HomeMy WebLinkAboutAgenda Packet City Council - 01/25/2005
CITY COUNCIL AGENDA
JANUARY 25,2005
Corpus Christi
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All-America CilV
11 :45 A.M. - Proclamation declaring January 30, 2005 as "The Ms. Coastal Bend Senior Pageant Day"
Proclamation declaring February 4, 2005 as "Wear Red for Women Day"
Proclamation declaring the month of February as "Black History Month"
Swearing-in ceremony of newly appointed Board, Commission and Committee members
Swearing-in ceremony of newly appointed Municipal Court Judges
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JANUARY 25, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE
CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is ear/ier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espaflolen todas las juntas
del Concilio para ayudar/e.
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 Pastor John Bradshaw, Fellowship of Oso Creek.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of January 18, 2005. (Attachment #1)
Agenda
Regular Council Meeting
January 25, 2005
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; ormay modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on a/l motions, resolutions and ordinances not
fElmoved for individual consideration)
2. Motion approving a supply agreement for approximately 118,000
pounds of drop-on type glass spheres, in accordance with Bid
Invitation No. BI-0040-05from Swarco Reflex, Inc., Mexia, Texas,
based on low bid for an estimated annual amount of$26,715.20.
This item will be used by Street Services. The term of the
contract is for twelve months with options to extend for up to two
additional twelve-month periods, subject to the approval of the
supplier and the City Manager or his designee. Funds have been
budgeted by the using department in FY2004-2005. (Attachment
#2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 3
3. Motion approving supply agreements with the following
companies for the following amounts in accordance with the
Coastal Bend Council of Governments Bid Invitation No. CBCOG-
05-1 for food items which include canned and frozen fruits and
vegetables, meats and condiments for an estimated six month
expenditure of $129,401.82. The terms of the contracts shall be
for six months with an option to extend for up to three additional
months, subject to the approval of the Coastal Bend Council of
Governments, the suppliers, and the City Manager or his
designee. Funds have been budgeted by Senior Community
Services in FY 2004-2005. (Attachment #3)
Ben E. Keith
San Antonio. Texas
64 Items
$20,634.73
LaBatt Food Service
Comus Christi. Texas
104 Items
$53,421.65
PFG
Victoria. Texas
76 Items
$55,345.44
Grand Total: $129,401.82
4. Motion approving a supply agreement with Hill Country Dairies,
Corpus Christi, Texas in accordance with Coastal Bend Council
of Governments Bid Invitation No. CBCOG-05-2, for 152,000
half-pint containers of low fat milk, based on the recommended
award submitted by the Coastal Bend Council of Governments for
an estimated twelve month expenditure of $29,670.40. The term
of the agreement shall be for twelve months with an option to
extend for up to three additional months, subject to the approval
of the Coastal Bend Council of Governments, the supplier and the
City Manager or his designee. Funds have been budgeted by
Senior Community Services in FY 2004-2005. (Attachment #4)
5. Resolution authorizing the City Manager or his designee to
submit a grant application to the State ofTexas, Criminal Justice
Division in the amount of $56,163 for Year 6 funding available
under the Victims of Crime Act (VOCA) Fund for the Police
Department's Family Violence Unit, with a City match of $11 ,959
in the No. 1061 Trust Fund and $2,800 in-kind services; fora total
project cost of $70,922. (Attachment #5)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 4
6.a. Ordinance appropriating $250,000 interest earnings and
miscellaneous revenues in the No. 3275 Arena Facility Capital
Improvement Program Fund to provide funding for the American
Bank Center Arena change orders, contingencies, parking,
storage and other facility needs; amending FY 2003-2004 Capital
Budget adopted by Ordinance No. 025647 to increase
appropriations by $250,000. (Attachment #6)
6.b. Motion authorizing the City Manager or his designee to execute
Change Order No. 13 for the American Bank Center Arena in the
amount of $285,793 with Fulton Coastcon, Joint Venture of
Corpus Christi, Texas for various architectural, civil, electrical,
mechanical and structural modifications. (Attachment #6)
7. Motion authorizing the City Manager or his designee to increase
the escrow funding with the Texas Department of Transportation
(TxDOT) in the amount of $157,482.45 for the construction of a
proposed drainage culvert on Farm-to-Market Road 70 to serve
Cefe Valenzuela Landfill. (Attachment #7)
8. Motion authorizing the City Manager or his designee to execute
Amendment No.3 to the Contract for Professional Services with
LNV Engineering, Inc., of Corpus Christi, Texas, in the amount of
$172,500 for a total restated fee of $516,475 for the Mansheim
Area Drainage Improvements Project, Phases 2A through 6A
(BOND ISSUE 2004). (Attachment #8)
9. Motion authorizing the City Manager or his designee to execute
Change Order No.2 to the contract with Berry Contracting, Inc.,
of Corpus Christi, Texas in the amount of $293,078 for the
Laguna Shores Road Street Reconstruction Project from
Mediterranean to Caribbean for waterline replacement.
(Attachment #9)
10. Ordinance appropriating $957,594.17 in Passenger Facility
Charge Fund 4621 from unreserved fund balance; transferring
$957,594.17 into the Airport 2000A Debt Service Fund 4640 for
debt service on airport improvements; amending FY 2003-2004
Capital Budget adopted by Ordinance No. 025647 to increase
appropriations by $957,594.17. (Attachment #10)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 5
11. Ordinance appropriating $516,717.46 in unappropriated interest
earnings and $7,534.14 in unappropriated bond proceeds in the
Airport 2000B Capital Improvement Program Fund 3025;
transferring $516,717.46 into the Airport 2000B Debt Service
Fund 4641 for debt service on airport improvements; amending
FY 2003-2004 Capital Budget adopted by Ordinance No. 025647
to increase appropriations by $524,251.60. (Attachment #11)
12. Ordinance appropriating $240.32 in unappropriated interest
earnings in Airport 1990 Capital Improvement Program Fund
3022 for airport improvements; amending FY 2003-2004 Capital
budget adopted by Ordinance No. 025647 to increase
appropriations by $240.32. (Attachment #12)
13. Ordinance abandoning and vacating a 3,379.70-square foot
portion of a 7 .5-foot wide utility easement in Lot 1, Block 2, King's
Crossing Unit 13; requiring the owner, Windsor Park Church of
Christ, to comply with the specified conditions. (Attachment #13)
14. Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Tradewinds Business
Park doing business as Steve Paulson Properties, LP, (Owner)
for the right to construct and maintain a private 2-inch PVC force
main that will extend approximately 448 linear feet within a city
utility easement and the Palmira Avenue street right-of-way,
establishing an annual fee. (Attachment #14)
15. Ordinance ordering a General Election to be held on April 2,
2005, in the City of Corpus Christi for the election of mayor and
eight council members; providing for procedures for holding such
election; providing for notice of election and publication thereof;
providing for establishment of branch early polling places;
designating polling place locations; authorizing the City Secretary
to contract with the Nueces County Election Officer for
equipment, supplies, and printing necessary to conduct the
election; selection of April 30, 2005 as the Runoff Election date,
if one is necessary; enacting provisions incident and relating to
the subject and purpose of this ordinance. (Attachment #15)
16. First Reading Ordinance - Amending Code of Ordinances,
Chapter 2, Article IV, Division 12, Small Business Advisory
Committee regarding membership and duties. (Attachment#16)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 6
17. Second Reading 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. (First Reading 01/18/05) (Attachment #17)
18. Second 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. (First Reading 01/18/05) (Attachment #18)
19. Second 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. (First Reading
01/18/05) (Attachment #19)
20. Second 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. (First Reading 01/18/05) (Attachment#20)
I. PUBLIC HEARINGS: (NONE)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
21. First Quarter Report of the Health Benefits/Risk Management
Fund. (Attachment #21)
22. Presentation by the Human Relations Department on the City's
Americans with Disabilities Act Title II Transition Plan and the
City's Non-Discrimination Ordinance. (Attachment #22)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 7
K.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
23.a. Ordinance appropriating an amount up to $600,000 of the
estimated cash distribution to be received from the William T.
