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HomeMy WebLinkAboutAgenda Packet City Council - 01/18/2005CITY COUNCIL AGENDA JANUARY 18, 2005 Corpus Ch risti AII-AmedcaCity AnENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 18, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and addmss. Your pmserrlation will be llmited to three minutes. If you have a potition or other information pe[taining to your subject, please present it to the City Secretary. Si Usted desea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un inl¢rprete ingl¢s-espaflol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City 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 Deacon Rudy Ramirez, Sacred Heart Catholic Church. C. Pledge of AJlegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of January 11,2005. (Attachment # 1) Agenda Regular Coundl Meeting January 18,2005 Page 2 F. BOARDS & COMMrI-FEE APPOINTMENTS: (Attachment # 2) Electrical Advisory Board Mechanical/Plumbing Advisory Board Park and Recreation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For adminisb'a~ive convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two raading 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 herain for raconsideration and action on any reconsiderad item. CONSENT AGENDA Notice to the Public The following items are ora routine or administrative natura. The Council has been furnished with background and support material on each item, and/or it has been discussed at a 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 raquiring separate discussion have been acted upon. The ramaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a professional services contract with National Golf Foundation Consulting, Inc. (NGF), of Jupiter, Florida to study the management and operations of the two municipal golf courses in accordance with Request for Proposal No. BI-0048-05, based on most qualified proposal, for an amount not to exceed $30,000. Funds have been budgeted bythe Park and Recreation Department in FY 2004-2005. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Re~' ~ legend at Ihe end of ~le agenda summary) Agenda Regular Council Meeting January 18,2005 Page 3 .8, Motion approving a purchase of twelve (12)traffic signal video processor systems from Paradigm Traffic Systems, Fort Worth, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $110,940. Funds have been budgeted by the Street Department in FY 2004-2005. (Attachment # 4) Ordinance appropriating a $5,000 donation from CITGO Refining and Petroleum, L.P. in the Local Emergency Planning Committee (LEPC) current budget, Fund No. 6060, Activity 21700, to fund the production of a new "Shelter in Place" video. (Attachment # 5) Resolution amending Resolution No. 025889, which authorized the City Manager or his designee to accept a Title XX Grant from the Texas Department of State Health Services for Family Health and Family Planning Services in the amount of $291,750, to revise the amount of the grant to $20,000. (Attachment # 6) Ordinance amending Ordinance No. 025890 which appropriated a grant in the amount of $291,750 from the Texas Department of State Health Services in the No. 1066 Health Grant Fund for Family Health and Family Planning Services, to revise the amount of the appropriation to $20,000. (Attachment # 6) Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $107,000 for the J. C. Elliott Landfill Sector 11 Liner Improvements. (Attachment # 7) Motion authorizing the City Manager or his designee to execute Utility Easement instruments with the Estate of Redgers Francis Estes and the Estate of Delma Lorraine Estes for the acquisition of Parcels 431,432, and 433 in the total amount of $61,200, each containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4a, Project ~8425, and for other municipal purposes. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer t~ legend at Die end agenda summary) Agenda Regular Council Meeting January 18,2005 Page 4 10. 11_ 12. 13. 14. Resolution recognizing the public necessity of acquiring drainage and utility easements for the Downtown Drainage Improvement Project, Phase 1 (#2036), for drainage and utility purposes in connection with the project and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the easements. (Attachment # 9) Ordinance approving the sale of surplus property for the market value of $4,800, consisting of 2,226.6 square feet (0.051 ac.) of vacant land being of the remainder of Lot 2, Block 2, Brayton Addition, located at the northwest comer of Caranchua Street and Agnes Street and authorizing the City Manager or his designee to execute a Real Estate Sales Contract and Special Warranty Deed to the adjacent property owner, A.G. Edwards Development Ltd., L_P. (Attachment # 10) Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Holloman Construction, of Converse, Texas in the amount of $138,290.41 for the Resaca Lift Station work at the Broadway Wastewater Treatment Plant. (Attachment # 11) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Specialized Maintenance Services, of Pasadena, Texas in the amount of $90,875 for the Interstate Highway -37, State Highway 286 (Crosstown Expressway) and State Highway 358 (South Padre Island Drive) for Sanitary Sewer Cleaning and Televising. (Attachment # 12) Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $23,000 for construction of barrier free ADA accessibility ramps at multiple locations on Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Attachment # 13) Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of CITY COUNCIL PRIORITY ISSUES {Rel~r to legend a[ ~ end o~ agenda summary) Agenda Regular Council Meeting Janua~ 18,2005 Page 5 15. 16_ 17. 18. 19. $80,181.49 for construction of a traffic signal and other miscellaneous items on F.M. 624 from U.S. 77 to F.M. 1889. (BOND ISSUE 2000) (Attachment # 14) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Contract for Professional Services with Mody K_ Boatdght, P_E., of Corpus Chdsti, Texas in the amount of $40,500 for a total restated fee of $48,000 for the Power Street Storm Water Pump Station Rebuild Pump No. 2. (Attachment # 15) Motion authorizing the City Manager or his designee to execute a contract for external cash auditing services with G. F. Valdez and Co., of Corpus Chdsti, Texas in an amount not to exceed $40,000. (Attachment # 16) Ordinance authorizing the City Manager or his designee to execute a five-year Professional Services Contract and Lease Agreement with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse Tennis Center in consideration of Pro paying the City 5% of Pro and lesson revenue, and collecting and forwarding City revenue to City in return for Pro's exclusive use of tennis center, and City paying Pro $3,166 per month for Pro operating tennis center_ (Attachment # 17) Motion authorizing the City Manager or his designee to execute a Deferment Agreement with Dr. J. Patrick Moran, owner and developer of Saratoga Center, Block 1, Lots 11 thru 16 in the amount of $22,167.15 for a future 8-inch PVC water main improvement along the east side of South Staples Street, south of Saratoga Boulevard in accordance with the Platting Ordinance Section V-Required improvements, Subsection A.3.b). (Attachment # 18) Ordinance appropriating $787,067 in Passenger Facility Charge Fund No. 4621 from Unreserved Fund Balance for Airport Landside Roadway System Reconstruction Improvements; amending FY2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067. (Attachment # 19) CITY COUNCIL PRIORITY ISSUES (Reger to legend at the end of the agenda summary) Agenda Regular Coundl Meeting January 18,2005 Page 6 20. 21. 22.a. 22.b. 23.a. 23.b. 24.a. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Chdsti, Chapters 2, 17 and 39, regarding political participation of City employees, resign to run restrictions, and homestead exemption provisions, to correspond with election results. (Attachment # 20) Second Reading Ordinance - Authorizing the City Manager or his designee to amend the Long Term Lease Agreement with Host International, Inc., to provide for a storage area within the cargo facility at Corpus Chdsti International Airport at a rental rate which may change each fiscal year in accordance with aidine rates and charges. (First Reading 12/21/04) (Attachment # 21) PUBLIC HEARINGS: Public headng to consider abandoning and vacating a 4,380- square foot portion of a 22.60-foot wide alley right-of-way, between Lots 1-6 and 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of South Carancahua Street. (Attachment # 22) First Reading Ordinance - Abandoning and vacating a 4,380- square foot portion of a 22.60-foot wide alley right-of-way, between Lots 1-6 and 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of South Carancahua Street; subject to owner's compliance with the specified conditions. (Attachment # 22) Public headng to consider abandoning and vacating a 6,394.30- square foot portion of the South Carancahua Street right-of-way, north of Hancock Avenue; and the Hancock Avenue right-of-way, east of South Carancahua Street. (Attachment # 23) First Reading Ordinance - Abandoning and vacating a 6,394.30- square foot portion of the South Carancahua Street right-of-way. north of Hancock Avenue; and the Hancock Avenue right-of-way, east of South Carancahua Street; subject to owner's compliance with the specified conditions. (Attachment # 23) Public headng to consider abandoning and vacating the 14,731- square feet of the Huntwick Avenue right-of-way extending south from the intersection with Saratoga Boulevard (State Highway CITY COUNCIL PRIORITY ISSUES (Refer ~ legend at Ihe end of Ihe agenda summa~) Agenda Regular Council Meeting Janua~ 18,2005 Page 7 24.b. 25. 357) west of South Staples Street (Farm-to-Market Road 2,!.~.,!.); subject to compliance with the specified conditions. (Attachment # 24) First Reading Ordinance - Abandoning and vacating the 14,731- square feet of the Huntwick Avenue right-of-way extending south from the intersection with Saratoga Boulevard (State Highway 357) west of South Staples Street (Farm-to-Market Road 2444); subject to owner's compliance with the specified conditions. (Attachment # 24) ZONING CASES: Case No. 1204-06, Marwell Petroleum: A change of zoning from a "R-lB" One-family Dwelling Distdct to an "1-2" Light Industrial District, resulting in a land use change from single family to light industrial. The property is 5.601 acres out of Tract 7 of the William Robertson Farm Tracts, located along the southwest comer of Saratoga Boulevard and County Road 37 (Jurica Road). (Attachment # 25) Plannin(3 Commission and Staff's Recommendation: Approval of the "1-2" Light Industrial District. ORDINANCE CITY COUNCIL PRIORITY ISSUES (Rel~r to legend al. Ihe end of agama summary) 26. Amending the Zoning Ordinance upon application by Marwell Petroleum by changing the zoning map in reference to 5.601 acres out of Tract 7 of the William Robertson Farm Tracts, from "R-lB" One-family Dwelling Distdct to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1204-08, Coastal Community and Teachers Credit Union: A change of zoning from an "AB" Professional Office District to a "B-l" Neighborhood Business District, resulting in change of land use from professional office to neighborhood business. The property is located 1.98 acres out of Tract No. 1, Nueces County Health, Welfare and Safety Center, located along the southwest comer of Trojan Drive and Prescott Street. (Attachment # 26) Agenda Regular Council Meeting Janua~ 18,2005 Page 8 Planning Commission and Staff's Recommendation: Approval of the "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Coastal Community and Teachers Credit Union, by changing the zoning map in reference to 1.98 acres out of Tract No. 1 of the Nueces County Health, Welfare and Safety Center, from "AB" Professional Office District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. 27. Corpus Chdsti Convention and Visitor's Bureau, Quarterly Presentation. (Attachment # 27) K= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 28. Consideration of a request filed by five petitioners pursuant to Article I, Section 4 of the City Charter, to repeal Ordinance No. 026094 which prohibits smoking in food service establishments within the City. (Attachment # 28) 29_ Discussion of public access issues and consideration of ordinances amending the Code of Ordinances, City of Corpus Chdsti, Chapter 2, regarding Cable Communications Commission and access user groups and Chapter 55, regarding rules and procedures for public access cablecasting. (Attachment #29) PUBLIC COMMENT FROM THE AUDIENCE ON MA'I-FERS 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 UMIT 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 CITY COUNCIL PRIORITY ISSUES (Reft' ~ legend at Ihs end o~ Ihs age~da summa'y) Agenda Regular Council Meeting Janua~ 18,2005 Page 9 M= recording is mede of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y crae qua su Ingl~s es limitado, habn~ un int~rpmte ingl~s-espallol en la reunk~n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRS T AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Cede, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go Into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 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 brief discussions regarding city-related matters. 30. CITY MANAGER'S REPORT * Upcoming Items 31. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Rel~r ~ legend at Ihe end of the age,da summa~) 32. COUNCIL AND OTHER REPORTS Agenda Regular Coundl Meeting January 18,2005 Page 10 O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the fTont entrance to City Hall, 1201 Leopard Street, at l f //~ p.m., January 14 , 2005. rmando Chapa City Secretary ~ CITY COUNCIL PRIORITY ISSUES (Refer to lege~:l at the end of the agenda surnma~) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the FHday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action Item that Implement council priority issues. 1 PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Bill Kelly Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 11, 2005 - 10:04 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 Pastor Buddy Murphrey of Southcrest Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Mark Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of December 21, 2004. A motion was made and passed to approve the minutes as presented_ Mayor Neal opened discussion on Item 2, the second reading of the proposed smoking prohibition ordinance. City Manager Noe explained there were a series of proposed amendments to this ordinance for the Council's consideration. The first proposed amendment was posted on the agenda, and in effect exempted billiard halls fi.om the ordinance. The second amendment would exempt bingo halls. The third amendment related to the exemption for private clubs, and the fourth amendment exempted bars that are separate rooms within restaurants. He noted there were two versions of the fourth amendment, one proposed by the Coastal Bend Restaurant Association, and the other proposed by staff. Mayor Neal asked for discussion on the fi.rst amendment exempting billiard halls. Council Member Noyola made a motion to amend prior to second reading the ordinance amending Sec. 23- 74, Smoking Prohibitions, by revising the language in Sec. 23-74(b)(4) by deleting the subsection heading entitled "Billiard halls and bowling alleys"; inserting the subsection heading entitled "Billiard halls, bingo halls, and bowling alleys"; and deleting the subsection text "to billiard halls and" and replacing the text with ''to billiard halls, bingo halls, and". This motion was seconded by Mr. Colmenero. City Secretary Chapa polled the Council for their votes on Mr. Noyola's motion to amend as follows: Minutes - Regular Council Meeting January 11, 2005 - Page 2 2.a. MOTION NO. 2005-001 Motion to amend prior to second reading the ordinance amending Sec. 23-74, Smoking Prohibitions, by revising the language in Sec. 23 -74(b)(4) by deleting the subsection heading entitled "Billiard halls and bowling alleys"; inserting the subsection heading entitled "Billiard halls, bingo halls, and bowling alleys"; and deleting the subsection text "to billiard halls and" and replacing the text with ''to billiard halls, bingo halls, and". City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Noyola and Scott, voting "Aye"; Cooper, Garrett, Kelly, and Kinnison, voting Mayor Neal opened discussion on the second proposed amendment exempting private clubs fi.om the smoking prohibition ordinance except when tickets to a club event were sold to the general public. In this instance, the private club would be considered a pubhc venue, and thus the smoking prohibition ordinance would apply. Mr. Kinnison spoke in support of this amendment because he felt the exemption of private clubs was acceptable if these venues were not open to the general public. City Secretary Chapa polled the Council for their votes on the proposed amendment related to private clubs as follows: Kinnison and Scott, voting "Aye"; Neal, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting '~No"; Chesney abstained. The motion to amend failed_ Mayor Neal opened discussion on the third proposed amendment regarding the exemption of enclosed bar areas within restaurants and hotels (food service establishments). City Manager Noe stated the original proposal initiated by the Coastal Bend Restaurant Association broadly described the requirements to exempt wholly enclosed and separately ventilated bar areas. By contrast, Mr. Noe said staffs proposed amendment was much more detailed, based on the langmage included in other ordinances around the state. Mr. Chesney stated that although he personally abhorred smoking, he was in favor of the proposed amendment exempting enclosed bar areas because it seemed like a good compromise. He asked Mr. James Gray with the American Heart Association to explain why they were opposed to the said amendment. Mr. Gray replied research has shown that while ventilation systems can remove smoke particles from the air, they are ineffective at removing the carcinogens and contaminants in cigarette and cigar smoke. Ventilation systems were also expensive inveslxnents for businesses. Mr. Gray stated the group supported the proposed smoking prohibition because they felt it was an incremental step toward their final goal of a total ban on smoking in public spaces. They did not believe, however, that the proposed amendment exempting enclosed bar areas would not protect the public health. Mayor Neal asked for public comment on each of the preceding amendments, and many individuals spoke at varying times throughout the proceedings. The following individuals spoke against the proposed smoking prohibition ordinance: Mr. Robert Brunson, 8253 Agnes; Ms. Dee Huber; Mr. Clark James with Citizens for Choice and Common Sense; Mr. Jim Soder; Ms. Anna Spinuzi; Mr. Wayne Hodge, 3626 Redwood; Ms. Brenda Emory; Ms. Cheryl Bratcher; Ms. Valerie Minutes - Regular Council Meeting January 11, 2005 - Page 3 Telles; Mr. J.P. Kinney; Mr. Jack Gordy, 4118 Bray; Mr. Ralph Jennings; Ma'. Joseph Farrah; Mr. Steve Moore; an unidentified gentleman who was a Corpus Christi Country Club member; and Mr. David Noyola. The following individuals spoke in favor of the first reading ordinance passed on December 14, 2004, and/or opposed any amendments for fear they would dilute the power of the ordinance: Mr. Phil Rosenstein; Mr. Abel Alonzo, 1801 Thames; Ms. Chris Lawrence; Mr. Larry Primeau; Dr. Iley Browning; Ms. Mimi Kyle; Ms. Mary Dale Peterson; Mr. James Gray with the American Cancer Society; Dr. Gerard Voorhies; Ms_ Dora Del Toro with the State's Regional Tobacco Prevention and Control Group in Harlingen, TX; Dr. Phil Huang w~th the Texas Department of Health Services; and Ms. Karen Beard. Mr. David Bentley and Ms. Jennifer Smith spoke against the proposed smoking prohibition ordinance because they believed it placed restaurants with bars at a disadvantage. They advocated either a total ban on smoking in restaurants and bars to level the playing field, or an exemption for restaurants like their establishment that became bars after 10:30 p.m. Mr. Dee Haven with the Coastal Bend Restaurant Association, and Mr. Steve Kelley and Mr. J.D. McDonald with the Outback Steak House spoke in favor of the proposed amendment exempting enclosed bar areas, but asked the Council to allow business owners to exercise their fights to run their business as the market dictated. Mr. Bill Kopecky, 3609 Topeka, commented regarding the February 1, 2005 effective date for the ordinance, saying he would be submitting a referendum petition within 60 days that would prohibit the enforcement of the ordinance. He suggested the effective date be changed to May 1. Mayor Neal made a motion to amend the proposed smoking prohibition ordinance to ban smoking in all public places, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes on the said amendment as follows: Neal, Cooper, Kelly, and Kinnison, voting "Aye"; Chesney, Colmenero, Garreth Noyola, and Scott, voting "No". The motion failed. Mayor Neal made a motion to amend the proposed smoking prohibition ordinance to ban smoking in all restaurants and all bars, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: Neal, Cooper, Kelly, and Kinnison, voting "Aye"; Chesney, Colmenero, Garrett, Noyola, and Scott, voting "No". The motion failed. A motion was made and seconded by Mr. Noyola to amend the proposed smoking prohibition ordinance by exempting enclosed bar areas within food service establishments and hotels, as drafted by city staff. City Secretary Chapa polled the Council for their votes as follows: Chesney, Colmenero, Noyola, and Scott, voting "Aye"; Neal, Cooper, Garrett, Kelly, and Kinnison, voting "No". The motion failed. City Secretary Chapa polled the Council for their votes on the proposed smoking prohibition ordinance on its second reading as amended as follows: Minutes - Regular Council Meeting January 11, 2005 - Page 4 2.b. ORDINANCE NO. 026094 Amending the Code of Ordinances, Section 23-74, Smoking Prohibitions, Subsection (b)(1)(e), by revising the language; amending Subsection (bX4) by revising the language; and establishing an effective date. (Flint Reading 12/14/04) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for petitions from the audience. Ms. Becki Jones, 1856 C.1L 32, spoke in favor of extending the hours of the animal care facilities to better serve the community_ Ms. Sherry Dunlap, 5825 Hopkins, spoke regarding alleged discrepancies in staff survey results for King County and San Mateo County presented during the second reading of the animal care ordmanee. Mr. Jack Gordy, 4118 Bray, spoke regarding Item 25, an executive session regarding a legal settlement, and also regarding the alleged mismanagement of the public access studio_ Ms. Cruz R. Colomo and Mr. George Iniguez, 713 Texas Avenue, refuted Mr. Gordy's claims, saying the public access studio was in good standing. Ms. Cooper expressed frustration that the management of the public access studio was an ongoing problem, and she asked staffhow to resolve the matter. City Manager Nee replied staff would brief the Council next week on how to terminate the city's involvement in the public access studio management, as Mr. Chesney had suggested. He felt this was the only viable solution. Mayor Neal called for a brief recess to present proclamations. The Council returned from recess, and Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 25. Executive session under Texas Government Code Section 551.071 regarding Cause No. C- 04-110, Bobby Wayne Ballard vs. City of Corpus Christi, et al, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. E^ccufiv¢ session ~,d;, Texas Gev,., ,m,,.nt Code Sextio,, $ 51.071 ,,.ga, dk,g Cause I~o. 04- 06556-A, Ci~ of Oo, i, as ClM~ti, Tcxas vs. Ak Liquide Al,,.d,.a, L.P., ,.t al, ia thc Di~hi,.t Couct of Nuggets County, Tcxas, 28'~ Judicial District, with possible discussion and action Minutes - Regular Council Meeting January 11, 2005 - Page 5 27. Executive session under Texas Government Code Section 551.074 for deliberations regarding the duties of Municipal Court Judges and the appointment of full time and/or part time municipal court judges with possible discussion action related thereto in open session_ The Council went into executive session. The Council returned fi.om executive session and the following motions were passed with the following vote: 25. MOTION NO. 2005-015 Motion authorizing the City Manager to settle Cause Number C-04-110; Bobby Wayne Ballard vs. City of Corpus Christi et al, in the United States District Court for the Southern District of Texas, for the sum of $100,000.00, subject to the certification of funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent 27. MOTION NO. 2005-016 Motion appointing Hector DePefia, Melissa Madr/gal, and Jerry Batek as Part-Time Judges of the Municipal Court of Corpus Christi, Texas effective January 17, 2005 and setting their salaries at an hourly rate equal to that of the other Municipal Court Judges to work hours as determined by the Presiding Judge to terms co-terminous ~vith those of the City Council. The foregoing motton was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal opened discussion on Item 4 regarding short-term and long-tetra leases for the operation of the food and beverage concessions at the airport. Director of Aviation Dave Hamrick explained that the original concessionaire's lease was temdnated in October 2004 by mutual agreement_ Since then, the mty entered into short-term agreements with Whataburger and Noble Food Services to continue food and beverage service_ Mr. Hamrick reported staffdeveloped, published, and directly mailed an RFP for food and beverage services to 65 prospective companies, 62 of which were local companies. Two responses were received, both from out-of-town vendors as follows: Game Time Food and Beverage Services fi.om Buffalo Groves, IL and MSE Branded Foods fi'om Gainesville, GA. The selection committee chose Game Time Food and Beverage Services, Inc. Mr_ Hamrick stated staff entered into and completed negotiations with Game Time_ The negotiations yielded a ten-year agreement with Game Time with one five-year option to extend. He was excited to report Game Time would provide food and beverage service both pre- and post- checkpoint, a first for the airport. Game Time would pay the city a minimum guarantee of $72,000, or a percentage ranging fi.om 12 percent to 17 percent of the gross annual sales, whichever was Minutes - Regular Council Meeting January 11, 2005 - Page 6 greater. In addition, Game Time would provide a quarter of one percent of gross sales towards an equipment maintenance fund, and a quarter of one percent of gross sales towards a marketing and advertising fund. Mr. Hamfick also reported Game Time would provide $175,000 for new equipment that would become city property at the end of the lease. Mr. Hamrick reported the city had agreed to provide up to $105,000 for infi'astxuctare modifications. He displayed anumber ofphotos illustrating the building modifications necessary to provide pre- and post-checkpoint food and beverage service_ The post-checkpoint food and beverage service area would be located in the gate area next to the current news and gift shop. The current restaurant space, formerly a Chili's, would be converted to pre-checkpoint status by removing the glass wall dividing the current Whataburger service windows, and relocating it to the current entrance of the former Chili's. There were no comments fi.om the audience. City Secretary Chapa announced that Mr. Noyola was abstaining fi.om the vote and discussion on this item. He polled the Council for their votes as follows: 4.a. ORDINANCE NO. 026095 Ordinance authorizing the City Manager or his designee to execute a Short Term Lease Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage Services, Inc. for the operation of food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and percentage rent, commencing upon the later of the date of award by the City Council or February 1, 2005 for a period not to exceed one year_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero and Scott were absent; Noyola abstained. 4.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a Long-Term Lease Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage Services, Inc. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and a percentage rent for a term often years with a five year option to renew upon agreed terms. The foregoing ordinance was passed and approved on its fa'st reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero and Scott were absent; Noyola abstained. Mayor Neal opened discussion on Item 5, a construction conlract for Phase 1 Part"A" of the Lindale/Chenoweth Subdivision Drainage Improvements project. City Engineer ,~mgel Escobar explained this project was part of the $55 million in drainage improvements approved by the City Council. This contract would authorize work on the fit~t of three phases for this project, totaling $6.3 million. The work on Phase 1 Part A, extending fi.om Ocean Drive to Santa Fe (near Minutes - Regular Council Meeting January 11, 2005 - Page 7 Chenoweth Dr/ve), will cost approximately $3,009,625. Mr. Escobar stated in June 2005, Part "B" of the project, extending fi.om Santa Fe Drive to Reid Drive in the Lindale subdivision, would begin construction. In addition, he said the work on Reid Drive included the slzeet work approved in the Bond 2004 issue. Mr_ Escobar reported the project consisted of a Base Bid and one Additive Alternate. The Additive Alternate was the purchase of a 9-foot by 9-foot concrete box culvert to be temporarily stored and then delivered to the Lindale/Chenoweth project construction site for future installation between Ocean Drive and Corpus Christi Bay. There were no comments fi.om the audience_ City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2005-003 Motion authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $3,009,625 for the Lindale/Chenoweth Subdivision Drainage Improvements, Phase 1 Part"A" for the Base Bid and Additive Alternate No. 1. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garreth Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent_ Mayor Neal opened discussion on Item 3, a motion to amend the city's legislative program to support the "metrogovemment" concept, an effort to consolidate local governmental functions where possible and provide joint provision of local governmental services to reduce costs and increase efficiency. Mr. Chesney commented that he wished to change the motion's wording to read "The City supports the consolidation of local governmental functions and entities.._". In addition, he asked the Mayor to consider appointing a committee of select Council members who would meet with the County Judge and representatives fi.om the Commissioners Court to discuss possible areas of consolidation. Mayor Neal supported the idea of studying possibilities for the consolidation of local government services, but shied away fxom the term "metrogovernment" until further study. He believed the proposed dialogue was a good beginning for the consolidation effort, but he did not support targeting specific legislation on metrogovernment at this point. He had studied sample metrogovemment legislation, and he clearly did not support the creation of a "super" County Judge provided for in some of the legislation_ Mr. Kinnison and Mr. Noyola also spoke in support of the general concept, with the hope the county would support the idea as well, because otherwise the discussions would stall. Mayor Neal also stated it had been alleged that the city wished to begin this dialogue with the county because of poor finances. He said nothing could be further fi.om the truth; rather, the city wished to pursue the idea as a way to increase efficiency and reduce costs. Minutes - Regular Council Meeting January 11, 2005 - Page 8 There were no comments fi.om the audience. Mr_ Chesney made a motion to amend the motion as follows: to change the wording to read "The City supports the consolidation of local governmental functions and entities..."; and to provide for the appointxnent of a four-member Council committee to meet with the County Judge and/or representatives fi'om the Commissioners Court to discuss possible areas of consolidation. The motion to amend was seconded by Mr. Kelly, and passed. City Secretary Chapa polled the Council for their votes on the motion as amended as follows: 3. MOTION NO_ 2005-002 Motion to amend the 2004-2005 City of Corpus Christi Legislative Program by amending Section XII Efficient Administration by adding a new Section h, under Actively Support to read as follows: CONSOLIDATION OF LOCAL GOVERNMENTAL FUNCTIONS AND ACTIVITIES: The City supports the consolidation of local governmental functions where possible and the joint provision of local governmental services and entities through the maximum use of interlocal contracts for service provision where possible, both with the goal of reducing governmental cost and providing governmental services in the most efficient manner possible. and renumber the following section accordingly. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal called for consideration of the consent agenda (Items 6-17)_ City Secretary Chapa announced that Council Member Noyola was abstaining fi.om the vote and discussion on Items 10 and 15, and Council Member Kelly was abstaining fi'om the vote and discussion on Items 6, 12, and 16. There were no comments fi-om the audience. A motion was made and passed to approve Items 6 through 17, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 20~~, a, 74 Motion approving the allocation of $70,500 fi.om the Hotel Occupancy Tax Fund and $22,000 fi.om the General Fund to fund grant contracts with 17 arts and cultural organizations. Funding is authorized in the FY 2004-2005 budget. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Gan-ett, Kinnison, Noyola and Scott, voting "Aye"; Colmencro was absent; Kelly abstained. Minutes - Regular Council Meeting January 11, 2005 - Page 9 ORDINANCE NO, 026096 Ordinance appropriating $316,400 (fi.om a Local Transportation Project Advanced Funding Agreement grant fi.om the Texas Department of Transportation) in the No. 1071 Corrmaunity Enrichment Fund to provide funding for the Bay Trail Phase 3 project; by increasing appropriations by $316,400. 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. MOTION NO. 2005-005 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 $227,831 for a total restated fee of $292,041 for the Southxnoreland Addition Area Street Improvements, Phases 3B and 4B. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 9_a. MOTION NO. 2005-006 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $160,000 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 9.b. MOTION NO. 2005-007 Motion authorizing the City Manager or his designee to execute a materials testing, laboratory services and liner construction documentation contract with Triaity Engineering/Kleinfelder in an amount not to exceed $90,773 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Minutes - Regular Council Meeting January 11, 2005 - Page 10 10. MOTION NO. 2005-008 11. 12. Motion authorizing the City Manager or his designee to execute Amendment No_ I to an Engineering Services Contract with IMDC, Inc., of Miami, Florida in an amount not to exceed $24,988 for a restated fee of $41,529 for the Corpus Christi International Airport Runway 13-31 Lighting and Cable Replacement project_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garreth Kelly, Kinnison, and Scott, voting "Aye"; Colmenero was absent; Noyola abstained. MOTION NO. 2005-009 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in the amount of $433,234, for a total restated fee of $458,207 for the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 Concrete Lined Channel Rehabilitation: Carroll West Concrete Lined Channel Rehabilitation: Airport, Phase 2 Concrete Lined Channel Rehabilitation: Flyrm Shea Bridge Rehabilitation: Kingsbm'y Drive Bridge Rehabilitation: Lexington Road Drainage Channel Excavation: Saratoga Boulevard Bridge The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. MOTION NO. 2005-010 Motion authorizing the City Manager or his designee to execute Change Order No. 11 with Moorhouse/BeecroR, Joint Venture, LLC, of Corpus Christi, Texas for the Convention Center Expansion and Rehabilitation in the amount of $388,749 for various architectural, electrical, mechanical, structural and other modifications. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent; Kelly Minutes - Regular Council Meeting January 11, 2005 - Page 11 13. MOTION NO, 2005-011 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount of $196,000 for construction inspection services on the Downtown Drainage Improvements Project as follows: Phase 1 - Project "A" Water Stxeet New Interceptors and Inlets Phase 1 - Project "B' Kinney Street Pump Station Phase 2 - Agnes Street Box Culvert and Diversion Lines The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 14. MOTION NO. 2005-012 Motion authorizing the City Manager or his designee to execute a construction phase engineering services contract for corrosion protection with V & A Consulting Engineers, Inc., of Oaldand, California in an amount not to exceed $49,900 for the Southside Water Transmission Main Phase 4 and 4A project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 15. MOTION NO. 2005-013 Motion authorizing the City Manager or his designee to execute Change Order No. 14 (Enlxance Roadway) with Bay, Ltd, of Corpus Christi, Texas in the amount orS 130,000 for the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase 2. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kiimison, and Scott, voting "Aye"; Colmenero was absent; Noyola abstained. 16. MOTION NO, 2005-014 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with the Conslxuction Manager at Risk Contract with FultordCoastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $331,409 for installation of a 36-inch Storm Water Main fi-om Whataburger Field to the Corpus Christi Ship Channel and increasing the Guaranteed Maximum Price to $21,791,935 for consmaction for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Minutes - Regular Council Meeting January 11, 2005 - Page 12 Cooper, Garreth Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent; Kelly abstained. 17. ORDINANCE NO. 026097 Ordinance authorizing the resale of one property located at 1025 Green Bay which was foreclosed upon for failure to pay ad valorem taxes, for $3,650. 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 18, and a motion was made, seconded and passed to open the public hearing on the following zoning ease: Case No. 1104-02, Cit~ of Corpus Christi Landmark Commission, Johann Collins: A change of zoning from a "B-5" Primary Business District to a "B-5" with HC-IV Primary Business District with Historical-Cultural Landmark Classification, resulting in a land use change from primary business to primary business with landmark preservation. The property is in the Beach Addition, Block 44, Lot 6, located on the southwest comer of Chaparral Street and Palo Alto Street. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "B-5" with HC-1V Primary Business District with Historical-Cultural Landmark Classification. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 18_ ORDINANCE NO _ 026098 Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark Commission and Johann Collins by changing the zoning map in reference to Beach Addition, Block 44, Lot 6, from "B-5" Primary Business District to "B-5" with "HC"-IV Primary Business District with Historical-Cultural Landmark Preservation; 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, Garrett, Kirmison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent; Kelly abstained. Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public heating on the following zoning case: Minutes - Regular Council Meeting January 11, 2005 -Page 13 19. ORDINANCE NO. 026099 Amending the Zoning Ordinance, upon application by Bay Breeze Development Company, L.P., by changing the zoning map in reference to 60.15 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8, fi-om "F-R" Farm Rural District to "R- 1C" One-family Dwelling 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal referred to Item 20, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-02, May Development, L.P.: A change of zoning from an"A-l" Apartment House District to a "B-4" General Business District, resulting in a land use change from medium density residential to general business. The property is located east of Lexington Road and 400 feet south of South Padre Island Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business Distfct. No one spoke in opposition to the zoning change. Mr_ Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO, 026100 Amending the Zomng Ordinance, upon application by May Development, L.P., by changing the zoning map in reference to 1.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lot 12, from "A- 1" Apartment House District to "B--4" General 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-03, Colson & Colson Construction Company: A change of zoning fi-om a "R- IB'' One-family Dwelling Dislx'ict to a "R-2" Multiple Dwelling District, resulting in a land use change fxom low density residential to medium density residential. The property is Minutes - Regular Council Meeting January 11, 2005 - Page 14 located north of Lipes Boulevard and 400 feet west of South Staples Street. No one spoke in opposition to the zoning change. Mx. Scott made a motion to close the public hearing, seconded by Mx. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 026101 Amending the Zoning Ordinance, upon application by Aman Ullah, by changing the zoning map in reference to Behmann Subdivision, Block 2, Lot 4A, fi.om "I-2" Light Industrial District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. g~n emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 22, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-04. Aman Ullah: A change of zoning from an "I-2" Light Industhal District to a "B-4" General Business District, resulting in a land use change fi-om light industrial use to general business uses. The property is located along the northeast section of Crosstown Expressway and South Padre Island Drive. No one spoke in opposition to the zoning change_ Ma'. Chesney made a motion to close the public hearing, seconded by MX. Scott, and passed. City Secre~'y Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 026102 Amending the Zoning Ordinance, upon application by Aman Ullah, by changing the zoning map in reference to Behmann Subdivision, Block 2, Lot 4A, from "I-2" Light Industrial Dislrict 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, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-05, City of Corpus Christi: A change of zoning from a "B-2' Bayfront Business Dislrict to a "B-5" Primary Business Distxict, resulting in a land use change fi.om bayfi'ont business to primary business. The property is in the Beach Addition, in the north half of Blocks 72, 81 and 91, located west of Shoreline Boulevard and north of Resaca Minutes - Regular Council Meeting January 11, 2005 -Page 15 Street. Mayor Neal asked for public comment. Ms. Kathleen White stated she owned an office building on the comer of Resaca and N. Shoreline Boulevard, near the new arena. She recently lost a tenant in this building citing problems with access and parking availability attributable to the arena construction. She asked the Council for assistance in remedying these problems so she would be able to successfully re-let the building. City Manager Noe replied staffwould work with Ms. White to address these issues. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO, 026103 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the zoning map in reference to Beach Addition, being the north half of Blocks 72, 81, and 91, fi.om "B-2" Bayfi'ont Business District to "B-5" Primary Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal recessed the regular Council meeting to hold the Corpus Christi Community Improvement Corporation (CCCIC) meeting. The Council returned fi.om recess, and Mayor Neal called for the City Manager's report. City Manager Noe reported the recruits fi.om the Corpus Christi Fire Department Training Academy began installing smoke detectors in selected homes around the community last Friday as part of their 40-hour community service requirement for the academy. The fire department obtained 300 smoke detectors fi.om the State Fire Marshal's Office through the Prevention First Smoke Alarm distribution program, and obtained an additional 300 smoke detectors specially designed to alert small children were provided by KidSmart. He said the homes were selected with the assistance of the Head Start program. City Manager Noe stated the opening meeting for Neighborhood Improvement Program (NIP) Area No. 8, comprised of the Molina area, would be held on Thursday evening at West Oso Junior High. City Manager Noe introduced Mr. Leon Bazan, the new director of human relations, saying he had an extensive background in human resources. Minutes - Regular Council Meeting January 11, 2005 -Page 16 Finally, Mr_ Noe said the following issues would be considered in the next Council meeting: the city's involvement in public access channels and studios; the Convention and Visitors Bureau (CVB) quarterly report; and a number of ordinances related to implementing the voter-approved city charter visions_ Mayor Neal reported he would be absent fi-om the next Council meeting to attend the U.S. Council of Mayors conference in Washington, D.C., so Mayor Pro Tem Kelly would preside in his place. Mayor Neal called for Council concerns and reports_ Mr. Scott said he spoken with Mr_ Noe about problems with duck hunters trespassing on Mr. Schexnailder's property on Padre Island. He asked Mr. Noe to contact Mr. Schexnailder to suggest that he post "No Trespassing" signs on his property. Mr. Kirmison asked the Council meet with the Regional Transportation Authority (RTA) regarding the streetcar system as soon as possible, since it was apparent they were proceeding with the project even though the Council had clearly stated the city was not going to provide financial support. He also wished to make the city's position on the streetcar concept in general clear to the RTA. If the city wished to support the project concept, he said it was important to coordinate the streetcar project with the bayfxont improvement projects approved in Bond 2004. If not, then the city needed to clarify this point with the RTA now. City Manager Noe suggested placing an item on the January 25 Council meeting agenda for discussion. The Council concurred with this idea. Mr. Noyola encouraged the residents in his district to attend the NIP meeting previously announced by City Manager Noe, taking place at 6:00 p.m. in West Oso Junior High. Mr_ Noe added that flyers distributed for the event were printed in both English and Spanish. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:06 p.m. on January 11, 2005. 2 ELECTRICAL ADVISORY BOARD - Five (5) vacancies with two-year terms to 12-31-06 representing the following categories: 1 - Master Electrician, 1 - Not connected with the electxical industry, 1 - Journeyman Electrician, 1 - Home Builder and 1 - Electrical Engineer. DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Nine (9) persons appointed bythe City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five years experience in electrical engineering; one (1) person with five years experience in the commercial building industry; one (1)person with five years experience in the home building industry; and two (2) members, residents of Corpus Christi, not connected with the electrical industry. Five (5) members of the Board constitute a quorum, and concurring vote of not less than five (5) members is necessary to constitute an official action of the Board. MEMBERS TERM Kyle Budd (Master Elee.), Chairperson 12-31-05 *Martin Adrian (Master Elec.), Vice-Chair 12-31-04 Richard Gray (Not conn_ to elec. industry) 12-31-06 *Robert R. Connoly (Not conn. to elec. industry) 12-31-04 **Miguel Carranco (Journeyman Elec) 12-31-04 Shane Torno (Reg. Engineer) 12-31-05 Bill Ewing, Jr. (Commercial Builder) 12-31-05 *Charles E. Sebb~rt (Home Builder) 12-31-04 **Joe Hemandez (Electrical Eng) 12-31-04 ORIGINAL APPTD. DATE 2-17-98 1-09-01 9-14-04 1-09-01 1-12-99 5-21-02 9-14-04 5-16-00 10-14-97 *Seeking reappointment **Has met the six-year limitation allowed by ordinance and is ineligible for reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Martin Adrian (Master Elec.) 5 4 Robert R. Connoly (Not conn.) 5 4 Charles E. Sebbert (Home Builder) 5 5 % OF ATTENDANCE LAST TERM YEAR 8O% 8O% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Ray Bachnak Professor of Commuting and Math Science, Texas A & M University - Corpus Christi. Received Ph.D. in Electrical Engineering. Board member of the IEEE Corpus Christi Section. (Not connected to electrical industry) (4-20-04) Craig Loving Assistant Business Manager, IBEW, Lu #278. Received IEC Electrical Apprentice Certification. Member of the Coastal Bend Central Labor Council. (Journeyman Electrician) (11-19-04) Lee Montgomery Partner, GPM Engineering. Received B_S. f~m Texas A & I University.. Licensed as a State Master Electrician. Member of the Texas A & M - Corpus Christi Advisory Committee for Engineering Technology Department. (Electrical Engineer) (11-04-04) William Wright Journeyman Electrician, Scott Electric. Education includes: Joint Apprenticeship Training Center, Electrician Training, Fiber Optics Training and Generators Training. Received the Eagle Scout Award and is a Oso Soccer Coach. (Journeyman Electrician) (1-10-05) Charles Zeller President, Zeller Electic Co., Inc. and Owner, Zeller Consta-uction. Attended Del Mar College to receive IBEW Apprentice Program. Member of the Kiwanis Club of Corpus Christi and received the Eagle Scout award. (Master Electrician or Home Builder) (2-05-04) MECHANICAL/PLUMBING ADVISORY BOARD - Seven (7) vacancies with to, ms to 1- 02-06 and 1-02-07 representing the following categories: 1 - Not connected with the building industry, 3 - Air Conditioning, 1 - Commercial Builder, 1 - Plumbing trade or Master Plumber and 1 - Irrigator. (Note: Staff ts recommending postponing the appointment of the Not connected with the budding industry posltion to recruit additional resumes.) DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a pro~;edure for hearing appeals fi.om the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical Code. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is Licensed as an h-rigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 merabers of the Board is necessary to constitute an official action of the Board. MEMBERS TERM *Robert Knowles (Not conn. bldg. ind.), Chair 1-02-05 ***Bob Hughes (Air Conditioning), 1-02-05 Mody K. Boatright (Mechanical Eng.) 1-02-06 Patrick Scarpulla (Master Plumber) 1-02-06 **Sam Beecroft (Commercial Builder) 1-02-05 **Kevin A. Kemp (Master Plumber) 1-02-05 James Horman (Master Plumber) 1-02-06 **Red Akin (Air Conditioning) 1-02-06 ***Scott Corliss (Air Conditioning) 1-02-05 John Tucker (Home Builder) 1-02-06 ***H. Ray Johnson, Jr. (h-rigator) 1-02-05 ORIGINAL APPTD. DATE 5-18-99 9-09-03 1-08-02 8-11-99 5-18-99 6-10-03 1-13-04 1-08-02 1-14-03 1-08-02 3-19-02 *Has met the six-year limitation allowed by ordinance and is ineligible for reappointment **Resigned ***Seeking reappoinmaent ATrENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Bob Hughes (Air Cond.) 5 4 Scott Corliss (Air Cond.) 5 5 H. Ray John~n, Jr_ (Irrigator) 5 4 % OF A'I-I'ENDANCE LAST TERM YEAR 80% 100% 80% OTI~R INDIVIDUALS EXPRESSING INTEREST Rene O. Carrasco Owner, Absolute Air. Received Air Conditioningffleating Technical Degree from Del Mar College and NATE certification. Activities include: Habitat for Humanity and the Hispanic Chamber of Commerce. (Air conditioning) (10-11- O4) James Michael Dildy Owner, Dildy Plumbing. Licensed Master Plumber in Corpus Christi for 25 years. (Plumbing Industry/Master Plumber) (9-20-04) Van Eaton Self-employed, South Texas Lawn Sprinkler. Licensed as an Irrigator and has serviced Corpus Christi for 43 years. (Irrigator) (1-06-05) Everest Huerta President, EGH Construction_ Received an Associates degree in Applied Science. Member of the Corpus Christi Hispanic Chamber of Commerce and named Business Man of the Year. (Commercial Builder) (9-03-04) Kenny Mantor President, K.J_M. Commercial, Inc. Activities include: Texas Residential Construction Commission, Coustmction Financial Management Association and ABC. Certified as an authorized Builder CICO. (Commercial Builder) (1-10-05) Wade Perkin~q Supervisor, Custom Filtration and Licensed as a Journeyman Plumber_ industry)(1-10-OS) Plumbing. (Plumbing Karim I. Salighedar Imgalion Manager, Fox Tree and Landscape Nursery. Received a B.S. in Agronomy and M.S. in Agricultural MechaniTation. Activities include: Texas Turf Irrigation Association, American Julio Sanchez Mike Wanzer Back_flow Prevention Association and Coastal Bend Imgation Association. (Irrigator) (1-06-05) Owner, Mr. Freeze Air Conditioning and Management. Received T.S.T.C. training in Waco, Texas. Licensed in Ak conditioning_ (Air conditioning)(1-05-05) Owner, Mike Wanzer A/C and Appl. Current president of the ACCA of the Coastal Bend. Licensed in Air conditioning (Air conditioning) (1- 06-05) c_ PARK AND RECREATION ADVISORY COMMITTEE - Two (2) vacancies with terms to 8-23-05 and 8-23-06. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. ¢OMPOSmON: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. MEMBERS TERM ORIGINAL APPTD. DATE Sandra Billish, Chairperson Rome Gregorio, Vice-Chairperson Davie Cissna Anne Baker *Dorrinda Garza *Karen Woodard Gloria C. Aguilar Hunter Young Carl Suding C.J. McKinney Gregory T. Perkes 8-23-06 9-14-99 8-23-06 8-22-00 8-23-06 8-20-02 8-23-05 9-14-99 8-23-06 8-20-02 8-23-05 8-19-03 8-23-05 4-22-03 8-23 -05 5-18-04 8-23-05 8-17.04 8-23-06 8-17-04 8-23-05 4-22-03 *Resigned (Note: The Park and Recreation Advisory Committee Is recommending the new appointment of Mart I~hltworth and Jamie Pyl~ The Committee's thtrd choice is Buddy Sparka) INDIVIDUALS EXPRESSING INTEREST James Chrobocinski Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College. Activities include: volunteer in athletic program at Baker Junior High and multiple committees at C.C. Medical Center. (10-28-04) Linda Figueroa Office Manager/Paralegal, Ysassi & Ysassi, P.C. Attended Texas A & I University and the Un/versity of Houston. Activities include: Vice President of the Texas Democratic Women and board member for RIDC. (9-30-04) 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 Member, After Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (8-09-04) Buddy T. Sparks Retired Hospital Administrator. Received B.S. f~om George WashLngton University and M.A. fi-om South Illinois University. Chair of the Nueces County Appraisal Review Board. Previously served on the Friends of the Park Committee. (7- lS-0S) Mari Whitworth Teacher, Corpus Christi Independent School District. Received Bachelors in Education. Member of the PTA and involved in the dedication of Dan Whitworth Park. Named Teacher of the Year representative for Luther Jones Elementary. (10-12-04) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a professional services contract with National Golf Foundation Consulting, Inc. (NGF), Jupiter, Florida to study the management and operations of the two municipal golf courses in accordance with Request for Proposal No. BI-0048-05, based on most qualified proposal, for an amount not to exceed $30,000. Funds have been budgeted by the Park & Recreation Department in FY 04-05. Purpose: This study will provide the Park & Recreation Department with an evaluation of current daily operations, management, staffing and maintenance and supply a five year business plan. Completion of the study will take six to nine weeks. Requests for Proposal Issued: Seven Proposals Received: Thlee Basis of Award: Most Qualified Proposal. Proposals were evaluated across slx separate criteria including experience of the firm, experience of personnel, project approach, project schedule, cost and references. Based on the recommendation of the evaluation committee comprised of the Director of Park & Recreation, Superintendent of Support Services for Park & Recreation, Chairman of the Greens Committee for Park & Recreation and the Procurement & General Services Supervisor in Purchasing, National Golf Foundation Consulting has been deemed the most qualified proposer. Funding: Park & Recreation Dept. 530000 4690 35200 530000 4690 35210 15,000.00 15,000.00 Page I of 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NATIONAL GOLF FOUNDATION CONSULTING, INC. THE STATE OF TEXAS § COUN'FY OF NUECES § § KNOW ALL BY THESE PRESENTS: This professional services agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager, or designee ("City Manager"), and the National Golf Foundation Consulting, Inc., ("Consultant"). Section 1. Engagement. City agrees to engage the Consultant to perform those services described below for completion of the following project: Golf Course Management and Operations Study for the City ("Project"). Section 2. Term. The terTn of this Agreement begins upon approval of the City Council of the City of Corpus Christi, at which time the Consultant will begin work on the Project; and the term continues, subject to the termination provisions of Section 10, until the day that is six months after the day that the Consultant presents the final, detailed wdtten report ("Final Report") as described in this Agreement. The presentation date shall be no later than April 28, 2005. Section 3. Contact Person/Contract Administrator. For this Agreement, the City's contact person and contract administrator is the Director of Park and Recreation ("Director"). Section 4. Services. Consultant agrees to perform certain services, as required in the City's Request for Proposals ("RFP") and as stated in Consultant's December 3, 2004 response ("Response") to City's RFP. The RFP and the Response are attached to and incorporated in this Agreement as Exhibits "A" and "B," respectively. Coneultant shall also perform the detailed analysis necessary for completion of the Project which will include, but not be limited to, the following: (A) Provide a current overview of the golf industry, including trends in golf course play, demographics, development, ownership and management at the national, state, and local levels, with emphasis on municipal golf courses; (B) Develop a Five Year Business Plan for continued operations and management of the two City municipal golf courses; (C) Develop a Five year Maintenance Plan for each golf course; Page 2 of 10 (D) Develop a Seven to Ten Year Operations Pro Forma Plan for each golf course; (E) Provide written reports, both in draft form and final form, that detail Consultant's findings and analysis, as outlined above in this section, and its conclusions and recommendations; (F) Make an oral and power point presentation of the final written report to the City Council of the City of Corpus Chdsti ("City Council"); and (G) Complete periodic reviews of City golf operations during the first six months after presentation of the final report to the City Council. Section 5. Production of Written Reports. (A) At the conclusion of the Project, Consultant shall develop a wdtten Final Report that will contain all findings, conclusions, recommendations, supporting documentation, and which will also contain a concise executive summary. (B) Prior to the production of the Final Report, at least fifteen copies of a draft version of the Final Report will be submitted to the City for review and comment by City staff. After submission of the draft version, Consultant shall be available at the City's convenience for discussion regarding the draft version's conclusions and recommendations. (C) Within a reasonable period after the conclusion of discussions regarding the draft version, Consultant shall prepare and deliver at least 25 copies of the Final Report to City. Consultant shall orally and with power point present the Final Report at the City's convenience. The presentation shall be made by the lead Consultant assigned to the Project Section 6. Relationship. The Consultant shall perform all professional services as an independent contractor and will furnish these services in its own manner and method; and under no circumstances or conditions will an agent, representative, or employee of the Consultant be considered an employee of the City. Any agent, representative, or employee of the Consultant assigned to perform services under this Agreement shall be competent, capable, qualified, and duly licensed to perform the services, if licensure is required by the State where the specific performance is rendered. Section 7. Compensation. As full compensation for the Consultant's professional services performed hereunder, excluding expense reimbursement as defined below, the City shall pay the Consultant the fixed amount of $26,000 within ten days of completion of the Project. Section 8. Expense Reimbursement. The Consultant will be entitled to reimbursement for the following out-of-pocket expenses solely related to completion of the Project: travel, lodging, meals, telephone calls, purchase of demographic date, and Page 3 of 10 mailing expenses. Reimbursable expenses will not ex.cd $4,000 without the express wdtten permission of the City;, the permission must be obtained prior to Consultant incurring the related expense. The Consultant shall provide the City with a list of expenses, upon request, for reimbursement. Section 9. Compensation for Additional Services. If City requires any service from Consultant not covered by this Contract, Consultant agrees to try to negotiate a reasonable fee for that service. Section 10. Termination. (A) This Agreement may be terminated: (1) by either party at any time for failure of the other party to comply w~th the terms and conditions of this Agreement; (2) by either party, without cause, upon ten days pdor written notice to the non-terminating party; (3) by City in accordance with Section 14 below; or, (4) upon the mutual wdtten agreement of both parties. (B) In the event of termination, the Consultant shall stop work immediately and will only be entitled to compensation for professional services, subject to the maximums stated in Sections 7-9, up to the point of such termination. Furthermore, upon an event of termination, all finished and unfinished documents, data, studies, or reports prepared by Consultant will be delivered to the City and become the property of the City. Section 11. Insurance. (A) Before the performance required under this Agreement can begin, the Consultant shall deliver a Certificate of Insurance ("Certificate") as proof of the required insurance coverages to the City's Director of Risk Management ("Risk Manager"). (B) The Certificate will state that the Risk Manager shall be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies, required under this Agreement, by certified mail. Additionally, the City must be named as an Additional Insured under Conaultant's commercial general liability insurance for its vicarious liability arising from Consultant's provision of services hereunder. (C) The required types of insurance and coverage amounts to be maintained by Consultant dudng the term of this Agreement include: Page 4 of 10 .~ I,O00iooO (1) Commercial general liability with a combined single limit coverage of $2,000,000 per occurrence and aggregate; (2) Errors and omissions (professional liability) insurance with a minimum coverage limit of $2,000,000 per claim and aggregate. The insurance must cover Consultant's officers, directors, and employees; and, (3) Workers' compensation insurance covering all of Consultant's officers and employees who. at any time. perform work relating to this Agreement in City offices or on City owned property. (D) All insurance must be maintained with insurers that are acceptable to the Risk Manager. (E) If the insurance company, utilized by Consultant elects to use the standard ACORD form. the cancellation clause located on the bottom right of the ACORD form must be amended by adding the wording "materially changed or" between "be" and "canceled," deleting the words "endeavor to." and deleting the wording after "left." (F) Consultant must provide workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. (G) Consultant must ensure that any and all subcontractors performing services under this Agreement meet the insurance requirements of this Agreement. Section 12. Indemnification. To the extent allowed by Texas law, Consultant ("lndemnitor") will indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("lndemnitees") from and against any and all liability, damages, loss, claims, demands, suits and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including dishonest, fraudulent, or criminal acts of, or the negligence of, Indemnitor's employees, representatives, or agents, acting alone or in collusion with others including all expenses of litigation, court costs, and attorneys' fees which arise, or are claimed to arise, out of or in connection with the services provided by Indemnitor pursuant to this Agreement regardless of whether such injuries, death, or damages are caused or claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or entity. Page 5 of 10 Consultant covenants and agrees that, if City is made a party to any litigation against Consultant or in any litigation commenced by any party, other than Consultant relating to this Agreement, Consultant shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 13. Disclosure of Interest Form. A City of Corpus Christi Disclosure of Interest form ("Disclosure Form") is attached and incorporated as Exhibit C. Consultant may reproduce the form and must complete, sign, and return the Disclosure Form prior to or upon the approval of this Agreement by the City Council. Consultant shall promptly file with the City supplemental statements to the Disclosure Form if information in the Disclosure Form changes during the term of this Agreement. Section 14. Bankruptcy. If there is any proceeding in bankruptcy or insolvency, by or against Consultant, and a receiver or assignee for the benef'it of creditors is appointed (with or without Consultant's consent), then the City, at its option, may terminate this Agreement. Section 15. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond the party's control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 16. Assignment and Transfer. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by either party without the prior written consent of bol~ parties to this Agreement, except as provided in Section 14 above. Subject to the foregoing, this Agreement shall be binding upon the City and Consultant, their successors, and assigns. Section 17. Non-Discrimination. Consultant shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. Director retains the right to take any action that the United States may direct to enforce this non-discrimination covenant. Page 6 of 10 Section 18. Compliance with Laws. (A) Consultant must comply with all Federal, State, and local government laws, rules, regulations, and ordinances that may be applicable to its performance under this Agreement. (B) This Agreement is also subject to applicable provisions of the City Charter. All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. (C) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 19. Notice. (A) All notices, demands, requests, or replies ("Notice") provided for or permitted, under this Agreement by either party must be in wdting and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or ovemight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carder. Notice by fax will be deemed effective upon transmission with proof of delivery to the receiving party. Notice must only be made to the following: IF TO Cl'rY: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 IF TO CONSULTANT: National Golf Foundation Consulting, Inc. 1150 South U.S. Highway One Suite 401 Jupiter, FL 33477 (561) 744-6006 (C) Either party may change the address to which notice is sent by using a method set out above. Consultant will notify City of an address change within 30 days after the address is changed. Section 20. Amendments. No alteration, change, or modification of the terms of this Agreement or waiver of any provision will be valid unless made in writing and signed by both parties to this Agreement by a person authorized to sign agreements on behalf of each party. H:~LEG-DIR~)oyleO Cur~MYOOCS~0O3 0zi~PARK&REC 2~C.-~,lfCour ses\121904DC Revme ReformaLNa~.-~/Co~sutl. ingl(_2004 dec Page 7 of 10 Section 21. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed a waiver by said party of any of its dghts hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any later breach of the covenant or condition and will not justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Consultant requires the consent or approval of the City on one occasion, any consent or approval given on that occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Consultant's default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time, Consultant is in default of any of the conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 22. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby. (B) It is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. Therefore, if any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby; and in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 23. Entirety Clause. The parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Consultant's performance under this Page 8 of 10 Agreement. Therefore, this Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Consultant for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked. Page 9 of 10 EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of ,2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary George K. Noe, City Manager /~,O~D~LEGAL FORM 19 December 2004. Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2005, by George K. Noe, as City Manager, or City Manager's designee, as Assistant City Manager, of the C~ of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas My Commission Expires: Printed Name NATIONAL G~OLF~.?~, NDATION CONSULTING, INC. PrintedNa,..~'~,c-[~,~([ ~-~-~,~x-. Title: ~-~ ,'~ ec J~-o c Page 10 of 10 STATE OF FLORIDA COUNTY OF PALM BEACH § This instrument was acknowledged before me on ~ ~ ~.,~-~/~ _~ ,200~ by ~ ~'~,A ~.~. ~ . .5 i'~'.f- , who is an authorized representative of National Golf Foundation Cons~:~lting, Inc., a Florida corporation, on behalf of said corporation. Notary Public, State of Florida My Commission Expires: /'~ l ,~*.s J~Printed Name CITY OF CORPUS CHRISTI BI-0048-05 REQUEST FOR PROPOSALS Golf Course Management & Operations Study Park & Recreation Department November 19, 2004 Request For Proposals Golf Course Management and Operations Study PROJECT DESCRIPTION: The City of Corpus Christi is requesting proposals from recognized golf course professionals to study the management and operations of the two golf courses in Corpus Christi. Corpus Christi is located on the Texas Gulf Coast and is a prime tourist location. It boasts a population of approximately 300,000 full time residents and has a marked seasonal winter population. Moderate winters allow for year-round outdoor recreational activities including fishing, boating and golfing. To learn more about our City, log on to our website at cctexas.com. Corpus Christi currently has two municipal golf courses. The Corpus Christi Parks & Recreation Department would like to evaluate the current daily operations, management, staffing, maintenance, and develop a five year business plan. SCOPE OF ANALYSIS: 1. Provide current overview of golf industry, including trends in golf course management, operations, and maintenance. 2. Develop projections of potential income and expenses to maintain a golf course tbr a seven to ten year period to determine green and cart fees, rounds, pro shop sales, f'ood and beverages, etc. 3. Provide revisions tbr the Golf Course Management and Operations Study up to a six month period 4. Develop a five year business plan for operations and management for each course. 5 Develop a five year maintenance plan for each course. SELECTION CRITERIA: The selection of the design consultant for the Golf Course Management and Operations Study, Business Plan and Maintenance Plan will be based on the following criteria. In making this selection, emphasis will be placed on the depth of experience with conducting market studies and the ability to produce a study in a short time frame. 1. Experience of the finn to conduct management and operation studies for golf courses and other related recreational facilities. 2. Professional experience and educational background of team members. 3. Proposed approach to project. 4 Proposed project schedule. 5. "Not to exceed" study fee. 6. Client references. INFORMATION TO BE INCLUDED IN PROPOSALS: 1. Firm name, address, telephone number, and fax number. 2. Firm's qualifications, including education and experience of professionals assigned to this project. Qualifications of associate firms shall also be noted. 3. Proposed approach to this project. 4. Examples of other management and operation studies of similar scepe completed in the last five (5) years. 5. Proposed schedule. 6. "Not to exceed" fee. Proposers can submit seven (7) copies of proposals to the following location: City of Corpus Christi - Purchasing Division 1201 Deopard, 4th floor Corpus Christi, Texas 78401 The deadline for submitting proposals is December 6, 2004, at 4:30 p.m. Questions regarding the scope of services may be directed to Ms. Sally Gavlik, Park & Recreation Director, (361) 826-3464 or SallyG(w~cctexas.com. Questions regarding the RFP process may be directed to Michael Barrera, Procurement & General Services Manager, 361-8803169 or mikeb(~cctexas.com. REQUEST FOR PROPOSAL AMENDMENT CITY OF CORPUS CHRISTI PURCHASING DIVISION Request For Proposal File No. B1-0048-05 Alnendment No. 1 Date November 30, 2004 In reference to the above Request for Proposal (RFP) for a Golf Course Management & Operations Study, the following responses to questions are submitted: Under the Scope of Analysis, could you elaborate on item # 3 ? Within the six month period we may ask to have the consultant~ review the operation as they recommend and make su99estions for revisions of operations, This would be like a six month review of the operation that had been recommended. Does the "Not to Exceed" study fee include expenses? No~ expenses can be added but they must be identified with a not to exceed amount identified for expenses. Are the courses under the management of Parks and Recreation, another City Department or a third party source? Courses are under the direction of the Parks and Recreation Dept. "ALL OTHER ITEMS AND CONDITIONS TO REMAIN UNCHANGED" Buyer: Michael Barrera, C.P.M. Procurement & General Services Manager ACKNOWLEDGED BY: FIRM NAME AUTHORIZED SIGNATURE DATE One copy must be returned to the Purchasing Division prior to proposal due date or with your sealed proposal. CONSULTING December 3, 2004 Tel: (361) 826-3464 City of Corpus Chdsti Purchasing Division 1201 Leopard, 4m Floor Corpus Christi, TX 78401 Proposal ~r204076 Re: Response to City of Corpus Christi RFP~ B1-004.8-06 Thank you for the opportunity to submit this proposal to review the management and operations of the City's two golf courses (Gabe Lozano Sr. Golf Center and Oso Beach MunicJpal Golf Course), and to develop a five-year business and maintenance plan for each facility. Having worked for the City as a golf consultant in 2002, we bdng a groat deal of enthusiasm to the project and a working knowledge of these two City golf facilities and the seasonal/tourist market wfthin which they operate. National Golf Foundation Consulting, Inc. (NGF Consulting) has reviewed the City of Corpus Christi's Request for Proposal (RFP) and is prepared to comply with all provisions therein, and to assist the City in this effort. We have made note ot the key issues that are unique to Corpus Chdsti and the City's desire for the selected consultant to continue follow-up services for six months after the final report is made to the City. We understand that the City's golf facilities have been struggling to meet fiscal objectives. This situation has become very common with municipal golf systems nationwide, and NGF Consulting has been retained many times over the last few years to assist these municipalities in improving their bottom lines. The City of Corpus Chdsti requires professional censultJng assistance in the preparation of a Business Improvement Plan beginning in 2005. It is expected that this plan will result in greater operational efficiency and larger pro,ts for the Golf Enterprise Fund. NGF Consulting is confident that we can help the City achieve this objective, and we present the attached proposal for services. NGF Consulting will bring to this project recent experience in helping municipalities optimize their golf facil~ operations in light of market realities and increasing costs. We are the recognized industry leader in all facets of golf facility consulting and boast an extensive client list of municipalities, including many in the last two years. Because NGF Consulting does not solicit business for the design, financing, construction, of operalJon of golf courses, w~ offer our clients the highest level of objectivity in all consulting assignments. We thank you for the opportunity to submit this proposal. Please call me directly if there are any questions or if we can be of ~rther assistance. Sincerely, NA3~IAL GOU= FOIJtlDATIC~ CONSUL11N~, INC. A Subs~ary m' the N ationaJ C-,cE F~Jnda~ 1150 SOUTH U S HIGHWAY ONE, SUITE 401, JUPITER, FL 33~77 · (5~1) 744~00~ · FAX~ (561) 744-9~q~5 · www. ngf;org Proposal to Prepare a Golf Course Management and Operations Study for the City of Corpus Christi, TX- Submitted to: City of Corpus Christi Purchasing Division 1201 Leopard, 4~ Floor Corpus Christi, TX 76401 Submitted By: CONSULTING Nal~onal Golf Foundation Consulting, Inc. 1150 South U.S. Highway One, Suite 401 Jupiter, FL 33477 (561) 7~,~, 5006 December 3, 2004 Table of Contents NGF CONSULTING QUALIFICATIONS .................................................................................... 3 Firm Information ................................................................................................................ 3 Principal Officer ................................................................................................................ 3 Background and Qualifications ......... : .................................................................... ; ........ 3 National Golf Foundation ............................................................................................... 3 NGF Consulting .............................................................................................................. 4 Proposed Project Teem .................................................................................................... 5 Richard B. Singer, Director of Consulting Services ......................................................... 5 Edward Getherall, Senior Project Director - NGF Consulting ......................................... 7 Ashley Best, Facility Services/CLASP Manager- NGF Consulting ................................ 8 Richard L. Norton, Senior Associated Consultant ........................................................... 8 Forrest Richardson &Assoc. / Golf Course Architects .................................................. 1 1 Fletcher & Rowley Consulting - Advertising, Media Placement, Communications .......... 13 W~lliam B. Fletcher, Jr., CEO ...................................................................................... 13 John Rowtey, President ................................................................................................. 13 REFERENCES ......................................................................................................................... 15 SCOPE OF SERVICES ............................................................................................................ 20 Task One: Provide Current Overview ol: Golf Industry .................................................. 20 Task Two: Develop Five-Year Business Plan ................................................................. 20 Review of Operations/Management ............................................................................. 21 Review of Physical Plant ............................................................................................. 21 Competitive Market Analysis ......................................................................................... 22 Task Three: Develop Five-year Maintenance Plan For Each Course ............................ 23 Task Four: Develop Seven-to-Ten Year Operations Pro Forma .................................... 23 Conceptual Estimate of Costs for Improvements ....................................................23 Use Projections and Revenue & Expense Estimates ..................................................... 23 Task Five: Slx-Month Revision Period for Study ........................................................... 24 STUDY COST AND DELIVERY DATE SUMMARY ..................................................................26 Fees and Expenses .......................................................................................................... 26 Acceptance ....................................................................................................................... 25 NGF Consulting Qualifications FIRM INFORMATION National Golf Foundation Consulting, Inc. 1150 South U.S. Highway One, Suite 401 Jupiter, FL 33477 Tel: (561) 744-6006 Fax: (561) 744-9085 (Incorporated in State of Delaware) PRINCIPAL OFFICER Joseph F. Berlitz, PhD, is President of the National Golf Foundation and National Golf Foundation Consulting, Inc. All consulting work is conducted under the direction of Richard B. Singer, Director of Consulting Services at the National Golf Foundation. Other staff members will work as part of the study team in providing professional Insight, gathering additional data, applying participation models, conducting financial analyses, and reviewing the written report. Resumes of key professional staff appear on the following pages. BACKGROUND AND QUALIFICATIONS National Golf Foundation Founded in 1936 as an industry service organization, the National Golf Foundation (NGF) is a non-profit organi:,ation dedicated to providing information and insights on the business of golf. The NGF has been assisting municipalities and private devetoper~owners with golf course planning, development, and operational needs as well as industry research for golf businesses for mere than 60 years. All research and consulting projects are conducted out of our offices in Jupiter, Flodda, by our staff of 25 professionals. The Foundation's work today is supported by a membership base of nearly 6,000 members representing every facet of the industry: private and public golf facilities; golf course architects; developers and builders; companies offering specialized services to the golf industry; national, regional, state, and local golf associations; taachem, coaches, and instructors; and individuals. The 35-member board of governors includes the chief executives of the PGA TOUR, PGA of America, American SociebJ of Golf Course Architects, Golf Course Builders Association of America, National Club Association, Club Managers Association of Amedca, National Golf Course Owners Association, and International Association of Golf Administrators. The National Golf Foundation has long been recognized as the U.S. golf industry's primary source for goff market research. The National Golf Foundation's multifaceted research database has set an untouchable standard in the goff industry, ~ an entire department devoted to daily data collection through telephone interviews and surveys. NGF research data is frequently quoted by other consulting firms, and utilized by these firms to analyze the viability of golf markets. The National Golf Foundation's annual surveys are designed to ascertain goffing habits and trends of golfers, golf facilities and goff manufacturers nationwide. From this research, the NGF publishes upwards of 60 research documents that provide dependable information on the Nal~al Go~f FoundaOo~ Coesu~ng, Inc. - Proposal #204075 - Co~)us Chd~, TX - 3 number, nature, and habits of golfers in each state, as well as golf facility operational issues, Golf travel issues, alternative golf facility operations, and an annual director,/of golf. Our mo~t important "flagship" research includes several publications that are widely quoted in national and international press and are used by numerous other golf-oriented consultJng and information firms. The key "flagship" NGF publications include: · Golf Participation in the U.S. - 2004 · Goff Facilities in the U.S. - 2004 · Development and Operation Manual: How to Plan Build and Operate a Successful Goff Range - 2003 · Marketing Your Golf Course - 2003 · Women Welcome Here! A Guide to Growing Women's Golf- 2003 · The NGF Goff Business Almanac- 2003 · The Spending Report: Sizing the Golf Consumer Marketplace- 2003 · · U.S. GoffTravel Market- 2003 · Careers in Goff: An Insider's Guide to Careers in the Golf Industry- 2001 · A Strategic Perspective on the Future of Goff- 1999 NGF Consulting Naticmal Golf Foundation Consulting, Inc. (NGF Consulting) is a subsidiary of the National Golf Foundation that provides assistance to clients regarding the feasibility of potential development projects and the efficiency/prof'itability of existing golf facilities. This specialized consulting group hasbeen providing advisory services to golf tacilifies for more than 15 years and has become the recngniTed leader in new golf facility feasibility studies and existing facility operational reviews. NGF Consulting's industry contacts are extensive, through both NGF members and consulting assignments. Our clients are I~rom all parts of the world, and as a result of this intemational posture, we have singularly examined more golf markets than any other golf-consulting firm in the wodd. In any consulting assignment, NGF Consulting brings together a team of experts whose efforts are exclusively devoted to the business ol~ golf course development and operations. Our goal is to fully understand the needs of our clients, to thoroughly examine the goff market (with staff members personally visiting the area), and to analyze that market's ability to support a successful goff course. The unique goff demand estimation practice developed by NGF Consulting in the late 1980s was the first to incorporate age and income modeling to create market specific goff participation and frequency estimates based on the demegraphic profile of any given subject population. In the late 1990s, this modeling technique was updated to include other key factors relating to golf participation such as availability o[ local golf supply, seasonality in selected markets, pdce point segmentation (premium, mid-fee, value) and other household specific variables. While our demand modeling capabilities are unmatched in the industry, it is our hands-on presence in the local market of our projects that truly allows NGF Consulting to make the most accurate projections of future golf activity and generate reality-based market and facility financial projections. NGF Consulting pddes itself on the level to which we involve local communities in our consulting engagements and refrain from producing statistical-based reports without hands- on local input. Nath3nal Golf Foundal~on Consulting, Inc. - Proposal ~r20,4075 - Corpus Chdsii, TX - 4 Since the National Golf Foundation is not involved in the design, construction, or operation of golf facilities, our staff will not hesitate to advise clients against proceeding with a golf project or to identify operational deficiencies that affect the performance of an existing facility. Since 1987, NGF Consulting has conducted more than 900 assignments throughout the United States, plus Europe, Asia, the Caribbean, and South America, covedng a broad spectrum of services. This experience is the cornerstone of NGF Consulting, from which all our clients benefit. PROPOSED PROJECT TEAM Richard B. Singer, Director of Consulting Services Richard B. Singer has been the Director of Consulting Services for the National Golf Foundation (NGF) since 1997, and now has a total of 15 years of golf facility consulting experience. Mr. Singer first joined the NGF consulting staff in 1989 as a project analyst after completing his Finance MBA at the University of Flodda. Mr. Singer.has successfully managed the NGF's welt- known golf consulting practice with an industry-respected Back record of success and a reputation for