Neyland Estate into the Library Capital Improvement Program
Fund No. 3210 for improvements to the Parkdale Branch Library;
amending FY 2003-2004 Capital Budget adopted by Ordinance
No. 025647 to increase appropriations by up to $600,000.
(Attachment #23)
23.b. Resolution authorizing the renaming of the Parkdale Branch
Public Library to the William T. Neyland Public Library upon
completion of improvements to the facility, upon recommendation
by the Library Board. (Attachment #23)
24.a. Motion authorizing the City Manager or his designee to purchase
ORACLE software from DELL MARKETING, L.P., of Round
Rock, Texas in the amount of $313,296, using the City's line of
credit, to replace the current proprietary HP UX server
environment with Intel Linux server environment. The Oracle
software will be used to cluster the servers and automate some
functions performed by the database administrators. Dell is an
approved Texas Department of Information Resources vendor.
Funds have been budgeted for the anticipated FY 2004-2005
lease purchase payrnents and will be requested for all
subsequent budget years. (Attachment #24)
24.b. Motion authorizing the City Manager or his designee to purchase
implementation services from MYTHICS of Virginia Beach,
Virginia in the amount of $209,117 using the City's line of credit,
to migrate the existing applications and databases from the
current proprietary HP UX server environment to an open Intel
Linux environment. MYTHICS is an approved Texas Department
of Information Resources vendor. Funds have been budgeted for
the anticipated FY 2004-2005 lease purchase payments and will
be requested for all subsequent budget years. (Attachment #24)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 8
25. Consideration of a request by petitioners pursuant to the City
Charter Article 1, Section 4, Initiative and Referendum requesting
the City Council enact an ordinance which would mandate
spaying and neutering of dogs and cats. (Attachment #25)
26. First Reading Ordinance - Amending the Code of Ordinances,
Section 53-255 - Schedule VI, Decrease of State Law Maximum
Speed, by eliminating the Hospital Speed Zone on Alameda
Street and establishing a 20 MPH School Speed Zone on
Alameda Street and providing for penalties. (Attachment #26)
27.a. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 2, regarding Cable
Communications Commission and Access User Groups;
providing for penalties. (First Reading 01/18/05) (Attachment
#27)
27.b. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 55, regarding Rules and
Procedures for Public Access Cablecasting. (First Reading
01/18/05) (Attachment #27)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
reCOrding is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a lajunta y cree que su ingles es Iimitado, habra un inter prete
ingles-espanol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
CITY COUNCIL
PRIORITY ISSUES
(Refer 10 legend althe end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 9
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Govemment Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
28. Executive session under Texas Government Code Section
551.071 regarding Cause No. C-04-94, Deborah J. Golder, et al
v. City of Corpus Christi, et ai, in the United States District Court
for the Southern District of Texas, with possible discussion and
action related thereto in open session.
N. 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.
29. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 79th Texas
Legislature.
30. CITY MANAGER'S REPORT
.
Upcoming Items
31. MAYOR'S UPDATE
32. COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
(Refer 10 legend .1 the end of the
agenda summary)
Agenda
Regular Council Meeting
January 25, 2005
Page 10
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the
front entrance to City Hall, 1201 Leopard Street, at 1 :30 p.m.,
January 21 ,2005.
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer 10 legend althe end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 18,2005 - 10:00 a.m.
PRESENT
Mayor Pro Tem Bill Kelly
Council Members:
Javier Colmenero
Brent Chesney
* Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
* Arrived at 11: 1 0 a.m.
ABSENT
Mayor Samuel 1. Neal Jr.
Mayor Pro Tem Kelly called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Council Member Scott and the Pledge of Allegiance to the United
States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified
that the necessary quorum of the Council and the required charter officers were present to conduct
the meeting. Mayor Pro Tem Kelly called for approval of the minutes of the regular Council
meeting of January I I, 2005. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Pro Tem Kelly referred to Item 2 and the following board appointments were made:
Electrical Advisorv Board
Martin Adrian (Reappointed)
Robert R. connoIy (Reappointed)
Charles E. Sebbert (Reappointed)
Craig Loving (Appointed)
Lee Montogomery (Appointed)
MechanicallPlumbinl! Advisorv Board
Bob Hughes (Reappointed)
Scott Corliss (Reappointed)
H. Ray Johnson, Jr. (Reappointed)
James M. Dildy (Appointed)
Everest Huerta (Appointed)
Mike Wanzer (Appointed)
Park and Recreation Advisorv Committee
Jamie Pyle (Appointed)
Mari Whitworth (Appointed)
*************
Mayor Pro Tern Kelly called for consideration of the consent agenda (Items 3 - 21). City
Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items
Minutes - Regular Council Meeting
January 18,2005 - Page 2
19 and 2 I. A Council member requested that Item 3 be discussed. Mr. Bill Kopecky, 3609 Topeka,
requested that Item 20 be discussed. A motion was made and passed to approve Items 3 through 21,
constituting the consent agenda, except for Items 3 and 20, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2005-018
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$I 10,940. Funds have been budgeted
by the Street Department in FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
5. ORDINANCE NO. 026104
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
2 I 700, to fund the production of a new "Shelter in Place" video.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent.
6.a. RESOLUTION NO. 026105
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.
The foregoing resolution was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
6.b. ORDINANCE NO. 026106
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent.
Minutes - Regular Council Meeting
January 18,2005 - Page 3
7. MOTION NO. 2005-019
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 1 I Liner Improvements.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
8. MOTION NO. 2005-020
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 43 I, 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.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
9. RESOLUTION NO. 026107
Resolution recognizing the public necessity of acquiring drainage and utility easements for
the Downtown Drainage Improvement Project, Phase I (#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.
The foregoing resolution was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
10. ORDINANCE NO. 026108
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 ofthe remainder of Lot 2, Block 2,
Brayton Addition, located at the northwest corner ofcaranchua 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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent.
Minutes - Regular Council Meeting
January 18,2005 - Page 4
I!. MOTION NO. 2005-02 I
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
$ I 3 8,290.4 I for the Resaca Lift Station work at the Broadway Wastewater Treatment Plant.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
12. MOTION NO. 2005-022
Motion authorizing the City Manager or his designee to execute Change Order No. I 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.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
13. RESOLUTION NO. 026109
Resolution authorizing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department ofTransportation (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)
The foregoing resolution was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
14. RESOLUTION NO. 026IlO
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, I 8 I .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)
The foregoing resolution was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
Minutes - Regular Council Meeting
January 18, 2005 - Page 5
15. MOTION NO. 2005-023
Motion authorizing the City Manager or his designee to execute Amendment No. I to a
Contract for Professional Services with Mody K. Boatright, P.E., of Corpus Christi, 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.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
16. MOTION NO. 2005-024
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.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
17. ORDINANCE NO. 0261 II
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 oftennis center, and City paying Pro $3, I 66 per month for Pro operating tennis
center.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent.
18. MOTION NO. 2005-025
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 I I thru
16 in the amount of$22,I67.15 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).
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
Minutes - Regular Council Meeting
January 18,2005 - Page 6
19. ORDINANCE NO. 026112
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Scott, voting "Aye";
Neal and Cooper were absent; Noyola abstained.
21. ORDINANCE NO. 0261 13
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. (First Reading I2/2I104)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Scott, voting "Aye"; Neal and
Cooper were absent; Noyola abstained.
Mayor Pro Tem Kelly opened discussion on Item 20, regarding updates to the code of
ordinances to reflect the results of the November 2004 election. Mr. Bill Kopecky, 3609 Topeka,
spoke regarding the proposed repeal of Section 17-34 to correspond with the current homestead
exemption. Due to the passage of a proposition in the November 2, 2004 election, a permanent ad
valorem tax freeze on residence homesteads of persons 65 years of age or older or disabled persons
and eligible spouses was established. Mr. Kopecky noted Section 17-34 was out-of-date, listing the
homestead exemption as $4,000 when it was currently $50,000. If the section was repealed, then
there would be no reference in the code or the charter regarding the current homestead exemption.
He spoke against this, saying the homestead exemption should be codified. City Attorney Fischer
stated staff proposed addressing this issue by adding references in the Editor's Notes of the code to
track the elections and subsequent ordinances changing the homestead exemption. She said citizens
would be able to access the Editor's Notes on the city's website.
Mr. Abel Alonzo spoke against Mr. Kopecky's use of the word "handicapped" when referring
to persons with disabilities. City Secretary Chapa polled the Council for their votes as follows;
20. FIRST READING 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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal
and Cooper were absent.
Minutes - Regular Council Meeting
January 18,2005 - Page 7
Mayor Pro Tern Kelly opened discussion on Item 3 regarding a professional services contract
with National Golf Foundation Consulting, Inc. to study the management and operations ofthe two
municipal golf courses. Mr. Noyola asked for more information on the services being provided.
Director of Procurement and General Services Michael Barrera replied the contract included the
following services: current overview of the golf industry; five-year business plan for continued
operations and management of the city's municipal golf courses; five-year maintenance plan for each
golf course; and seven to ten year operations pro forma plan for each golf course.
Mr. Noyola asked why the study couldn't be performed in-house by the park and recreation
department. City Manager Noe replied the purpose of the study was to provide an external review
of the management and operations of the courses, and then tasking staff with meeting these
standards.
Mr. Noyola asked how the contract would be funded. City Manager Noe replied the funds
were being taken out of the both golf funds. City Secretary Chapa polled the Council for their votes
as follows:
3. MOTION NO. 2005-017
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
by the Park and Recreation Department in FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
*************
Mayor Pro Tem Kelly referred to Item 22.a., and a motion was made, seconded and passed
to open the public hearing on the following alley right-of-way closure:
Public hearing 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.
City Secretary Chapa announced that Mr. Scott would be abstaining from the vote and
discussion on this item.
No one appeared in opposition to the alley right-of-way closure. Mr. Chesney made a
motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
January 18,2005 - Page 8
22.b. 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 7-1 I, Block 2, Furman Addition (between Hancock Avenue and
Furman Avenue) east of South Carancahua Street; subject to owner's compliance with the
specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye"; Neal and
Cooper were absent; Scott abstained.
Mayor Pro Tern Kelly referred to Item 23.a., and a motion was made, seconded, and passed
to open the public hearing on the following street closure:
23.a. Public hearing to consider abandoning and vacating a 6,394.30-square foot portion of the
South Carancahua Street right-of-way, north of Hancock A venue; and the Hancock Avenue
right-of-way, east of South Carancahua Street.
City Secretary Chapa announced that Mr. Scott would be abstaining from the vote and
discussion on this item.
No one spoke in opposition to the street closure. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
23.b. 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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye"; Neal and
Cooper were absent; Scott abstained.
Mayor Pro Tern Kelly referred to Item 24.a., and a motion was made, seconded, and passed
to open the public hearing on the following street closure:
24.a. Public hearing to consider abandoning and vacating the 14,73 I -square feet of the Huntwick
A venue 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
compliance with the specified conditions.
No one spoke in opposition to the street closure. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
January 18, 2005 - Page 9
24.b. FIRST READING ORDINANCE
Abandoning and vacating the 14,73 I-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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott, voting "Aye"; Neal
and Cooper were absent.
*************
Mayor Pro Tem Kelly referred to Item 25, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 1204-06. Marwell Petroleum: A change of zoning from a "R-IB" One-family
Dwelling District 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 corner of Saratoga Boulevard and
County Road 37 (Jurica Road).
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "1-2" Light Industrial District.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for
their votes as follows:
25. ORDINANCE NO. 026114
Amending the Zoning Ordinance upon application by Marwell Petroleum by changing the
zoning map in reference to 5.60 I acres out of Tract 7 of the William Robertson Farm Tracts,
from "R-IB" One-family Dwelling District to "1-2" Light Industrial 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: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye";
Neal, Cooper, and Scott were absent.
Mayor Pro Tem Kelly referred to Item 26, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Minutes - Regular Council Meeting
January 18,2005 - Page 10
Case No. 1204-08. Coastal Community and Teachers Credit Union: A change of zoning
from an "AB" Professional Office District to a "B-1" 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. I, Nueces County Health, Welfare and Safety
Center, located along the southwest corner of Trojan Drive and Prescott Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for
their votes as follows:
26. ORDINANCE NO. 0261 IS
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. I of
the Nueces County Health, Welfare and Safety Center, from "AS" Professional Office
District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye";
Neal, Cooper, and Scott were absent.
*************
Mayor Pro Tem Kelly referred to the presentation on the day's agenda, a quarterly update
by the Corpus Christi Convention and Visitors Bureau (CVB). CVB President and CEO Tom
Galyon reported on activities in the fourth quarter of2004. In this quarter, he said the CVB became
involved in heritage tourism, making the city a member of the Texas Tropical Trails, a historical tour
incorporating 20 counties in South Texas. The group received a state grant of $50,000 and would
be completing a four-color brochure on the historical aspects of southern Texas. He said an
executive director would be hired to coordinate the activities. In addition, signage would be
installed in all of the historical districts in each of the communities to showcase the city's history to
visitors.
Mr. Galyon reported the CVB was continuing its efforts to promote eco-tourism. He said
the CVB would be advertising for the first time in a new publication in the Rio Grande Valley,
submitting a birding/butterfly map.
Mr. Galyon briefly discussed the CVB's promotion of sports events, specifically a Division
III, NCAA baseball invitational planned for 2006. The CVB was working with a coach from
Williams College in Massachusetts to bring approximately 3,300 athletes, their coaches, and their
parents in February through April 2006.
Mr. Galyon briefed the Council on the CVB's public relations efforts last quarter. He
Minutes - Regular Council Meeting
January 18, 2005 - Page I I
mentioned a two-page article on Corpus Christi that appeared in La Presse, Canada's highest
circulated French language daily newspaper, with a circulation of approximately 310,000. In
addition, he said the CVB hosted a press tour from the United Kingdom with six travel journalists
in December.
Mr. Galyon briefly covered the CVB's Winter Texas promotions, noting that the area had
experienced a large surge in Winter Texas tourism because of the hurricane activity in Florida last
year. The CVB distributed 40,000 Winter Texan Survival Kits with discount coupons, and enhanced
the Winter Texas page on its website. They also distributed 15,000 Texas Buckaroo Bucks coupon
books, primarily targeting Canadian tourists.
Regarding the CVB's website, Mr. Galyon mentioned recent improvements to the calendar
of events, making it more user-friendly and easier to print. In addition, there was a 30 percent
increase in hits to their website last quarter, and an I I percent decrease in visits to their information
centers. He said this was indicative of how the public was making travel arrangements and
obtaining travel information in today's world.