delivering projects on time and on budget. Experience Mr. Singer's background includes hands-on experience in the following functional areas: ~ Facility Feasibility Analysis -FinanCml Analy~s -Golf Business Valuation -Golf Operations Consulting -Business Plan Preparation -Go~f Market Analysis -Account Management -Budgeting/Planning - Staffing/HR -Real Estate Master Planning -PuMic Presentations - Proposal Wri'dng -Expert Witness -Due Diligence -Credit Evaluation National Golf Foundation Consulting Experience Dudng his tenure with NGF Consulting, Mr. Singer has bccn responsible for preparing over 200 research studies for specific projects including: public and private sector feasibility studies for golf fadlity development and expansion; due diligence studies for golf facility acquisition and/or refinancing; public sector Request For Proposal preparation; pdvate club membership development plans; and public and pdvata sector golf facility operational reviews. In his 13 years es a golf consultant, Mr. Singer has visited and/or profiled more than 2,000 public and private golf facility operations in the United States and intemationally. Mr. Singer also has extensive experience as an expert witness in matters related to golf facility operation, and he has demonsb'ated considerable poise while under public attack in defense of highly controversial local projects. Golf Facility DevelopmentJAcqulsl~lon ConsulUng - In his 14 years with NGF consulting, Richard Singer has become one ol~ the most experienced golf facility development consultants available today. His extensive experience includes market and financial feasibility analysis, funding/implementation strategies, golf master plan development, and golf facility business plan preparation. In the 1999-2002 pedod, Mr. Singer has completed several consulting engagements involving the conversion of "sensitive" sites into golf tacili§es (i.e. landfills). Golf Facility Operations Consulting - Mr. Singer's golf facility operations consulting assignments have included golf course inspections, operational/accounting audits, clubhouse National Golf Foundation Consurdng, Inc. - Proposal #204075 - Corpus Christi, TX - 5 design/needs assessments, RFP preparation assistance, golf marketing strategies, green fee/member pdcing, and business plan preparation. Mr. Singer has also provided litigation assistance to golf facilities in the form of expert testimony including some 'hit by golf ball' litigation and concessionaire agreements. Alternative Golf Facility Consulting - Mr. Singer's consulting services for altemative golf facilities have included both new development and operational reviews for driving ranges, putting courses, miniature golf courses, golf leaming centers, executive/par-3 courses, and various combinations with other facilities. He co-authored the NGF publication How to Plan, Build and Operate a Successful Golf Range. Regional Market and Economic Impact Analyses - During his tenure with NGF Consulting Mr. Singer has completed several statewide or regional goff market and economic impact studies. These studies typically involve preparing estimates of goff supply and demand in large geographies, as w~ll as estimating the hard dollar impact of golf I~acilifies on a local economy. Key Accounts Managed (1999-2004) Representative public sector clients in 1999-2004 include: City of Wasco, California (Adjacent land use analysis); City of Reno, NV (new development); City of West Palm Beach, Florida (golf facility business improvement plan); City of San Antonio, Texas (six-facility golf operations review); Town of Groton, Connecticut (golf I~acility business improvement plan); City of Warwick, Ri (acquisition); City of Greeley, Colorado (two-course golf facility business improvement plan); the City of Monroe, NC (Operations review). These public sector projects include extensive participation in public meetings and a full defense of all project work. Representative prlvats sector golf development clients In 1999-2004 include: U.S. Home Corporation; Trump Intemational; Greg Norman Golf Course Design Company; Del Webb Corporation; Senior Tour Players, Inc.; First Boston Mortgage Company; PaineWebber, Incorporated; Howard Hughes Corporation; Strategic Hotel Capital; National Fairways, Inc.; Meridian Venture Partners; General Motors Corp.; Watermark Communities Inc.; GATX Capital Golf Group; Developer Resource Group; Whitley Development Group, Inc.; Palmer Investments; Marriott Golf Management; Transit America, Inc.; Coral Creek Partners; Smokerise Golf & Country Club; Viera East Golf Club; Loudoun Golf & Country Club; Orix USA; Rotunda Golf, Florida; Thometree Country Club; US Naval Academy Golf Club; and Mahogany Run GC (St. Thomas, USVI). Representative alternative facility clients In 1999-20<M include: Greens of Las Vegas, Inc.; Golden Bear International; Palm Beach County, Florida; County of Ft. Lauderdale, FL; Development Consulting Co. (three ranges in CA & FL); Brevard Golf Ddving Range (Melbourne, FL); and Collier Golf Enterprises (Orlando, FL). Representative regional market and economic impact clients in 1998-2004 include: Bonita Bay Properties; Go/f 20/20- Raleigh-Durham MSA Study; Reliance National Insurance Company; GATX Capital Golf Group; C. Cabot Incorporated; Gunster, Yoakley, Valdes-Fauli & Stewart, P.A.; Public Finance Consultants Inc.; and Morgan Stanley - Dean Witter. International Experience Mr. Singer's professional resume includes golf facility consulting on proj _ects located in the countries of Sweden, Korea, Egypt, Anguilla (BWI), St. Marten, Brazil, Bahamas, and Chile. Nath3nal Golf Foundation Consulting, Inc. - Proposal #204075 - Corpus Chdsl~, TX - 6 Background/Education Mr. Singer is a long-time resident of Palm Beach County, Florida and grew up around the North Palm Beach Counby Club. He earned his Bachelor's degree in marketing and Insurance from the University of Flodda in 1985, and worked as a financial consultant for Northwestern Mutual Life arid Baird Securities before earning an MBA in Finance from the University of Flodda in 1989. Edward Getherall, Senior Project Director - NGF Consulting Ed Getherall joined the NGF Consulting staff as Pr(Yject Analyst in 2000 after several years of sub-cont~actJng consulting se~ices to the NGF. Mr. Getherall, who was promoted to Senior Project Director in 2001, has been instrumental in coordinating NGF Consuifing's golf I:acitity databases since 1997, with a particular focus on key goOf course revenue center activity and fee research. Since joining NGF Consulting, Mr. Getherall has become a respected industry authority on issues pertaining to clubhouse operations, including the issue facing every facility at one time or another - whether to renovate or replace an aging or obsolete clubhouse. NGF Consulting Projects Experience Mr. Getherall's extensive business arid marketing background has enhanced NGF Consurdng's ability to provide marketing expertise to the facility segment of the golf industry. Since joining NGF Consulting, Mr. Getherall has been respons~le for processing golf facility data for use in all of our market, financial, and operational consulting projects. Additionally, in the two years since joining NGF's Consulting division, Ed has been the lead project director for more than thirty consulting assignments, covering a broad range of services, including public and pdvate golf course feasibility studies, operational audits, golf-related real estate absorption analyses, and clubhouse renovation/replacement studies. Mr. Getheralrs recent clients include: Village of Wellington, FL; City of Miramar, FL; First National Bank of Montgomery, AL; The Trump Organization; Textron Financial Corporation; Hoffman Properties, Ltd.; Oaldree Capital Management; Town of Wallingford, CT; City of Concord, NC; City of Solon~ OH; Fortune Bay Resort & Casino; General Motors Corporation; Front Royel Country Club; H.C.D.A.; Bonita Bay Properties; Rose Hill Associates; Conley- Manning LLC; Scituate Highlands, LLC; Watermark Communities, Inc.; Coral Ridge C.C.; American Goffers, Inc.; the Vauderine Group; Shudeen Management; Arthur Anderson, LLP; Prestwick Plantation, LLC; City ol: West Palm Beach, Flodda; City of Henderson, Nevada; City OO~ Glendale, Arizona; The Wodd Golf Foundation; Palm Beach County, Florida; Callaway & Price; Loving & Campos Architects; City of Concord, CA; City of Gilbert, AZ; City of Reno, NV; City of Lake Havasu, AZ; City of Tempe, AZ; Town of Kershaw, SC; City of San Antonio, TX; the Mohegan Sun Tdbe; Poxabegue Golf Course; Lely Development Corporation; Partyka Resource Management; Tdangle Equities; Town of Farmington, CT; River Bluff Resort, LLC; the City of Naples, FL; Palmer Investments, Inc.; Golf Trust, Inc.; Dominion Realty Advisors, Beazer East, Inc.; Kealakehe Ahupua'a 2020; Jonathan's Landing POA; and, Pocoy Consulting. Background/Education Prior to joining the NGF, Mr. Getherall held several positions in the business community including extensive marketing work for such organizations as South Florida Blood Banks, Inc., the Florida Lottery arid the Amedcan Cancer Society. His areas of expense cover a broad spectrum of marketing activity, including research, product management, special event planning and consulting. National Goli' Foundat~:~ Consulting, Inc. - Proposal #204075 - Corpus Chris§, T'X - 7 Mr. Getherall earned his M.B.A from the Univemity of Flodda in 1989, with a concentration in finance. Ed also achieved his undergraduate degree at Florida, with a B.S. in Business Administration (Marketing) in 1986. W'~h a diversified educational and professional background in both marketing and finance, Mr. Getherall has the experience and knowledge to assist in all aspects o1: gott I:acility management, marketing, operations and development. Ashley Best, Facility ServlceslCLASP Manager - NGF Consulting Ashley Best joined ~e National Gott Foundation Membership Services department as an Account Manager in March 2003, where she managed more than 500 accounts inciuding facilities and golf management companies. In July 2003, Ms. Best was promoted to her current position with NGF Consulting. Her primary area of focus is on golf consumer research at facititJes nationwide to grow rounds and revenues. She is also involved in various business development initiatives such as the new~y-created Marketing and Media Services division of the NGF. Ms. Best is also an instructor at the National Institute of Gott Management. NGF Consulting Projects Experience Ms. Best's extensive sales and marketing background has enhanced NGF Consulfing's ability to provide marketing expertise to the facility segment of the golf indusby. Since joining NGF Consulting, Ms. Best oversees the more than 425 facilities that are CLASP clients. She is responsible for ensuring the success of their customer feedback programs to assist clients in setting benchmarks, improving operations and creating marketing plans Ms. Best's current clients include: Arnold Palmer Gott; Western Golf Properties; Honours Golf';, Premier Gott Management; the U.S. Marines; Timber Ridge Golf Club; S/eding Hills Gott Club; American Golf Corporation; Meadowbrook Golf Management; KemperSports; Evergreen Alliance Gol[; the U.S. Army; Mardott Golf; Hamilton County Park District; Salt Lake City Gott Division; Prince William County Park Authority; and Incline Village Parks and Recreation. Background/Education Pdor to joining the NGF, Ms. Best worked for several organizations in sales and marketing, including worldwide research company, FIND/SVP Inc. in New York City. Ms. Best is very active in the community, chairing fundraising committees for the Junior League of the Palm Beaches. Her areas of expertise cover a broad spectrum of marketing activity, special event planning, merchandising and public relations. MS. Best earned her Bachelor's of Science degree from the University of Flodda in 1990 In Public Relations. Pdor to that, she studied vocal music at the University of Colorado in Boulder tor [wo years. Richard L. Norton, Senior Associated Consultant Richard L. Norton, President ol~ Norton Consulting, Inc. and Senior Associated Consultant with the National Golf Foundation, is an expert at conducting real estate and leisure land use analyses. Highlights from his 21 years ot consulting and industry experience are summarized below. Nalional Goli~ Founda§on Consulting, Inc - Proposal #204075 - Co~us ChdslJ, TX - 8 Consulting Experience Mr. Norton has 21 years of experience in providing development and operational consulting to a variety of clients in both the public and pdvate sectors. Mr. Norton directed the National Golf Foundation's (NGF') consulting practice in the 1990s. Prior to joining the NGF in 1990, Mr. Norton w-as a manager and partner in the international consulting firm of Economics Research Associates, specializing in real estate and commercial recreation development and operations consulting. Economic Impact of Golf Mr. Norton has conducted studies of the economic impact of the golf industry on local, regional, and national economies. In additional to a national study produced for the NGF, Mr. Norton has conducted economic impact studies for the State of Pennsylvania, Massachusetts Golf Association, Southern California Golf Association, the Arizona Golf Association and the Arizona Department of Commerce, and the Minnesota Golf Association. Real Estate and Land Use Analysis Mr. Norton's real estate and land use analysis experience includes a broad range of residential, office, industrial, and retail consulting. He has conducted market and financial analyses for several large-scale master planned developments, nearly all of which included goE as a major component. He has completed imdepth studies in nearly all states of the United States and several foreign countries concerning the strategic development of large tracts of land. Mr. Norton made spedfic recommendations concerning product types, market targets, pdcing, amenities, and absorption period. Several of the studies have served to provide support for preparation of Environmental Impact and Development of Regional Impact reports. Mr. Norton has been actively involved in evaluating the potential of primary and second home oriented goff communities. Mr. Norton has been involved in assessing market petential covedng the spectrum of retail development including regional mails, community retail development, neighborhood centers, and specialty retail/restaurant developments. Past consulting assignments have been conducted at several locations in Flodda, Georgia, North and South Carolina, Texas, Utah, Nevada, California, Spain, Argentina, Venezuela, Costa Rica and several Caribbean islands. Resort Development Consulting Mr. Norton has been involved in evaluating the development potential of several major resort and second home projects located in Mexico, Chile, Spain, Costa Rica, France, Argentina, Venezuela, throughout the Caribbean, Arizona, Florida, Utah, California, South Carolina, Texas, Colorado, and Montana. These were large-scale projects requiring comprehensive market and financial analyses. For each project, applicable recommendations were mede concerning hotel, condominium, home-site, town center development, and recreation components such as golf, tennis, skiing, and marinas. Hotel and Conference Center Feasibility Studies Mr. Norton has been involved in evaluating the development potential of specific hotel and executive conference center locations and concepts for many developers and operators that have included such properties as Four Seasons, Rosewood Hotels and Resorts, Foresthills Hotels and Resorts, Holiday Inns International, Sheraton Corporation (now Starwoed Hotel and Ns§offal Goll= Foundation Co~sulfing, Inc. - Proposal ~r204075 - Corpus ChrislJ, 'IX - 9 Resorts), and the Mardott Corporation. Representative site locations have included Flodda, Adzona, California, South Carolina, Utah, Spain, Argentina, Mexico, Costa Rica and several islands in the Caribbean. Mr. Norton has typically provided occupancy and financial projections and space programming upon which to base investment decisions. Commercial Recreation Consulting Mr. Norton's extensive commercial recreation consulting experience includes market and financial feasibility studies of family recreation centers, aquatic parks, and theme parks. Mr. Norton typically evaluated the proposed attraction's concept and made attendance and cash flow projections. Tourism Development Analysis Mr. Norton has extensive experience in developing toudsm strategy and deve~oprnent plans. For a native Eskimo corporation of northwest Alaska, Mr. Norton provided many workable recommendations to increase tourism, visitation, expenditures, and toudsm related employment opportunities for local people. For the Tourism Company of Puerto Rico, Mr. Norton participated in a comprehensive market analysis that resulted in development recommendations to accommodate specific tourism market segments. For vadous clients in Hawaii, Mr. Norton's analysis of visitor trends provided strategic alfemafives for developing commercial, entertainment, and specialized recreation developments on the islands of Oahu, Maul, Hawaii, and Kauai. Golf Industry Experience Mr. Norton's goff industry experience includes development consulting (feasibility studies), golf consumer research studies, operating studies of goff facilities and goff related publications development. Mr. Norton has an active working relationship with the Goff Course Superintendents Association of America, the USGA Green Section, the Natonal Golf Course Owners Association, the PGA of Amedca, the Club Managers Association of Amedca, the National Club Association and various state/regional golf associations. Golf Course Development Feasibility and Operations Studies Mr. Norton's golf course and golf club consulting assignments have included strategic positioning analysis, markeblinancial feasibility studies, funding/implementation sa'ategies, membemhip development plans, and operational audits. Mr. Norton has conducted golf range and teaming center consulting for variety of public and private sector clients. Golf Industry Research and Publications Development Under Mr. Norton's direction, the NGF has produced many research reports and publications including: A Strategic Perspective on the Future of Golf(produced in association with McKinsey & Company); Golf Participation in the US; The Power of the Junior Golf Market; Golf Facilities in the US; Golf Travel in the US; How to Finance a Golf Course; The Economic Impact of Golf on the Local, Regional, and National Economies; Opera§one and Financial Performance Profiles Reports for 18 hole Regulation Golf Facilities - Daily Fee, Municipal, and Private editions for both 18-hole and 9-hole regulation length golf courses; several golf consumer publications, selected titles include: Golf Consumer Spending, Golf Consumer Potential, and Golfer Segmentation and Positioning Strategies for the 90's. National Gott~ Foundation Consurdng, Inc. - Proposal #204075 - COqDUS Chdsli, 'IX - 10 International Experience Mr. Norton's professional resume includes extensive consulting experience in foreign countries including Spain, France, England, Argentina, Brazil, Chile, Venezuela, Costa Rica, Dutch Antilles, Jamaica, St. Marten, Bahamas, and Mexico. Mr. Norton speaks Spanish fluently and is particularly well suited for project work in Latin America. Education and Work History Norton Consulting, Inc. National Golf Foundation (NGF) National Golf Foundation (NGF) Economics Research Associates Economics Research Associates Brigham Young University Economics Research Associates B~ham Young University President; 1999 to present Associated Consultant; 1999 to present VP & General Manager; Jupiter, FL; 1990 - 1999 VP & Manager; Ft. Lauderdale, FL; 1982-1990 Associate; San Francisco, CA; 1980- 1982 MBA; 1980 Intemship;1978 and 1979; SanFrancisco, CA BA Economics; Magna Cum Laude, 1978 Professional and Public Service · Member, Urban Land Institute; RecreatJon Development Council · Allied Associations of Golf - Environment Committee · Member, Toudsm & Travel Research Association Forrest Richardson & Assoc. I Golf Course Architects Introduction to the Firm Format Richardson & Assoc. was established in 1988. The firm wes created to fon~alize the working relationship of golf course architects Forrest Richardson and Arthur Jack Snyder who worked in collaboration pdor to the formation of the practice. In early 2000, CBS Golf Commentator and Iongtime intemafional tour player, Peter Oosterhuis, formed an alliance with the architects to consult on design projects and assist in the marketing of finished facilities. The firm provides golf course architectural services, including feasibility studies, land planning for golf course projects, complete golf coume design services, remodeling studies and observation of construction dudng golf course building. The principals have extensive experience with golf courses throughout the Southwest and in add climates. Their designs are focused toward o'eal~ng enjoyable courses with sound water conservation and efficient operational budgets. Both architects have been involved with numerous projects on native desert sites; and have designed courses and observed construction for government agencies. By design, the firm is not large. Forrest Richardson & Assoc. has focused its work on projects in the Southwest, Mexico and Hawaii and does not aspire to become a firm too big or too preoccupied with quantity. Dudng his more than forty yearn designing golf courses, Jack Snyder has built a reputation for a 'hands-on" approach and one in which particular experts are brought in to address specific issues. National ~ Foundati(m Consulting, Inc. - Proposal #204075 - Co~us Chdsfl, TX- 11 This approach is even more important in recent years as the complexities involved in planning, permitting and addressing issues invoMng golf course feasibility and building have increased. In many instances the necessary expertise is not possible to acquire at any one particular firm -- nor would it be advisable. In much the same way that medical experts collaborate, the firm now builds tailored teams that work togetl~er to answer questions and assist in solving issues on a customized basis. Forrest Richardson, ASGCA, Golf Course Architect Forrest Richardson studied golf course architecture as part of an independent study program of the ALSG at the University of Dundee in Dundee, Scotland. It was across the United Kingdom that he gained an appreciation for the tradi§ons and uniqueness of the game of golf. He established Forrest Richardson & Assoc. in 1988 and is the firm's current president. Mr. Richardson has worked in assocJation with goff course architect Arthur Jack Snyder since the mid 1980s. Together, they have completed new design and remodeling projects throughout the United States in California, Nevada, Arizona, New Mexico, Texas, and Hawaii. Internationally, they have worked in Mexico and Asiatic Russia, on the north shore of the Sea of Japan. Prior to forming his own firm, Mr. Richardson edited and published The Golf Course Designer, the only international journal devoted exclusively to the profession of golf course architecture. The journal was published under Mr. Richardson's direction from 1974 through 1979. The consultancy provides golf course architectural services, including land planning for golf course projects, complete golf course design services, remodeling studies and construction observation dudng golf course building. The principals lirmly believe in the value of detailed plans as part of the process building new golf courses. While it is possible to merely direct the work of construction personnel without the benefit of formal plans, the firm has developed a practice where detailed grading plans are combined with on-site inspection and interpretation to produce the best possible results for their clients. They attract qualified golf course shapers and graders who understand how to translate plans to the physical environment, yielding golf courses projects that are built to specifications -- as well as expectations. Mr. Richardson has extensive knowledge of working in add climates, designing for water conservation, and limited turf fecilitJes. Among his many innovative concepts have been designs for a short "Children's Course" to accompany an 18-hole regulation public golf course; integration of unique features; and the design of a "regulation" par-2 hole. Among his writings, Mr. Richardson has written "On Course", a compendium of terms used to describe golf courses. In 2000, John Wiley 8, Sons Publishing negolJated a contract for Mr. Richardson to author a book about golf course routing. The publishing date is expected to be in 2001. Professional Memberships: American Socieb/of Golf Course Architects / ASGCA National Golf Foundation (NGF) National GoE Foundation Consulting, Inc. - Proposal #204075 - Coq)us Chdsl~, 'IX - 12 Fletcher & Rowley Consulting - Advertising, Media Placement, Communications Nashville-based advertising and marketing firm Fletcher & Rowtey Consulting Inc. has formed a partnership with the National Golf Foundation to form NGF Marketing and Media Services. NGF Marketing and Media services develops markelJng and advertising campaigns for multJ-course operators, resorts, and individual golf courses. Fletcher & Rowley specializes in: · Conceptualization, writing, directing and producing television and radio commercials · Conceptualization, wrifing, directing and producing television programs, long form fundraising films and biographical films · Targeted media placement · Theme and message development · Catagodcal media budgets and paid media plans · Media relations · Cdsis management Recant Sports Marketing Clients The Govemors Club, Brentwood, Tennessee - TV and Direct Mail Marketing Bear Trace, 5 courses in Tennessee - TV and Direct Mail Marketing William B. Fletcher, Jr., CEO Photographer, musician, writer, reporter, editor, producer, director ... Bill Fletcher has spent his life in the pursuit of creative excellence. He started writing for newspapers at the age of 14 and was a top reporter covering Tennessee politics for a major daily newspaper at 22. Since 1984, "Fletch" has produced compelling commercials and cutting edge s~'ategies for political campaigns across Amedca. Fletcher has contributed articles to Campaigns & Elections and Campaign magazines and is a featured speaker at Campaigns & Elections Magazine Campaign Training Seminars. John Rowley, President John Rowley's first work was in television production, radio production as a public affairs director, and as a news reporter. In 2000, Campaigns and Elections magazine named Rowley a "Rising Star in Politics." He has served as a media consultant on more than 150 Democratic campaigns. In addition to his writing, directing, and producing responsibilities for the firm's corporate and political clients, Rowley handles media relations, crisis communication, and speech writing. Na~]cmal Golf Founda~n Consulting, Inc.- Proposal #204075 - Corpus Christi, TX - 13 Partial list of clients: · Sallie Mae/USA Group ( Las Vegas ) · U.S. Department of Defense · HCA (Corporate HR subcontractor, Nashville) · RevelalJon America/Western Union/MasterCard/Debit Card ( Memphis ) · Trammel Crow Company (Nashville) · Tennessee Association of Mental Health Centers · Henry Ford Village ( Detroit ) · Charlestow~ RelJrement Village ( Baltimore ) · Hobe Sound Development ( ~ Raton, FL ) · Cumberland University ( Lebanon, TN ) · Tennessee State Employees AssocJa§on · Tennessee County Services Association · Wisconsin Education Association Council · Eric Hamilton Bend (Curb Records, Nashville ) · BeneRt Funding Exchange ( Atlanta ) · Oak'tree Capital Management ( Los Angeles and New York ) · Bellevue Center Mall ( Nashville ) · North Carolina Cen[er for Voter Educalion · Mt. Olive Pickle Company ( Mt. Olive, NC ) · AJton Steel, Incorporated ( Alton , IL ) · Na'donal Guard Association of Tennessee · Public Sal=ety and Justice Campaign ( U.S., Canada and United Kingdom National Go~f Foundation Consulting, Inc. - Proposal #204075 - Coq)us Christi, TX - 14 References Following are summaries of similar operational studies conducted by NGF Consulting in recent years. MUNICIPAL GOLF OPERATIONS San Antonio, TX Municipal Opera~onal Review & Recommendations The City of San Antonio retained NGF Consulting to conduct a detailed review of the management and operation ol' its seven municipal ge~f courses. This evaluaflo~ involved sev~'al ~,~ks of [acJlity observatJons, interviews with stall, geifer surveys, and opinion surveys fi.om the San Antonio public at large. The NGF Consulting team o/~served a good municipal golf system In place in Sar~ Antonio with a variety of geif offes'ings that are generally well perceived in the local community. The City's golf courses are an integral part of the parks and recreation p~ngram, and the golf program Is one of the few City- provided recreational amenil~es Ihat has ffaditionally earned enough revenue io sustain its ow~ operations, In recent y~ars, Ihere has been a clear reduction in the level of revenue earned by the City's seven facilities. In preparing this re~cort for the City o1' San Antonio, NGF Consulting made specific recommendations that, if implemented, w~uld help bring the Cit,/s golf openatJon bac~ to a level of pro~ability. This objective would be accomplished while staying ~ to the operation's mIssion of providing affordable golf [o San Antonio residents, many of whom cannot afford to join private country dubs or regularly play private-fee courses. The NGF Consulting repod included recommendations I~or improving the overall City of San Antonio municipal golf operation. However, NGF's recommendations were focused more on Ihe Cit,/s live "in- tow~" golf facilities (Riverside, San Pedro, Olmos Basin, BracJ(enridge Park and Wiliow Springs). It was recommended that the City strongly co~sider turning over operations of the two outlying courses (Cedar Creek and Mission Del Lago) to a pdvate management company in exchange for lease or professional fees to the City. Client: George Logan Director of Golf Operations Clt~ of San Antonio 2315 Avenue B San Antonio, TX 78215 (210) 288-6091 123O27 National Golf Foundation Consuffdng, Inc. - Proposal #204075 - Coq3us Chdsfi, TX - 15 SHENNECOSSE'I-F GOLF CLUB Groton, CT Municipal Operational Review In February 2004, the Tow~ of Groton retained NGF Consurdng to assist in evaluating rite operations and management of the Town's golf course for the purpose of maximizing the economic petentlal of Ibis go~f facilib/. Shennecoseelt is a histonc goff facility that is very important in the overall defining charact~ of the Tow~ of Groton, and the facility has been experiencing a decline in Its economic performance. The Town is concerned that a continued shortfall m revenue may lead to significant changes in the way Shennecosselt is operated and/or limit the acceesibilit¥ to the facility the public now enjoys. The results of this ope~stJons and managome~t review will be used to assist Tow~ officials in determining the appropriate course for fl'~ future of this operation. NGF Consulting found Ihat Town ol~ Groto~'s municipal goff operation Is fuffilting its mlssio~ to provide affordable golf to the cittzens of soufl~east Connecticut. The golf operation generates revenues that have b'adifionally been sufficient to cover all costs associated with the goff operation, but in recent years the revenues have fallen for a number of reasons, some of which cannot be controlled by Ihe Tow~ and some that can be. The NGF Consulting recommendations contained in the report generally involve expanding on what the Town is presenOy doing right, but also i'ocusing on activities that can stimulate greater activity at Ihe facility and improving its overall condition. Recommendations included changes to management, maintenance, and policies, with very little change in playing fees. We also recommended that the Town of Grot(m use the generally beginner-friendly facilities at Shennecossett to become active in growing golf activity in I~e southeast Connecticut community. In July 2004, fire Town of Groton has begun a program to implement NGF ConsuJfing recommendations. Client: John Silsby Director of Parks and Recreation Town of Groton 45 Fort Hill Road Groton, CT 06340 (860) 536-5680 1240Q2 National Golf Foundal~on Consulting, Inc. - Proposal #204075 - Corpus ChdslJ, TX - 16 WEST PALM BEACH MUNICIPAL GOLF COURSE West Palm Beach, FL Municipal Operations and Market Review The City of West Palm Beach retained NGF ConsultJng to conduct a review of the operation and management of its municipal golf course. In recent years, there has been a deterioration of the condition of the West Palm Beach Munidpal Golf Course (WPBMGC) and a reduction of more than 1,000 active membem to only 375 members (end of 2003). The m'udy effort Involved visits to the golf [ecitity, staff interv~e~, golfer surveys, and collection of opinions from the gane~-al West Palm Beach public at large. As a result of this research, the NGF team of consultants found sevoral ordinance-driven problems with the operation. NGF Consulfing's recommendalJons included reslTuctudng management, upgrading/restoring the facility to its original configuration and condition, and revising oporaUonal and fee structures. Client: Dordtt M. MIIIor, CPA, CIA, CGFM Assistant City Adminislzator City of West Palm Beach 200 2r~ Sb'oet West Palm Beach, FL 33402 (561) 659-8024 x8361 123021 CITY OF MONROE, NC Monroe, NC Municipal Facility Maintenance & Operations Analysis National Go~f Foundation Consulting, Inc. was retained by the City of Monroe, NC in August of 2001 to review the operational sthJcture of ti~ Monroe CountTy Club in order to detamlloe if the City was maximizing the potentiaJ use and revenue of b'tis facility. Key areas reviewed by NGF Consulting included the local golf market, the business operation, and course maintenance Issues. NGF ConmJlfing examined the Monroe/south Charlotte resident golf market, the area's economic dimete, and the activity levels, revenues, expenses, and annual debt service for the subject Monroe Counfry Club ge~f Pacility. A complete physical inspection of the go~f coup-se was also conducted to detan'nine what, if any, deficiencies ware present. NGF Consuffing recommended changes to the golf facility, including a resth, mturtng of some player- unfriendly hazards, a change In mowing patterns, and an allowance for the grass on the greens to grow longer. NGF Consulting also recommended a change in operatJonaJ ,=liil. ude to he more aggressive In marketing and promotion, particularly with local tournaments. Client: Mr. Mike Courtney Director of Parks & Rec. City of Monroe PO Box 69 Monroe, NC 28111 (7O4) 282-4658 121027 National Golf Foundation Consulting, IrK: - Proposal #204075 - Coq3~ Christi, TX - 17 PRINCE WILLIAM COUNTY PARK AUTHORITY GOLF COURSES Manassas, VA Municipal Operational Review In 2003, NGF ConsullJng was retained to evaluate fine operational pedormance and market environment of the three Pdnce William Count'/Park Authority golf courses located in Prince Wllllam County, Virginia. The purpose of this evaluation was to examine Ihs current golf operation and make informed recommendations aa to how the future operation can better fulfill the Park Authorit~s objectives. In its examination of the [acilities, NGF Consulting found numerous areas where profitability can be improved, both through a reduction of expenses and through an improvement in performance. Recommended changes were grouped in three areas: management sti'ucture, course improvements, and marketing. NGF ConsultJng proposed Ihat the Park Authority take some corrective actions in order to achieve profitability with its golf operalJon. These actions will entail both capital Investment (around $2,000,000), an inc,'ease in operational budgets, and changes In operalions. Most imporfant among the changes are a streamlining of management and a repositioning of two of the golf courses. Client: Rick Washco Product Development Manager Prlnca William County Park Authorfty 14420 Bdstow Road Manassas, VA 20112 (703) 792-4286 123o17 CITY OF CONCORD Concord, NC Municipal Operational Audit National Golf Foundation Consulting, Inc. was retained by the City of Co~cord, NC in January of 2001 to review the current operational structure o[ the Rocky River Golf Club in order to determine if Ute City is maximizing the potential use and revenue o[ this facility Among the key areas reviewed by NGF Consulting ware the business operation, the overall pricing stnJcture, and Ihe maintenance cond~on o[ the course. NGF Consulting analyzed the City of Concord resident goff market, the area's demographic and economic profile, and ~ activity levels, revenues, expenses, and annual debt sen/ica [or ~ subject Rocky River golf facility. A complete physical insl:~ctJon of the golf course was also conducted to deten'nine if any deficiencies existed. A~ter careful evalualJon of the golf facility and market, NGF Consulting deten'nined that the difficulty of Ute golf course was cutting down drastically on repeat play, and that it should be made more playable for the b/pical munidpal golfer, while retaining challenging fealures for Iow handicap golfers. NGF Consu~ng also recommended that a variety of program elements be implemented to help stimulate greater demand for go{f. Client: Joyce AIIman Finance Director City of Concord 26 Union Street Concord, NC 28025 (704) 920-5220 121011 Natmnal G~lf Foundation Consulbng, Inc. - Proposal #204075 - Corpus Christi, TX - 18 BAYOU OAKS GOLF COURSES New Orleans. LA Municipal Operations Review In 2002, Ihe New Orleans City Park Improvement Assoctal~on (CPIA) retained NGF Consulting lo review its golf o~ceratlon and make recornmendaUons [or its future management. The scope of services involved: conducting an ove~,iew and evaluation of the four City Park go~f course fadlities and ope~'atlons, identifying any need for course improvements and/or upgrades, assisting the CPIA wibh the development of a Request for Proposals for future management and operatJo~, conducting a customer satJsfactJon survey of a representative sampling of golf course users, reviewing ~ ex~sfing co.~.~.~, and recommending a new conb'act package b'~at will best me~t CPIA's objectives. Afte~ reviewing responses to Ihe RFP, ~ CPIA extel:led its agreement with its current management company to include full operational control of Bayou Oaks. Client: Robert W. Becket Chief Executive Officer New Orleans City Park Improvement AssoclaUon I Palm Drive New Odeans, LA 70124~1608 (504) 483-9412 122003 Nal~,onal Go~f Foundation Consulting, Inc. - Proposal #204075 - Corpus Chrisli, TX - 19 Scope of Services To address the issues set forth in the City of Corpus Chdsti's RFP, NGF Consulting proposes to complete the scope of services listed below, and detailed on the following pages. Upon receiving your authorization to proceed, NGF Consulting will arrange for the consultant(s) to attend any necessary meetings and conduct the field investigation within 7 to 10 days. Dudng this time, w~ will meet with representatives and officials from the City of Corpus Christi, the Park & Recreation Department, and both the Oso Beach Municipal Golf Course and the Gabe Lozano Senior Golf Center to review the scope of work set forth in this proposal. This process will be repeated as needed throughout the project in order to discuss any necessary refinements, additJons, or deletions to the scope of work. · Task One: Provide Current Overview of Golf Industry · Task Two: Develop Five-Year Business Plan for Operations and Management · Task Three: Develop Five-Year Maintenance Plan for Each Golf Course · Task Four: Develop Seven-to-Ten Year Operations Pro Forma for Each Golf Course · Task Five: Six-Month Revision Period for Management and Operations Study TASK ONE: PROVIDE CURRENT OVERVIEW OF GOLF INDUSTRY The National Golf Foundation has long been recognized as the U.S. goif industry's primary source for golf market research. The National Golf Foundation's multifaceted research database has set an untouchable standard in the golf industry, with an entire department devoted to daily data collection through telephone interviews and surveys. NGF research data is frequently quoted by other consulting firms, and utilized by these fin'ns to analyze the viability of golf markets. The National Golf Foundation's annual surveys are designed to ascertain golfing habits and trends of golfem, golf facilities and golf manufacturers nationwide. From this research, the NGF pub4ishes upwards of 60 research documents that provide dependable information on the number, nature, and habits of golfers in each state, as well as golf facility operational, management, and maintenance issues. As the unquestioned leader in collecting national trend data for the business of golf, the National Golf Foundation is uniquely qualified to perfon'n this phase of the study process. NGF's publication, Operating & Financial Performance P~ofiles of 18-hole GoffFacilities in the U.S, will be particularly helpful in completing this task for the City. TASK 'PC/O: DEVELOP FIVE-YEAR BUSINESS PLAN In order for NGF Consulting to prepare a t-me-year business plan for continued operations and management of the two Corpus Chdsti municipal golf courses, w~ will fi~st have to review the present operating and management structure, examine the physical plant, and analyze the golf market in w'nich the courses operate to gain insight into how the operation has evolved to its Nal~onal C-oi/FoundalJon Consulting, Inc. - Proposal #204075 - Corpus Chdsfl, TX - 20 present status. The consultant(s) will meet with officials and key staff members at the subject facilities to gain insight into the operation and provide those who are being interviewed with an opportunity to express their concerns and expectations. During the site visit, we will collect from management all relevant data and documents that pertain to the golf operations. This material will include financial records, budgets, activity reports, and policies and procedures. This phase of the study will include three components: Review of Operations/Management · Management and oversight · Leases in place · ~Golf operations policies · Employee manuals/personnel policies · Organizational charts/chain of command · Financial statements · Budgebs · Service contracts · Staffing level~.