Mr. Galyon discussed the CVB's new corporate logo, which he debuted during his last
quarterly report. He said it continued to be well-received, earning an Addy Award from the Corpus
Christi Advertising Club. More importantly, however, the logo showcased the city's most prominent
attribute, its beaches.
Mr. Galyon reported the results of a web-based survey completed last quarter. The survey
targeted Texans who travel in Texas, and out of 8,000 individuals surveyed, they received 1,259
respondents. 56 percent of the respondents claimed they looked for a beach when making travel
plans, and 68 percent listed beaches a feature they like most about Corpus Christi.
To capitalize on this information, Mr. Galyon stated the CVB had refocused its advertising
and marketing efforts to showcase the city's beaches. He displayed samples of the bureau's new
beach-focused advertising on billboards and in print media. In addition, the bureau has developed
a broad-based media kit to strengthen media relations with newspapers and publications, featuring
a number of positive articles about Corpus Christi and a picture CD. It has been distributed to all
the major travel writers in Texas.
Finally, Mr. Galyon discussed the CVB's market research efforts. In December 2004, the
CVB initiated web-based advertising and a focus group survey to gauge what people's thoughts
about Corpus Christi as they related to the leisure market and the meetings and conventions market.
He said the report would be finalized in late January or early February 2005, and the final results
would be announced during the first annual State of the Industry Luncheon in late March.
In addition, Mr. Galyon reported the CVB initiated an Economic Impact survey during the
Texas Municipal League conference and the Conference for the Association of Science Teachers
through Texas A&M - Corpus Christi. Their research would continue with the Family Career and
Community Leaders of America conference, to be held at the end of January. He said they would
complete their research report in mid-June.
In conclusion, Mr. Galyon stated next fiscal year's goal was to focus on the economic impact
Minutes - Regular Council Meeting
January 18,2005 - Page 12
of sporting events as well as public shows. He said the CVB's overall goal was to produce accurate
data that the Council, the media, and the bureau can use to illustrate the economic impact of tourism
on the community.
*************
Mayor Pro Tern Kelly opened discussion on Item 28, the consideration of a petition filed by
five petitioners to repeal the ordinance which prohibits smoking in food service establishments
within the city. City Secretary Chapa informed the Council the deadline to take action on this
petition was today.
Mr. Chapa described the petition process in more detail. If the Council chose not to take
action on the item, or if the Council denied the request to repeal the ordinance, then Mr. Chapa
would provide the petitioners with pages to secure the signatures of other registered voters. Mr.
Chapa said the petitioners would need to secure the signatures offive percent of the registered voters
within 90 days to force an election repealing the ordinance. If a valid petition was submitted within
60 days, the ordinance would stop being enforced, and an election would be called on the second
Saturday in September. If a valid petition was submitted within 60 and 90 days, the ordinance
would continue to be enforced, and the election would be held in April 2007, the next City Council
election date.
Mayor Pro Tem Kelly called for public comment. Mr. Clark James with Citizens for Choice
and Common Sense proposed an amendment to the ordinance for the Council's consideration. He
said any restaurant built or remodeled since 1988 should already have separate ventilation for
smoking areas, so the amendment provided for a wall to be built to separate smoking areas from
non-smoking areas before 2005. Restaurants built before 1988 would be grandfathered until 2008
or until they were remodeled, whichever came first. He urged the Council's support for the
amendment because otherwise, his group would support the petition drive.
Mr. Mark Komika spoke against the city's smoking prohibition ordinance because he felt it
would hurt his air filter installation business.
Mr. J.P. Jordan, owner of Crystal's Restaurant, and Mr. Dee Haven, president of the city's
restaurant association, spoke against the city's smoking prohibition ordinance, saying the city should
level the playing field by prohibiting smoking in bars and restaurants. In response to Mr. Scott's
question, Mr. Haven added the restaurant association had not established an official position on the
issue, but the majority of restaurant owners seemed to agree with Mr. Jordan's position.
Mr. Colmenero asked Mr. Haven ifhe had reviewed Mr. James's proposed amendment. Mr.
Haven replied he did not see any major differences between Mr. James's proposal and the restaurant
association's proposal other than the grandfathering phase. He said the grandfathering language was
already present in the existing 1988 ordinance.
Mr. Kinnison asked if the restaurant association had any plans to take an official position on
the issue of extending the smoking ban to bars. Mr. Haven replied it was a possibility, perhaps at
their February 3 board meeting.
Minutes - Regular Council Meeting
January 18, 2005 - Page 13
Mr. Rick Hayley and Ms. Chris Lawrence with the Smoke Free Rights Now Coalition spoke
in support of the city's smoking prohibition ordinance.
Ms. Cheryl Bratcher spoke against the city's smoking prohibition ordinance, and urged the
Council to rescind their ordinance.
Mr. Bill Kopecky, 3609 Topeka, spoke in favor of allowing the smoking issue to go before
the voters rather than reconsider the ordinance. He also spoke in favor of amending the Charter to
give the Council the authority to call an election on an issue without a petition.
Mayor Pro Tem Kelly asked what the Council's options were in this matter. City Secretary
Chapa stated the Council could make a motion to deny the request to repeal the ordinance or take
no action. If the Council chose to take no action, Mr. Chapa explained he would provide the
petitioners with petition pages. The Council chose to take no action.
*************
Mayor Pro Tem Kelly opened discussion on Item 29, the discussion and consideration of
amending the code of ordinances regarding public access issues. City Manager Noe stated the
Council had asked staff to submit recommendations to reduce city involvement with public access.
He said city involvement with public access was limited to two areas - the operation ofthe P AUGs
(Public Access User Groups) and the public access studio. He asked Assistant City Manager Oscar
Martinez to elaborate on staffs recommendations.
Assistant City Manager Oscar Martinez briefly referred to a timeline of the major issues
related to the Channel lOP AUG leading to this point. He then discussed staffs recommendations
to improve and reduce the city's involvement with public access by amending the code of
ordinances. Staff's goal throughout the endeavor was to find ways to support the producers, the
most important aspect of the process.
Mr. Martinez stated the first proposed ordinance amended Chapter 2 of the code of
ordinances to reduce the duties of the Cable Communications Commission related to access user
groups. The duties being deleted were as follows: certifying the access user groups; establishing
rules and regulations for public access channels, and the coordination of access user group activities.
Mr. Chesney interjected by asking if it was possible for the city to completely end its
affiliation with public access, and if Time Warner could limit its involvement to simply providing
a public access station. Mr. Martinez replied negatively, saying the city's franchise agreements with
Time Warner and Grande Communications required the city to manage the public access process.
Assistant City Attorney Lisa Aguilar clarified the public access user group (P AUG) had certain roles
in managing the process. City Manager Noe added the city could delegate some of its
responsibilities to the PAUG.
City Manager Noe elaborated that for the city to eliminate the PAUG and to cease its
involvement with programming content, Time Warner would have to agree to amend its franchise
agreement to assume the duties of the P AUG. As a P AUG, they would be responsible for ensuring
the delivery of tapes and that the content of the tapes met certain standards, among other duties.
Minutes - Regular Council Meeting
January 18, 2005 - Page 14
Staff approached Time Warner with this possibility, but they were not interested.
City Manager Noe said staff was recommending that the city assume the responsibilities of
the PAUG. Assistant City Manager Martinez added if the city were to become the Channel 10
P AUG, it would actually reduce staff's workload, given the current conflicts and complaints that
exist.
Mr. Chesney asked why the city didn't assume responsibility for Channel 18 to avoid the
perception that the city was penalizing one group. Mr. Martinez replied the city could do this, but
since the Channel 18 PAUG was functioning well, staff had not recommended this action.