~ · Customer service · ToumamentJouting policy · Marketing/advertising programs · Player development programs · Tee time reservation system procedures · Green fees/memhemhip fees · Records and reports · Golf cart usage/needs Review of Physical Plant NGF Consulting will complete a basic facility inspection of the Corpus Christi goff courses for the purpose of establishing their present condition, and we will evaluate the physical condition of each goff course in terms of playability and comparison to the pdmary competition for each facility. This inspection will include a review of: · Golf layout and playability · Standards of quality · Greens and tees · Fairways and roughs · Bunkers · Ponds · Cart paths · Driving range + practice green · Agronomic condition National Coif Foundalion Consulting, Inc - Proposal #~Z04075 - Corpus Christi, TX - 21 · Structures and equipment · Food and beverage operation · Pro shop · BanquetJmeeting rooms Competitive Market Analysis In an effort to gain a strong understanding of the overall market for goff and goff facility services, NGF Consulting will develop a market analysis. Key market factors to be examined include: the supply and demand dynamic of the competitive goff market including identification of the subject facility's primary competitors; identJftcation and discussion of planned new goff facilities; present market pricing structures and use levels; tourlsb%'isitor market, and community golf facilily needs. NGF Consulting teem in Jupiter, Florida, will analyze all date collected during the field visit, as well as the demographic profile of the Corpus Christi area and local and regional economic variables that are likely to affect the demand for goff in the area. In this phase, we will consider the population size and growth rate, median household income levels, age distribution of the residents, and economic factors that are inftuential in determining the number of both permanent and seasonal golfers within the area. NGF Consulting will review ex~sting and planned golf facilities in the market area that likely have market impact on the City golf courses. Key factors to be examined for competitive facilities include their locations, course types, annual rounds played, fee levels, number of annual members, operating hours, support services, and market placement. This allows us to ascertain the quality and quantity of the public golf course supply. NGF Consulting will determine the status (under-supplied, oversupplied, or at equilibrium) of the area market as it pertains to public golf, across different price point segments, The results of NGF Consuiting's review of operations and management, examination of physical plant, and market analysis will allow us to identify any opportunities for the City golf courses to increase market share and/or re-position themselves in this public goff marketplace, as well as identify eny deficiencies at either or beth of the subject courses that may be preventing them from optimizing profits. After this analysis, we ~11 also be able to identify the optimal price/value relationship that offers the greatest chance for success in this market. Within the context of our analysis of the subject facilities and the market in which it operates, NGF Consulting will per[orm a detailed analysis of The City's golf courses' strengths, weaknesses, opportunities, and threats. We will discuss strategies to leverage the facility's strengths, and recommend practical and realistic courses of action to correct its weaknesses, take advantage of potential opportunities, and take proactive steps to mitigate threats. All of these inputs will go into developing a five-year business plan for the City courses that will provide Corpus Chdsti with a stTategic framework for maximizing profits while preserving the golf course assets for its citizens. National C-o~f FoundalJo~ Consulting, Inc. - Proposal #204075 - Coq~us Chris~l T'X -- 22 TASK THREE: DEVELOP FIVE-YEAR MAINTENANCE PLAN FOR EACH COURSE The review of the physical plant conducted in Task Two above will be utilized to prepare a five- year maintenance plan for both City of Corpus Christi municipal golf courses. We expect to work closely with Forest Richardson and Associates in prepanng this maintenance plan that will include both standards for day-to-day maintenance and specific instnJctions on infrequent processes like aeration, over-seeding and capital improvement requirements. TASK FOUR: DEVELOP SEVEN-TO-TEN YEAR OPERATIONS PRO FORMA NGF Consulting will provide estimates of the financial impact of enacting NGF Consulting recommendations. NGF Consulting will project the activity levels at the facilities from all sources, expected revenue from all sources, and all costs associated with implementing NGF Consulting recommendations, for both of the City golf courses. We will also provide conceptual estimates of the cost of any physical or capital improvements that are recommended to bring the facilities to optimal operating condition Conceptual Estimate of Costs for Improvements Upon analyzing the subject golf facilities and the competitive market, NGF Consulting will make recommendations as to the optimal specifications of the physical components of each facility. NGF Consulting will prepare documentation o[ all costs associated wffh the improvement of the CH facilities as recommended by NGF Consulting. This analysis will address the general cost levels that would be reached in order to implement the NGF recommendations. Our documentation will include all items any items that may be needed to renovate the property as recommended. Use Projections and Revenue & Expense Esflmatss NGF Consulting will develop a seven to ten year use projection for the City facilities under the assumption that NGF Consulting recommendations are implemented. This will include estimates of all golf facility use levels such as rounds played (broken out by type), membership levels (by type and/or category), and driving range/practice facility activity. Further, the corresponding fees for each revenue center will also be estimated for the first seven to ten years of operation after recommendations are implemented. This will include projections of the each facility's operation under the assumption that all NGF recommendations are implemented, and any impact on [acility ctosure dudng the renovation (if applicable). This process will involve integrating market, facility and customer findings along with expected use and market share estimates into a seven to ten-year cash flow pro-forma for the golf operations. In consideration of market conditions and proposed facility modifications, attainable fee levels will be estimated and detailed revenue and expense estimates developed for eac~ facet of the golf operations. We will provide you with a financial pro-forma statement that will project the bottom line financial impact resulting from any changes made to the City's golf program. NGF Consulting's financial pro-formes are prepared for research purposes, and therefore will be conservative and unbiased. National Goif FoundalJon Consulting, Inc. - Proposal #204075 - Corpus Chds§, 'IX - 23 TASK FIVE: SIX-MONTH REVISION PERIOD FOR STUDY Members of the NGF Consulting team will complete periodic reviews of the Corpus Christi golf operation during the first six months after delivery of final reports to the City. This will involve review of documents, phone conferences and at least one on-site follow-up visit. The frequency of communication can be determined by the parties at t~e time of conb'act initiation, but it is NGF Consurdng's expectation to review performance data and communicate with the goff operators on a monthly basis during this follow-up pedod. National Golf Foundation Consulting, Inc. - Proposal #~204075 - Corpus Chdsti, TX - 24 Study Cost and Delivery Date Summary FEES AND EXPENSES NGF Consulting will complete the scope ol~ services identified in the Cit,/s RFP and re-stated in this proposal fo( the following professional fees. Task 1: Golf Industry Overview Task 2: Five-Yeer Business Plan for Operations and Management (2 Courses) Ta~k 3: Five-Year Maintenance Plan for Each Golf Course Task 4: Operations Pro Forma for Each Golf Course Task 5: Six-Month Follow-Up Total Profeeslonal Estimated Timeline Fees Included I Week $12,000 2-3 Weeks $5,000 1-2 Weeks $5,000 2-3 Weeks 6 Months after final $4,000 report delivery $26,000 6-9 Weeks+ Out-of-pocket expenses associated with travel (al least 2 trips lo Corpus Christi), postage, telephone, purchase ol~ demographic data, and mailing expenses are not included in the professional fees shovm above. Reimbursable expenses will not exceed $4,000 without the client's permission. The total not-to-excMKI price, Including expenses, will be $30,000 Including all direct project expenses. ACCEPTANCE A purchase order or Corpus Christi, Texas contract will be used as the engagement agreement. We appreciate your interest in the National Goff Foundation and its consulting services. Our goal is to serve our clients and the industry, and to promote the development of successful golf projects. We look I~orward to working with the City again on this most important project. Naboeal Go~f FoundaUon Consurdng, Inc. - Proposal #204075 - Co~us Chdsti, TX - 25 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a purchase of twelve (12) traffic signal video processor systems from Paradigm Traffic Systems, Fort Worth, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $110,940. Funds have been budgeted by the Street Department in FY 04/05. Purpose: The traffic signal video processors are used by the Street Department to monitor and control traffic signals at signalized intersections Basis of Award: The award is based on the State of Texas Cooperative Purchasing Program Catalog Information System Vendor. Funding: Street Department 520130-1020-12310 $110,940 Mich Procurement & General Services Manager BID INVITATION NO. BI-0047-05 TRAFFIC SIGNAL VIDEO PROCESSORS BUYER: GABRIEL MALDONADO DATE: January 3, 2005 ITEM DESCRIPTION QTY UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION PARADIGM TRAFFIC SYSTEMS FT. WORTH, TEXAS UNIT PRICE TOTAL PRICE 2020 Video Processor Systems in accordance w~th Spe~ficat~on No. 835V-4 Package to Include Econolite 2020 Video Processor wFFS2 Mini Hub Camera Interface Panel w/surge suppression, BAN Monitor, User Manual and one (1) Laptop Computer 12 Pkg $9,245.00 $110,940.00 TOTAL AWARDS $110,940.00 5 CITY COUNCIL AGENDA MEMORANDUM January 1~, 2005 AGENDA ITEM: Ordinance appropriating a $5,000.00 donation from the CITGO Refining and Petroleum, L.P. in the Local Emergency Planning Comtnittee (LEPC) Current Budget Fund No. 6060, Activity 21700, to fund the production of a new "Shelter in Place" video; and declaring an emergency. ISSUE: The CITGO Refining Company has donated $5,000.00 to the City of Corpus Christi/Nueces County Local Emergency Planning Committee. This donation is part of a Consent Agreement between CITGO and the EPA. According to the agreement, the money is to be utilized to produce a new "Shelter in Place" video. The current "Shelter in Place" video is outdated. The video will educate the general public on the appropriate action it needs to take in case of a hazardous chemical emergency RECOMMENDATION: Staff recommends approving the ordinance to appropriate $5000.00 from the Consent Agreement between CITGO Refining and the Environmental Protection Agency into LEPC Fund 6060 Activity 21700 for the production of a new "Shelter in Place" video. ADDITIONAL SUPPORT MATERIAL Ordinance X Award Letter X P.O. Box 9176 1802 Nueces Bay Blvd. Corpus Chdsii, Texas 78469-0321 CITGO Refining and Chemicals Company L. P. corpus Christi Refinery PH - 361 844-4000 FAX - 361 844-5108 July 9, 2004 City of Corpus Christi and Nueces County LEPC 2406 Leopard Suite 300 Coq~us Christi, TX 78408 Attn: Rick Ramos CERTBC[ED LETTER 7002 2410 0005 0859 1714 Dear Mr. Ramos. Enclosed, please find check/46000074947 in the amount of $5,000.00. The payment is part of a Consent Agreement between CITGO and the EPA. As we have discussed, the money is to be utilized to produce a new "Shelter in Place" video. Please keep all receipts and supply me with a copy of'them and the video when complete. I£you have any questions, please feel free to give me a call at (361)844-5325. Sincerely, Mike Sides Manager o['Environmental Affairs 31 858 2 ORDER OF CITY OF CORPUS CHRISTI PUBLIC U~ILITIES PO BOX 9097 CORPUS CHRISTI TX 78469 DATE 07/06/2004 A~IOUATT $********'5,000_00- Il' &OOOO? I, q I~ ?"' THE ORIGINAL DOCUMENT HAS AWHITE REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO SEE THE MARK WHEN CHECKING THE ENDORSEMENTS PLEASE TEAR ABOVE ARRO~ FOE THE ACCOUNT OF CITGO REFINING & CHE~IICALS CO LP PAYEE 1010045 CHECK DATE 07/06/2004 CHECK ~P3MBER 6000074947 AN ORDINANCE APPROPRIATING A $5,000.00 DONATION FROM CITGO REFINING AND PETROLEUM, L.P. IN THE LOCAL EMERGENCY PLANNING COMMI'n'EE (LEPC) CURRENT BUDGET, FUND NO. 6060, ACTIVITY' 21700, TO FUND THE PRODUCTION OF A NEW "SHELTER IN PLACE" VIDEO; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $5,000.00 donation from CITGO Refining and Chemicals, L.P. is appropriated in the LEPC current budget, Fund No. 6060, Activity 21700, to fund the production of a new uShelter in Place~ video. SECTION 2. That upon wntten 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 18~h day of January, 2005. A3-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 2005 Samuel L. Neal, Jr. Mayor By: Joseph/~ame~ ~ ~t'' Assistant Ck'y Attorney For City Attorney O~:l-A,opro-Cit-EPA 2 Corpus Christi, Texas __day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 6 AGENDA MEMORANDUM City Council Action Date: January 18, 2005 AGENDA ITEM: Item A: A resolution amending resolution #025889, which authorized the city manager or his designee to accept a Title XX grant from the Texas Department of State Health Services (DSHS) for family health and family planning services in the amount of $291,750, to revise the amount of the grant to $20,000. Item B: An ordinance amending ordinance ~:)25890, which appropriated a grant in the amount of $291,750 from the Texas Department of State Health Services (DSHS) in the No. 1066 health grant fund for family health and family planning services, to revise the amount of the appropriation to $20,000; and declaring an emergency. ISSUE: The Health District is in receipt of Attachment ~O4A to Contract #7460005741A- 2005 Change No. 5, with the Department of State Health Services (DSHS). The contract provides the Health District with $20,000 in financial assistance for maternal, child health, and family planning services. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: City Council approved the appropriation of grant funding in the amount of $291,750 on August 17, 2004. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for continuation of public health services. nnette Rodriguez,"M.P.H. Assistant Director of Public Health BACKGROUND INFORMATION This item is an annual renewal of a grant that has been provided to the Health Distdct from the DSHS for many years. The purpose of this funding is to assist indigent residents to achieve family planning goals, to improve their health status, to reduce the number of unintended pregnancies and to positively affect the outcome of future pregnancies. This service will provides assistance to approximately 173 clients per year. DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS DS I IS Document No, 7460005741 A2005 COUNTY OF TRAVIS Contract Change Notice No. 05 The Department of State Health Services. hereinafter referred Io as RECEIVING AGENCY. did heretofi~re enter into a contract in writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH D1STR[CT (CITY) hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows: SUMMARY OF TRANSACTION: ATF NO 04A CHS TITLE XX Revised Contract Total: 20,000.00 Revised Number to be Served/Units of Service: 143 All terms and conditions not hereby amended remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SttOWN. CORPUS CHRISTI (CITY OF) Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behaltof: PERFORMING AGENCY: CORPUS CHRIST1-NUECE. S COUNTY PUBLIC HEALTH DISTRICT (CITY) By: (Signature of person authorized to sign) (Name and Title) Date: RECOMMENDED: By: (PERYORMING AGENCY Direclor. if difl~rent from person authorized to sign contract) RECEIVING AGENCY: DEPARTMENT OF STATE HEALTH SERVICES By: (Signature of person authorized to sign) Bob Burnette, Director Procurement and Contractin~ Services Division (Name and Title) Date: CC PCSD - Rev 6/04 Cover Page 1 DETAILS OF ATTACHMENTS Atff DStt'S Program ID/ Term Amd DSHS Purchase No. Order Number Begin SEAFOOD 01 09/01104 C038580000 CHS/FEE 02 A 09101/04 C038877000 ACFHIFEE-FP 03A 09/01/04 CH§/ITLXX 04A 09/01/04 DSHS Document No.7460005741A2005 ~_~_~e.N~:.°s . _ Financial Assistance Direct Total Amount Assistance (DSHS Share) End Source of Amount Funds* 08/31/05 State 22,500.00 0.00 22,500.00 08/31/05 State 93.994 162,305.00 0.00 162,305.00 08/31/05 State 93.994 306,274.C~ 0.00 306,274.00 08/31/05 93.667 20,000.00 0.00 20,000.00 Totals $511,079.00 $ 0.00 $511,079.00 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATI'ACHMENT FOR DETAILS. Cover Page 2 A RESOLUTION AMENDING RESOLUTION ~025889, WHICH AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A TITLE XX GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR FAMILY HEALTH AND FAMILY PLANNING SERVICES IN THE AMOUNT OF $291,750, TO REVISE THE AMOUNT OF THE GRANT TO $20,O00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Resolution ~:)25889, which was passed on August 17, 2004, and which authorized the City Manager or his designee to accept a Title XX grant from the Texas Department of State Health Services for Family Health and Family Planning Services in the amount of $291,750, is revised to reflect a corrected grant in the amount of $20,000 due to an adjustment made by the State. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: January 12, 2005 for the City Attorney H:%EG-DIR~elizabeth~Dep/Files~EH Resolutions~EHres150.doc Corpus Christi, Texas ,2005 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~_EGq31R~hzabeth'~ept Files~EH Resolutions~EHres150 doc AN ORDINANCE AMENDING ORDINANCE #025890, WHICH APPROPRIATED A GRANT IN THE AMOUNT OF $291,750 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANT FUND FOR FAMILY HEALTH AND FAMILY PLANNING SERVICES, TO REVISE THE AMOUNT OF THE APPROPRIATION TO $20,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance #025890, which was passed on August 17, 2004, and which appropriated a grant in the amount of $291,750 from the Texas Depadment of State Health Services in the No. 1066 Health Grant Fund, is amended to reflect a revised appropriation in the amount of $20,000 due to an adjustment made by the State in the grant amount. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: January 12, 2005 Elizab/~ Hundl~ Assi~nt City Attorney for the City Attomey "--/ H:~LEC-DIR~,lizabeih~Dept Files~EH Ordinances~EHordl62 doc Corpus Chdsti, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~.EG-OlR~e~za~[h~)~p[ Files~EH Ordinances~F_Ho~dl62 ~oc 7 AGENDA MEMORANDUM DATE: January 18, 2005 SUBJECT: J.C. Elliott Landfill - Engineering Services Sector 11 Liner Improvements (Project #5175) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner, Moseley and Associates, Inc. in an amount not to exceed $107,000 for the J. C. Elliott Landfill Sector 11 Liner Improvements. ISSUE: Each disposal area within the J. C. Elliott Landfill consists of a disposal cell/sector with liners, monitoring requirements, and leachate and gas collection systems. Design of the next disposal cell, identified as Sector 11, needs to proceed at this time to assure the cell will be ready when required. RECOMMENDATION: Approval of the motions as presented. or of Solid Waste Services scobar, P.E. Director of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H:~J-IO M E~EVI NS tGE N~LAN DFILL~S ECTORg~AE-AWD M ADDITIONAL INFORMATION BACKGROUND: The J. C. Elliott Landfill consists of a series of disposal areas that are developed as needed. Landfills have evolved from simple disposal sites with limited improvement into engineered systems providing a high level of environmental protection. Each disposal area within the J. C. Elliott Landfill consists of a disposal cell/sector with liners, monitoring requirements, leachate collection systems, and gas collection systems. The currently-used disposal areas (Sectors 9 and 10) will need to have a replacement area available pdor to reaching their full capacity. Sector 9 is nearing its capacity. Sector 10 is projected to have capacity to operate through January 2007. Design and construction of the next disposal cell, identified as Sector 11, need to proceed at this time to assure that the constructed cell will be ready when required. PRIOR COUNCIL ACTION: Approval of the FY2004 Capital Budget, Ordinance No. 024647. FUTURE COUNCIL ACTION: Award of a contract for: · geotechnical services; · construction materials testing and laboratory testing services and TCEQ required liner/cover reports; and · construction of Sector 11. CONSULTANT SELECTION: The firm of Shiner, Moseley and Associates, Inc. (SMA) is the lead project engineer for the J. C Elliot Landfill. This firm is thoroughly familiar with the permit and cell/sector requirements and is the most knowledgeable local firm regarding current conditions at J. C. Elliott Landfill. They will be able to proceed expeditiously due to their familiarity with the Landfill and the TCEQ Elliott Landfill operating permit. CONTRACT SUMMARIES: The contract summary is attached. See Exhibit B. FUNDING: Funding is available from Sanitary Landfill CIP Fund. EXHIBIT "A" Page I of 1 CONTRACT SUMMARY SCOPE OF SERVICES A. Basic Services 1. Design Phase. The Engineer will: a. attend and participate in project start and planning meeting (2 meetings) with City Staff to discuss planning, design; construction sequencing, and connections to the existing facilities, and incorporate these issues into the construction plans. b. prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable); c. prepare final quantities and opinions of probable costs and probable construction schedule; d. furnish one (1) copy of 60% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with opinions of probable construction costs. e furnish complete construction and bid documents including specifications for City staff review and approval. g. provide Quality Assurance/Quality Control (QA/QC) measures; h. provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. i. assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed; j. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; and, k. provide a Storm Water Pollution Prevention Plan. Bid Phase. The A/E will: a. participate in the pre-bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. Exhibit B Page I of 3 H:~HOME~.EVINS\GEN~-ANOFILL~Sector 1 I~AE-Av~SumE.xhB doc Construction Phase. The NE will perform contract administration to include the following: a. participate in pre-construction meeting; b. review for general conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's pdce and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; and h. review construction "red-line" drawings, prepare record drawings of the Project (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. B. Additional Services (ALLOWANCE) The NE will, with written authorization by the Director of Engineering Services, do the following: Topographic Survey. Provide field surveys, as required for design and construction verification including the necessary control points, and coordinates and elevations of points required by TCEQ for the various layers installed in the Sector construction. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities Construction Observation Services. Provide Project Observation services including day-to-day detailed coordination with the City's staff and testing laboratory. Observation services include up to 1 person for 3 hours per day, six days per week for a construction period of 13 weeks. Also included is up to 2 hours per week for 13 weeks of the project manager's time. Exhibit B Page 2 of 3 H:'~HOM E'~EVINSV~ EFALAN DF[LL~S eclo r 11 tAE-AwdSumExhB .doc 2. SCHEDULE PROPOSED PROJECTSCHEDULE DAY Wednesday Monday Friday Friday Friday Monday (2) Wednesday Wednesday Monday Weekday 3. FEES Summary of Fees DATE February 8,2005 March 1B, 2005 Apd115,2005 Apd129,2005 May 9 and May 16,2005 May 18,2005 June 11 2005 July 11,2005 O~oberl0,2005 ACTIVITY Begin Preliminary Phase Begin Design Phase 60% Submittal City Review (30 days/4 weeks) Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion Fee for Basic Services 1. Design Phase 31,700 2. Bid Phase 4,500 3. Construction Phase 14,600 Subtotal Basic Services Fees 50,800 Fee for Additional Services (Allowance) 1. Topographic QC/QA Survey (AUTHORIZED) 1.1 Design Topographic Survey 3,000 1.2Survey Sector 11 Construction QA/QC 28,500 Subtotal Survey 31,500 2. Construction Observation Services 24,700 Sub-Total Additional Services Fees Authorized 56,200 Total Authorized Fee $107,000 Exhibit B Page 3 of 3 H:'~IO M E~KEVIN S\G E N'~LAN DFI LL~S eot o r 1 l~AE-AwdSumExhB dcc J.C. ELLIOTT ~'" 6~1 LANDFILL · F.M. 43 LOCATION I~f~P N.T.S. [CLOSED SECTION OF LANDF1LLi~ S~CTO~ 1! ~ UMITS ~.J.C. CURRENT LANDF1LL P~u~ s~ AREA SECTORS ACCESS ROAD T SITE NmS. EXHIBIT ELLIOTT LANDFILL SECTOR 11 LINER IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01-18-2005 8 CITY COUNCIL AGENDA MEMORANDUM January 18, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Utility Easement instruments with the Estate of Rodgers Francis Estes and the Estate of Delma Lorraine Estes, for the acquisition of Parcels 431,432, and 433 in the total amount of $61,200, each containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4a, Project ff-8425, and for other municipal purposes. ISSUE: Acquisition of forty-two (42) utility easements for the Southside Water Transmission Main, Phases 4 and 4a are now complete with the acquisition of the subject parcels 431,432, and 433. Both phases will extend the water main from the South Staples Pumping Plant northeasterly to Holly Road as shown on Exhibit C. Construction is set to begin this month as well. Negotiations for the last three easements concluded with an administrative settlement payment in the amount of $61,200. The settlement involved 620 linear feet of utility and construction easement with damages to several trees. Contracts and easements involving an amount over $25,000 require City Council approval. FUNDING: Water CIP 550701-4475-00000-180188 RECOMMENDATION: Approval of the motion as presented. ~)/-Z~ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Route Map Exhibit D. Parcel Location Map H:~HOME~USEBIOG\GEN~nda Ibsms~SS Waier Trans.Ph4a. Esl~s~genda Mem~-andum.doc BACKGROUNDINFORMATION SUBJECT: Southside Water Transmission Main, Phase 4a Acquisition of Parcels 431,432, &433 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2. authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels acquired by condemnation in Phase 5. OVERVIEW: Project Back~round: The Council-approved 1997 Water Distfibution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced dudng peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the pdmary supply source for the Staples Street Pumping Plant. Phases 1 through 3 of the waterline have been constructed. Utility easements have now been acquired for Phases 4 and 4a. These two current phases, as shown on Exhibit C, will extend the transmission main from the Staples Street Pumping Plant to Holly Road. Phase 5, which is now under design, will extend the water transmission line from the Yorktown Blvd. & Rodd Field Rd. intersection eastward to the Laguna Madre. Easement acquisition for this phase has begun with an anticipated completion in July 2005. Parcel Description: These three parcels are composed of a utility easement and a temporary construction easement all fronting along Rodd Field Road as shown on the attached Exhibit D. The utility easement portion is twenty-five (25) feet wide with the temporary construction easement being fifty (50) feet wide. Both are parallel to each other and extend a total length of approximately 620 feet long. The subject property is zoned F- R "Farm Rural" and lies within the city limits of Corpus Chdsti. Thomas F. Dorsey, MAI, appraised the easements in the total amount of $44,250 based on $2.00 per square foot. Damages were included for loss and removal of a total of twelve (12) mature trees. Parcel Neglotiations: Right of Way Services, the City's acquisition agent, initially presented a formal offer to the landowners for the City's appraised value. The landowners countered with a higher value of $76,000 based on increased damages to the remainder due to the placement of the easement and the loss of their trees. The landowner's tree EXHIBIT A 1 of 2 appraisal, fumished by a local nursery, valued the trees much higher than the City's appraiser. As a compromise offer, the City offered an administrative settlement in lieu of condemnation in the amount of $61,200, which the landowner accepted. The construction of this waterline will soon begin and it is in the best interest of the City to settle at this amount and avoid any delays. Since this is an easement acquisition, no title company services are required. H:~HOME~EUSEBIOG\GENV~enda ltenzs~SS Water Trans.Ph4a.~tes~iackgro~Jnd.doc EXHIBIT A 2 0£2 PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 4a Acquisition of Parcels 431,432 & 433 10. 11. 12. 13. 14. 15. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O_N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract I - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, EXHIBIT B 1 of 3 Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. Apdl 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution fl~324014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) 26. December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 27. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Gamey Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019) 28. November 11,2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, EXHIBIT B 2 of 3 Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Chdsti or its agents in acquiring said easements. (Resolution No. 025547 29. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No. M2004-125) 30. Apdl 13, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (fl8425), and for other municipal purposes. (Motion No. 2004-141) 31. May 16, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (fl8425), and for other municipal purposes. (Motion No. 2004-183) 32. June 15, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Frank T. Shumate, Jr., for Parcel 402B, in the total amount of $30,000, necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other municipal purposes (Motion No. 2004-217) 33. Au(~ust 24, 2004 - Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldddge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-321) 34. October 12, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total amount of $35,000, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-378) 35. December 21, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P. aka COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes_ (Motion No. 2004-464) H:'~-IOMEUSEBIOG\GEN~a Ilems~.SS Water Trans.Ph4a. Estas~Wio~ Co~ndl Action.doc EXHIBIT B 3 of 3 \Ml:~o~ct\C.~u~ ncilE~h \~outhiran~94- I,dw~ ~Z U Z EXHIBIT C F~le : \Mproject\councilexhibits\exh8425.dwg I PARCEL 433 N PARCEL 431 CITY PROJECT NO 8425 LOCATION NOT TO SCALE SOUTHSIDE WA TER TRANSMISSION MAIN PHASE 4A- PARCELS 431, 432, 433 CITY OF CORPUS CHRi577. TEXAS EXHIBIT "O" CT_Ty COUNCIL EXHT_BT_T DEPARTMENT Of: EHGINED~Ih~ SERVICES PAGE: 1 of 1 DATE: 01--11--2005 9 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: January 18, 2005 AGENDA ITEM: Resolution recognizing the public necessity of acquiring drainage and utility easements for the Downtown Drainage Improvement Project, Phase 1 (#2036), for drainage and utility purposes in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the easements. ISSUE: The Downtown Drainage Improvement Project, Phases I and II, will improve the drainage capacity of the City's drainage facilities. On December 14, 2004, City Council awarded a construction contract to Ramos Industries, Inc. for Phase I, Phase A. In order to construct the Phase I facilities, two separate easements will be required. Land Acquisition staff has commenced negotiations for the acquisition of the easements. Due to the cdtical time frame, a resolution is needed at this time in the event negotiations reach an impasse and eminent domain proceedings are required. FUNDING: No funding is required at this time. RECOMMENDATION: Approval of the resolution as presented. ~-'~(/-"Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Parcel Location Map Resolution H:~IOME~EUSEBIOG\GEN'~Agenda Items~Downto,.~m Drainage. Resolui~o~,,genda Memorandum doc BACKGROUND INFORMATION SUBJECT: Downtown Drainage Improvements - Phase I (#2036) Resolution for Acquisition of Parcels I & 2 PRIOR COUNCIL ACTION: 1. September 23, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering in the amount of $732,010 for Downtown Drainage Improvements Design (Motion No. M2003-348). 2. February 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004 (Ordinance No. 025647). 3. February 10, 2004 - Motion authorizing thee City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Urban Engineering in the amount of $374,813 for the Downtown Drainage Improvements Project (Motion No. M2004-043). 4. December 14, 2004- Motion authorizing the City Manager, or his designee, to award a construction contract to Ramos Industries Inc. of Pasadena, Texas, in the amount of $2,696,266.00 for the Downtown Drainage improvements, Phase 1 - Part "A" Water Street New Interceptors and Inlets. (Motion No. M2004-446) PRIOR ADMINISTRATIVE ACTION: February 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). Apdl 11,2003 - Distribution of Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). Apd117, 2003 - Addendum No. I to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, EXHIBIT A I of 2 10. Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). April 25, 2003 - Addendum No. 2 to the Letter of Notification #1 (LON) for FY 2002 -2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). Auqust 28, 2003- Approval of a small engineering contract with Urban Engineering for preliminary engineering in the amount of $24,892 for the Downtown Drainage Improvements Design Project. July 7, 2004 - Approval of a Testing Agreement with Rock Engineering 7 Testing Laboratory, Inc. in the amount of $15,000 for the Downtown Drainage Improvements Design Project. PROJECT BACKGROUND: The Downtown Drainage Improvements project was developed to alleviate the major flooding that occurs in the downtown area during times of heavy rain. Major flooding occurred in 2002, reaching approximately El. 5.8 in the Williams St. and Water St. area. Top of curb there is approximately El. 3.4. The downtown area is divided into two drainage basins, the Kinney St. Pump Station Watershed and the Power St. Pump Station Watershed. The objective in Phase 1 and Phase II of the Downtown Drainage Improvements is to reduce the water elevation in Water St. dudng a 100 Yr. flood to El. 3.6 to keep it out of any buildings. This work is being coordinated with other projects being designed and constructed in the downtown area, such as the Seawall Reconstruction Project and Major Outfalls Rehabilitation Project. Such coordination will include traffic control plans to minimize inconvenience to the traveling public and area property owners. Easement Acauisition: Two easements, as shown on Exhibit B, are needed to facilitate the construction and installation of two underground culvert boxes. The westernmost easement will consist of a fifteen foot wide Drainage Easement that transverses the comer of the U&I Restaurant parking lot located at Kinney Street and South Water Street. A temporary construction easement is also included in the acquisition. Negotiations are underway with the landowner, George V. Pipeds, for acquisition of the easements. The other easement required involves a 9.43-foot wide Utility Easement located adjacent to and just south of the City's Kinney Street Pumping Station property_ The easement is located on property owned by Bayfront Medical Plaza, LP. This easement will enable the City to install an underground discharge box to the bay directly from the new Kinney Street Pumping Station which will be constructed as Project B, Phase I. Negotiations are also underway with the landowners for this easement. In the event negotiations reach an impasse, a resolution will be needed in order to implement eminent domain proceedings. Due to the cdtical schedule of this project, a resolution is presented at this time. City staff will continue good faith negotiations as the primary means of acquisition. Acquisition of the easements will not require services of a title company. H:~HOME~EUSEBIOG\GEFAAgenda Iterp. s~o~nlow~ Drainage,Resolu~)n~Background.doc EXHIBIT A 2 of 2 \ Mproject \ le ndocqaxhibi ~s \ e xh203 6d. clwg NUECES BAY LOCATION MAP NOT PARCEL LOCATION CORPUS CHRIS'IT BAY N SHERRILL PARK lo! 7 BAYFRONT MEDICAL PLAZA L.P. CITY OF CORPUS CHRISTI STORM WATER PUMP STATION PARCEL 2 (9.,u' U.E.) CITY PROJECT # 2036 VICINITY MAP NOT TO SCALE EXHIBIT "B" DOWNTOWN DRAINAGE IMPROVEMENT PHASE 1 CITY COUNCIL EXHIBIT D~AR~/ENT OF ENGII~ 5ERVIC~ PAGE: I of 1 DATE_' 01/12/2005 RESOLUTION RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING DRAINAGE AND UTILITY EASEMENTS FOR THE DOWNTOWN DRAINAGE IMPROVEMENT PROJECT, PHASE 1 (#2036), FOR DRAINAGE AND UTILITY PURPOSES IN CONNECTION WITH THE PROJECT, AND OTHER MUNICIPAL PURPOSES; AND AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI IN ACQUIRING THE EASEMENTS. WHEREAS, the City of Corpus Christi (~City") has implemented a drainage improvement project, known as the Downtown Drainage Improvement Project, Phase 1, for drainage and utility improvements that service the City. WHEREAS, the project has entered into the acquisition phase. WHEREAS, there is a public necessity for this project and for the acquisition of property rights, consisting of drainage and utility easements in parcels of land that will be used for this project, as shown and described in Exhibit "A". WHEREAS, the City is a municipal corporation and under Texas eminent domain laws has the dght to acquire easements in the parcels of land for the drainage and utility improvement project and for other municipal purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, City Attorney, and agents of the City, are authorized to acquire, either by negotiated purchase or by condemnation proceedings under Texas law, the drainage and utility easements in the pamels of land from the owners, as shown and described in Exhibit "A", for the Downtown Drainage Improvement Project, Phase 1, for drainage and utility improvements, and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property dghts, consisting of drainage and utility easements in said parcels of land, save and except the City seeks to acquire no oil, gas, and mineral dghts. SECTION 3. That the City Manager, City Attorney and agents of the City are authorized and directed to take such action as in their judgment is necessary in connection with the filing and handling of any condemnation case for the acquisition of said easements. SECTION 4. That this resolution shall take effect immediately from and after its passage. EXHIBIT C A'I-fEST: CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to form on .J,...~ /3 ,2005 By: Joseph H~ey //J ~)- Assistant City Attorney For City Attorney RESO-17 2 day of ,2005. The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garre[t Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott EXHIBIT A DOWNTOWN DRAINAGE IMPROVEMENT PROJECT, PHASE ! PROJECT NO. 2036 LIST OF PARCEL OWNERS 01-12-04 Parcel Owner of Record 1 George V. Piperis 2 Bayfi-ont Medical Plaza, L.P. Leg.a_l. Descripfi_op Lot 4, Block 3, South Beach Addition Lot 1, Water Block 3, Central Wharf & Warehouse Company's Subdivision of the Beach Portion NCAD ID No. 8149-0003 -0020 8234-0003-0010 H:~HOME~EUSEBIOG~ENL~g~-nda ltern~Downlawn Dr'ainage. Re~olufion~EXHlBlT A.Reaolufion.doc N LOCATION MAP NOT TO SCALE PARCEL LOCATION CORPUS CHRISTI t~AY EXHIBIT a N SHERRI!._L PARK lo( j lo[ ! ~:RONT MEDICAL PLAZA L.P, CITY OF CORPUS CHRISTT. STORM EATER PUMP STATION 2 (~.,~' u.~.) CITY PROJECT # 2036 VICINITY MAP NOT TO SCALE DOWNTOWN DRAINAGE IMPROVEMENT PHASE 1 CZTY COUNCIL EXHIBIT PAGE: 1 of 1 ~'~... Ol/12/2005 10 AGENDA MEMORANDUM COUNCIL ACTION DATE: January 18, 2005 SUBJECT: Sale of Surplus Property- 0.051 Acres (2,226.6 sq. ft.) Remainder of Lot 2, Block 2, Brayton Addition AGENDA ITEM: Ordinance approving the sale of surplus property for the market value of $4,800, consisting of 2,226.6 square feet (0.051 ac.) of vacant land consisting of the remainder of Lot 2, Block 2, Brayton Addition, located at the northwest comer of Carancahua St. and Agnes St. and authorizing the City Manager or his designee to execute a Real Estate Sales Contract and Special Warranty Deed to the adjacent property owner, A.G. Edwards Development, Ltd., L.P., and declaring an emergency. ISSUE: The City purchased several residential lots for the Agnes Street Extension Project in January 1959. The project extended Agnes Street from King Street eastward to Carancahua Street. The street construction did not utilize the full width of the lots purchased and left some remaining land. This subject surplus property is an unused remainder from that project and is not needed for any future street purposes. The small and narrow tract makes it unsuitable for building and can be only used in conjunction with the adjacent property. The adjacent property owner, A.G. Edwards Development Ltd., L.P., has constructed a commercial building on their property and would like to purchase the City's tract for access and other building improvements. Council approval is required involving the sale of all surplus real property. Because of the near completion and occupation of the building, it is recommended that approval be granted on an emergency basis. FUNDING: No funding is required for this ordinance. RECOMMENDATION: Approval of the ordinance as presented. ,~,ngel R. Escobar, P. . Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Ordinance H:~-IOME'~USEBIOG\GENV~enda Items~Surplus Property Sale.Carancahua SLdocV~,genda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Sale of Surplus Property- 0.051 Acres (2,226.6 sq. ft.) Remainder of Lot 2, Block 2, Brayton Addition PRIOR COUNCIL ACTION: Auqust 27, 1996 - Ordinance authorizing the City Manager to execute a Special Warranty Deed for surplus property being the north 23 feet of the remainder of Lot 7, Block 2, Brayton Addition, to Savannah L. Robinson for $7,700 and declaring an emergency. (Ordinance No. 022667). FUTURE COUNCIL ACTION: None OVERVIEW: The City purchased several residential lots for the Agnes Street Extension Project in January 1959. After street construction, some land remained unused. This parcel is a remainder from that project. The subject surplus property is located between Carancahua and Tancahua Streets as shown on the attached Exhibit B. The adjacent landowner, A.G. Edwards Development, Ltd., L.P., has constructed a commercial building adjacent to the subject surplus property and has requested to purchase the property for access purposes and other building improvements. The tract contains 2,226.6 square feet and is considered non-buildable. It is not needed for any future street purposes or any other City uses_ Because of the small size and configuration of this property, it is considered a non-economic remnant. As permitted by the Texas Local Govemment Code, Chapter 272, Section 272.001(b), properties of this type can be sold to the adjacent landowner at fair market value without bidding requirements. A fair market value of $4,800 was determined by City staff based on commercial land values in the immediate area of $4.00 to $6.00 per square foot. The selected value of $4.32 per square foot was then discounted down 50% due to size and configuration. The discounted pdce of $2.16 was multiplied times the property area of 2,226.6 square feet resulting in the rounded value of $4,800. In 1996, the remaining property located west of and adjacent to this subject property, was sold to the adjacent property owner for $2.40 per square foot. The sale of this property is recommended in order to eliminate any maintenance and mowing responsibility by the City. The City Manager will execute a Special Warranty Deed to the buyer for the amount of $4,800. No title company services are required in this transaction. H:~HOME~EUSEBIOG\GENkAgenda Items~Surplus Property Sale.Caranc;ahua SLdoc'~ackground In[orrnalJon.doc EXHIBIT A 3Z © Z <( SUBJECT PROPERTY CORPUS CHRISTI BAY N L OCA T T_ ON MAP NOT TO SCALE LAREDO 4 AGNES s~. ~ VICINITY MAP NOT TO SCALE <( Z <( .< N EXHr_BT_T "B" SALE OF SURPLUS PROPERTY 2,226.6 + SQ. FT. OUT OF LOT 2, BLOCK 2 OF THE BP, AYTON ADDT_TION CITY OF CORPUS CHRIST?, TEXAS DEPARTMENT OF £NGtNEERING SERI, flCES PAGE: 1 of I DATE: 01-12-2005 AN ORDINANCE APPROVING THE SALE OF SURPLUS PROPERTY FOR THE MARKET VALUE OF $4,800, CONSISTING OF 2,226.6 SQUARE FEET (0.051 AC.) OF VACANT LAND, BEING THE REMAINDER OF LOT 2, BLOCK 2, BRAYTON ADDITION, LOCATED AT THE NORTHWEST CORNER OF CARANCAHUA STREET AND AGNES STREET AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A REAL ESTATE SALES CONTRACT AND SPECIAL WARRANTY DEED TO THE ADJACENT PROPERTY OWNER, A. G. EDWARDS DEVELOPMENT LTD., L.P., AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Real Estate Sales Contract and Special Warranty Deed for 2,226.6 square feet of vacant land, being the remainder of Lot 2, Block 2, Brayton Addition, located at the northwest corner of Carancahua Street and Agnes Street, to A. G. Edwards Development Ltd. L.P., for the amount of ,$4,800. 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 shall take effect upon first reading as an emergency this the 18~h day of January, 2005. AT'TEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ~J~'"'""i'/] ' 2005. By: j ose~H ar/ney,..-- Assistant City Attorney For City Attorney EXHIBIT C Corpus Christi, Texas day of ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 11 AGENDA MEMORANDUM City Council Action Date: January 18, 2005 SUBJECT: Resaca Lift Station and 48-Inch Wastewater Gravity Line CHANGE ORDER NO. 2 (Project No. 7288) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Holloman Construction in the amount of $138,290.41 for the Resaca Lift Station work at the Broadway Wastewater Treatment Plant. IS~U~[: Hydrocarbon investigation, wellpoint repairs and wall extensions to the Broadway Wastewater Treatment Plant were necessary and unavoidable on this project. The change order is necessary to comply with state and federal environmental regulations. City Council action is required to complete the project. FUNDING: Funds to finance the proposed project are available in the State Revolving Fund for wastewater improvements. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell r,~ scobar, P. E. Director of Wastewater Services 'Director of Engineering Services Additional Sui313ort Materiel: Exhibit "A' Background Information Exhibit "B" Change Order Summary Exhibit 'C" Location Map AGENDABACKGROUNDINFORMA~ON SUBJECT: ResaoaLiflStationand48-1nchWastewaterGravityUne(P~tNo. 7288) CHANGE ORDER NO. 2 PRIOR COUNCIL ACTION: 1. Au(3ust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount ol= $329,853 for engineering services associated with the Airport Ditch Ouffall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Planl/Nueces River Delta (Motion No. M1998-285). 2. May 5. 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Uft Station and Diversion to Greenwood PlantJNueces River Delta (Motion No. M2001-189). 3. October 30,2001 - Motion authorizing the City Manager, or his designee, lo execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantJNueces River Delta (Motion No. M2001-409). 4. APril 16. 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount ol= $99,112 for engineering services associated with the Airport Ditch Ouffall Improvemenbs and Broadway Plant Lift Station and Diversion to Greenwood PlantJNueces River Delta (Motion No. M2002-099). 5. JuN 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the Contract For Professional Services with Govlnd & Associates, Inc. in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project - Resaca Lift Station and 48-Inch Wastewater Gravity Une (MoUon No. M2003-239). 6. December 16. 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to ex. cd $62,338 for the 24-Inch Gravity Sewer Line along Antelope Street between Palm Street and Doss Street (Motion No. M2003-447). 7. Februan/10. 2004 - Approval of the Capital Improvement Program FY 2003-2004 (Ordinance No. 025647). 8. May 11, 2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Holloman Corporation of Co~verse, Texas, in the amount of $4,621,795 for the Resaca Lift Station and 48-Inch Wastewater Gravity Line. (Motio~ No. M2004-181) PRIOR ADMINISTRATIVE ACTION: 1. September 10, 1999 - Administrative Amendment No. 1 to an engineering services contract with Govind & Associates, Inc. for a total fee not to ex.cd $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services fo~ the Airport Ditch Outfall Improvements. Page 1 of 3 10. June 27, 2000 - Administrative Amendment No. 2 to an engineering sennces contract with Govind & Associates Inc. for a total fee not to exceed $9,480 for a total restated fee not to exceed $,343,793 to evaluate alternate pump station locations. June 19, 2001 - Administrative Amendment No. 4 to an engineering sennces contract with Govind & Associates Inc. for a total I:ee not to exceed $14,010 for a total restated fee not to exceed $400,823, to evaluate aJtemate pump station locations. Mav 22, 2002 - Administrative Amendment No. 7 to an engineering serwcee contract with Govind & Associates Inc. for a total fee not to exceed $24,650 for a totaJ restated fee not to exceed $573,145, for the Broadway Wastewater Treal~nent Plant Diversion Project. November 14, 2002 - Administrative Amendment No. 8 to an engineering sennces contract with Govind & Associates Inc. for a total fee not to exceed $18,195 for a total restated lee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. December 24, 2002 - Administrative Amendment No. 9 to an engineering services contract with Govind & Associates Inc. for a total fee not to exceed $24, 880 I:or a total restated fee not to exceed $616,220, for the Broadway Wastawater Treatment Plant Diversion project. February 6, 2003 - Administrative Amendment No. 10 to an engineering sennces contract with Govind & Associates Inc. for a total fee not to exceed $1,300 I~or a total restated fee not to exceed $6 17,520, for the Broadway Wastewater Treatment Plant Diversion project. Auqust 29. 2003 - Administrative Amendment No. 12 to an engineering serwces confract with Govind & Associates, Inc. for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. A.oril 19, 2004 - Administrative Amendment No. 14 to an engineering sen/xes contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. October 22. 2004 - Administrative approval of Change Order No. I to the construction contract with Hollornan Corporation of Converse, Texas, in the amount of $22,548.22 for the Resaca Lift Station and 48-Inch Wastewatar Gravity Une. PROJECT BACKGROUND: The Broadway Wastewater Treatment Plant Diversion Project consists of two (2) parts as I:ollows: · Part I - A new 48-inch gravity line and construction of a new lift station at Resaca Street. A 48-inch diameter line will begin at the terminus of the 36-inch line which will serve the proposed ball park and downtown area. It will continue to the new lift station at the intersection of Resaca Street and Sam Rankin Street. Part 1 is currently under construction with a scheduled completion date in late March 2005. · Part 2 {Future Project) - A new 36-inch gravity line will be constructed from the south side of IH 37, from Leopard Street to West Broadway Boulevard. Also, a new 24-inch line will be constructed along Antelope Street from PaJm Street to Doss Street. Part 2 is in the bidding process with bids currently scheduled to be opened on January 12, 2005. I EXHIBIT "&" P~ 2 o1'3 The new Resaca Street Lift Station is being constructed next to the exislJng Broadway Wastewater Treatment Plant. Dudng the intedm phase, it will have three submersible pumps and will be designed to handle a peak flow of 20 MGD. The lift station is designed for ultimate capacity of 40 MGD peak flow. It will be provided with an odor control system, dual power source to comply with TCEQ rules, and the site will be fenced and landscaped. A new 48-inch gravity line, approximately 1,300 feel in length, will be co~stnJCted between the existing headworks of the Broadway Wastewater Treatment Plant and the new lift station. This new 48-inch line will have enough capacity and depth to handle Ilows from the proposed baseball stadium and Bayfront Arena area. This lift station will ultimately serve as the main lift station for the new wastewater plant in the industrial area and will accommodate all the flow from the entire Broadway Service area. CHANGE ORDER DESCRIPTION: Change Order No. 2 consists of lite addition of three bid items to the existing contract with Holloman Corporation. No edd~ contract time will be required ~ this proposed change order. Item 67. Hvdr0carben Investi(3atlon ($58,572,04) - During the initJ'"~ setting of the wellpoint (dewatering) system for the installation of the deep 48' gravity sanitary sewer, hydrocarbons (petroleum product) were encountered. The amount for Ibis item covers the costs for the additional work required to determine the extant (area covered), concentrations (how much hydrocarbons) and neceas, my treatment/disposal measures that would be required. The results of all the addl'donal work determined that the problem was isolated to a relalJvely small area and the concentration level was Iow. Therefore, no speclaJ treatment/disposal measures wa be required. This was an unavoidable situation that can occur at any time on any project. It is more common in the older areas of the City that had commerciaFIndustrlaJ uses prior to many of the current state and IocaJ regulations for the handling/storage of hydrocarbon-containing materials. Item 68. Wellooint Reoairs {$36,005.72) - After the wellpeint system was set, an oki existing 1 O-Inch waterline broke outside the limits of the contractor's construction area. This oCCUrred dudng the period of time when the City was experiencing a multitude of waterline breaks. The result of this break was that the contrectofs construction area was partially flooded. This flooding rendered the wellpolnt system inoperative. In order to make the system operative again, it will have to be removed and replaced. This was an unavoidable situation. Item 69, Broadway Wastewater Treatment Plant Wall Extensions {$43,712,65)- As you are well aware, the Broadway Wastawater Treatment Plant is located In a IIcod- prone area. When significant flood events occur, some plant facilities are submerged. This, in turn, creates situations that put the City in viotstkm of their Texas Commission for Environment Quality (TCEQ) permit. This item will raise the height of the walls on Intermediate Clarifiers No. 1 and No. 2. This is an unavoidable cost that will decrease the risks of a TCEQ Violation. DEPARTMENT OF ENGINEERZNG SERVZCES CHANGE ORDER SUMMARY SHEET .1ANUARY 11, 2005 PRO.1ECT: Resaca Lift Station and 48" Wastewater Gravity Line PROJECT NO: 7288 APPROVED: City Council on 5/11/04, by Motion No. M2004-181 CONTRACTOR: Holloman Corporation 13730 [-10 East Converse, TX 78109 TOTAL CONTRACT AMOUNT ............................ 25% Umlt Amount ........................................ Change Order No. i (10/6/04) ....................... Change Order No. 2 (1/18/05) ....................... Total ............................................................ $4~621,795.00 1,155,448.75 22,548.22 138,290.41 160,838.63 = 3.48% < 25% EXHIBIT"B" Page 1 of 1 File : \Mproject\councilexhibits\exh7288o.dwg LOCArlO~ MAP NOT TO SCALE ~PROJECT SITE SHIP CHANNEL CITY PROJECT No. 7288 VICINITY MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRISTI BAY N COR~ CHRIS T1 BAY EXHIBIT "C' RESACA LIFT STATION AND 48-INCH WA STEWA TER GRAVITY LINE CiTY OF CORPUS CHRIST, TEXAS CITY COUNCIL EXHIBIT DEP~ENTOFE~INE~I~ ~RViC~ PAGE: I of 1 DATE' 01- ~ 1-2~5 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 18, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Specialized Maintenance Services ol= Pasadena, Texas, in the amount of $90,875 for the IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Sanitary Sewer Cleaning and Televising. ISSUE: The proposed change order will allow the City to take advantage of Iow bid prices and an experienced conlractor to complete the sanitary sewer line cleaning and televising in the Laguna Madre Service Area, where extensive cleaning and televising is necessary. FUNDING: Funding for this projecl is available in the FY 2003-2004 Wastewater Capital Improvement Program. CONCLUSION AND RECOMMENDATION: ApprovaJ of the motion is recommended to issue the change order so work may begin in this area. Director of Wastewater Services scobar, P.E. r of Engineering Services Additional Sum3ort Material: Exhibit "A" Background Information Exhibit ~B" Change Order Summary Exhibit "C" Location Map BACKGROUNDINFORMATION SUBJECT: IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Ddve) Sanitary Sewer Cleaning and Televising (Project No. 7304) CHANGE ORDER NO. 1 PRIOR COUNCIL ACTION: 1. January 27, 1998 - Award of an engineering contract in the amount of $397,587 to Goldston Engineering, Inc. for the Laguna Madre Service Area: Collection System Rehabilitation. (Motion No. M98-013) 2. October 12. 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering services contract with Goldston Engineering, Inc. in the amount of $77,708 to expand the scope of services of the Laguna Madre Service Area Collection System Rehabilitation Project to include additional services for closed circuit television inspection. (Motion No. M99-356) 3. A[:)dl 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 for Stage 2 services to the engineering contract with Goldston Engineering, Inc. in the amount of $249,575 for the Laguna Madre Service Area Collection System Rehabilitation Project. (Motion No. M2002-100) 4. February 10, 2004 - Approval of the FY 2003-2004 Capital Improvement Budget in the amount of $173,624,300. (Ordinance No. 025647) 5. July 27, 2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services of Pasadena, Texas, in the amount of $618,455 for the IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Sanitary sawer Cleaning and Televising. (Motion No. 2004-287) 6. August 17, 2004 - Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for professional services with Goldston Engineering Inc. in the amount of $473,097 for a total restated fee of $1,197,967 for the Laguna Madre Service Area Collection System Rehabilitation. (Motion No. 2004- 3O0) PRIOR ADMINISTRATIVE ACTION: 1. February 18. 1998 - Executed Geographic Information System (GIS) Data Sharing Agreement with Goldston Engineering, Inc. 2. May 5. 1999 - Executed Agreement for Consultant Services with Fugro South, Inc. in the amount of $4,627.50. 3. JuN 23. 1999 - Executed Amendment No. I to the Agreement for Consultant Sewtces with Fugro South, Inc. in the amount of $2,700 for a total re-stated fee of $7,327.50. BACKGROUND: The Laguna Madre Wastewater Treatment Plant serves the Flour Bluff area of the City. The majority of the sanitary sewers in that area are in wet conditions due to the high groundwater and the pdmadly sandy soils of F~our Bluff. In addition, many of the sanitary sewers are old and were constructed using pipe materials IEXHIBIT Page 1 of 2 I and joints that are no longer considered acceptable. Therefore, groundwater enters the pipe through joints and cracks in the pipe materials. The City Wastewater Deparlment has identified several del;icient collection system lines and manholes that require replacement or rehabilitation in the Laguna Madre Service Area. These include: 1. The six manholes on the sewer line from Waldron Road to Cline Road shall be rehabilitated or replaced. 2. There are several housing structures located on NAS-Corpus Christi near the south fence line that have been demolished. There are several sewer connections and cleanouts that remain in the area of the demolished structures Ihat contribute excessive amounts of inflow dudng rain events. The existing lines that are required to remain in service shall be rereuted as required. The existing lines that are not required shall be plugged at the fence line. Coordination will be required with the NAS. CC Public Works personnel. 3. The existing gravity line that serves the Travel Trailer Lift Station shall be rehabilitated or replaced. The existing gravity line that extends along Laguna Shores and then crosses under SPID is designed as a siphon that has been a high maintenance problem. Two alternatives will be analyzed to eliminate this maintenance problem. 5. The existing gravity line at Caribbean and Waldron has been identified as a high- maintenance problem and will be analyzed to determine how to eliminate it. CHANGE ORDER DESCRIPTION: The proposed Change Order No. 1 will allow the City to take advantage of Iow bid pdces and an experienced contractor to complete Ihe sanitary sewer line cleaning and televising in the Laguna Madre Service Area. The change order consists of the addition of six (6) quantities and 30 calender days to the contract as follows: 1. Mobilization/demobilization to the contract site - $3,200. 2. Traffic control - $4,,500. 3. Bypass pumping - $7.500. 4. Cleaning and televising 3,500 LF of the existing 1Z' sanitary sewer line (Exhibit C-2) - $26,250; Cleaning and televising 2,600 LF of the existing 8" sanitary sewer line (Exhibit C-3) - $19,500. 5. Cleaning and televising 2,100 LF of the existing 8" sanitary sewer line (Exhibit C-4) - $15,750. 6. Cleaning and televising 1,250 LF of the existing 1~ and 12" sanitary sewer line (Exhibit C-8) - $9,375. IEXHIBIT "A" J Page 2 of 2 DEPARTMENT OF ENGZNEERZNG HERVZCES CHANGE ORDER SUMMARY SHEET 3ANUARY 11, 2005 PROJECT: IH-37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Sanitary Sewer Cleaning and Televising (Project No. 7304) CHANGE ORDER NO. I APPROVED: City Council on 7/27/04 by Motion No. 2004-287 CONTRACTOR: Specialized IVlalntenance Services inc. 4533 Pasadena Blvd. Pasadena, TX 77503 TOTAL CONTRACT AMOUNT ............................ 25% Limit Amount ........................................ Change Order No. i (1/18/05) ....................... Total ............................................................ $618,455.00 154,613.75 90,875.00 90,875.00 = 14.69% < 25% EXHIBIT "B~' p~e 1or I File : \Mproject\councilexhibits\exhOOOl.dwg CZTY PROJECT No. 7304 LOCATZON MAP NOT TO SCALE EXHZBZT 'C-2" 37, SH 286 (CROSSTOWN EXPRESSWAY) AND SH 358 (PADRE ZSLAND DR£VE) SANZTARY SEWER CLEANZNG AND TELEVZS£NG CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCZL EXHZBZT ~ DEP~ENTOFE~TVCqNEERI~SERVICES PAGE: I of 4 DA~: 01-- I$--2~5 ~ ~le : \Mproject\councilexhibits\exhOOOl.dwg CITY PROJECT No. 7304 LOCATION MAP NOT TO SCALE EXHIBIT "C- 3" IH 37, SH 286 (CROSSTOWN EXPRESSWAY) AND SH 358 (PADRE ISLAND DRIVE) SANITARY SEWER CLEANING AND TELEVZSING CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERII~ SER1/ICE~ PA~E: 2 o ~ 4 DATE: 01-13-2005 hie : \Mproject\councilexhibi~s\exhOOOl.dwg CITY PROJECT No. 7304 LOCAT£ON MAP NOT TO $C~J.E EXHIBr_ T "C- 4" IH 37, SH 286 (CROSSTOWN EXPRESSWAY) AND SH 358 (PADRE ISLAND DRIVE) SANITARY SEWER CLEANING AND TELEVISING CI~ OF CORPUS CHRISP, T~ CITY COUNCIL EXHIBIT ~P~E~ ~ ENGINLr~c~I~ SE~/ICES PAGE: 3 of 4 OA~: 01-1J-2~5 File : \Mproject\councilexhibits\exhOOOt.dwg ;I CITY PROJECT No. 7304 LOOATZON MAP NOT TO SCALE EXHZBZT "0-8" IH 37, SH 286 (CROSSTOWN EXPRESSWAY) AND SH 358 (PADRE ISLAND DRIVE) SANITARY SEWERCLEANING AND TELEVISING CITY OF CORPUS CHRISTI, ~ CZTY OOUNCZL EXHZBZT ~ PAGE: 4 of 4 __----- ~: 01-15-2~5 ~ 13 AGENDA MEMORANDUM SUBJECT: DATE: January 18, 2005 ADA Street Improvements Staples Street from Leopard to Six Point. (Bond Issue 2004) AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department o[ Transportation (TxDOT) in the amount of $23,000 for construction of barrier free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Bond Issue 2004) ISSUE: An advanced funding agreement is required in order for the Texas Department of Transportation (TxDOT) to proceed with the construction contract award of this project which includes construction of ADA improvements to South Staples Street from Leopard to Six Points. The project, approved under the 2004 Bond Program, involves construction o[ barrier free ramps at selected locations to comply with the Americans with Disabilities Act (ADA). FUNDING: Funding is available in the FY '04 Street Capital Improvement Budget with proceeds to be reimbursed upon the issuance of Bonds approved in the November 2004 Bond election. RECOMMENDATION: Staff recommends approval of the motion as presented. ~(~g~l R. Escobar, P. E., 19irector of Engineering Services Additional Sul~l)ort Material: Exhibit "A" Background Information Exhibit "B" Advance Funding Agreement H:\HOME~_YNDAS\GEN\Sb-ee[s~004 Bond Issue\S-1 ADA Imp~Memo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: ADA Street Improvements Staples Street from Leopard to Six Point. (Bond Issue 2004) PRIOR COUNCIL ACTION: 1. November 10, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Chdsti for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022). 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024478). 3. Auqust 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Goveming Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. {Resolution 024555). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: 1. Additional increases in escrow funds may be necessary as project proceeds to completion. On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Del Mar College and Nueces County and coincided with the Presidential Election. IEXHIBIT"A" I Page 1 of 3 The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue)in Street Improvements, Public Health and Safety Projects, Public Facility Improvements, Parks and Recreation/Museum Improvements and the Bayfront Master Plan Project. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: This program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP) FY 2006-2008 and The selected street sections include, in order of pdodty: DOWNTOWN STREETS: o Shoreline: o Water Street: o Chaparral: o Mesquite: o Lower Broadway: Hirsch to Buford Hirsch to Buford Hirsch to Buford Lower Broadway to Brewster John Saratain to Brewster ARTERIALS: o Staples Street: o Staples Street: o Staples Street: o Staples Street: o Ayers Street: o Gollihar Road: O Leopard to Six Points Six Points to Louisiana Louisiana Parkway to Gollihar Road Williams to Saratoga Boulevard Santa Fe Street to Horne Road Kostoryz to Everhart Road Morgan Boulevard: Ocean Drive to Baldwin Port Avenue: Agnes Street to Ayers Street COLLECTORS: o Carroll Lane: o Tiger Lane: o Highland: Staples Street to Tiger Lane Carroll Lane to Everhart Road Baldwin to 19 Street This Advance Funding Agreement will provide for the construction of improvements to Staples Street from Leopard to Six Points. ADVANCED FUNDING AGREEMENT DESCRIPTION: Under this Advanced Funding Agreement TxDOT will: · be responsible [or securing the federal share of funding; · approval all contract letting and award procedures pdor to letting and award of the construction contract; · approval of all change orders necessary to complete the project. IEXHIBIT"A" 1 Page 2 of 3 Under this Advanced Funding Agreement, the City will: · provide engineering services for the development of plans, specifications and cost estimates; · provide the right-of-way acquisition, including required maps and property descriptions; · be responsible for all costs associated with the necessary adjustment of any and all utilities and services; · be responsible for mitigation and remediation of any environmental problems; · compliance with Texas Accessibility Standards and ADA as stated in the Master Agreement, without exception; · provide the City's share of project costs; · be responsible for all contract letting and award procedures; · be responsible for all change orders necessary to complete the project; · accept responsibility for maintenance upon completion of project; and · be responsible for maintenance dudng construction · supervise and inspect all work performed by the construction contractor; and; · provide final inspection and a Notification of Completion, acknowledging project completion. FUNDING: Funding is available in the Street Department Capital Improvement Budget. EXHIBIT 'A' I Page 3 of 3 CS J: 0916-35-129 Project Name: Staples Street Funding Category: STP-MM STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTA~ON PROJECT ADVANCE FUNDING AGREEMENT ForStaplesStreetProject (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108410 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set fodh, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as construction of ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. AFA - LPAFA OffSys Revised 8/1/03 CS J: 0916-35-129 Project Name: Staples Street Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9_ Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the Local Government. a) The Local Government shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b) All contract letting and award procedures must be approved by the State pdor to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. c) All contract change order review and approval procedures must be approved by the State prior to stad of construction. d) Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e) For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. AFA - LPAFA OIlSys Revised 8/1/03 CS J: 0916-35-129 Project Name: Staples Street d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment C as the local contribution for its funding share for the Project. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Not applicable. f. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in wdting. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. g. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsofl~ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. AFA - LPAFA OffSys Revised 8/1/03 CS J: 0916-35-129 Project Name: Staples Street THELOCALGOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Depadment of Transpodation Date: AFA - LPAFA OJfSys Revised 8/1/03 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA CS J: 0916-35-129 Project Name: Staples Street AFA - LPAFA OffSys Revised 8/1/03 ATFACHMENT B PROJECT LOCATION MAP CS J: 0916-35-129 Project Name: Staples Street AFA - LPAFA OffSys Revised 8/1/03 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (I'XDO'r) IN THE AMOUNT OF $23,000 FOR CONSTRUCTION OF BARRIER FREE ADA ACCESSIBIUTY RAMPS AT MULTIPLE LOCATIONS ON STAPLES STREET FROM LEOPARD TO SIX POINTS. (BOND ISSUE 2004) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or his Designee, is authorized to execute an Advanced Funding Agreement with the Texas Department Of Transportation (TxDot) in the amount of $23,000 for construction of barder free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Bond Issue 2004). A'I-rEST: THE CITY OF CORPUS CHRISTI An'nando Chapa City Secretary APPROVED: January /.~, ~ssistant City Attomey ! For City Attorney ,2005. Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2005 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 14 SUBJECT: AGENDA MEMORANDUM F.M. 624 (U.S. 77 to F.M. 1889) (Bond Issue 2000) DATE: January 18, 2005 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $80,181.49 for construction a traffic signal and other miscellaneous items on F.M. 624 from U.S. 77 to F.M. 1889). (Bond Issue 2000) ISSUE: An advanced funding agreement is required in order for the Texas Department of Transportation (TxDOT) to proceed with the construction contract award of this project which includes the installation of a traffic signal at River Hill Road and Maintenance and utilities of the proposed landscaped area included in this project. FUNDING: Funding is available in the FY '04 Street Capital Improvement Budget. RECOMMENDATION: Staff recommends approval o[ the motion as presented. Additional Support Material: Exhibit '%" Background Information Exhibit"B" Advance Funding Agreement H:\HOMI:'J_YNDAS\GEN~Sb'ee[s~000 Bond Issue\FM 624\Memo doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: F.M 624 (U.S. 77 to F.M. 1889) (Bond Issue 2000) PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing retums and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transpodation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024478). 3. Auqust 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024555). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. 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. FUTURE COUNCIL ACTION: 1. Additional increases in escrow [unds may be necessary as project proceeds to completion. BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Chdsti held an election to consider a number of ballot prepositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $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. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: This roadway section presently has the highest traffic volume growth rate in the City. The Texas Department of Transportation (TxDOT) re-evaluated this project and found it unfeasible for significant street widening due to physical constraints of the F.M. 624 and U.S. 77 Interchange. Subsequently, the scope of improvements for F.M. 624 has been modified to include capacity enhancements and roadway safety features. Improvements include a raised canter median along the eastern- most section, exclusive right turn lanes, continuous street lighting, signal upgrades and driveway improvements. TxDOT has included this project in the Transportation Improvements Program to be financed with federal funds. The Cit,/s participation is limited to the installation of a traffic signal at River Hill Road and maintenance and utilities of the proposed landscaped area included in this project. Currently, this project is scheduled for an Apdl 2005 letting date. ADVANCED FUNDING AGREEMENT DESCRIPTION: Under this Advanced Funding Agreement TxDOT will: · be responsible for secudng the federal share of funding; · the state shall be responsible for architectural and engineering services with exception, this includes any preliminary engineering work; · be responsible for the scope of work including construction of roadway, adding medians and traffic control devises along FM 624 from US 77 to River Hill Road in Corpus Christi; · construction responsibilities will be carried out by the State; · supervise and inspect all work performed by the construction contractor; and; · provide final inspection and a Notilqcation of Completion, acknowledging project completion. Under this Advanced Funding Agreement, the City will: · be responsible for the right of way and real property acquisition; · be responsible for all costs associated with the necessary adjustment of any and all utilities and services; · be responsible for mitigation and remediation of any environmental problems; · the City may review and comment on the work as required to accomplish the public purposes of the projects; · provide the City's share of project costs; · accept responsibility for maintenance upon completion of project including landscape, plant and irrigation operation and maintenance. FUNDING: Funding is available in the Street Capital Improvement Budget_ STATE OF TEXAS CS J: 0989-02-041 Project Name: FM 624 Funding Category: 7 STP MM COUNTY OF TRAVIS LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For FM 624 Improvements ORI$1NAL THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Chdsti, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS. a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108410 that provides for the development of, and funding for, the project descdbe herein; and, WHEREAS, the Goveming Body of the Local Govemment has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a pad hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as rehabilitation of roadway, adding medians and traffic control devices along FM 624 from US 77 to River Hill Road in Corpus Chdsti. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. LPAFAShortGen.doc Page ! of 8 Revised 8/17/04 CS J: 0989-02-041 Project Name: FM 624 Funding Category: 7 STP MM Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carded out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, except as stated on Attachment C of this document. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachm. ent C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Depadment of Transportation" in the amount specified in Attachment C as the local contribution for Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Sixty (60) days pdor to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. f. In the event the State determines that additional funding is required by the Local Government at any time dudng the development of the Project, the State will notify the Local Government in wdting. The Local Government will make payment to the State within thirty (30) days from receipt of the State's wdtten notification. g. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing such dght of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this LPAFAShortGen.doc Page 2. of 8 Revised 8/17/04 CS J: 0989-02-O41 Project Name: FM 624 Funding Category: 7 STP MM contract acts as acceptance of the authodb/of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoff~ Word or similar document. If requested by the State, the Local Government will use the State's document template_ The Local Govemment shall also provide a detailed construction time estimate including [ypes of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. It' this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of ~e State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and b/pes specified on the Certificate of Insurance for all persons and entities working on State dght of way. This coverage shall be maintained until all work on the State dght of way is complete. If coverage is not maintained, all work on State dght of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) TiUe: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: LPAFAShortGen.doc Page 3 of 8 Rewsed 8/17/04 ATTACHMENT A Resolution of Local Government Approving This LPAFA CS J: 0989-02-041 Project Name: FM 624 Funding Category: 7 STP MM LPAFAShortC~n.doc Pa~e 4 of 8 R,~.,~ (~2005 ~ Texos Deportment ~' of Tronsportotlon BEGIN PROJECT MP 14.872 Attachment B V t® Iq 97'35' END PROJECT MP 16.122 LOCATION MAP - FM 624 TYPE OF WORK: GRADE, BASE, SURF & TRAFFIC CONTROL CS J: 0989-02-041 LIMITS: FROM US 77 TO RIVER HILL ROAD PROJECT: LENGTH APPROXIMATELY 1.25 MILES t"~t"~l IKr'r-~/. kll Ir--/'nE'Cn CS J: 0989-02-041 Project Name: FM 624 Funding Category: 7 STP MM A~I'ACHMENT C Work Responsibilities, Project Budget Estimate. and Source of Funds This Project will COnsist of rehabilitation of roadway and adding medians and traffic control devices along the project area on FM 624 from US 77 to River Hill Road in Corpus ChdstJ. The Local Government has requested the installation of a traffic signal at River Hill Road which will be added to the Project. The Local Government will be responsible for the cost of the additional traffic signal at River Hill Road and will also be responsible for the maintenance and utilities along the landscaped project area upon completion of the Project. WORK RESPONSIBILITIES The Local Govemment will I:umish all labor, equipment, materials, and incidentals to provide for the landscaped maintenance activities that shall include but not be limited to the following: Plant Maintenance For the work of plant maintenance, all reasonable means shall be employed to preserve the plants and vegetative matedal existing within the Project limits in a healthy and vigorous growing condition. The plant maintenance activity shall include but not be limited to the following: 1) Provide vegetative watering of plant material. If an automatic irrigation system is present, see irrigation system operation and maintenance below. 2 Plant bed and basin maintenance including shaping, weed control, mulch layer, and dng construction. 3 Plant replacement. 4 Insect, Disease, and Animal Control. 5 Fertilizing. 6 Mowing and Trimming. 7 Restaking, Reguying, Rebracing and/or Removal of Staking, Guying, and Bracing. 8 Pruning. 9 Litter pick-up Landscape Maintenance For the work of landscape maintenance, all reasonable means shall be employed to preserve the landscape scheme existing within the Project limits in a healthy and attractive condition. The landscape maintenance activity shall include but not be limited to the following: 1) Mowing the entire length of the Project area - 2 cycles per month from March through October;, 1 cycle per month from November through February. 2) Tdmming around all structures and hard surfaces on same cycle(s) as mowing cycle(s) stated above. Must keep all stdng tdmmers out of plant basins. 3) Litter pick-up once a month, or if possible, dght before each mowing cycle. 4) Plant basin maintenance: weed control - keep plant basins free of weeds. No string trimmers to be used near plants. A minimum 4" mulch layer around all trees and shrubs should be maintained. Irriclation System Operation and Maintenance Permanent irrigation system operation and maintenance shall include, but not be limited to water, monitoring, adjustment, repair, and proper operation of the existing irrigation system as required LPAFAShor[Gen.doc Page ~ of ~ Revised RI17/~3J. CS J: 0989-02-041 Project Name: FM 624 Funding Category: 7 STP MM to insure adequate moisture to the plant matedal existing on the site. All replacement parts shall be of the same type and manufacturer as originally installed. Substitute parts may be allowed with the approval of the State pdor to replacement. The Local Government will provide water at the Project site, with the water tap/meter installation applied for in the name of the Local Government. Upon completion of the installation phase of the Project, the Local Government will continue to provide the water for the developed area. The Local Govemment shall monitor and repair any damage to signs, plants and structure that may result from vandalism or other cause of damage to the developed area. All replacement items shall be of the same type as originally installed. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State pdor to the actual erection. PROJECT BUDGET AND SOURCE OF FUNDS The State has estimated the project budget (without the City's requested traffic signal) to be as follows: Total Estimate Description Cost Rehab of roadway, and 1,593,000 adding medians, and traffic signals Subtotal 1,593,000 Engineering & Contingencies (E&C)~* (Es§mated @11.5% of consb'uctJon Federal State Local Participation PartJclpatlon Participation %1 Cost % I cost % I cost CONSTRUCTION COSTS 80% 1,274,400 20% 318,600 0% 80% 1,274,400 20% 318,600 0% 207,000 165,600 41,400 0 The Local Govemment's estimated cost for the requested traffic signal installation at River Hill Road is $80,181.49, including construction items, and engineering and contingencies. Below is an itemized breakdown for the cost of the traffic signal at River Hill Road. DHII sha[t (Trf slg pole; 36") Drill shaft (Trf slg pole; 48") Conduit (PVC; SCH 40; 1 ~ ') Conduit (PVC; SCH 40; 4") Conduit (PVC; SCH 40; 4'; Bore) Elec Conductor (No. 6; Bare) Elec Conducto~ (No. 6; Insulated) Elec Coductor (No. 8; Insulated) Ground box Ty A (122311) w/apron LPAFAShortGen.doc 0416-2032 28 LF 140.00 3,920.00 0416-2034 22 LF 260.00 5,720.00 0618-2016 30 LF 4.50 135.00 0618-2024 130 LF 7.50 975.00 0618-2025 195 LF 16.00 3,120.00 0620-2009 30 LF .55 16.50 0620-2010 60 LF .75 45.00 0620-2012 2115 LF .65 1,374.75 0624-2008 3 EA 475.00 1,425.00 Page 7 of 8 Revised 6/17/1)4 Ground box Ty D (162922) w/apron Elec Serv Ty T (120/240) Install of Hwy Traf Signal (isolated) Back plate (12"; 3 sec) Back plate (12"; 5 sec) Veh SIg Sec (12"; LED grn arw) Veh Sig Sec (12"; LED gm) Veh SIg Sec (12"; LED; ylw arw) Veh SIg Sec (12"; LED; ylw) Veh SIg Sec (12"; LED; red) Traf SIg DBL ~l'y ,ac 14 AWG; 5 Condr) Traf SIg CBL; (Ty A; 14 AWG; 7 Condr) Traf SIg CBL; (Ty A; 14 AWG; 16 Condr) Ins Tn' Sig PI AM (S; 1 arm; 32'; lum & Ilsn) Ins Tn' SIg PI AM (S; 1 arm; 40'; lum & Ilsn) Ins Tn' SIg PI AM (S; 1 arm; 55'; Lum & Isn) ILSN (fluorescent; 8~) Vlvds processor system Vlvds camera assembly Vivds set-up system Vlvds communication cable SUB-TOTAL E&C CS J: 0989-02-041 Project Name: FM 624 Funding Category: 7 STP MM 0624-2014 1 EA 560.00 560.00 0626-2171 1 EA 2,000.00 2,(~0.00 0680-2002 1 EA 9,000.00 9,000_00 0682-2001 4 EA 60.00 240.00 0682-2003 1 EA 90.00 90.00 0682-2022 1 F_A 270.0~ 270.00 0682-2023 7 EA 280.00 1,960.00 0682-2024 1 ,FA 230.00 230.00 0682-2025 7 EA 225.00 1,575.00 0682-2027 7 EA 215.00 1,505.00 0684-2031 344 LF 1.10 378.40 0684-2033 80 LF 1.40 112.00 0684-2042 465 LF 2.25 1,046.25 0686-2034 1 EA 3,900.00 3,900.00 0686-2042 1 EA 4,200.00 . 4,200.00 0686-2058 1 EA 9,000.00 9,000.00 6041-2003 3 EA 1,100.00 3,300.00 6044-2001 1 EA 9,000.00 9,000.00 6044-2002 3 EA 1,800.00 5,400.00 6044-2003 1 EA 300.00 300.00 6044-2005 675 LF 1.65 1,113.75 71,911.65 269.84 Local Government's Participation = $80,181.49 It is understood that the proposed improvements will be done by the State and the Local Govemment will transmit to the State with the return of this Agreement, executed by the City, a warrant or check in the amount of $80,181.49 made payable to the 'q-exas Department of Transportation" to be used solely for the cost of improvements as requested by the City. It is further understood that the State will include only those items for the improvements as requested and required by the City. This is a construction estimate only, final participation amounts will be based on actual charges to the project. LPAFAShodGen.doc Page 8 of 8 Revised 8/17fl34 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) IN THE AMOUNT OF $80,181.49 FOR CONSTRUCTION OF A TRAFFIC SIGNAL AND OTHER MISCELLANEOUS ITEMS ON FM 624 FROM US77 TO FM 1889. (BOND ISSUE 2000) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or his Designee, is authorized to execute an Advanced Funding Agreement with the Texas Department Of Transportation (TxDot) in the amount of $80,181_49 for construction of a traffic signal and other miscellaneous items on FM 624 from US77 to FM 1889. (Bond Issue 2000) A'n'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January ~sistant City Attomey For City Attorney /~,2oo5. Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2005 The above resolution was passed by the following vote: Samuel L. Neal, Jr_ Brent Chesney Javier D. Colmenero Melody Cooper Hem-y Garrett Bill Kelly Rex A. Kinmson Jesse Noyola Mark Scott 15 CITY COUNCIL AGENDA MEMORANDUM DATE: January 18, 2005 SUBJECT: Power Street Storm Water Pump Station Rebuild Pump No. 2 (Project No. 2230) AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Mody K. Boaldght, P. E. in the amount of $40,500, for a total restated fee of $48,000, for the Power Street Storm Water Pump Station Rebuild Pump No. 2. ISSUE: Pump No. 1 and Pump No. 3 at the Power Street Storm Water Pump Station are in need of repair, including replacement o[ pump housing and impeller, refurbishment and inspection. The construction contract for rebuilding of Pump No. 2 was awarded July 13, 2004 to Excel Pump and Machine. The total fee of $40,500 for the proposed Amendment No. 1 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Storm Water Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. V~l~rie Gray, Rt E.,/ [ DiCebtor of Storrfi W,ater Department /~r~gel R. Escobar, P. E., · Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C' Location Map BACKGROUND INFORMATION SUBJECT: Power Street Storm Water Pump Station Rebuild Pump No. 2 (Project No. 2230) AMENDMENT NO. 1 PRIOR COUNCIL ACTION: 1. July 22, 2003 - Approval of the FY 2003-2004 Capital Operating Budget (Ordinance No. 025394). July 13, 2004 - Motion authorizing the City Manager, or his designee, to award a construction contract to Excel Pump and Machine of Corpus Christi, Texas in the amount of $94,080 for Power Street Storm Water Pump Station Rebuild Pump No. 2 (Motion No. M2004-253). PRIOR ADMINISTRATIVE ACTION: 1. October 1, 2004 - Executed Small NE Agreement with Mody K. Boatdght, P. E. in the amount of $7,500 for the Power Street Storm Water Pump Station Rebuild Pump No. 2. FUTURE COUNCIL ACTION: Construction contract to complete the proposed project on Pump No. 1 and Pump No. 3 of the Power Street Storm Water Pump Station. PROJECT BACKGROUND: Pump No. 1 and Pump No. 3 are in need of repairs, including replacement of pump housing and impeller, refurbishment and inspection. On July 13, 2004, a construction contract was awarded to Excel Pump and Machine of Corpus Christi, Texas for the rebuilding of Pump No. 2 at the Power Street Storm Water Pump Station. The work included replacement of pump housing and impeller, refurbishment and inspection. This was a two part project that consists of removing, rebuilding and reinstalling the existing pump assembly. First, the City's back-up pump housing and impeller will be refurbished and any needed parts acquired by December 1, 2004. Second, in early January 2005, the pump will be taken off-line, to be removed to facilitate the installation of the refurbished housing and impeller, other necessary parts and the inspection of the gear reducer. AMENDMENT NO. 1: The proposed Amendment No. 1 includes Basic Services and Additional Services to improve Pump No. 1 and Pump No. 3 as follows: Basic Services 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase EXHIBIT "A" I Page I of 2 · Additional Services 1. Construction Observation Services CONTRACT SUMMARY/FEE: A contract summary and summary of fees are attached as Exhibit "B". EXHIBIT "A" I Page 2 of 2 CONTRACT SUMMARY AMENDMENT NO. I 1. SCOPE OFPROJECT Power Street Storm Water Pump Station Rebuild Pump No. 2 (Prolect No. 2230) The Power Street Pump Station has three (3) engines and three (3) pumps that periodically require improvement. Pump No. 1 is in good condition; however the engine and gear reducer require replacement_ The pump suction inlet bell for Pump No. 1 needs evaluation to determine whether it should be replaced or continue in service. Pump No. 2 does not require an upgrade at this time. Pump No. 3 the pump bowl and suction inlet bell requires replacement; and the pump upper portion requires rebuilding. The engine and gear reducer for Pump No. 3 must be replaced. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and wdtten authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY Wednesday Wednesday Wednesday Tuesday Tuesday Tuesday Tuesday Monday DATE February 2, 2005 February 16, 2005 March 2, 2005 March 15, 2005 March 29, 2005 April 5, 2005 Apd119, 2005 April 25, 2005 ACTIVITY Begin Preliminary Phase Submit Design Memorandum Begin Design Phase 60% Submittal City Review 100% Submittal City Time Final Submittal IEXHIBIT"B" ! Page 1 of 2 Monday(2) Tuesday Wednesday Wednesday Fdday May 2, 2005 May17,2005 May 25,2005 July13,2005 April14,2006 Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting 2. ROW Acquisition Survey (AUTHORIZED) 3. Topographic Survey (AUTHORIZED) 4. Environmental Assessments 5. Construction Observation Services 6. Start-up Services 7. Warranty Phase 8. Provide SCADA Documentation Sub-Total Additional Services Fees Authorized Total Authorized Fee $2,500 33,500 500 2,000 38,500 0 0 0 0 2,000.00 0 0 0 2,000.00 $40,500.00 iEXHIBIT"B" i Page 2 of 2 PROJECT LOCATION CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE N PUMP STA]]ON ~ t~AP PROJECT # 2230 ~OT TO SCA~Z N NEW FEDERAL COURT HOUSE EXHIBIT "C" POWER STREET STORM WA TER PUMP STATION REBUILD PUMP NUMBER 2 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DE~R~ENT OF ENGINEERING SERVICES PAGE: I o¢ 1 DA~: 01-12-2~5 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 18, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract for external cash auditing services with G. F. Valdez, and Co., o~'Corpus Christi, Texas in an amount not to exceed $40,000. ISSUE: Various cash audits need to be performed throughout the year. The Finance Department will be conducting periodic internal cash audits but is requesting assistance from an outside auditing firm in completing these audits. Each audit will be funded by the respective department being audited. REQUIRED COUNCIL ACTION: Approval of the motion is required to authorize execution of' the contract for auditing services with G. F. Valdez and Company. FUNDING: Each audit will be funded by the respective department being audited. CONCLUSION AND RECOMMENDATION: City staff recommends the approval of the motion authorizing the City Manager or his designee to execute a contract for external cash auditing services with G. F. Valdez, and Co., of Corpus Christi, Texas in an amount not to exceed $40,000. Director of Financial Services Attachments: Background Information Exhibit A - List of Audits Exhibit B - Audit Proposal BACKGROUND INFORMA~ON As a result or'the moztary theft discovered in 2004 in the Ceamll Cahieci~ Division of Fmaadal Services, it has been recommended by the Audit Co,, .,,~tee fh~ each depa~ ut. mt handling cash be F'mancial Services bas identified the twenty main cash handlin8 sites within th~ City, as listed in Exhibit A_ Of those sites, it has been determined that existing staffwill perform audits on ten of the twenty sites. It is recommended that the remaining sites be audited by G. F. Valdez, and Company, who performed the internal control review of Central Cashiering and made recomme~a.tions for impmvem, mts. The proposal made by G F Valdez can be found in Extn-bit B. It is estimated that the audits will begin in January 2005 and will b~ completed by Dec. exnber 31, 2005. Christi ~ Audi~: 1. Libraries 2.~ Park and Reception: 3. C~Co~m (2) 4. Pc~ 6. S~or ~ 7. S,~ ~s 8. ~i~ 10. S~ff ~s Exttmnl Audt~ 1. Munieipfl Court 2. Solid W~s~ Office Health Sode I-Io~e 5. Developmem S~vices (i.e., Building Inspe~om, Building 1,wmm, m.) 6. Animal Couh ul 7. ~ $. Police Adminisln~:m 9. Police Rmorda 10. Vehicle Pound EXHIBIT A GF Valdez, P.C. A Pubhc Accounting Fuxn December 10, 2004 5430 ltolly Road, Suite 7 Corpus Christi, TX 784l 1 361-991-1650 Fax 361-99 I-1655 City of Corpus Christi Financial Services Department Attention: Ms. Cindy O'Brien 1201 Leopard Slxeet Corpus Christi, Texas 78401 Dear Cindy: Thank you for allowing GF Valdez, P.C. with this opportunity to provide you with a proposal for your internal auditing needs. I will begin with what the City will receive, who will provide these services to you, and why you should use GF Valdez, P.C. to provide you with these services. Internal cash controls at the sites designated by the City will be tested and reviewed by professionals who have performed systems and operational audits on cash-handling departments for several clients. We have reviewed internal control and operations for the Central Cashiering Department and are familiar with how other City departments get their cash to Central Cashiering for final posting to the City's general ledger. Your internal audit procedures will be performed by experienced professionals who worked previously as internal auditors in financial institutions where cash transactions occurred continuously throughout the work day (cash includes checks, credit cards, etc.). You will receive a draft of our report detailing the procedures performed at each site, any findings, and our recommendations within 1 week of leaving the last site. You will receive the final report 1 week aRer draft approval. Financial Services personnel will be able to call and speak with any professional at GF Valdez, P.C. throughout the year without being charged. We have included the following attachments which detail our experience, our fee for performing the procedures, and the specific procedures this proposal is based on_ Attachment A - Experience and People Attachment B - Services and Fees Attachment C - Agreed-upon Procedures & Sites Please don't hesitate to call if you have any questions or comments. And again, thank you for considering GF Valdez, P.C. tbr your internal auditing needs. Very truly yours, Lupe Valdez cc: Constance P Sanchez EXIIIBIT B City of Corpus Christi Attachment A - Exoerience and Peoole Expe~ence First Commerce Bank Corpus Christi, Texas Contact: Emmett Harris Phone: 361-850-6843 Driscoll Foundation Credit Union Corpus Christi, Texas Contact: Gracie Sanchez Phone: 361-694-6415 Jewish Community Council Corpus Christi, Texas Contact: Barry Abels Phone: 361-855-6239 People Workin~ on Your EnllaRement and Exoerience The following professionals will be working on your internal audit engagements. Lupe Vaidez, CPA, has over 15 years of experience providing accounting services to and for different entities; he has performed and supervised internal and external audits on entities with total assets ranging from $5M to $1.8 billion; has performed system reviews and operational audits on cash-handling departments of different entities; was internal auditor for a $100M bank prior to entering public accounting. Anita Cadena, CPA, has over 7 years of experience providing accounting services to and for different entities; has performed internal and external audits on entities with total assets ranging from $5M to $135 million; has performed systems reviews and operational audits on cash-handling departments for different entities; worked as a cash teller for 3 years prior to entering public accounting. Financial Services personnel will also be able to contact and speak with other professionals at our offices throughout the year. City of Corpus Christi Attachment B - Services and Fees Based on our discussions with you, we would like to propose the following services to be performed at the different cash sites. Agreed-ul~on Procedures Perform agreed-upon procedures at cash sites selected by the City on a quarterly basis. All designated sites listed on Attachment C will be completed by December 31, 2005. A draft of the report describing the specific procedures, any findings, and our recommendations will be provided to you within 1 week of leaving our last site. The final report to be received by the City 1 week after approval of the draft. Additional Accounting Services - no charl~e · Access to our procedures and work papers if the City chooses to perform this "in-house" at a later date. · Unlimited phone consultations throughout the quarter. · 24 hour response time to your telephone calls. Investment - $40,000 Our fees our based on performing the specific procedures detailed in Attachment C_ Any additions or deletions to these procedures or the number of sites would alter our fee accordingly. City of Corpus Christi Attachment C - Agreed-ul on Procedures & Sites The following procedures will be performed at each site. Review and discuss cash physical controls with the site management and cash-handling employees. (Questionnaires will be tailored to fit each site) Determine through inquiry of management and other employees whether the department has written procedures 1br handling cash transactions with customers. Determine through inquiry of management and other employees what process is performed when the daily bank deposit is prepared. Determine that the process for posting daily accounting activity to the City's financial accounting system is performed consistently. Observe the process for collecting customer receipts and note physical control devices_ Select cash drawers and vault cash, if applicable, and conduct surprise cash counts. Request that the person responsible for control over each cash fund be present during the count. Obtain the employee's signature after the count acknowledging receipt for the retu.m of cash Compare the totals on the daily deposits to the CPA's cash counts and reconcile any differences. Compare the totals of all the deposit slips to the amounts recorded on the City's accounting system for that day. Inquire about any differences. Inquire on any City policies regarding cash limits. Compare the limits to the amounts held by the department, if applicable. Inquire/observe if cash drawers are physically secured by keys. Determine who maintains custody and existence/control of spare keys. Inquire of the employees and read documentation noting how often deposits are verified. Note who performs deposit verifications, and how this is documented. Inquire and observe as to whether the vault cash, if applicable, is under dual control. Obtain the prior day's bank deposit and obtain support that agrees to the mounts on the bank deposit slip. Examine the supporting documentation for propriety. Review the cash drawers for stale items that have not been deposited_ Inquire with management on these items, if any. City of Corpus Christi Attachment C - A~reed-uoon Procedures & Sites (cont.) We will perform the above procedures at the following locations by December 31, 2005, assuming we can begin our procedures in January 2005. 1. Municipal Court 2. Solid Waste Office 3. Health Department 4. Scale House 5. Building 6. Animal Control 8. Police Administration 9. Police Records 10. Vehicle Pound 11_ Central Cashiering 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 18, 2005 AGENDA ITEM: An ordinance authorizing the City Manager, or designee, to execute a five-year professional services contract and lease agreement with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding city revenue to city in return for Pro's exclusive use of tennis center, and city paying Pro $3,166 per month for Pro operating tennis center; and declaring an emergency. ISSUE: A contract must be authorized for continuation of tennis pro services at the Al Kruse Tennis Center. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Susan Torrance in April 13, 1999. FUNDING: Professional services are currently budgeted. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the new contract with Susan Torrance to provide professional services and management of the Al Kruse Tennis Center. Attachments: Background Information BACKGROUNDINFORMATION Susan Torrance began at the Al Kruse Tennis Center in May, 1987. She had over four years experience as an Assistant Pro at the time she took over as Pro in 1991. She has been the pro at the tennis center since then. She is certified as a Class I Prof _e~.i_'._nnal by the United States Professional Tennis Association (USPTA.' Tennis Pro Contract & Lease of AJ Kruse Municipal Tennis Center Susan Shelby Torrance THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Tennis Pro Contract, ("Contract') and Lease of the Al Kruse Municipal Tennis Center ("Facility") is between the City of Corpus Chdsti, a Texas home rule municipal corporation ("City"), and Susan Shelby Torrance of Nueces County, Texas, ("Pro"). In consideration o1' the covenants herein, the City and Pro agree as follows: 1. Term. City contracts with Pro as Tennis Professional at the Al Kruse Municipal Tennis Center subject to all of the terms of this service Contract. Further, City leases the Facility to Pro, subject to the terms of this Contract. This Contract and Lease is for five (5) years, unless sooner terminated add extending from month to month upon the same terms and conditions as set out herein until a new contract and lease are agreed upon. This Contract and Lease is effective on final approval by the City Council. 2. Monthly Pro Fee. City shall pay Pro Three Thousand One Hundred and Sixty-Six Dollars ($3,166) per month payable monthly on the first business day of each calendar month during the Lease, as the monthly tennis Pro fee for Pro's services provided hereunder. For any fee due after fiscal year 2003-2004, the monthly pro fee is subject to appropriation by City Council in the applicable fiscal year budget. If a monthly Pro fee of at least $3,166 is not appropriated, Pro may terminate this Contract. It is expressly understood that Pro is an independent contractor and not a City employee and is not entitled to the benefits normally accorded to City employees. 3. Pro Responsibilities. A. Compliance with Laws. Pro must operate Al Kruse Municipal Tennis Center (the "Facility") in conformity with the laws of the State of Texas and the ordinances, rules and regulations of the City of Corpus Christi. B. Pro's Qualifications. Pro must be experienced in the management, supervision, and operation of a tennis facilily_ The Pro must have and mainlain a Class I rating from the United States Professional Tennis Association. The Pro's pdmary duty is to manage and control the administration and operation of the Facility. C. Pro Supervision of Facility. Pro is directly responsible for supervising the Facility, including without limitation, all activities in the Iockedrestroom. D. Facility Rules. Pro shall adequately publish and enforce all rules and regulations governing the playing of tennis, and all other activities, as may be conducted at Facility. ~--01R~ Oig a,R/Do,jle'TP ~l~k & R~c'~ 1 ~1~35DC.S .T orra nce.T m'~i~ .Pr ~&-Leas~ ~u~e .M~x~T~ n.ls Center. doc Page 2 of 8 E. Cash Handling. Pro must provide fidelity bonds for herself and any of Pro's employees who handle cash or credit cards_ These bonds must be provided to the Director of Park and Recreation or designee ("Park Director") and must be good and sufficient fidelity bonds in the sum of Five Thousand ($5,000) Dollars, wdtten by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this Contract and any holdover period. These bonds must assure payment to the City of all City Revenue collected by Pro and Pro's employees on behalf of the City and the prompt payment of five (5%) percent of Pro Revenue, including Lesson Revenue, to which the City is entitled. F. Background Investigation. Pro agrees that City will conduct a background investigation of Pro and all of Pro's employee's at City's expense. A release authorizing the background investigation must be executed by the Pro and Pro's employees. City shall terminate this contract if the City finds a felony conviction, convictions for crime of moral turpitude, or conviction for any drug offenses. Pro shall terminate any of Pro's employees for the same causes. G. Pro's Employees. Pro, at Pro's expense, will employ sufficient employees to assist Pro in conducting lessons, operating the Pro Shop, and scheduling courts. All these employees will be in the employ ol= Pro, and not employees of, do not have any contractual relationship with, and are not entitled to any benefits from the City. Pro shall pay the salades of all of Pro's employees. All Contract services must be provided by or under the supervision of Susan Shelby Torrance. All of Pro's employees must be fully qualified to perform all Contract service performed by each of them. None o1' the ConlTact services may be subcontracted without the pdor written approval o the Park Director. Pro is responsible for and must control the activities of Pro and Pro's employees at the Facility and must take whatever action is necessary to insure that Pro and Pro's employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations in general. Pm shall insure that Pro and Pro's employees do not consume intoxicating substances at the Facility, or report to work under the influence of same. Pro shall insure that Pro's conduct and language, and that ol~ Pro's employees, is above reproach, taking Into consideration lhe Facility is viewed as a City facility, and that it caters to families and youth with many children participating. H. Taxes, Pro, at her expense, will pay all payroll taxes, F.I.C.A. taxes, and all other related taxes pdor to the past due date. I. Programs. 1. Pro must maintain and promote a continuing program to attract citizens and tourists, to use of the Facility, particularly weekday play, and must maintain rental tennis rackets for use b the public. 2. Pro shall promote the game of tennis through youth programs. Page 6 of 8 D. Worker's Compensation. Pro shall secure and maintain worker's compensation insurance. 11. Assignment. This Contract is a personal service contract and is not assignable. 12. Termination. The City Manager, may, after 45 days advance wdtten notice and opportunity to cure, terminate this Contract l=or a material breach by Pro of the Contract if breach has not been cured, provided, however, the City Manager, may immediately terminate this Contract if Pin's violation involves: misappropriation of funds due the City, failure to produce financial or accounting documentation as required herein, or a sedous or imminent danger to the public. Pro may terminate this contract il= the Pro provides the Park Director 45 days advance wdtten notice. This Contract will terminate immediately upon the death of the Susan Shelby Torrance_ Further, this Contract will be terminated upon the inability of Pro to perform the duties hereunder for 120 consecutive days. 13. City Responsibilities. A. Ownership. City owns the Al Kruse Municipal Tennis Center facilities, all improvements, and buildings located thereon; the furnishings and equipment for the locker mom/restroom area, as shown on Exhibit 1 attached hereto and made a part hereof for all purposes; and the office equipment, including without limitation, a cash register and basic supplies, located in the Pro Shop and/or office. B. Telephone. City will pay for one telephone for local calls. C. Security. City has installed security equipment, including sound and movement detectors, in the pm shop and concession building. The Pm must pay the monthly bill for the security services. D. Facility Maintenance. City is responsible for all Facility maintenance and major and minor repairs at the Facility to the extent shown in Exhibit 2; and in consideration thereof, it is agreed that Pro must make no claim for any damages against the City for loss of income due to the Ci~s failure to make any repairs. E. Janitorial. City will clean the Facility and will supply all cleaning supplies. F. Promotion of Facility. City shall continue its promotional activities for the Facility, including brochures and listings in departmental literature. 14.1ndemnJty. Pro must fully indemnify, save and hold harmless City, its officers, employees, and agents (hereinafter "the Indemnitees'~ against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal Injuries (Including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, tennis related activities undertaken pursuant to this Tennis Pro Contract and Lease of Al Kruse Municipal Tennis Center or any operations or activities thereunder, regardless of whether Page 7 of 8 the injury, loss or damage shall be caused by, or claimed to be caused by, in whole or in part, the negligence or other fault of the Indemnitees or any of them. Pro shall at Its own expense investigate all these claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demand, and actions. 15. Notices. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Chdsti Attention: Director Park & Recreation P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 FAX No: (512)880-3464 Phone No.: (512) 880-3461 IF TO PRO: Susan Shelby TorTance 3205 Kennsington Court Corpus Chdsti. Texas 78414 Phone No. (512) 994-9382 16. Amendments. Modifications to this Contract are not effective unless signed by a duly authorized representative of all parties hereto. Modifications which do not change the essential scope and purpose of the contract, specifically including without limitation the amount of the monthly pro fee, may be approved on behalf of the City by the City Manager. 17. Publication. Pro must pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. I-k~LEG~lR~OlgaR~Doy~el.~ark & Rec~ 1040~OC.S .Tc~nca.Tenn~ .Pml(&.t.~ase .A~,mseJ4 [ml're~'~ls Cen~e~.doc Page 8 of 8 18. Effective Date. This Contract and Lease is effective on final approval by the City Council. SIGNED this day of__, 2004. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved 15 December 2004 George K. Noe City Manager Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney TENNIS PRO, "Pro" Susan Shelby Torrance ~¢" STATE OF TEXAS COUNTY OFNUECES Thisinstrumentwasacknowledgedbefore meon Notary Public, State oFTexas Printed Name: Seal: Expiration Date: 2005, by Ord, AUTHORIZED BY COUNCIL ASSISTANT CITY SECRETARY Page 1 of 1 EXHIBIT 2 DETAILED CONDITIONS FOR FACILITY MAINTENANCE CITY OF CORPUS CHRISTI, TEXAS AL Kruse Tennis Center WITH Susan Shelby Torrance This Exhibit 2 contains detailed conditions for facility maintenance for Al Kruse Tennis Center ("Facility") defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI, TEXAS Tennis Pro Contract and Lease Agreement with Susan Shelby Torrance("Pro"). 1. City Resl)onslbilifies 1.1 Buildln~ls: 1.2 Bathrooms/dressing moms; pA shop; clean and sanitize water closet, sinks. showers and urinals dally and as needed; sweep and mop floors daily and as nccded; strip and wax floors quarterly; pick up litter daily and as needed; keep up with all paper goods daily and as needed; clean windows weekly and as needed. Grounds: Litter pickup daily and as needed; bag and manage all trashcans as needed; inspect fencing and lumite daily and make necessary repairs; fill holes and level ruts in all areas; clean and remove graffiti; replace all domestic lighting (general bulbs and fluorescent tubes); make general minor repairs to facilities including plumbing; painting and park furniture; assist tennis center staff in replacing tennis nets. center straps and bindings; paint restrooms and other areas when needed (annually). 1.3 Gardening and landscaping: 1.4 1.5 All mowing, trimming, and clean up; watedng and minor irrigation repairs; pruning shrubs, trees and rose bushes; brush clean up; maintain all flowerbeds {includes removing weeds, preparing and planting seasonal plants to enhance the facilities; spray insecticide, herbicides, fungicides, weed killer and treat for ants when needed. Capital Improvements. City will fund capital improvements determined by the City that are needed at its discretion. Contact Person. For the Lease, the City's contact person is the Park and Recreation Director. Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR PROFESSIONAL SERVICES CONTRACT AND LEASE AGREEMENT WlTH SUSAN SHELBY TORRANCE(PRO) FOR TENNIS OPERATIONS AT THE AL KRUSE TENNIS CENTER IN CONSIDERATION OF PRO PAYING THE CITY 5% OF PRO AND LESSON REVENUE, AND COLLEC~NG AND FORWARDING CITY REVENUE TO CITY IN RETURN FOR PRO'S EXCLUSIVE USE OF TENNIS CENTER, AND CITY PAYING PRO $3,166 PER MONTH FOR PRO OPERA~NG TENNIS CENTER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five-year professional services contract and lease agreement ("Agreement") with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse Tennis Center in consideration of pro paying the city 5% of pro and lesson revenue, and collecting and forwarding city revenue to city in retum for pro's exclusive use of tennis center, and city paying pro $3,166 per month for pro operating tennis center. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) 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 18~h day of January, 2005. Page 2 of'3 ATrEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: December 15, 2004 Chief, Administrative Law Section Senior Assistant City Attorney For City Attomey Corpus Chdsti, Texas day of ,2005 Page 3 of 3 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 18 AGENDA MEMORANDUM AGENDAITEM: January 18, 2005 Motion authorizing the City Manager to execute a Deferment Agreement with Dr. J. Patrick Moran, owner and developer of Saratoga Center, Block 1, Lots 11 thru 16 in the amount of $22,167.15 for a future 8-inch P.V.C. water main improvement along the east side of South Staples Street, south o1: Saratoga Boulevard in accordance with the Platting Ordinance Section V-Required Improvements. Subsection A.3.b). ISSUE: Dr. J. Patrick Moran, owner and developer of Saratoga Center, Block 1, Lots 11 thru 16 submitted Deferment Agreement documentation to defer the construction or an 8- inch P.V.C. water distribution main, in accordance with the Platting Ordinance, Section V- Required Improvements, Subsection A.3.b) REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Dr. J. Patrick Moran, (Developer). CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Background Information Location Map Water Line improvements Deferment Agreement B. A. Bail~k~, .I.~ Director of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Saratoga Center, Block 1, Lots 11 thru 16, require the construction of 588 linear feet of an 8-inch P.V.C. water main along the east side of South Staples Street south of Saratoga Boulevard between the existing 8-inch water distribution main previously installed to the north property line of Saratoga Center Block 1, Lots 11 thru 16 and extending to the southern boundary of proposed development, (Exhibit B). Murray F. Hudson, P.E., on behalf of Dr. J. Patrick Moran, owner and developer of Saratoga ~;enter, Block 1, Lots 11 thru 16, submitted Deferment Agreement documentation to defer the construction of required 8-inch water main along the east side South Staples within the limits of said development in accordance with the Platting Ordinance Section V- Required Improvements, Subsection A.3. b). The Planning Commission on January 12, 2005 recommended the execution of the Deferment Agreement and found reasonable cause to delay the 75% requirement to expedite the recordation of the plat. A Defen'nent Agreement, (Exhibit "C") between the City of Corpus Chdsti and Dr. J. Patrick Moran, allows the Developer to defer the construction of required 8-inch water main improvement for a period of approximately (1) year from the date the Deferment Agreement is signed and approved. The deferment of said water line will allow the Developer to expedite the recording of the plat and obtaining Building Permits for the new development. The Developer has agreed to deposit a $22,167.15 cash, or 110% of the estimated cost of constructing the required improvements, in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3.b) (1). Construction plans for the installation of the water main will be reviewed and approved by the City prior to execution of the Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A Saratoga Center Block 1, Lots 11, 12, 13, 14, 12~ ~d 16 LOCATION MAP N.T.S. EXHIBIT B WATERLINE IMPROVEMENTS TO LOTS 11, 15, AND 16, BLOCK 1 SARATOGA CENTER SUBDIVISION 0 100 200 GRAPHIC SCALE II. ENGINEERINGI DATE: 12-18-04 By: MH/crr EXHIBIT C DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi ("City") and Dr. J. Patdck Moran ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Saratoga Center Block 1, Lots 11-16, which was approved by Planning Commission on November 17, 2004, a copy of the plat is attached and incorporated as Exhibit "1" WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, including construction of 588 linear feet of a 8-inch water line as shown on Exhibit "2", before the final plat is endorsed by the City's Director of Engineering. Detail construction drawings will be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; and WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, ol~ the Platting Ordinance; and WHEREAS, the Developer has endorsed a cashier check payable to the City of Corpus Christi in the amount of twenty two thousand, one hundred sixty seven dollars and fifteen cents ($22,167.15), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "3", with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A, Subparagraph 3.6) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: The City agrees to waive the requirement that required improvements be seventy-five percent (75%) completed before the final plat is endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the required improvements, including EXHIBIT D 2 construction of 588 linear feet of an 8-inch PVC water main, for up to twelve (12) months [rom the date o[ this Determent Agreement. The Developer agrees to deposit twenty two thousand, one hundred sixty seven dollars and fifteen cents ($22,167.15), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, on or before the plat is filed with the County Clerk, and it the deposit is not made by that time this Agreement shall become null and void. The Developer agrees to construct the required improvements, including construction ol: [he 8-inch PVC water main to serve Saratoga Center in accordance with the City's engineering standards in effect at the time of construction. The principal amount of twenty two thousand, one hundred sixty seven dollars and fifteen cents ($22,167_15) shall be placed by the City in an interest-bearing account and the total sum, both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both padies, by and through their designated representatives, for use by the Developer solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. Upon completion of the required improvements, including the construction of the 8-inch PVC water main, by January 31, 2006, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Dr. J. Patrick Moran 3401 - C Ocean Drive. Corpus Christi, Texas 78411 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. If the required improvements, including construction of the of the 8-inch PVC water main, have not been completed by January 31, 2006, or il: the Developer fails to deposit any increase security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance ol: the amounts received, including any interest earned, to the appropriate City l:und and the City will then begin completion of the required improvements, including construction of the of the 8-inch PVC water main with any monies received from the Developer, both principal and interest, remaining after completion of construction bein9 refunded by the City to the Developer. If City constructs all or any part of the improvements, the Developer agrees to 10. 11. 12. 13. 14. reimburse the City for any additional cost of the improvements, if the sum of money and interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the required improvements, including construction of the of the 8-inch PVC water main, with related infrastructure the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer written notice by cedified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. Ir the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. The Developer covenants to construct the required improvements, and that such covenant shall be a covenant running with the land. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Delerment Agreement Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with the City o[ Corpus Chdsti Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure o[ Ownership interests form attached hereto (Exhibit "4"). 16. EXECUTED in triplicate this __ This Agreement shall be executed in triplicate, all original copies o[ which shall be considered one instrument. When all original copies have been executed by the City, and at least ~'o odginal copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. u~ j. I-'alrlCK Moran ("Developer") 3401 -C Ocean ddve Corpus Christi, Texas 78411 Telephone: (361) 852-2011 Facsimile: (261) 880-3501 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the __ 2005, by Dr. J. Patrick Moran. day of .:--';~:.r~;;".. E. RENE RODRIGUEZ .' ~_' %'~'~ Nolary Public ~.~;!}: ' ' Stale o( Texas April 25, 2008 NOTARY PUBLIC~/~E OF TEXAS De[erment Agreement CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 A'UDEST: By: ARMANDO CHAPA, City Secretary By: George K. Noe City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2005, by George K. Noe, Cib/Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This ,/~ day of 2005. By: Joseph H n~ey //-~)/ Assistant City Attomey For City Attorney ITEM DESCRIPTION WATERLINE IMPROVEMENTS: I 8" PVC C-900 2 8" Gate Valve and Box 3 I:ire Hydrant Complete In-Place 4 8" Cap with 2" Blowoff and Valve 5 Tie to Existing _Waterline QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST 560 588 LF $1_7.00 $9,996.00 4 4 EA $700.00 $2,800.00 2 2 EA $2,500.00 $5,000.00 2 2 EA $225.00 $450.00 1 I LS $500.00 $500.00 TOTAL ESTIMATED IMPROVEIV ENTS COSTS: $18,746.0~ ENGINEERING @ 7.5%: SUB-TOTAL: ORDINANCE REQUI~EME/~T FOR +10%: GRAND TOTAL: $1,405.95 $20,151.9~5 $2,015.20 $22,167.15 EXHIBIT I (Pa~e J 1 of 2 WATERLINE IMPROVEMENTS TO LOTS 11, 15, AND 16, BLOCK 1 SARATOGA CENTER SUBDIVISION 100 20o I , GRAPHIC SCALE (J'~ ENC;INEERINO J JOB NO. DATE: 12-16-04 EXHIBIT 2 t Walter Ja~rin -~WATE~LINE E~'DIMATE ~ Page ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT 5% PRICE TOTAJ_ COST WATE :~LINE IMPROVEMENTS: I 8" PVC C-900 560 568 -LF $17.00 $9,996.00- 2 8" Gate Valve and Box 4 4 EA $700.00 $2,800.00 3 Fire Hydrant Complete In-Place 2 2 EA $2,500.00 $5,000.00 4 8" Cap with 2" Blowoff and Valve 2 2 EA $225.00 $450.00 ~5___Tie to Existing Waterline 1 1 LS $500.00 $500.00 TOTAL ESTIIVIATED IMPROVEN' ENTS COSTS: ENGINEERING L~. 7.5%: SUB-TOTAL: ORDINANCE REQUIREMENT FOR +10%: $16,746.00 $1,405.95 $20,151.95 $2,015.20 GRAND TOTAL: $22,167.15 EXHIBIT 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City M Coq~Js ChdslJ ordinance 17112, as amended, requires all persons or lirms ~ing lo do busir~ss with ~ City lo provide ~ following info.'nation. Every question must be answered Iflhe question is not applicable, arrswer with 'NAt 78411 State the names o[ each "employee' of the City of C_.oq~s ChdslJ having an 'ownemhip interest' co~slib, flJng 3% or rno~e of t~e ownership in the above named "firm'. Name Job TiUe and City De~rb'r~eet (if know~) N/A FIRST NAME: J, Pafrick M~ran STREET: 3401-C Ocean Drive CITY: CC, TX ZIP: FIRM IS: [~1. Corporation ~ Partnership ,,~3. Sole Owner [~4. Assoc~alion ~5. Olhe¢ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse ~ of ~his page or attach separate sheet 1. State the names of ~ 'official' of the City of Corpus ChrislJ having an 'ownership interest' o:~slJtufing 3% or more of the ownemhip in the above named "firm'. Name TdJe N/A Slate the names of each "board member' of the City of Corpus ChdstJ having an 'ownemhip interest' co,~slJtuting 3% or more of the ownership in the above named "firm'. Name Board, Commission, or C.~'nmittee N/A Slate the names o1' each employee of officer o1' a "consultant' for ~ City of ~ C/ndslt who worked o~ any matter related to Ihe subject of Ibis c~ntract and has an "ownership interest' c~tslA'ufing 35 or mo.re of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I cerlJfy that alt information provided is [rue and correct as of the date of this statement, that I have not knowingly withheld disclosure of any info~Tnalion requested; and IhaI supplemental statements will be promptly submitted to the City of Corpus ChrislJ, Texas as changes occur. EXHIBIT 4 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 18, 2005 AGENDA ITEM: Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 IYom unreserved I:und balance I:or Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and dectadng an emergency ISSUE: The funding plan for the Airport Landside Roadway System Reconstruction Improvements included funds from Passenger Facility Charges up to $2,089,744. To complete Phase I and II of this project, we are appropriating $787,067 of the funds allowable for the project and available at this time. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 1. September 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31, 1997 (Ord. 021483) 2. September 9, 1997 - Ordinance extending the collection3 pedod from October 31, 1997 to May 31, 1998 (Ord 023057) 3. December 18, 1997 - Ordinance to submit an application (No. 2) to FAA to collect and use a Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period ol: twenty years beginning June 1, 1998 (Ord. 023165) 4. September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge applicalJon increasing the allowable collections and extending the collection pedod to Apdl 1, 2023. (Ord. 024603) 5. September 18, 2001 - Ordinance appropriating Passenger Facility Charge applicafio~ reimbursement to the city for approved PFC funded projects previously paid from Airpor/Capital Reserves, Bonds, Interest and operating AJnds and for the Terminal Building Reconstruction project. (Ord. 024585) 6. January 14, 2003 - Ordinance authorizing an amendment to the Passe~-~ger Facility Charge application increasing the PFC collections from $3.00 to $4.50 and extending the collection pedod to January 1, 2027. (Ord. 025166) 7. March 25, 2003 - Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621; transferring $730,537 into the Airport 2000A Debt Service Fund 4640 and $265,275 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; Amending FY 2002-2003 Capital Budget adopted by Ordinance no. 025144 to increase appropriations by $995,812; and dedanng an emergency 8. October 14, 2003 - Ordinance appropnating $508,848 in Passenger Facility Charge Fund 4621 I~rom unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and dectadng an emergency. (Ord 025519) 9. May 11, 2004 - Ordinance apprppdating $1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-21304 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency FUNDING: Funds am available in Passenger Facility Charge Fund 4621 $787,067 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Dave Hamrick Diredor of Aviation Attachments: Exhibit A: Background BACKGROUNDINFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Fadlity Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved Ute application and issued a Record of Decision dated Apdl 14, 1998 stating PFC collections would begin July 1, 1998 for a pedod of approximately 20 years, or until ~ full amount approved for collection has been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FAA on June 25, 2001. The approved amendment includes revisions to project scopes and/or budgets for completed, in-progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council-adopted Airport Capital Improvement Program, inciuding the Terminal ConsffuctJon Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. This transfer will allow the funding in order to complete I~e Landside Roadway Improvements at the Airport_ Exhibit A ORDINANCE APPROPRIATING $787,067 IN PASSENGER FACILITY CHARGE FUND 4621 FROM UNRESERVED FUND BALANCE FOR AIRPORT LANDSlDE ROADWAY SYSTEM RECONSTRUCTION IMPROVEMENTS; AMENDING FY 2003- 2004 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 TO INCREASE APPROPRIATIONS BY $787,067; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $787,067 is appropriated in Passenger Facility Charge Fund 4621 from Unreserved Fund Balance for airport landside roadway system reconstruction improvements. SECTION 2. That FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 is amended to increase Fund 4621 appropriations by $787,067. SECTION 3. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January /.~ , 2005 ~o~n P. Burke, Jr. -~ ' ~sistant City Attomey For City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 20 CITY COUNCIL AGENDA MEMORANDUM January 18, 2005 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapters 2, 17 and 39, regarding political participation of City employees, resign to run restrictions, and homestead exemption provisions, to correspond with election results; providing for severance; and providing for publication. ISSUE: Ordinances need to be updated to reflect Charter amendments and passage of propositions. REQUIRED COUNCIL ACTION: Approval of the Ordinance. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. Mary KlCy P i s cJ, f'er - City Attorney BACKGROUND INFORMATION On November 2, 2004, voters approved Charter Amendments No. 4 and No. 5. Charter Amendment No. 4 amended Article VII, Section 4 of the City Charter to allow city employees, other than managerial employees and employees in the city secretary's office, to participate in political activities, provided that. no political activities may be conducted while in uniform, on duty, or using city resources, and no coercion or retaliation is allowed Section 39- 15 requires repeal to correspond with the Charter amendment. Charter Amendment No, 5 amended Article VII, Section 5 of the City Charter to simplify the existing restrictions concerning City officials and employees running for other public office, without making any substantive changes in the restrictions, Section 2-60 requires amendment to correspond with the Charter amendment. Additionally, Section 17-34 of the Code is being repealed to correspond with current homestead exemption, Editor's Notes will be added to reference the ordinances canvassing the elections. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTERS 2, 17 AND 39, REGARDING POLITICAL PARTICIPATION OF CITY EMPLOYEES, RESIGN TO RUN RESTRICTIONS, AND HOMESTEAD EXEMPTION PROVISIONS, TO CORRESPOND WITH ELECTION RESULTS; AND PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, in Special Election held November 2, 2004, ordered in Ordinance 025913 and canvassed in Ordinance 026022, proposed Charter Amendments regarding political participation by City employees (Charter Amendment No. 4) and resign to run restrictions (Charter Amendment No. 5) passed; WHEREAS, Charter Amendment No. 4 amended City Charter, Article VII, Section 4, to allow City employees, other than managerial employees and employees in the City Secretary's Office, to participate in political activities on City-related issues provided that no political activities may be conducted while in uniform, on duty, or using City resources, and no coercion or retaliation is allowed against City employees for engaging in protected political activities, and Section 39-15 of the City Code of Ordinances requires repeal to correspond with the Charter amendment; WHEREAS, historically the City Charter has included requirements that members of the City Council and other City officials must resign their City positions if they seek other public office, and Charter Amendment No. 5 which amended City Charter, Article VII, Section 5, was designed to make the current restrictions clearer and easier to follow, but was not a major change to the existing Charter provisions, and Section 2-60 of the City Code of Ordinances requires amendment to correspond with the Charter amendment; WHEREAS, in Special Election held November 2, 2004, ordered in Ordinance 025913 and canvassed in Ordinance 026022, the proposition to establish a permanent ad valorem tax freeze on residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses passed; WHEREAS, in election held April 4, 1987, ordered in Ordinance 19638 and canvassed in Ordinance 19692, the proposition providing for the adoption of an exemption from ad valorem taxation in the amount of $50,000 of the appraised value of the residence homestead of an individual who is disabled or is 65 years of age or older passed, and Section 17-34 of the City Code of Ordinances requires repeal to correspond with the homestead exemption propositions; and WHEREAS, the City Code of Ordinances is being amended lo correspond with election results; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Jan 2005 Code arneodments re election results DOC SECTION 1. The second paragraph of Section 2-60, Declaration of policy, disqualification of members seeking other office, is deleted, to read as follows: "Sec. 2-60. Declaration of policy; disqualification of members seeking other office. "It is hereby declared to be the policy of the city council that the appointment to membership on boards, commissions and committees is a distinct honor and trust imposed in the appointee and involves the corresponding obligation of the appointee to serve his community in the capacity of member of such board, commission or committee by regular attendance and participation in the proceedings of the respective bodies. In the event any member of any committee, board or commission shall announce as a candidate for nomination or election to any elective public office, or campaign for nomination or election to any public office, or be appointed to any elective public office, such member shall automatically cease, to be an active member of such committee, board or commission, and tho respective body shall certify such fact to inform the council of such vacancy so as to enable the council to fill such vacancy by prompt appointment. "Public office" as used in this section docs not include any office in any political party." SECTION 2. Sec. 17-34 of the City Code of Ordinances is repealed in its entirety. Soc. 17 34. Homestead ad valorem tax exemption to persons sixty five or over. There is hereby exempted from all ad valorem taxes levied after January 1, 1974, four thousand dollars ($4,000.00) of the assessed taxable value of residence homesteads as that term is defined by the state constitution and law of persons sixty five (65) years of age or older; provided, however, the exemption will not attach to any residence homesto,ad until and unless tho owner thereof or his duly authorized agent or attorney has applied at thc city tax office for tho exemption completely executing the form cst out herein, or any revision thereof which includes an affirmative statement that the applicant is sixty five (65) years of age or older, is owner of tho property for which the exemption is sought, applicant resides on the property, property is homesteaded under constitution and laws of the state, the form is signed by thc head of the family and acknowledged by a clerk of the tax office. Said form shall be executed bet-,voon January first and April thirtieth of each year and failure to execute and file said form by Apdl thirtieth of any year forfeits the exemption for that year. However, the city tax assessor may, for good cause shown, waive the April thirtieth deadline upon the sworn affidavit of the applicant, so long as such late filing privilege grant will not, in thc evaluation of the city tax assessor collector, materially contribute to the delay or increase the expense of the preparation of the city tax roll. APPLICATION FOR $4,000.00 ASSESSMENT EXEMPTION FOR PERSONS 65 YEARS OLD OR OLDER JAN 2005 CODE AMENDMENTS RE ELECTION RESULTS.DOC Date 1. Description of Property: 2. Ownership of Described Property: 3. Names and ages of persons residing at Property: 4. Is Property Described Homestead as that term is defined under the Constitution and Laws of the State of Texas? Yes No 5. By signing this form I hereby affirm that thc foregoing statements are true and correct and I am the head of the family residing in the aforesaid homestead. Signature Acknowledgment: Clerk, Tax Office This 6oction is and shall be construed as cumulative of all other ordinances and merely adds the aforesaid exemption upon proper application. (Ord. No. 11247, §§ 1, 2, I 10 73; Ord. No. 11918, § 1, 2 20 74; Ord. No. 12211, § 1, 8 SECTION 3. Section 39-15, Political activities of city employees, is repealed in its entirety. Sec. 39 15. Political activities of city employees. (a) Purpose. The purpose of thic section is to clearly establish prohibited and permissible political activities for all city employees, classified or unclassified, except those otherwise regulated by federal or state law. (b) Policy It is the policy of the City of Corpus Christi that city employees be prohibited from taking an active part in campaigns for city elective office except as a candidate for an office under the City Charter. It is similarly city policy that, except where expressly provided otherwise, city employees shall have the right to fully participate in political activities other than campaigns for city elective office. It is the purpose of this section to specifically delineate those activities which city employees may and may not participate in. (c) Regulated activities. JAN 2005 CODE AMENDMENTS RE ELECTION RESULTS DOC (1) To avoid undue influence of city employees on the outcome of city council elections and to avoid undue influence of city councilmen or candidates for city council on city employees, the following restrictions are imposed: a. No employee of the city or association of such employees may publicly endorse or actively support candidates for the city council or any political organization or association organized to support candidates for the city council; b. No employee of the city may circulate petitions for city council candidates, although he may sign such a petition; c. No employee of the city may contribute, directly or indirectly or through an organization or association to such a campaign nor solicit or receive contributions for a city co~ncil candidate; d. No employee of the city may wear city council campaign buttons nor distribute campaign literature at work or in a city uniform or in the offices or buildings of tho City of Corpus Christi. (2) An employee of the city may not: a. Use the prestige of his position with tho city for any partisan candidate; b. Manage a partisan political campaign; c. Solicit or receive contributions for such a campaign; d. Actively support a candidate except on his own time while not in a city uniform nor in an office or building of the city. (3) The following activities are permitted: a. City employees may place city council campaign signs in their yards and on the F~remices of their homee; b City employees may place bumper stickers on the vehicles which they own but not on a car the uso of which is supported in whole or part by a car allowance; c. The spouses of city employees may contribute to the campaign of a city council candidate and may solicit and receive contributions for a city council candidate; d. The spouses of city employees, and associations and organizations of spouses of city employees, may publicly endorse and actively support city council candidates; e. Tho spouses of city employees, and associations and organizations of spouses of city employees, may circulate petitions for city oouncil candidates; and JAN 2005 CODE AMENDMENTS RE ELECTION RESULTS DOC f. An association or organization of city employees may mail or otherwise distribute endorsements of city council candidates to the city employee members of such organization or association. ('1) An employee of the city who is a candidate for office under the City Charter may Campaign while on duty in a city uniform or in the offices or buildings of the city; b. Engage in the activities prohibited under subsection 39 17(c)(2). (d) Dissemination of factual information. Nothing herein shall be interpreted to prohibit the city staff from providing factual information about issues involved in a city eloction to all groups or individuals on an equal basis. No indication of preference for any candidate or proposition shall be made; provided, howovor, that city staff may discuss and oxplain the factual basic of staff recch-nmendations made prior to the campaign concerning issues involved in thc election; for instance, annexation and bond (e) Ruling on contemplated politic-31 activities. Any employee who is uncertain as to the application of these rules to an activity in which he/she wishes to engago shall request in writing that his/her dopartment head advise him/her as to the permissibility of the conduct. Such request shall include the date upon which the employoc foreseos participating in the activity, and the department head shall respond in writing within a reasonable timo theroaffer. SECTION 4. 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 of this ordinance be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. JAN 20~5 CODE AMENDMENTS RE ELECTION RESULTS.DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED A'I-I'EST: ,2005 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott this the __ day of ,2005. Armando Chapa City Secretary APPROVED: ~ . ,2005 Samuel L. NeaI, Jr. Mayor Lisa Aguilar/,~) Assistant City Attorney for City Attorney 6 Jan 2005 Code amendments re election resutts. DOC 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 21, 2004 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to amend the Long Term Lease Agreement with Host International, Inc. to provide for a storage area within the cargo facility at Corpus Cttristi International Airport at a rental rate which may change each fiscal year in accordance with airline rates and charges; providing for publication. ISSUE: Host International Inc. operates the News and Gift Shop at the Airport and is in need of storage space for merchandise for the news and girl shop The Airport has space available in the Cargo Facility and has agreed to provide 521 square feet of space for their use at a current annual rate of $35.70 per square foot. This rate may be adjusted annually at the begilming of the fiscal year in accordance with the Airline's rates and charges model. REQUIRED COUNCIL ACTION: Council approval as requested. PREVIOUS COUNCIL ACTION: 10/9/02- (Ord 025041) City Council authorized the City Manager to execute a short-term lease agreement with Host International, Inc., Bethesda, Maryland for news and gift concession at the Corpus Christi International Airport for a period not to exceed twelve months. 11/12/02 -(Ord 025091) City Council authorized the City Manager to execute a long-term lease agreement with Host International, Inc., Bethesda, Maryland for news and gift concession at the Corpus Christi International Airport for a period of ninety-six months. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of this item as presented. Attachments: Exhibit A - Background Information Deparlment Head Signature BACKGROUNDINFORMATION Itost Intemational Inc. currently operates the News and Gift Shop at the Airport and has for several years. They are in need of storage space for merchandise for the news and gift shop. The Airport has space available in the Cargo Facility which was completed in 2003. The Airport has agreed to provide 521 square feet of space for their use at a current annual rate of $35.70 per square foot. This rate may be adjusted annually at the beginning of the fiscal year in accordance with the Airline's rates and charges model. Exhibit A AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AMEND THE LONG TERM LEASE AGREEMENT WITH HOST INTERNATIONAL, INC. TO PROVIDE FOR A STORAGE AREA WITHIN THE CARGO FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT AT A RENTAL RATE WHICH MAY CHANGE EACH FISCAL YEAR IN ACCORDANCE WITH AIRLINE RATES AND CHARGES; PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to amend the long term lease agreement with Host Intemational, Inc. to provide for a storage area within the cargo facility at Corpus Chdsti International Airport at a rental rate which may change each fiscal year in accordance with aidine rates and charges. SECTION 2. Amendment to the Lease shall become effective upon the expiration of 60 days following its date of final adoption by the City Council. SECTION 3. Publication will be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. ATFEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor The City of Corpus Chdsti By: APPROVED the /~ dayof j~)~ urke, Jr. City Attorney omey ,2004. That the foregoing ordinance was read for the first time and passed to its second reading on this the~d_Y4~ay of ~)~.~, 2004, by the following vote: Samuel L. Neal, Jr. ~ Rex A. Kilmison ~ Brent Chesney Javier D. Colmenero Melody Cooper Jesse Noyola Henry Garrett (~ Mark Scott ~ Bill Kelly C~ That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Hem-y Garrett Bill Kelly APPROVED AND PASSED on this Mark Scott day of ,2004_ AITFEST: Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM on the John P. Burke, Jr. Assistant City Attorney Samuel L. Neal, Jr., Mayor __ day of ,2004. 22 CITY COUNCIL AGENDA MEMORANDUM Janua~ 18,2005 AGENDA ITEM: Public headng to consider abandoning and vacating a 4,380-square foot portion of a 22.60- foot wide alley right-of-way, be[ween Lots 1-6 & 7-11, Block 2, Furman Addition (be[ween Hancock Avenue and Furman Avenue) east of S. Carancahua Street. Ordinance abandoning and vacating a 4,380-square foot portion of a 22.60-foot wide alley right-of-way, be[ween Lots 1-6 & 7-11, Block 2, Furman Addition (be[ween HancockAvenue and Furman Avenue) east of S. Carancahua Street; subject to owner's compliance with the specified conditions. ISSUE: The Morris L. Lichtenstein, Jr. Foundation, is requesting the vacating and abandonment of the alley right-of-way to allow for the future construction of an apartment complex. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any podion of alley dght-o[-way City Code requires a public hearing pdor to the vacating and abandonment of any alley right-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Director of Development Services Attachments: Exhibit A - Background information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Morris L. Lichtenstein, Jr. Foundation, is requesting the abandonment and vacation of a 4,380-square foot portion of a 22.60-foot wide alley right-of-way, between Lots 1-6 & 7- 11, Block 2, Furman Addition. The alley right-of-way to be abandoned and vacated is located between Hancock Avenue and Furman Avenue and is in a "B-5" Primary Business District. The 22.60' wide alley right-of-way is located between in Lots 1-6, & 7-11, Block 2, Furman Addition. The said portion of the alley right-of-way is being abandoned and vacated to allow for the construction of 158 downtown living units. All public and franchised utilities were contacted regarding this closure request and there were some concerns received by several of the utility companies. City Gas Department has an existing 2" gas line that will have to be re-routed at owner's expense. City Water Department has an existing 2' waterline that would have to be killed in place at owner's expense. Watewater Department has two (2) existing 8" sanitary sewer lines that will have to be abandoned in place at owner's expense. AEP will have to relocate an existing primary and secondary line at owner's expense. Owner is to dedicate at owner's expense a pdvate SBC easement (8' wide x 300' long) by separate instrument for an existing 9-way conduit system, plus 2 spans of aerial cable and additional conduit and cable box. TimeWarner will have to relocate an existing aerial cable at owner's expense. In accordance with City Code 49-12. (1), closure of this alley section to be acquired by The Morris L. Lichtenstein, Jr. Foundation is not required to pay fair market value. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, AICP, Director of Development Services DATE: January 10, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: January 18, 2005 ORDINANCE CAPTION: a. Public headng to consider abandoning and vacating a 4,380-square foot portion of a 22.60-foot wide alley right-of- way, between Lots 1-6 & 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of S. Carancahua Street. b. Ordinance abandoning and vacadng a 4,380-square foot portion or a 22.60-foot wide alley dght.-of-way, between Lots 1~ & 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of S. Carancahua Street; subject to owner's compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 21, oir the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: In accordance with City Code 49-12. (1), closure of this alley section to be acquired by The Moms L. Lichtenstein, Jr. Foundation is not required to pay fair market value. 2. Owner is to reroute an existing 2-inch city gas line, abandon in place an existing 2qnch city waterline, and abandon in place two (2) existing 8-inch city sanitary sewer lines, all at owner's expense. 3. Owner is to relocate an existing primary and secondary AEP line and existing TimeWamer aerial cable at owner's expense. 4. Owner is to dedicate at owner's expense a private SBC easement (8' wide x 300' long) by separate instrument and install 3 additional conduits for an existing 9-way conduit system, plus 2 spans of aedal cable and additional conduit and cable box. 5. Owner is to reconsb"uct a concrete curb & gutter on Furman Avenue and Hancock Avenue at each end of the alley right-of-way, at owner's expense 6. Upon approval from Council and ordinance issued, all grants of alley 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. 7. 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. REQUESTED BY: '~~ctor of Development Services DATE: [' Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 4,380-SQUARE FOOT PORTION OF A 22.60 FOOT WIDE ALLEY RIGHT.F-WAY, BET'WEEN LOTS 14 & 7-11, BLOCK 2, FURMAN ADDITION (BE'rWEEN HANCOCK AVENUE AND FURMAN AVENUE) EAST OF S. CARANCAHUA STREET; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 4,380-square foot portion of a 22.60 foot wide alley right-of-way, between Lots 1-6 & 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of S. Carancahua Street right-of-way, as recorded in Volume A, Page 21, Map Records Nueces Counb/, Texas, that the owner, Morris L. Lichtenstein, Jr. Foundation, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way 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 4,380-square foot portion of a 22.60 feet wide alley right-of-way, between Lots 1-6 & 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of S. Carancahua Street right-of-way, as recorded in Volume A, Page 21, Map Records Nueces County, Texas, abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is exempt from payment of the fair market value due to the alley right--of- way being acquired by the abutting property owner, as per Sec_ 49-12_ Owner is to re-route an existing 2-inch city gas line, kill in place an exisiting 2- inch city waterline, and abandon in place two (2) existing 8-inch city sanitary sewer lines, all at Owner's expense. Owner is to relocate an existing pdmary and secondary AEP line and existing TimeWamer aerial cable at Owner's expense. Owner is to dedicate, at Owner's expense, a private SBC easement (8 foot wide by 300 foot long) by separate instrument for an existing 9-way conduit system, plus 2 spans of aerial cable and additional conduit and cable box. Owner is to reconstruct a concrete curb and gutter on Furman Avenue and Hancock Avenue at each end of the alley right-of-way, at Owner's expense. HSLEG-DIR~loseph\ORD-Fur-alley-av.doc Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 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. H:\LEG-DIRXJoseph\ORD-Fur-alley-av.doc 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 ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the A'I-rEST: day of ,2005. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ~,,~.~/~' .2005 By: Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor H:~LEG-DlRLloseph\ORD-Fur-alley-av.doc LOCATION MAP N,T.~;, ALLEY CLOSURE LOTS 1-6, BLOCK 2 FURMAN ADDITION EXHIBIT C 23 CITY COUNCIL AGENDA MEMORANDUM Januaw 18,2005 AGENDA ITEM: Public headng to consider abandoning and vacating a 6,394.30-square foot podion of the S. Carancahua Street right-of-way, north of Hancock Avenue; and the Hancock Avenue right- of-way, east of S. Carancahua Street. Ordinance abandoning and vacating a 6,394.30-square foot portion of the S. Carancahua Street right-of-way, nodh of Hancock Avenue; and the Hancock Avenue dght.-of-way, east of S. Carancahua Street; subject to owner's compliance with the specified conditions. ISSUE: The Morris L Lichlenstein, Jr. Foundation, is requesting the vacating and abandonment of the street rights-of-way to allow for the future construction of 158 downtown living units. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing pdor to the vacating and abandonment of any street rights-of-way RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. ~ m~ent Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Morris L. Lichtenstein, Jr. Foundation, is requesting the abandonment and vacation of a 6,394.30-square foot portion of the S. Carancahua Street right--of-way (ROW), north of Hancock Avenue; and the Hancock Avenue right-of-way, east ofS. Carancahua Street. The Hancock Avenue and S. Carancahua Street area is in a "B-5" Pdmary Business District. The said portion of Hancock Avenue and S. Carancahua Street rights-of-way are being abandoned and vacated to provide a better safer alignment for the public as part of the new apartment complex being constructed in the area. All public and franchised utilities were contacted regarding this closure request and there were some concerns received by several of the public and franchised utility companies. SBC has an existing underground cable and AEP has an existing aedal cable on a portion of the Hancock Avenue ROW and are asking that the Owner retain the entire width of the Hancock Avenue ROW proposed for closure as a utility easement, at owner's expense. Storm Water has a portion of existing 12" RCP's and two (2) existing storm inlets in the Hancock Avenue ROW portion of right-of-way proposed for closure that will have to be removed, at owner's expense. Development Services is asking that Owner upgrade an existing 12" RCP storm sewer line on the Hancock Avenue ROW to a 15" RCP storm sewer line. The City Water, Wastewater, and Storm Water Departments, along with SBC and AEP, all have existing utilities within the podion of S. Carancahua Street ROW proposed for closure and want the Owner to retain a 50-foot wide utility easement, at owner's expense. Traffic Engineering is requiring a right-turn lane to be reconstructed at the Hancock Ave. and Carancahua St. intersection, at owner's expense, which may off-set the fair market value. Staff recommends that Owner pay a fair market value fee of $ 41520.00 for the 2,699.90-square feet net difference between the 6,394.30-square foot portion of the S. Carancahua Street right-of-way (ROW), north of Hancock Avenue; and the Hancock Avenue right-of-way, east of S. Carancahua Street and the 3,694.40-square feet of utility easement to be retained within both the Carancahua Street and Hancock Avenue street rights-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, AICP, Director of Development Services DATE: January 10, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: January 18. 2005 ORDINANCE CAPTION: Public headng to consider abandoning and vacating a 6,394.30-square root portion of the S Carancahua Skeet dghL-of-way, north of Hancock Avenue; and the Hancock Avenue right--of-way, east o[ S. Carancahua Street b. Ordinance abandoning and vacating a 6,394.30-square foot portion of the S. Carancahua Street right-of-way, nodh of Hancock Avenue; and the Hancock Avenue right-of-way, east of S. Carancahua Street; subject to owner's compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 21, of the Map Records of Nueces County, Texas. SPECIFIED CQNDITIONS AS PART OF CLOSURE: Staff recommends that the Owner pay the fair market value of ~; 4,~20.00 [or the abandonment and vacation of a 2,699.90-square foot portion of the S, Caraecahua Street right-of-way (ROW) and the Hancock Avenue right-of-way. Owner is to upgrade an existing 12" RCP storm sewer line on the Hancock Avenue ROW to a 15" RCP storm sewer line and remove a portion ol~ a 12" RCP with two existing storm sewer inlets on the Hancock Avenue ROW, at owner's expense, Owner must retain a 50-foot wide utility easement on the S. Carancahua Street ROW, north of Hancock Avenue to accommodate existing city utilities and existing pdvate franchised utilities, at owner's expense Reconstruction of a dghl-tum lane is required to be const/ucted at the Hancock Ave. and Carancahua St. in[erseclion, at owner's expense, which may off-set the fair market value. Upon approval from Council and ordinance issued, all grants of alley 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 censtruc~on, an up-to-date survey, absb'ected for all easements and items of record, must be submit[ed to the Director of Development Services. Owner must comply w~th all the specil~ed condilJor~s of the ordinance w~thin 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenua§ng circumstances outside the Owner's control necessitate an extension. REQUESTEO BY: Development Services Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 6,394.30-SQUARE FOOT PORTION OF THE S. CARANCAHUA STREET RIGHT-OF-WAY, NORTH OF HANCOCK AVENUE; AND THE HANCOCK AVENUE RIGHT-OF-WAY EAST OF S. CARANCAHUA STREET; SUBJECT TO OVVNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 6,394.30-square foot portion of the S. Carancahua Street right- of-way, north of Hancock Avenue; and the Hancock Avenue right-of-way east of S. Carancahua Street, as recorded in Volume A, Page 21, Map Records Nueces County, Texas, that the owner, Mords L. Lichtenstein, Jr. Foundation, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the public right-of-way 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 6,394.30-square foot portion of the S. Carancahua Street right- of-way, north of Hancock Avenue; and the Hancock Avenue right--of-way east of S. Carancahua Street, as recorded in Volume A, Page 21, Map Records Nueces County, Texas, abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value of $4,520.00 for the proposed vacation and abandonment of a 2,699.90-square foot portion of the S. Carancahua Street right-of-way and the Hancock Avenue right-of-way. Owner is to upgrade an existing 12-inch RCP storm sewer line on the Hancock Avenue right-of-way to a 15-inch RCP storm sewer line and remove a portion of a 12-inch RCP with two existing storm sewer inlets on the Hancock Avenue ROW, at Owner's expense. Reconstruction of a right-turn lane is required to be constructed at the Hancock Ave. and Carancahua Street intersection, at Owner's expense, which may offset fair market value. Owner must retain a 50-foot utility easement on the S. Carancahua Street ROW, north of Hancock Avenue, to accommodate existing city utilities and existing private franchised utilities, at Owner's expense. HSLEG-DIR~Ioseph\O RD-Car-Hah-ay.doc Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 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. H:~LEG-DlR~Joseph\ORD-Car-Han-av.doc 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 ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2005. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ~/.,,~-..~ /3, ,2005 By: Jose~Ha?ney~'~~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor H:~LEG-D[RD'oseph\ORD-Car-Han-a v.doc AVE. Loi 10, E~)c~ 2 Furman ¥oL A. Pg. 21. Rec~h, N~ec. CQ~tty, Lot 11, Btoc:k 2 Furrrmn Ad~don Pg. 21. Nuec~a County, N84'30'OO'E 131.18' 0.161 S84'30'00'W 202.24' HANCOCK AVENUE (R.O.W. v~aE5) STREET CLOSURE CARANCAHUA STREET and HANCOCK AVENUE EXHIBIT C c 24 CITY COUNCIL AGENDA MEMORANDUM Janua~ 18,2005 AGENDA ITEM: Public hearing to consider abandoning and vacating the 14,731-square feet of the Huntwick Avenue right-of-way extending south [rom the intersection with Saratoga Blvd. (SH 357) west of S. Staples Street (FM 2444); subject to compliance with the specified conditions Ordinance abandoning and vacating the 14,731-square feet o[ the Huntwick Avenue right--of- way extending south from the intersection with Saratoga Blvd. (SH 357) west of S. Staples Street (FM 2444); subject to compliance with the specified conditions. ISSUE: Urban Engineering, on behalf of the owner, Hunt Development, LTD, is requesting the abandonment and vacation of the dedicated public dght-o[-way to allow for the construction of a supermarket over the existing right-of-way. REQUIRED COUNCIL ACTION: City Charier 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 rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. B.A. Ba~'~, A'~CP ~'~ Director o-'lH~eloprr~t Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering, on behalf o[ the owner, Hunt Development, LTD, is requesting the abandonment and vacation of the 14,731-square foot portion of dedicated public right--of-way out of Lots 4-6, Block 1, Huntington Park Unit 2. The dedicated ROW to be abandoned and vacated is located in a "B-4" General Business District. The dedicated public ROW extends south [rom the intersection with Saratoga Blvd. (SH 357) and west of S. Staples Street (FM 2444). The said portion of public right-of-way is being abandoned and vacated to allow [or the construction o[ a supermarket parking lot over the existing right-of-way. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. City Water Department requires that the owner provide a set of City cons[ruction drawing for approval to relocate the existing public water line or dedicate a utility easement by separate instrument to serve that location. Fair market value [or the closure will be off-set in part or totally by the dedication of additional right- of-way. The owner has been advised of and concurs with the conditions o[ the right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, AICP, Director o[ Development Services DATE: January 10, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: January 18, 2005 ORDINANCE CAPTtON: Public hearing to consider abandoning and vacating the 14,731-square [eet of the Huntwick Avenue right-of-way extending south [rom the intersection with Saratoga Blvd. (SH 357) west of S. Staples Street (FM 2444); subject to compliance with the specified conditions Ordinance abandoning and vacating the 14,731-square feet of the Huntwick Avenue right-of-way extending south from the intersection with Saratoga Blvd. (SH 357) west of S. Staples Street (FM 2444); subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED tN ORDINANCE: Plat is recorded in Volume 57, Page 104, of the Map Records of Nuecos County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1. Fair market value for the closure will be off-set in part or totally by the dedication of additional right-of-way. 2. City Water Department requires that the owner provide a set of City construction drawing for approval to relocate the existing public water line or dedicate a utility easement by separate instrument to serve that location. 3. Upon approval [rom Council and ordinance issued, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director o[ Development Services. REQUESTED BY: P, Director o[ Development Services DATE: I't~ O~ Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING THE 14,73t-SQUARE FEET OF THE HUNTWICK AVENUE RIGHT-OF-WAY EXTENDING SOUTH FROM THE INTERSECTION WITH SARATOGA BLVD. (SH 357) WEST OF S. STAPLES STREET (FM 2~.~.); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is 14,731-square feet of the Huntwick Avenue right-of-way, extending south from the intersection with Saratoga Blvd. (SH 357) west of S. Staples Street (FM 2~'!.~.), as recorded in Volume 57, Page 104, Map Records Nueces County, Texas, that the owner, Hunt Development, Ltd., (Owner), wishes to have abandoned 'and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way 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 14,731-square feet of the Huntwick Street right-of-way, extending south from the intersection with Saratoga Blvd. (SH 357) west of S. Staples Street (FM 2444), as recorded in Volume 57, Page 104, Map Records Nueces County, Texas, abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value will be offset in part or totally by the dedication of additional right-of-way. Owner agrees to pay any balance due after offset is applied. City Water Department requires that the Owner provide a set of City approved construction plans for the water line that will be located on pdvate property to serve that location. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. 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. 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. H:~LEG-DIR~Joseph\ORD-Huntwick-av.doc 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 ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2005. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,~.~3 /~ ,2005 By: Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor H:~LEG-D 1 RUos~ph\ORD-Huntwick-av.doc Site  L~t e, ~_~on 5 b~-89'58'58" FIo~r Bluff ~'~d EJ~Ck~el F~-m end ~d~ T~ts R-IO.~' v~. & P~ 41-~, TiI~'[ M~ R~ of Nu~ ~nty. Texa, . ~ N2~'15~ 217.~9' ~ - ~ 14,731 ~FL LOT ~ ' ~ w. 57. .~ Map R~ of Nu~ ~nty, Texas L=15 71"1 ~ I~ HUNTWlCK AVENUE STREET ROW CLOSURE 25 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: January 18, 2005) Case No.:1204-06: Marwell Petroleum: A change of zoning from a "R-lB" One-family Dwelling District to an "I-2" Light Industrial District, resulting in a land use change from single family to light industrial. The property is 5.601 acres out of Tract 7 of the William Robertson Farm Tracts, located along the southwest comer of the Saratoga Boulevard and County Road 37 (Jurica Road). Planninll Commission and StafFs Recommendation (12/15/04): Approval. Requested Council Action: Approval of the "1-2" Light Industrial District and adoption of the atmched ordinance. Purpose of Request: Development of a petroleum office and warehouse complex. Summary: · The applicant is requesting a change of zoning on the subject property to an "I-2" Light Industrial District for the development ora petroleum office and warehouse complex on 5.60 acres. · The petroleum office is planned as a 2,500 square foot structure with the warehouse consisting of 7,500 square feet. · Water and wastewater demands for the subject property are anticipated at 11,202 gallons per day with an estimated solid waste demand of 200 lbs daily. General industrial type uses permitted on the subject properly typically generate 6.97 average daily haps per 1,000 gross floor area of building. The industrial complex would generate 69 average vehicle trips. The subject property has direct access to Saratoga Boulevard, a rural arterial, and County Road 37 (Junca Road), a rural collector. The Transportation Plan recommends Saratoga Boulevard be improved with Ixvo 37-foot back-to-back paved sections and a 26-foot wide median. The Texas Department of Transportation commenced improvements to this section of Saratoga Boulevard June 2004 and anticipates completion by December 2006. Across Saratoga Boulevard, north of the subject property, are several undeveloped "I-2" Light Industrial District lots with one lot developed as an industrial steel facility. To the south is property out of the city limits and developed as a lounge/bar. East of the subject property, across County Road 37 (Jurica Road) is undeveloped property located out of the city limits. Along the west boundary of the subject property is an "I-2" District developed as a lay down pipe yard. · The requested "I-2" Light Industrial District is consistent with the Westside future land use map. Agenda Memorandum Case 1204-06 (Mai.veil Petroleum) Al~l~licant's Position: The applicant concurs with the Planning Commission and Staff's recommendation. Notification: Of the 12 notices mailed to the surrounding property owners, l was returned in favor and none in opposition. The 20% rule Is not Invoked. This case is considered noncontroversial. Michal:l N. Gunning, AICP ~/ Assistant Director of Development Services MG/FGM/ca Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:XP LN-DIR\SHARED\CHRiSTAL\WOKD~AGENDMEMX.2005\1204436AGENDAMEMO.docDOC CITY COUNCIL ZONING REPORT Case No.: 1204-06 Planning Commission Hearing Date: December 15, 2004 Applicant: Marwell Petroleum Owner: Same as applicant Agent: Urban Engineering Legal Description/Location: Being 5.601 acres out of Tract 7, of the William Robertson Farm Tracts, located along the southwest comer of Saratoga Boulevard and County Road 37 (Jurica Road). ~ ~ From: "R-lB" One-family Dwelling District -. g To: "1-2" Light Industrial District t~ ~ Area: 5.60acres Purpose of Request: Development o£ a petroleum office and warehouse complex. Zoning Site "R-lB" One-family Dwelling District "1-2" North Light Industrial District South Out of City Limits (O.C.L.) East Out of City Limits (O.C L.) }Vest "I-2" Light Industrial District Existing Land Use Undeveloped land Undeveloped lots Lounge/Bar Undeveloped lots Pipe yard Future Land Use Light Industrial Light Industrial Light Industrial General Business Light Industrial Area Development Plan: Westside The future land use map recommends light industrial development for the subject property. The "1-2" Light Industrial District is consistent with the adopted plans. Map No.: 51037/52037 Zoning Violations: None Zoning Report Case No. 1204-06 (Mar~vell Petroleum) Page 2 The applicant is requesting a change of zoning on the subject property to an "I-2" Light Industrial for the development of a petroleum office and warehouse complex on 5.60 acres. The petroleum office is planned as a 2,500 square foot structure with the warehouse consisting of 7,500 square feet. Water and wastewater demands for the subject property are anticipated at 11,202 gallons per day with an estimated solid waste demand of 200 lbs daily. General industrial type uses permitted on the subject property typically generate 6.97 average daily trips per 1,000 gross floor area of building. The industrial complex would generate 69 average vehicle trips. The subject property has direct access to Saratoga Boulevard, a rural arterial, and County Road 37 (Jurica Road), a rural collector. The Transporlation Plan recommends Saratoga Boulevard be improved with two 37-foot back-to-back paved sections and a 26-foot wide median. The Texas Department of Transportation commenced improvements to this section of Saratoga Boulevard June 2004 and anticipates completion by December 2006. Across Saratoga Boulevard, north of the subject property, are several undeveloped "I-2" Light Industrial District lots with one lot developed as an industrial steel facility. To the south is property out of the city limits and developed as a lounge/bar. East of the subject property, across County Road 37 (Jurica Road) is undeveloped property located out of the city limits. Along the :vest boundary of the subject property is- an "I-2" District developed as a lay down pipe yard. The requested "I-2" Light Industrial District is consistent with the Westside future land use map. Street Type Paved Section Volume (2001) Saratoga Boulevard Rural arterial Current 120' ROW w/ 45' 4,980 a.d.t. paved section Planned - 120' ROW w/! 00' Bk. To Bk. pavement 50' R.OW. w/28" paved section County Road 37 (Jurica Road) Rural collector Not available Plat is being processed through Development Services Special Service Division. Zoning Report Case No. 1204-06 (Marwell Petroleum Page 3 The requested "I-2" Dislrtct is and west. an expansion of the ex sting 1-2" Distnct property to the north Approval of the "I-2' Light Industrial District. Approval of the "I-2" Light Industrial District. Number of Notices Mailed Favor 1 Opposition 0 (As of January 10, 2005) 12 Attachment: Zoning Map H 5p LN-DIR~ERM A~ WO RD~ZO N KP TS~004\ 12044)6 KEPO RT DOC 3-: R~/1B / / ./ / SUBJEC~T' PARCEL 2 T-lB FR OCL OCL NORTH 0 150 300 Feel Planning Comanission Minutes 12/15/04 Case 1204-06 (Marwell Petroleum) 1204-06 - Marwell Petroleum Request: Change of zoning from "R-lB" Chin-family Dwelling District to "I-2" Light-Industrial District, resulting in a land use change from low.tensity residential to light industrial. Excerpts from Zoning Report Legal Dexcription/£ocation: Being 5. 601 acres out of Tract 7, of the IFilliam Robertson Farm Tracts, located along the southwest corner of Saratoga Boulevard and County Road 37 (durica Road). Purpose of Request: Development ora petroleum office and warehouse complex. Area Development Plan. ~Ve~tside The future land use map recommends light industrial development for the subject property. The "1-2 "Light Industrial District i6' cottsistent with the adopted plans. Staffls Recommendation: Approval of the "I-2" Light Industrial District. Mrs. Faryce Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated tbat there were 12 notices mailed. None were received in t'avor or in opposition. The public bearing was opened. No one appeared to be in favor or in opposition, The public hearing was closed. A motion was made by Salazar and seconded by Smith to recommend approval as submitted. The motion passed with Pusley and Zamora absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARWELL PETROLEUM, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.60 ACRES OUT OF TRACT 7 OF THE WILLIAM ROBERTSON FARM TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; 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 Marwell Petroleum for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 15, 2004, during a meeting of the Planning Commission, and on Tuesday, January 18, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during 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, ne(~essity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning on 5.60 acres out of Tract 7 of the William Robertson Farm Tracts, located along the southwest comer of Saratoga Boulevard and County Road 37 otherwise known as Junca Road, from "R-lB" One-family Dwelling Distdct to "1-2" Light Industrial District, as shown on the attached Exhibit. (Map51037 & 52037) SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. 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 4. 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. Page 2 of 3 SECTION 5, That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (I) 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 18th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED ~/~ ,~ ~.-~ Joseph a~mey/'/- -~ Assistant City Attorney For City Attorney / ~ 2005 H:~.EG-OlRUoseph~Zonlng-04\1204~6 regular doc Page 3 of 3 Corpus Christi, Texas __day of ,2005 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 [wo regular meetings. I/we, therefore, request that you suspend said Charier rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The 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 William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~_EC.-~tR~Joseph~_oning-04~1204~)6 regular.doc 01/12/2005 10:51 30i8263008 CITY OF C.C. DEV SER PAGE 02/05 (361)~54-3101 EN(51NEERING P.O, BOX 6355 - CORP~ CHRI$'~, T~XAS 78466-~ iq'o. 39704_00.01 Ocl~l~r 18, 2004 ~AX (361)8~.S4-6~01 Re-Znnlue Stat~ of Texas County ot'Nueces Fieldnotes for the rezoning o£ a 5.601 am tract of land consB0n§ of a port/on of gamtoga Boul~d, a 120.00 foot wide pubtic roadway, and a 4.88 a~rc ~ of land out of a 5.00 ar;re ~'act o[lald d¢~ribed in deed recorded ~n Document No. 199801710:], Official Records of Nuece$ County, Texa*, out o£Tract 7 oFth¢ William Rob~rt~on Fm-m Tracts, a m~ of which is r~.orded in Volume ], Page 31, M,~ Records of Nueces County. Texas; said 5.601 acre ~act being mor~ fully described by metes and bounds ~s follow~: Beginning at a 5/8 inch iron rod wtth md plastic cap stamped "Urban Eng~ C.C. Tx" found on the northwest boundary of County Road 37, a 40.00 foot wide public roadway, ~or the south comer of this tract, fi'om which point the south comer of thc aforemt-ntloned 5.00 acre t~ct bears South 61°13~15' E~I, a distance of 10.00 feet; Thence, North 6l°13'15" Wast, a distance ot'369.68 ~ct rot the west comer of this Iract; Thence, North 29010'43" East, at 600.02 feet pass The northwest cornel' of said 4.88 acre tact, in all a tol~[ disiance of 64)0.02 feet to a point on the ccnterline of' said Saratoga Boulevard, for thc north comer o£this tra~; Th*ncc, South 61°!3'15" A~ along thc centerlinc of said Sarabaga Boulevard, a distlmce of 3~9.68 lsat to a polm at thc int~'section of the northwest tmundary of said County Road 37 with the ceriterline o£said l~a~coga Boulevard; Tbtmcc, South 29°10'43'' West, along the northw~t boundary of said Core,eft Rold 37, ~t 155.00 Bog[truing and ~mining 5.601 acres (243,99O ~c!m~* feet) of land. Besrlnss based on deed r~orded in Do~um~mt No. 1~98017103, Official Public Records of Nueces Count)', Texas. Unless this flclthlote~ d~s~ripfion, including preamble, ,e~l and signature, app~am in iU ~,r~y, in original fo, m, {urwyur assumes no respons~il~ for it~ ac~. Urban Engineering ,'.".'"...*.% 2725 SW^NTNER DR. ,,. 01/12/2~05 i~:51 3618263006 CITY OF C.C. DEV SER PAGE 03/05 26 AGENDA MEMORANDUM PUBLIC ItEARING ZONING (City Council Action Date: January 18, 2005) Case No.: 12044)8: Coastal Community and Teachers Credit Union: A change of zoning from an "AB" Professional Office Dis~ict to a "B-I" Neighborhood Business Dismct, resulting in change of land use from professional office to neighborhood business. The property is located 1.987 acres out o£Tract No. 1, Nueces County Health, Welfare and Safety Center, located along the southwest comer of Trojan Drive and Prescott Street. Planninlt Commission and Staffs Recommendation 112/15/04~: Approval. Retluested Council Action: Approval of the "B-i' Neighborhood Business District and adoption of the attached ordinance. Purpose of Request: Renovate existing structure into a credit union with four drive-up lanes. Summary: Applicant requesting a change of zoning to "B-I" Neighborhood Business District for the development ora credit union facility comprised of the existing 8,000 square feet of office space and an additional four (4) drive-up banking lanes, as well as an ATM. · The subject property consists of approximately 1.98 acres The subject property is located within the Westside Area Development Plan area. The future land use map recommends Public/Semi-Public uses for the property. Southeast of the subject property is developed "B-1" District properly and developed "B4" District property to the east. The proposed credit union project will generate approximately 296 average daily trips (ADT). It is expected to have no adverse impact on the surrounding neighborhood as the credit union is currently located to the southeast of the proposed location. · The projected traffic generated by the proposed development (A.D.T.) can be accommodated by Prescott Avenue, a designated urban collector street, and Trojan Drive, a local street. · The demand for water/wastewater service of the commercial business is projected at 3,974 gallons per day with a solid waste demand o£ 80 lbs. daily. A~plicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 9 notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial.~. ~ning,~ Assistant Director of Development Services Agenda Memorandum Case 1204-08 (Coastal Community and Teachers Credit Union) MG/FGIWca Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~PLN-DIR\SHARED\CHRISTAL~WORD~AGENDMEM~2005\ 1204-08AGENDAMEMO.docDOC CI'TY COUNCI'L ZONI'NG REPORT Case No.: 1204-08 Planning Commission Hearing Date: December 15, 2004 Applicant: Coastal Community and Teachers Credit Union Owner: Nueces County Agent: Ken Combs Realtors Ken Combs Legal Description/Location: Being 1.98 acres out of Tract No. 1, Nueces County Health, Welfare and Safety Center, located along the southwest comer of Trojan Drive and Prescott Street. From: "AB" Professional Office District To: "B-I" Neighborhood Business District Area: 1.98 acres Purpose of Request: Renovate existing structure into a credit union with four drive-up lanes. Zoning Site "AB" Professional Office District North "R-lB" One-family Dwelling District South "A-B" Professional Office District East "B4" General Business Distr/ct "A-B' West Professional Office- District Existing Land Use Vacant former public/semi-public use Moody High school Vacant Cardealership Nueces County Community Supervision and Corrections Dept. Future Land Use Public/semi-public use Public school Public/semi-public use Commercial use Public/semi-public use Area Development Plan: The Westside Area Development Plan (ADP) recommends the property develop with public/semi-public development. The proposed credit union is a low traffic volume use similar to the uses in the "AB" District. A modification to the Westside future land use map to neighborhood business is acceptable. Map No.: 048039 Zoning Violations: None Zomng Report Case No. 1204-08 (Coastal Community and Teachers Credil Union) Page 2 Applicant requesting a change of zoning to "B-I" Neighborhood Business District for the development of a credit union facility comprised of the existing 8,000 square feet of office space and an additional four (4) drive-up banking lanes, as well as an ATM_ The subject properly consists of approximately 1.98 acres The subject property is located within the Westside Area Development Plan area. The future land use map recommends Public/Semi-Public uses for the property. Southeast of the subject properly is developed "B- 1" District property and developed "B-4" District property to the east. The proposed credit union project will generate approximately 296 average daily Ups (ADT). It is expected to have no adverse impact on the surrounding neighborhood as the credit union is currently located to the southeast of the proposed location. The projected traffic generated by the proposed development (A.D.T.) can be accommodated by Prescott Avenue, a designated urban collector street, and TroJan Drive, a local street. The demand for water/wastewater service of the commercial business is projected at 3,974 gallons per day with a solid waste demand of 80 lbs. daily. Street Type Paved Section Volume (2001) Trojan Drive Residential 60' ROW w/40' Bk. to Bk. Not available collector paved section Prescott Street Local street 60' ROW w/40' Bk. to Bk Not available paved section The subject property is a platted 1o1. The Westside Area Development Plan (ADP) recommends the property develop with public/semi-public development. The requested "B-I" Neighborhood Business District is not consistent with the ADP; however staffwill submit a modification to the ADP to allow the development of the credit union facility similar to the commercial uses to the south and east. Zoning Reporl Case No. 1204-08 (Coastal Conmlumty and Teachers Credit Union) Page 3 Approval of the "B-I" Neighborhood Business District. Approval of the "B-I" Neighborhood Business District. Number of Notices Mailed--9 Favor--0 Opposition--0 (As of January 10, 2005) Attachment: Zoning Map H :~p LN _DIRLS H AREi)\C H RiS TA L\ WO R Dx. ZON 1t~TS~2004\ [ 204 438 REPORT doc R-1 B SUBJECT PARCEL I-2 AB B-1 B..4 Planning Commission Minutes l 2/15/04 Case 1204-08 (Coastal Community and Teachers Credit Union) 1204-08 - Coastal Community and Teachers Credit Union Request: Change of zoning from "AB" Professional Office Disirict to "B-I" Neighborhood Business District, resulting in a change of land use from professional office to neighborhood business. Excerpts from Zoning Report Legal Description/Location: Being 1.98 acres out of Tract No. 1, Nueces County Health, Welfare and Safety Center, located along the southwest corner of Trojan Drive and Prescott Street. Purpose of Request: Renovate existing structure into a credit union with four drive up lanes. Area Development Plan: The WestsMe Area Development Plan (ADP) recommends the property develop with public/semipublic development. The proposed credit union is a low traffic volume use similar to the re'es in the "AB" District. A modification to the Westside future land use map to neighborhood business is acceptable. Staff Recommendation: Approval of the "B I "Neighborhood Business Dislrict Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there ~vere nine notices mailed None were received in favor or in opposition. The public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Smith and seconded by Amsler to recommend approval as submitted. 3q~e motion passed with Pusley and Zamora absent. In response to Mrs. Mims question, Mrs. Goode-Macon stated the existing landscaping would be used. Il' the parking is changed they would be required to do additional parking lot landscaping. At this time, staff has not seen their plans. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY COASTAL COMMUNITY AND TEACHERS CREDIT UNION, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.98 ACRES OUT OF TRACT NO. 1 OF THE NUECES COUNTY HEALTH, WELFARE, AND SAFETY CENTER, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; 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 Coastal Community and Teachers Credit Union for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday1 December 15, 2004, during a meeting of the Planning Commission, and on Tuesday, January 18, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which ail 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 Christi 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 changing the zoning on 1.98 acres out of Tract No. I of the Nueces County Health, Welfare, and Safety Center, located along the southwest comer of Trojan Drive and Prescott Street, from "AB" Professional Office Distdct to "B-l" Neighborhood Business District, as shown on the attached Exhibit. (Map 048039) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. 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 4. 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. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 18Ih day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED ~_/~.~,~..~ ' rney Joseph Assistant City Attorney For City Attorney 2005 H:~EC--DIR~Joseph~onlng-O4\1204-08 regular doc Page 3 o[ 3 Corpus Christi, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the eme[gency 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/~ve, therefore, request that you suspend said Char[er rule and pass this ordinance finally on the date it is introduced, or at ~he present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The 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 William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:U..F.G-DIRUosaph~ZonJng-O4',1204q)$ regular, doc 01/12/2005 10:51 3610263006 CITY OF C.C. DEV SER PAGE 04/05 METES AND BOUNDS DESCRIPTION OF 1.989 ACRES OF LAND BEING 1.989 acres (86,637 square feet) of land, more or less, out of that 10.000 acre Tract No. 1, Nueces County Health, Welfare, and Safety Center as recorded in Volume 39, Page 162 oft. he Ma~v Records of Nnoces County, Texas ~nd Mso being out of the Miguel Basque survey, A48 said 1.989 acre tract being more particularly descnbedi as folio'us: COIV[MENCING at thc intersection point of the west fight-of-way line of PrescottI S~xeet and the south fight-of-way line of Trojan Drive fo~ the node. asr comer of thel aforesaid tr~cl No. 1; THENCE, with the common east line of said Tract No. 1 and we,vt r/ght-of wayl line of Prescott Street, S28057' 15"W 15.18 feet to a point; THENCE, lmving said common line N61°02'45'~W 5.00 feet to a set 5/8 inch iron md for ~e POINT OF BEGINNING; THENCE, $28°57'15"W 195.44 feet to a set 5/8 inch iron rod; TIIZ3qCE, with a tangent curve to the left, said oarvc having a radius of200. O0 feet, a central angle of 24°00'lS"and a chord bearing S16°57'06'"q~' 83.18 fe~t, an distance of 83.79 f~el to a set 5/8 inch iron rod; THZNCE, with a tangent curve to the right, said curve ha-ting a radius of 200.00 feet, a central angle of 24°00' 18'W and a chord bearing S16%7'06"W 83.18 feet, an nrc distance of 83.79 feet to a set 5/8 inch iron rod; S28°57'15"W 51.63 f~et to a set 5/8 inch iron rvd, N61~33'30"W 225,72 feet to a set 5/8 inch iron rod, N28°26'30"E 425.22 foet t~ a set 5/8 inch iron rod in hhe common north line of the aforesaid Tract No. 1 and ~o~th right-of-way line of Trojan Drive; THENCE, with said common line, S61033'30"E 179.80 fo~t to a set 5/8 Lath iron rod; THENCE, leavjng said common line and with a tangmt curve to the fight, I;aid curve having a radius of 15.00 feet, a canal angle of 90030'43" and a chord bearing 0~/~2/~B05 ~O:B] SBl@263006 C~T¥ OF C.C. DE~ SE~ P~E OB/OB S16°18'07"E 21.31 feet, an arc distance of 23.70 feet to the POINT OF BEGFNNINO and containing 1.989 acres of land, more or less. NOTE: Bearing are based on the found soulheast line of Trojan Drive beadng S61°33'30"E. chael D, Stridde Registered Professional Land S No_ 3589 (361)2894385 Date 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Convention and Visitors' Bureau, Quarterly Presentation OUTSIDE PRESENTER(S): Name Tom Galyon Title/Position Organization President and CEO, Corpus Chrtsti Convention and Visitors' Bureau ISSUE: This quarterly presentation will include an overview of Public Relations activities, branding efforts, and research projects. BACKGROUND: None REQUIRED COUNCIL ACTION: None Additional Background Exhibits 28 In accordance wi~ Article I, :Section 4{c) of the Corpus Christi City Charter, this Is a Statement of Ordlnlnceo, Section :23-74, Smoking Pmhlbitlm't8, 88 psooed on It~ Second Reading off January 11, 200S. The full text of Ule 8ub~e~t orclin~e lo ~ a~ & part of tide o~n~'mnt. It lo reque~led ~t~ the City ~ecmt~/ present ~l,, request for referendum to the city council at its next regulw meeting for ................................ [,, .................... If there am any ~c~'or comment~ regareling this ~tatenle~ of Intent to Clmu,-- P~.~ Calling ~ · William F. Kopeck'y ~ Topeka Corpus Christi, Tx 78411 bl~m,ebell.net Dat~ l;~ed: Armando Chapa City Secretary AN ORDINANCE AMENDING THE CODE OF ORDINANCES, SECTION 23-74, SMOKING PROHIBITIONS, SUBSECTION (b)(1)(e), BY REVISING THE LANGUAGE; AMENDING SUBSECTION (b)(4) BY REVISING THE LANGUAGE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Section 23-74, Smoking Prohibitions, subsec- tions (b)(1)(e) and (b)(4) are amended by revising the language to read as follows: 'Sec. 23-74. Smoking prohibitions. "(a) "(b) "(1) ... "(e) Food service establishments. Those portions of the indoor area of ^nv place where food is prepared and intended for individual portion service, includin.~ the site at which individual portions are provided, served, or consumed, re.qardless of whether or not consumption is on the premises, whether or not there is a charcle for the food, and whether or not alcoholic beveracles are sold or served, includinq, but not limited to, cafeterias, coffee shops, delicatessens, diners, lunchconottes, restaurants, sandwich shops, and short-order cafes_.~ soda fountains, or other areas of establishment~ in which food is served, except areas ~uch as bare, cocktail lounges, and/or night clubs where seating is primarily for service of alcoholic beverages, and except designated smoking areas in conformity with the following standards: H:~EG-DIR~alizabe/h~)ept Files'~EH Ordinances~Hordl60 Modi~ed Version 3F.doc 07 094 "1. Ownorc shall ensure that seating provided for Ronsmokers ica minimum of fifty (50) per cent of total seating or in direct proportion to tho numbcr of customers requocting nonsmoking seating, whichcver is greator. (After July 6, 199,1, the percontage of nonsmoking seating just statcd shall increase from frl~y (50) percent to sixty five (65) porcent. Aftor July 6, 1995, thic same porcontago shall increase from sixty five (65) percent to r_,eventy (70) per cent.) "2. Sooting for thoso requesting seating in nonsmoking areas shall be arranged to make maximum use of tho air flow provided by the ventilation system. "3. Tho patron waiting area and restrooms in facilities covered by subsection (b)(1)(e) of this ~ection shall be designatod ac nonsmoking areas, except that separate waiting areas may bo provided for smokers. "4. Restaurants having a sooting capacity for customers of f'rr~ (50) or greater, either newly constructed affor the effective date of thic section or remodeled after that dato to such an extont that the cost of rehabilitation exceeds fifty (50) percent of the valuo ef the building, shall bo roquired to comply with the following additional standards: tho patron waiting area and restrooms shall bo docignated as noncrnoking areas, except that separate waiting areas may be provided for smokers; the non smoking areas shall be kept cloor of smoke; thc smoking arooc shall not includo any part of the establishmont to which nonsmokers may need access and all smoking areas shall have air ventilation systems separate from the air ventilation systems for nonsmoking aroas. "(1) Pdvate homes where food is prepared and served for individual family consumption are excluded from the prohibitions contained in this subsection. "(2) Outside seatina areas only, of food service establishments covered by subsection (b)(1)(e) of Sec. 23-74, are excluded from the smokin(~ prohibitions, provided that (1) the outside seatinq area is separated from the indoor seatina area bva floor-to-roof exterior wall containing a fully solid access door throuah which patrons must pass to access the outside seatin~l area; (2) patrons of the establishment, not otherwise seated outside, do not have to access or cross throuqh the outside seatinq area to utilize any ancillary services of the establish- ment, which are available to any patron or employee of the establishment, such as public restrooms or cashier counters; and (3) the outside seatinq area is located no closer than 10 H:\LEG-DIR~elizabeth'~)ept Files~EH Ordinances~EHordl60 Modified Version 3F.doc "(3) feet from the front door of the food service establishment, Compliance with the recluirements contained in this subsection will be determined by a Code Enforcement Official. "(A) An "outside seatinq area" means a seating area for patrons to eat food or drink beverages which is located adiacent to or outside of the prima~ structure of the food service establish- ment and which is constructed so that the seatinq area is not fullv enclosed bv floor-to-ceilinq solid walls, or by other means, such as a patio or deck area. "(B) The smokinq limitations applicable to outside seating areas of food service establishments under subsection (b)(1)(e)(2) above may not be construed to include the parkinq lot area of the food service establishment, if the parking lot area is avail- able for combined drive-up3 ordedng and consumption of food while a patron is seated in a pdvate vehicle, nor mav any of the smoking limitations contained in Sec. 23-74 be construed to include the interior of a person's pdvate vehicle while located at the food service establishment. Establishments in which food service is incidental to the sale or service of alcoholic beverages, such as a bar, cocktail lounge, niqhtclub, or tavern, are excluded from the prohibitions con- tained in this subsection, provided that the bar, lounge, niqht- club, or tavern meets the definition of "Taverns, Lounges, or Bars" in Sec. 3-1.64.1 of the Zoninq Ordinance, as determined by a Code Enforcement Official, in accordance with the followinq requirements: "(A) For classification pumoses, the establishment's owner, operator, manaqer, or person in charqe, or holder of the establishment's alcoholic beveraqe permit issued bv the Texas Alcoholic Beverage Commission, must provide a Code Enforce- ment Official, upon request and within 10 calendar days, with verified copies of either 1) the previous quarterlv or the previous three monthly sales tax reports and the qross receipts tax reports for the same period, if the holder pays the qross receipts tax or 2) the previous three months alcohol sales and sales tax information and other information or documents sufficient to determine the percentage of alcohol sales, if the holder does not pay the qross receipts tax. "(B) Failure of the owner, operator, manaqer, or person in charge, or holder of the alcoholic beverac~e permit, to provide the documentation requested within 10 calendar days is a violation of this Code and is pdma facie evidence that the H:~_EG-DIR~el[zabeth~Dept Flle~\EH Ordlnances~EHordl60 Modrfled Version 3Fdoc establishment is a food service establishment subiect to the @rohibitions of this section. "(C) Within 10 business days of submission of the documen- tation, a Code Enforcement Official shall determine the class- ification of the establishment for purposes of this section. Any establishment for which the owner, operator, manaqer, or person in char(~e, or holder of the alcoholic beveraqe permit, has submitted documentation that fails to substantiate that monthly sales of alcoholic beveraqes compdse more than 75 percent of the establishment's gross revenue will be deemed to be a food service establishment subiect to the prohibitions of this section. "(D) Nothinq contained in this subsection restricts an establishment's owner, operator, manaqer, or Demon in charge, or holder of the establishment's alcoholic beveraqe permit, from voluntarily submittin.q the required documentation and rec~uestinq a written determination of classification by a Code Enforcement Official. "(2) .., "(4) Bowling lanes. Billiard halls, bin(~o halls, and bowlin.q alleys. Smoking restrictions in this section will not apply to billiard halls, bingo halls, and to that portion of bowling establishments which contain bowling lanes. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purposes, intent, and effect of the ordinance. SECTION 4. This ordinance becomes effective February 1,2005. H:~LEG~lR~elizabe/h'~)ept Files~EH Ordinances~EHordl60 ModiQed Version 3F.doc That the foregoing ord!r)ance wasr~ ,,,,,,,./,irs[ [~ad for the first t' e reading on this the I Lf~ day of Samuel L. Neal, Jr. (~U '~ Rex A. Kinnison Brent Chesney i~. Melody Cooper Javier D. Colmenero (~-~/J Jesse Noyola Henry Garrett ~., Mark Scott Bill Kelly and passed to its second ,2004, by the following vote: That the foregoing ordin, ance was read for the second time and passed finally on this the / ! day o¢:~/~,/~ , 2005, by the following vote: Samuel L. Neal, Jr. u ~.., Rex A. Kinnison ("~J~. Brent Chesney ~ _ Javier D. Colmenero ~ Henry Garrett ~ Bill Kelly ~. Melody Cooper Jesse Noyola Mark Scoff A'I-rEST: CITY OF CORPUS CHRISTI Arma~ City Secretary Samuel L. lq~al, Jr., / 1 Mayor APPROVED AS TO FORM: / / ~-~day of for the City Attorney ,2005. H:~EG~lR~l~a~th~ep[ Files~H Ordlnan~s\EHo~160 M~ Vemlon 3F.d~ 026094 29 CITY COUNCIL AGENDA MEMORANDUM January 18, 2005 AGENDA ITEM: Discussion of public access issues and consideration of ordinances amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding Cable Communications Commission and access user groups; and Chapter 55, regarding rules and procedures for public access cablecasting; providing for severance; and providing for publication; ISSUE: Amendment of these ordinances is necessary to improve processes regarding public access issues. REQUIRED COUNCIL ACTION: Approval of the Ordinances PREVIOUS COUNCIL ACTION: Chapter 2 of the City Code of Ordinances regarding the Cable Communications Commission was last amended on March 23, 2004. The Rules and Procedures for public access cablecasting were last amended on October 26, 2004. FUNDING: NIA CONCLUSION AND RECOMMENDATION: Approval of the Ordinances Oscar Martinez Assistant City Manager H:~LEG-DIR\Lisa\0220~Jan 18 2005 agenda re public access ordinances v 2doc BACKGROUNDINFORMATION The first ordinance amends Chapter 2 of the City Code of Ordinances, to reduce duties of the Cable Communications Commission related to access user councils (groups). It also repeals a section in Chapter 2 regarding access user groups. The section of the Chapter 2 ordinance for access user councils was established in 1983 and, wd~h City cable franchise agreements approved in 1999 and 2002, has become outdated. The duties being removed from the Cable Communications Commission involve certification of access user councils, developing and approving rules and procedures for public access channels, and coordination of access user group activities. Rules and Procedures are now established through the Master Cable Services Regulatory Ordinance and the Time Warner franchise agreement. Currently, there is only one access user group, which is for Channel 18 and which has been functioning well for many years. There have never been any access groups for government or educational access. City staff is recommending that the City function as the access user group for public access Channel 10 to improve processes regarding Channel 10 public access. For these reasons, those Cable Commission duties related to establishing rules and approving access user councils would no longer be necessary. The remaining duties of the Cable Communications Commission focus on franchise agreements, review of the cable system, community programming, and technological and service developments in the cable communications industry. A duty has been added that will allow the Cable Communications Commission to review, at the request of a public access producer, a tape that has been removed due to a violation of Section 1 in the Rules and Procedures, which involves user requirements, commercial programming, obscenity, unauthorized solicitation of funds, copyrighted information and portraying a cdminal act. The second ordinance amends the Rules and Procedures regarding public access cablecasting to establish that City staff shall function as the access user group for Channel 10. It also amends the process regarding programs in violation of rules and procedures. The intent of these amendments is to clarify the Rules and Procedures and improve processes that address public access requirements and violations. The Rules and Procedures for Public Access Cablecasting provide that the City shall give the cable operators sixty days wdtten notice of any proposed amendment to the Rules and Procedures. Time Warner, Grande Communications and the Cable Communications Commission Chairperson have been provided copies of the proposed amendments as of January 14, 2005 and have not yet provided response. Staff recommends Council approval of the first reading of the ordinances, with second reading to occur after City receives responses. t:\LEG-DIR\Lisa\0220~Jan 18 2005 agenda re public access ordinances v 2.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, REGARDING CABLE COMMUNICATIONS COMMISSION AND ACCESS USER GROUPS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 2, Article IV, Division 17, Cable Communications Commission, Section 2-182, Duties, is amended to revise the duties of the Cable Communications Commission, to read as follows: "DIVISION 17. CABLE COMMUNICATIONS COMMISSION "Sec. 2-182. Duties. "The cable communications commission shall have the following powers and duties: (1) To advise the city council on adherence to the provisions of any franchise agreement approved by the city council and recommend regulations not inconsistent with the terms of such franchise. (2) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) To work with access user groups to develop rules and regulations which are not in conflict with tho terms of the franchise agreement. (3) To review tapes at re(~uest of the public access user for violations of City Code of Ordinances, Chapter 55, Article XVIII, Exhibit A, Section 1. (4) To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (6) Report annually to the council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (7) To advise the city council on future applications for franchises. Jan 18 2005 Chapter 2 ordinance amd DOC 2 (8) To acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (g) To certify access user councils, and reporting such certification to the city (10) To establish rules and rogulations for use of public access channels until such time ac a public acc, ocs user council hac boen certified. (11) To approve tho rules and rogulations of certified access user councils for use of access channels. (12) To recolvo disputes concerning program content, allocation of access funding, channel space, channel time, and the u~e of public access oquipment and facilitios. (13) To coordinate access activities of access users and user councils." SECTION 2. Chapter 2, Article IV, Division 17, Cable Communications Commission, Section 2-183, Access user councils, is repealed in its entirety. "Sec. 2-183. ^ccesc user councils. Repealed. "(a) One (1) access user council may be established for governmental channel access, public higher oducational channel access, other public oducation channel access, and each public access channel, respectively, by application to the cable communications commission chairperson and the city secretary and certification by the cable communications commission. Upon certification, an access usor council shall have the following duties and responsibilities: (1) To establish guidelines, rules and regulations for the use of applicable access channels, subject to approval by the cable communications commission. (2) To coordinate allocation of channel time and channol space for programming produced by users. (3) To coordinate training of individual accoss users in television production mothodc and teohniquos. (4) To report to the cable communications commission on the utilization of access channel space and access channel programming. (5) To promote public awareness, use, and viewership of access television programming and actively seek additional mombemhip from among individuals or groups in the access user council's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access JAN 18 2005 CHAPTER 2 ORDINANCE AMD.DOC (7) To roview program contont to ensuro compliance with octabliched laws, rules and regulations. (8) To establish its own bylaws concerning organization and docision making within tho access user council. A copy of such bylaws shall bo submitted with tho access user council's application for certification. Changos to such bylaws shall be filod with tho chairman of the cable communications commission and the city secretary within thirty (30) days after any chango occurs. (b) Membership on the aOCODC user councils may bo composed of any individuals who are residents of Corpus Chdsti as well as represontatives of various community, public intorest or neighborhood groups which arc located in Corpus Christi. Membership may also include, as appropriate, ropresentatives of: (i) city departments; (ii) governmental entities; (iii) public institutions of higher learning; (iv) public independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access usor councils chaff bo publicly posted on the public noticoc bulletin board of city hall and filed with the city ~ocretary. Furthermore, all moetings of access usor councils will be open to the public. (c) The access user councils should include, but not be limited to, thc following: (1) Governmental access council. Membership may include interested city departmont heads, or thoir designated representatives, and representatives of any governmental entity whose boundaries lie within the city limits. (2) Higher educational access council. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access council. Mombership may include representatives of all public independent school districts located in wholo or in part within the city limits. (I) Reserved. (5) Public access council. Membership may includo any individuals who are residents of Corpus Christi as well as ropresentatives of community, public interest, or neighborhood groups which are Iocetod in Corpus Christi. Notwithstanding any other provision of this section, representatives of franchised cable operators may be members e-f the public access council. (d) Access u~er councils are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city." 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 of this ordinance be given full force and effect for its purpose. JAN 18 2005 CHAPTER 2 ORDINANCE AMD DOC SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. JAN 18 2005 CHAPTER 2 ORDINANCE AMD DOC Samuel L. Neal, Jr, Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the __ A'I-rEST: ,2005 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2005. Armando Chapa City Secretary APPROVED: ~ Lisa Aguila~ Assistant City Attorney for City Attorney ,2005 Samuel L. NeaI, Jr Mayor Jan 15 2005 Chapter 2 ordinance amd DOC ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES/RESPONSIBILITIES/PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. For random placement of nonrecurring show (i.e., a show that is not rogulady produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are callod Occasional Users. · Public access user group (PAUG): Users organize themselves according to by laws, electing among themselves officers and a board of directors. The PAUG conducts Public access users must participate in a bi-annual public access timeslot lottery fer oach public access channel according to the rules and procedures~_, and uses those The results of the lottery will be used to develop a public access schedule for each channel The Channel 18 users qroup will conduct lotteries for Channel 18 public access users, collect and make available to cable operators the schedules and tapes for Channel 18, and administer the rules and procedures for Channel 18 users. The City of Corpus Christi will conduct lotteries for Channel 10 public access users, collect and make available to cable operators the schedules and tapes for Channel 10, and administer the rules and procedures for Channel 10 users. Tho PAUG receives and schodulec programming submitted by occasional users. Jan 2005 Rule9update DOC The PAUG collects and makes available cable operators the schodules and tapos for each channel. The PAUG administers the rules and procedures.; usors may appeal decisions of the PAUG board to the cable commission and, after that, to city council. The PAUG may require serios users to pay nominal fees to offset minor operational expenses. The amount of fees will bo votod on by users at the Spring time clot lottery. There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators c3ch provide plug-and-play of public access programming according to the lottery schedules provided by the PAUG. Cable communications commission: The cable communications commission mediates any disputes brought to it by the PAUG. reviews tapes for violations at the request of the public access user. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, Citv of Corpus Christi, with the consent of the cable operators. These rules may be amended by Ceity~Ceouncil. following recommendation from the cable commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Users must complete and sign an application and programming contract. In signing the programming contract, the user warrants that the Rules and Procedures will be observed, includin¢l the followincl: the following rules will be observed: All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. Jan 2005 Ru~esupdate DOC 3 No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted which contains obscene or indecent material. No proqram shall be transmitted which portravs a criminal act. All programs must include proper program identification as defined in section 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, DVD, or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the eCable Communications eCommission based upon a request from an access user group and/or the cable operator(s). Labeling: All users must clearly label tapes as follows: On the top of the tape and on the sleeve of the tape box: a. Name of individual producer and organization (if applicable) and telephone number b. Title of the program c. Length of the program On the spine of the tape: Jan 2005 Rulesupdate DOC 4 a. Title of the program Identification: Qnly one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 minutes in length. b. All half-hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the GCable GCommunications ~Commission with consent of the cable operators. Deadline: The acc, e~s user groups Channel 18 access user qroup and the Cit'¢ of Corpus Christi will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. Time slots: Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual time slot lottery. Conflicts on requests for time slots will be submitied to the cable commission for arbitration. Each user may have only one sedes, not to exceed one hour per week, except as provided above in section 2, Length, and oxcept as provided in Section 3, Lotteries and Schedulos. Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program. Application: Preferably before two weeks prior to each bi-annual time slot lottery, but no later than the date of the timeslot lottery, each series user must submit a completed public access cablecasting application:to their respective access user group, and. provide current copies to cable operators, including the following items: Channel 18 users will submit applications to the Channel 18 access user group, and Channel 10 users will submit applications to the City of Corpus Christi. Within two weeks after the Iotterv, current copies of the applications will be provided to cable operators, includin,q the followinq items: a. User's name Jan 2005 Rulesupdate. DOC 5 b. Program name Length of the program Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: An individual user or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery periods. The Spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The Fall lottery pedod begins the first Sunday in December through the day preceding the first Sunday in June. Users will attend the time slot lottery as noted in a and b below. Lotteries will be conducted as follows: a. The spring lottery is conducted on the fourth Thursday in April with the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October with the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available time slot. After all users select time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. One lottery will be executed for Channel 10 by the Channol 10 access user group City of Corpus Christi and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional users. Single timeslots of lengths as noted above in section 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a Jan 2005 Rulesupdate. DOC 6 public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. Forfeit of time slot If a series user fails to supply tapes for two consecutive weeks for a weekly program, the user forfeits the timeslot for the remainder of that lottery period, and the proqram will be removed from the timeslot schedule. A series producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the time slot for the remainder of that lottery period. After that, if a series user fails to supply a tape for a monthly program during the month of scheduled airing, the user forfeits the time slot for the remainder of that lottery period, and the pro(:lram will be removed from the timeslot schedule. § 4 Defined terms. Channel 18 Access user group -- As set forth in the City Code of Ordinancoc, section 2 ! 83, mMembership of the Channel 18 access user group i__s may-be composed of public access users on Channel 18 any individuals who are residents of the city. ~ representatives of community, public interest, or noighborhood, notwithstanding any other provision, representatives of the cable oporator may bo members of the access user group. Channel 18 Aaccess user groups ace is organized separately and independently from the city and ~ is_not a boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public accecs channel. Each usor is entitled to vote on all matters pertaining to establichment of access ur, er group bylaws and election of officers. Cable Communications Commission - A City commission appointed by the City Council and established in Section 2-130 or the City Code of Ordinances. The Cable Communications Commission may review tapes that have been removed for rule violations at the request of the user. Commercial programming -- Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Ceable Ceommunications Ceommission has established guidelines concerning the advertisement of commercial products or services in an access program. Public access users must comply with these quidelines. Jan 2005 Rulesupdaie DOC 7 Holidays - Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming--means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification -- The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") -- This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual timeslot renewal period. The block of time will be determined by each PAUG by calculating the number of users and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Semi-annual time slot renewal period - A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series - A locally produced public access show from a single user. A series can be either weekly or monthly. User -- Any adult resident of the city who, upon having paid any foes requirod by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by Ceity Ccouncil following recommendation from tho cable commission or franchisod cablo operators in the city. The city shall give any cable operator si.~?,' (G0) thirty (30) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. Jan 2005 Rulesupda[e DOC 8 § 6 Violation of rules. Tho Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. The acoosc user group will inform the user who produced the program that ic the subject of the complaint of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or group. If a Section I rule has been violated, the Access User Group Board of Directors will mail written notice of the violation to the user. The notification letter shall be sent to both the individual user and tho group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in tho application. Tho user may appeal the decision of the Acc, ess User Group Board of Directors to the cable communications commission by physically delivering to the city secretary's office a writtcn notice of appeal on or before eight (8) calendar days from the date tho notification letter wac mailed. The cable communications commission shall hold the hearing for appeal within thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least throe (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decision. Appeals of commission decision may be made to tho city council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of a Scction I rule occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to uso the public access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months affcr tho first adjudicated violation, then the user shall bo ineligible to use tho public acc, ess channels for one year. Pedods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until the violation has been remedied. Neither multiple cablocastc of a single program nor multiple violations of these rules in a single program shall form the basis for moro than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a User or Access User Group Board of Directors has an internal complaint not covered by tho rules and procedures, or a complaint regarding a violation of rules in Jan 2005 Ru[esupdate DOC 9 Sections 2 or 3, the User or Acc, ecs Usor Group ~oard of Directors shall follow procodures established by their group's certified by laws. If a complaint is not resolved within seven (7) working days, a User or Access User Group Board of Directors shall submit the complaint, by e mail or delivered in writing, to the Cable Communications Commission, and the itom shall bo placed on tho agenda for the next schoduled Cable Communications Commission mooting. (2) If a User or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall bo submitted, by small or delivcrod in writing, within throo (3) working days, from a User to the Access User Group and then from tho Access User Group Board of Directors to tho cable providor within three (3) working days. Tho cablo provider shall respond, by small or dolivered in writing, within three (3) working days. If a complaint is not resolved, a Usor or Access User Group Board of Directors shall submit the complaint by small or deliverod in writing to the Cable Communications Commission, and the item shall be placod on the agenda for thc next schoduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a User or Access User Group, the cable providor shall submit the complaint, by small or delivered in writing, within throo (3) working days to the Access User Group Board of Directors. Thc acc, ecs User Group Board of Directors shall submit a response, by small or delivered in writing, the cablo operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by omail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agonda for the noxt scheduled Cable Communications Commission meeting." Series pro~rams that violate Section 1 of these Rules and Procedures will be removed from the public access schedule by the Cable Operator for the remainder of the lottery period. When a proqram is removed for a Section 1 rules violation, the Cable Operator will provide a copy of a tape and the tape box (if available) to the City of Corpus Christi. A producer.of a pro.clram that has been removed may request a review of the tape bv the Cable Communications Commission for a determination of whether a Section 1 rules violation occurred. 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 of this ordinance be given full force and effect for its purpose. SECTION 3. 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. This ordinance shall take effect upon its publication, or upon the date of its final passage, whichever occurs first. Jan 2005 Rulesupda[e DOC 10 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, 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 Che'sney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, A'I-FEST: ,2005 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott this the __ day of ,2005. Armando Chapa City Secretary APPROVED: Lisa AguilaK~.J Assistant City Attorney for City Attorney ,2005 Samuel L. NeaI, Jr. Mayor Jan 2005 Rulesupdate.DOC