Mr. Chesney asked what the Cable Communication Commission's role would be now. Mr.
Martinez answered the duties would basically remain the same. They would still receive the tapes,
set the guidelines for quality and length of tapes, and perform a quality review.
Mr. Colmenero asked if staff had considered hiring an independent party to serve as an
arbitrator for public access issues. Mr. Martinez replied staff had discussed this matter amongst
themselves and with Time Warner, but since it required funding, it was not recommended. Staff also
discussed the possibility of strengthening the eligibility requirements for a P AUG.
Mr. Colmenero asked what kind of staffing would be required if the city were to become the
Channel PAUG. Mr. Martinez replied one existing staff person would oversee and conduct the
responsibilities of the PAUG, namely to access and deliver the tapes, and conduct the lottery as
required. He said it did not appear these duties would take an inordinate amount of time.
(*Ms. Cooper arrived at 1 I: 10 a.m.)
Mr. Colmenero expressed concern that staff's recommendation would further erode the city's
relationship with the producers. Mr. Martinez replied it should not be an issue if staff performed
their duties equitably and well.
Mr. Kinnison asked how staff's recommendation would affect the studio management. Mr.
Martinez said the studio management was a separate issue, and these recommendations would not
affect the studio at all. City Manager Noe stated the city's existing agreement regarding the studio
had a 30-day cancellation provision. If the Council wished to terminate the contract, they could
direct the city manager to exercise the 30-day option.
Mr. Kinnison expressed concern that staff's recommendation would not address the studio
management issue, which was a large part of the conflict. He was also concerned that city staff
would spend too much time working with public access issues.
Mr. Noyola spoke in support of staff's recommendation, saying it addressed his main concern
that the producers be allowed to show their programs.
Mr. Chesney again raised the issue of studio management. Mr. Noe reiterated there was no
legal requirement that the city maintain its contract for the public access studio management. There
was a 30-day cancellation clause in the contract, and ifthe Council wished to terminate the contract,
Minutes - Regular Council Meeting
January 18, 2005 - Page IS
it could be discussed during the second reading of the ordinance.
Mr. Chesney strongly supported staff's recommendation to assume the responsibilities of the
Channel 10 P AUG. He also spoke in support ofterminating the studio contract, ifthere was Council
support. He said the Channel 10 PAUG had a history of problems over its four year existence, and
he had no reason to believe it would change. He said the community was tired of the constant
bickering and conflict among the producers, and it would behoove the Council to extricate the
community from the conflict.
Ms. Cooper agreed with Mr. Chesney. She said if the city served as the P AUG for Channel
10, it would alleviate much of the conflict.
Mayor Pro Tem Kelly asked if the city would assume any liability by becoming the Channel
lOP AUG. Mr. Martinez and Ms. Aguilar were unaware of any liability issues. Mr. Martinez added
that if the city were to assume the responsibilities of the PAUG, then there would be clear
accountability if a show were not aired as planned, for example.
Mayor Pro Tem Kelly asked for public comment. The following individuals spoke in
opposition to staff's recommendation: Mr. Jack Gordy, 41IS Bray; Mr. Jerome Bradford, 4801
Hamlin; Rev. Robert J. Reyna; Mr. J.E. O'Brien, 4130 Pompano; Mr. Richard Pulido, Chairman of
the Cable Communications Commission; and Mr. Edmund Montes.
The following individuals spoke in favor of staff's recommendation: Mr. Mando Carnina, Ms.
Cruz Colomo, and Mr. Victor Santiago.
Mr. Emile Bolden spoke regarding public access issues.
Pastor Javier Flores was concerned about the possible closing of the public access studio,
saying it may hurt some producers who relied on the equipment. He said the Channel 10 P AUG was
currently running well.
Mr. Scott asked Mr. Pulido how much time the Cable Communications Commission was
spending on P AUG issues, since they were currently serving as the Channel 10 P AUG. Mr .Pulido
replied the commission was spending a minimal amount of time on PAUG issues. He felt staff's
recommendation did not address the real problem, which was the studio management. He asked the
Council to give the Channel lOP AUG another opportunity to organize.
Ms. Martha Martinez spoke in support of public access programming, and asked for more
training for new producers.
Mayor Pro Tem Kelly asked for clarification that today's agenda item did not deal directly
with the public access studio management. City Manager Noe answered affirmatively, but said the
item was broad enough that the Council could direct staff on the studio management issue if they
wished.
Mr. Scott commented that several of the speakers during the public comment period were
opposed to staffs recommendation because they felt the studio management was at the core of the
Minutes - Regular Council Meeting
January 18,2005 - Page 16
conflict, not the PAUG. He said he was inclined to believe Mr. Pulido's comments in this regard
were accurate. He also did not understand why the producers were opposed to the city serving as
the P AUG because in a way, it was a show of support for public access. He said the city had been
criticized in the past for not taking a more active role in public access. Mr. Martinez agreed, adding
the city's action would also create a direct line of accountability regarding Channel 10 PAUG
functions. Mr. Scott spoke in support of staffs recommendation, although he did feel it would
completely address the problems with public access.
Mr. Colmenero proposed adopting the ordinance as presented on first reading, with the
understanding that the new PAUG would be given a period of three months to demonstrate they
could operate successfully. Mr. Colmenero suggested the second reading could be considered after
the three month period. He felt this was a good compromise. City Secretary Chapa advised him to
make his motion after the vote on the first reading.
Mr. Noyola asked how the proposed ordinances would affect the public access studio
management. Mr. Martinez replied the proposed ordinances would not affect the current studio
management, which the city had contracted out with Ms. Cruz Colomo's group, the Coalition for
Public Access, for one year. Mr. Noyola asked ifMr. Colmenero's amendment was passed, could
Mr. Gordy's group, PAC 10, be certified as the Channel 10 PAUG by the Cable Communications
Commission. Mr. Martinez replied affirmatively, but said historically the groups have not
demonstrated the ability to work together well. City Manager Noe said it might be prudent to
include a provision in the amendment stating the City Council would not serve as the mediator
between the groups. Mr. Noyola replied the Cable Communications Commission could be
designated as the mediator. Mr. Noyola then spoke in support of Mr. Colmenero's amendment.
Mr. Chesney spoke against Mr. Colmenero's amendment, saying the situation had worsened
to the point where any additional delays would be futile. He said it was time for the Council to take
action to recti1)t the situation.
Ms. Cooper agreed with Mr. Chesney's comments. She believed the city needed to take
control of the situation, and thus spoke in support of the proposed ordinances. City Secretary Chapa
polled the Council for their votes on the proposed ordinances as follows:
29.a. FIRST READING 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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Neal was absent.
Minutes - Regular Council Meeting
January 18,2005 - Page 17
29.b. FIRST READING 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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Neal was absent.
Mr. Colmenero made a motion to postpone the second reading of the ordinances for three
months. After three months time, the Council could decide whether to adopt the ordinances as they
were passed on first reading. Mr. Noyola seconded the motion. City Secretary Chapa polled the
Council for their votes on Mr. Colmenero's motion as follows: Colmenero and Noyola, voting
"Aye"; Kelly, Chesney, Cooper, Garrett, Kinnison, and Scott, voting "No"; Neal was absent. The
motion failed.
* * * * * * * * * * * * *
Mayor Pro Tem Kelly called for petitions from the audience. Ms. Dee Huber, 131 I 15th
Street, questioned why the Council was able to have an invocation before the Council meetings,
while prayer in schools was not allowed. Mayor Pro Tem Kelly replied prayer in schools was a
school board issue, and he advised her to speak with the school board. Mr. Scott stated it was the
Council's prerogative to have an invocation before Council meetings, and they would continue to
do so.
Mr. Denny Bales, 3 I IS Cabaniss Parkway, spoke in favor of extending the hours for the
city's animal care facility to include Saturdays. He also offered to assist the animal care facility by
sponsoring a weekly program on the Channel 3 noon broadcast to promote pet adoptions. City
Manager Noe noted staff was developing cost estimates for another Saturday pilot program for the
Council's consideration. If this pilot program proved more successful than the previous one, then
Mr. Noe said staff would include Saturday operations in next fiscal year's budget.
Ms. Sherry Dunlap spoke regarding the petition to adopt an ordinance reducing the numbers
of unwanted and neglected animals. She mentioned a new provision to tattoo or microchip animals
to prevent breeding abuses, and also discussed problems with the promptness of animal control
officer dispatching. Mr. Becki Jones thanked Police Chief Pete Alvarez and the police department
for their assistance with animal cruelty cases.
Mr. George Iniguez, 713 Texas Avenue, provided an update on the condition of the public
access studio and spoke in support of keeping the studio open. Mr. Jack Gordy, 4118 Bray,
questioned the legality of the Coalition for Public Access groups by-laws, and spoke against Ms.
Cruz Colomo's management of the public access studio. Ms. Cruz Colomo, president of the
Coalition for Public Access group, refuted Mr. Gordy's comments. Mr. Noyola expressed concern
that Ms. CoIomo's group was proposing a studio use fee for non-P AUG members in their by-laws.
City Manager Noe stated staff had received a copy of the by-laws, and would be meeting with Ms.
Colomo to discuss their concerns.
Minutes - Regular Council Meeting
January 18,2005 - Page 18
Pastor Thomas Booker spoke in support of continuing with the public access studio.
Mr. Wayne Hodge, 3626 Redwood, spoke regarding the shortage of manpower on the police
force. City Manager Noe replied staff was currently processing 30 officers off the retirement list.
Once this process was completed, a new police academy would be planned. He said staff was also
attempting to expedite the hiring of candidates with existing certificates.
*************
Mayor Neal called for the City Manager's report. City Manager Noe reported the airport
announced a 7.9 percent increase in enpIanements over last year. He also announced a business
development project meeting on February 3 from 8:00 a.m. to noon, a joint project with Del Mar
College and the Small Business Development Committee.
Mr. Noe stated the following items were scheduled for next week's Council meeting: the
second reading of the public access ordinances; R.T.A. trolley discussion; Alameda Street hospital
zone discussion; and the Animal Care Committee's recommendations regarding the petition
recommending the required spaying and neutering of animals. Regarding the animal petition, Mr.
Noe said the Council would meet the 45-day deadline to review the proposed ordinance in the
petition.
Mayor Pro Tem Kelly thanked City Secretary Chapa, City Manager Noe, and the Council
for assisting him while presiding over the meeting in Mayor Neal's absence. He also wished City
Manager Noe a happy birthday. Mr. Scott mentioned it was Mr. Noyola's second wedding
anniversary as well, and congratulated him. Mayor Pro Tem Kelly asked Mr. Noe to speak with him
after the meeting regarding a letter he had received from the county judge.
Mayor Pro Tem Kelly called for Council concerns and reports. Mr. Noyola thanked the
Molina residents for their participation in the Neighborhood Initiative Program meeting in their area.
He also thanked Ms. Yvonne Haag, City Manager Noe, Mr. Angel Escobar and staff for attending
as well. Mr. Noyola also wished his wife a happy anniversary.
There being no further business to come before the Council, Mayor Pro TemKelly adjourned
the Council meeting at 1:30 p.m. on January IS, 2005.
* * * * * * * * * * * * *
2
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for approximately 118,000 lbs.
of drop-on type glass spheres, in accordance with Bid Invitation No. BI-0040-05 from Swarco
Reflex, Inc., Mexia, Texas. based on low bid for an estimated annual amount of$26,715.20. This
item will be used by Street Services. The term of the contract is for twelve months with options
to extend for up to two additional twelve-month periods, subject to the approval of the supplier
and the City Manager, or his designee. Funds have been budgeted by the using department in
FY 04-05.
BACKGROUND:
Purpose:
This item will be used by Street Services to mix with traffic
marking paint to make the paint reflective.
Previous Contract:
The option to extend the previous contract was not exercised due
to the vendor's inability to maintain current pricing.
Bid Invitations issued:
Nine
Bids Received:
Four
Price Analysis:
When compared to the previous bid of2004, pricing has increased
approximately 2%.
Award Basis:
Low bid.
Funding:
Street Services - 520130-1020-12320
$26,715.20
Micha era
Procurement and General Services Manager
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3
AGENDA MEMORANDUM
RECOMMENDA nON: Motion approving supply agreements with the following companies for the following
amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-05-1 for food
items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month
expenditure of$I29,401.82. The terms of the contracts shall be for six months with an option to extend for up to
three additional months, subject to the approval of the Coastal Bend Council ofGoverrunents, the suppliers, and the
City Manager or his designee. Funds have been budgeted by Senior Community Services in FY04-05.
Ben E. Keith
San Antonio. TX
64 Items
$20,634.73
LaBatt Food Service
Corpus Christi. TX
I 04 Items
$53,421.65
PFG
Victoria. TX
76 Items
$55,345.44
Grand Total- $129,401.82
**************************************************************************************
BACKGROUND:
Purpose:
These food items will be used by Senior Community Services for the
Elderly Nutrition Program.
The items are combined under a cooperative bid issued by the Coastal
Bend Council of Governments (CBCOG). Participating members are
comprised of the City of Corpus Christi, Aransas Council on Aging,
Community Action Corporation of South Texas, Duval County, Bee
Community Action Agency, Kleberg County Human Services,
Nueces County Senior Community Services, Refugio County Elderly
Services, and San Patricio Community Action Agency.
The recommended awards are based on low bid.
Funding:
Senior Community Services
ENP 520070-1067-810805
MOW 520070-1067-810505
$106,108.32
23,293.50
Total:
$129,401.82
lcliaeI Barrera
Procurement & General Services Manager
COUNCIL OF GOVERMENTS.STAPLES, MEAT & OTHER FROZEN FOODS
Senior Community Services
Bid Period Covering January 3, 2005 - July 1, 2005
Date: 1/05/05
Bid Tabulation: CBCOG-05-1
Ben E. Keith
San Antonio. Texas
Canned Fruit. Canned Vegetables. Dried Vegetable, Canned Meat.
Condiments, Relishes. Soups & Bases, Starches and Pasta.
Sugar & Products. Miscellaneous Products, Beef, Prepared Products,
Frozen Vegetables. Frozen Fruit & Dessert. and Dairy Products
LaBatt Food Service
Corpus Christi. Texas
Canned Fruit, Dries Fruit, Canned Vegetables, Dried Vegetables,
Condiments, Dressing. Juices. Oil & Shortening, Relishes
Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products.
Fresh Produce. Beef. Pork. Pouitry,Prepared Products
Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products
PFG
Victoria. Texas
Canned Fruit; Canned Vegetables. Dried Vegetables,
Canned Meat, Condiments. Dressing, Juices, Soup and Bases, Spices,
Oil & Shortening, Starches & Pasta. Sugar & Products. Miscelianeous Products.
Fresh Produce. Beef, Fish, Pork, Poultry. Prepared Products.
Frozen Vegetables. Frozen Fruit & Dessert. and Dairy Products
Grand Total:
$20.634.73
53,421.65
55,345.44
5129.401.82
4
AGENDA MEMORANDUM
RECOMMENDA nON: Motion approving a supply agreement with Hill Country Dairies, Corpus
Christi, Texas in accordance with Coastal Bend Council of Governments Bid Invitation No.
CBCOG-05-2, for 152,000 half-pint containers ofIow fat milk, based on the recommended award
submitted by the Coastal Bend Council ofOovernments for an estimated twelve month expenditure
of$29,670.40. The term of the agreement shall be for twelve months with an option to extend for up
to three additional months, subject to the approval of the Coastal Bend Council ofGovemments, the
supplier and the City Manager or his designee. Funds have been budgeted by Senior Community
Services in FY04-05.
****************************************************************************
BACKGROUND:
Purpose:
These items will be used by Senior Community Services for the
Elderly Nutrition Program.
The items are combined under a cooperative bid issued by the
Coastal Bend Council of Governments (CBCOG). Participating
members are comprised of the City of Corpus Christi, Aransas
Council on Aging, Community Action Corporation of South
Texas, Duval County, Bee Community Action Agency, KIeberg
County Human Services, Nueces County Community Services
(Robstown) and San Patricio Community Action Agency.
The recommended award is based on the evaluation and
recommendation of participating members of the Coastal Bend
Council of Governments. The department concurs with this
recommendation.
Funding:
Senior Community Services
ENP 520070-1067-810805
MOW 520070-1067-810505
$24,329.73
5,340.67
Total:
$29,670.40
---------
Coastal Bend Council of Governments
CBCOG-05-2
Bid Tabulation
Buyer: Gabriel Maldonado
Date:12/27/04
Quantity - 152,000
LOW FAT MILK - 1/2 pints, 2%
Hill Country Dairies
Corpus Christi, Texas
$29.670.40
Borden
Austin. Texas
30,400.00
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 01/25/05
AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of
$56,163 to the State of Texas, Criminal Justice Division for Year 6 funding available under the
Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City
match of $11 ,959 and $2,800 in-kind services and authorizing the City Manager or the City
Manager's designee to apply for, accept, reject, alter or terminate the grant.
ISSUE: Sixth year funding is available from the State of Texas, Criminal Justice Division, under
the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of
providing direct services to victims of crime.
BACKGROUND INFORMATION: The grant continues the Victim Assistance Program that
provides assistance to victims and family members with the goal of lessening the short and long-
term trauma experienced as a direct result of victimization. Victims and their family members are
provided with information, reassurance, and guidance for resolving problems and referrals to
other social service agencies.
The grant covers the salary/ benefits for a Victim Case Manager, equipment, supplies, training,
and mileage. The case manager provides services to victims including information and referral,
criminal justice support and case information, assistance with filing forms for benefits available
through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act,
informing victims of their rights as victims, advocating on victims behalf with other agencies and
within the criminal justice system, and transportation to shelter or to court. They also work with
the Victims Advocates located at the District and County Attomeys office. Primary and
secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help
victims to understand and participate in the criminal justice system, and provide victims of crime
with a measure of safety and security. The case manager also works closely through coalitions
and with other agencies in an ongoing effort to identify needs and to improve the quality and
continuity of services to victims in the community. Additionally, they provide training to
community groups regarding victimization issues and available resources, thereby increasing
community awareness.
FUNDING: Funding is available 911/05 - 8/31/06. The State provides $41,404, volunteer hours
$2,800 in-kind, and the law enforcement trust fund $11,959. The funding is not on a declining
percentage or ending funding cyde, but is subject to the federal appropriation awarded to the
State for distribution.
REQUIRED COUNCIL ACTION: Approval to submit application.
G
P. Alvarez,
Chief of Police
Attachments:
Grant application
VOCA 05106
-_.---
Catel!Orv CJD Grantee In-Kind Total
Personnel $ 41,404 $ 2,790 $ 2,800 $ 46,994
Personnel: Victim's Case Manager 100"/0 time $ 32,000 $ 1,772 $ - $ 33,772
Fringe Benefits: retirement, insurance $ 9,404 $ 1,018 $ - $ 10,422
Volunteer staff: 350 hours valued at $8/hour $ - $ 2,800 $ 2,800
-- .
Professional and Contractnal $ - $ - $ - $ -
Travel and Traininlii $ - $ 2,537 $ - $ 2,537
Equioment $ - $ - $ - $ -
Suoolies $ - $ 6,632 $ - $ 6,632
Total Direct Charliies $ 41,404 $ 11,959 $ 2,800 $ 56,163
~~c:osts (not allowed) $ - $ - $ - $ -
- .----_.. . -
TOTAL $ 41,404 $ 11,959 $ 2,800 $ 56,163
73.72% 26.28%
$ 14,759
Fringe Benefits on $ 33,772 CJD Grantee
Texas Municipal Retirement System 14.03% $ 4,738
FICA 7.65% $ 2,584
Insurance $ 3,100
-
Total Frinl!C Benefits $ 10,422 $ -
Travel and Traininlii cm Grantee
A. In-state travel and training costs $ - $ 1,100
B. Out of State Travel $ - $ 1,000
B. Local mileage: 90 miles/mo?n1- A05/mile $ - $ 437
Total $ - $ 2,537 $ 2,537
Eouiomeot cm Grantee
$ - $ -
$ -
Total -- $
- $ - $ -
Suoolies cm Grantee InKind
A. Office supplies $ - $ 2,000 $ -
-- -. ,..._~ ~~ .-
B. Communications
CeUular chane airtime (30 xU) -
I. $ - $ 360 $ -
-~". ,,-
2. Pager ($6 x 12) $ - $ 72 $ -
C. Printinlii educational literature $ - $ 2,000 $ -
---
~. Postage $ - $ 1,000 $ -
E. Miscellaneous office eqnioment $ - $ 1,200 $ -
Total $ - $ 6,632 $ - $ 6,632
1/14/2005
VOCA BUDGET.XLS 0506
Grant Coversheet Form
1. ENTER the legal name of the organization:
City of Corpus Christi
2. ENTER the title of the project
Victims of Crime Act Fund (federal CFDA-16.575) - VOCA
3. ENTER the division or unit to administer the project:
Corpus Christi Police Department
4. ENTER the agency's State Payee Identification Number:
00000746000574
12. a) ENTER the Authorized Official Information:
Title (Mr.. Ms.. Dr.. Judge. etc.): Me.
Name:
Position:
George K.
Noe
City Manager, City of Corpus Christi
5. Is the applicant organization delinquent on any
federal or state debt? (SELECT One):
Note: CJD will not award a grant to an applicant that is delinquent on any
federal or state debt unless they can show mitigating circumstances, subject
to CJD approval.
6. The funding source your organization is applying for is:
No
Address: P. O. Box 9277
City/State/Zip: Corpus Christi
Telephone~ 361-880-3220
Email: Georgen@cctexas.com
b) ENTER the Project Director Information:
Title (Mr., Ms., Dr., Judge, etc.): Mr.
Name:
Pete
Alvarez, Jr.
7. ENTER the grant period:
From: 7/1/2005
Position:
Address:
Chief of Police, City of Corpus Christi
P. O. Box 9016
To:
6/30/2006
City/State/Zip: Corpus Christi
Telephone: 361-886-2604
Email: policechiefpalvarez@yahoo.com
c) ENTER the Financial Officer Information:
Title (Mr., Ms., Dr., Judge, etc.): Mrs.
78469
361-886-2607
8. ENTER the current grant number if a continuation project:
V A-Q4-V30-15223-05
9. Budget Information (figures are filled in from the Budget Form) :
Name:
Position:
Address:
O'Brien
Cindy
..t
1 Q. a) Is this a local or regional project? (SELECT
One):
b) Is this grant application in response to a Request
for Applications (RFA) as published in the Texas
Register? (SELECT One):
Director of Finance, City of Corpus Christi
P. O. Box 9277
Yes
City/State/Zip: Corpus Christi
TX
78469
Telephone:
Email:
361-880-3610 Fax:
361-882-7320
CindyO@cctexas.com
c) If you marked 'No' to item 1 a.b), ENTER the
name of the CJD staff member that you contacted
for submission:
No
13. a) SELECT your organization type based on the list of eligible applicants by
fund source:
City
This application
subject to a regional COG Prioritization.
11. SELECT the primary service county or area:
Nueces
b) LIST the cities and counties within the service area:
Corpus Christi, Texas
The regional council of government (COG) for this application is:
b)l(Pm!i; -
c) PI'Iori~'"
Page 1 of1
Coversheet Form
Legal Name of Organization:
Title of Project:
Grant Period:
Current Grant Number (If Continuation):
Minimum Match Percentage (If Applicable):
Minimum Match Amount (If Applicable):
2. ENTER Program Income Applied to this Budge
If A licable:
Grant Budget Form
Total Project Cost Amount:
BUDGET DETAIL
PERSONNEL Salary %
Applied to the
Grant CJD Funds Cash Match In-Kind Total
A. Victim Case Manager-total salary of $33,772. Case
Manager provides crisis counseling, follow-up contact,
personal advocacy, telephone contact, information and
referral. B. Fringe Benefits for total salary = $10,422 (1. TX
Municipal Retirement System @14.03%=$4,738; 2. FICA
@7.65'10=$2.584: 3. Insurance = $3.100).
100.00% $41,404 $2.790 $0 $44,194
C. Volunteer Staff (350 hrs @ $8.00/hr) will provide
assistance with mail outs, data entry, filing, eve
applications, and other general office duties as needed in
order to sucessfully meet project goals. 100.00% $0 $0 $2.800 $2,800
CONTRACTUAL AND PROFESSIONAL SERVICES CJD Cash In- Kind Total
Not Applicable $0 $0 $0 $0
TRAVEL AND TRAINING CJD Cash In-Kind Total
A. Local Mileage: 90 miles/month @ $0.405/mile $0 $437 $0 $437
B. In-state Travel & Training Costs (1. Costs sending
Advocate and Volunteers to in-state training conferences.
At this time we will be unable to be specific on training
opportunities and costs to be paid by grant funding; 2.
Costs will be espanded using the Runzheimer Travel Index
to Provide per diem quotations: additional costs will include
tuition, lodging, airfare, rental cars, mileage reimbursement,
and related fees.)
$0 $1.100 $0 $1,100
C. Out of State Travel and Training Costs - Same poliCies
as In-State Travel $0 $1.000 $0 $1,000
EQUIPMENT CJD Cash In-Kind Total
Not Applicable $0 $0 $0 $0
SUPPLIES AND DIRECT OPERATING EXPENSES CJD Cash In-Kind Total
A. Office Supples - include general office supplies for the
project staff. $0 $2.000 $0 $2,000
B. Communications Cost will be used for the full-time Victim
Case Manager[1. Cellular phone airtime ($35.00 X 12
months = $360): 2. Pager ($6.00 X 12 months = $72)1
$0 $432 $0 $432
C. Printing Educational Literature and Public Service
Announcements, Classroom Instructional Supplies,
Brochures, Educational Resource Material. $0 $2.000 $0 $2,000
D. Postage - Funds will be used to follow-up with victims
who make a crimes against a person report. $0 $1,000 $0 $1,000
Page 1 012
Budget Form
Grant Budget Form
E. Services & Other Costs - Include small office supplies,
paper folder, paper binder, fold-up cart, paper liminator,
mobile file holders, fold up tables for presentations, brochure
holders, information fold-up board, label tools, and small tent
with program logo for outside presentations.
$0 $1.200 $0 $1,200
INDIRECT COSTS (the Direct Costs Against CJD Direct Match Direct
Which the Indirect Rate Is Charaed\ Costs Costs Indirect Rate Total
Not Applicable $0 $0 0.00% $0
BUDGET SUMMARY
BUDGET CATEGORIES CJD CASH IN-KIND TOTAL
PERSONNEL $41,404 $2.790 $2,800 $46,994
CONTRACTUAL AND PROFESSIONAL SERVICES $0 $0 $0 $0
TRAVEL AND TRAINING $0 $2,537 $0 $2.537
EQUIPMENT $0 $0 $0 $0
SUPPLIES AND DIRECT OPERATING EXPENSES $0 $6,632 $0 $6,632
TOTAL DIRECT COSTS: $41,404 $11,959 $2,800 $56,163
INDIRECT COSTS $0 $0 $0 $0
TOTAL: $41,404 $11,959 $2,800 $56,163
Actual Total Match: $14,759
Actual Match Percentage Applied to this Budget: 26,28%
Page 2012
Budget Form
Match & Generated Program Income (GPI) Form
Legal Name of Organization:
Title of Project:
Grant Period:
Current Grant Number (If Continuation):
A. CASH MATCH SOURCES AND AMOUNTS
1. a) ENTER Source of Cash Match (e.g.. b) ENTER
program income. city, county. etc.): Amount:
Cont'd - ENTER Source of Cash Match
Cont'd - ENTER
Amount:
(1) City of Corpus Christi
$ 11.959 (11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(19)
(10)
Total Cash Match
$
11,959
B. GENERATED PROGRAM INCOME (GPI) REPORTING
The information requested below is not calculated in the computations as part of this grant application. It is for
reporting purposes to CJD only. Even though some program income may be listed as "CASH MATCH" within the
Budget Form, all program income on-hand must be shown below.
ENTER Program Income On-Hand as of the grant application submission date:
Page 10f1
Match - GPI Form
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE STATE OF
TEXAS, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF $56,163 FOR
YEAR 6 FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT
(VOCA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT,
WITH CITY MATCH OF $11,959 IN THE NO. 1061 TRUST FUND AND $2,800
IN-KIND SERVICES; FOR A TOTAL PROJECT COST OF $70,922.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
submit a grant application to the State of Texas, Criminal Justice Division in the
amount of $56,163 for Year 6 funding available under the Victims of Crime Act
(VOCA) Fund for the Police Department's Family Violence Unit. The City match
for this grant is $11,959 in the No. 1061 Trust Fund, and $2,800 in kind services,
for total project costs of $70,922.
SECTION 2. The City Manager, or the City Manager's designee, may apply for,
accept, reject, agree to alter the terms and conditions, or tenninate the grant, if
the grant is awarded to the City.
SECTION 3. In the event of the loss or misuse of these Criminal Justice Division
funds, the City of Corpus Christi assures that the funds will be retumed to the
Criminal Justice Division in full.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: January 18, 2005.
~ ~ - :::::-
Randy A Stoneroad
Assistant City Attorney
for City Attorney, Corpus Christi, Texas
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/8 of ::;;;nf.lary ,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
6
AGENDA MEMORANDUM
January 25, 2005
SUBJECT: Multi-Purpose Arena - (Project No. 4236)
AGENDA ITEM:
a. Ordinance appropriating $250,000.00 of interest eamings and miscellaneous revenue in the No.
3275 Arena Facility CIP Fund to provide funding for the American Bank Center Arena change
orders, contingencies, parXing, storage and other facility needs; amending FY 2003-2004
Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $250,000.00;
and declaring an emergency.
b. Motion to authorize the City Manager, or his designee, to execute Change Order No. 13
for the American Bank Center Arena in the amount of $285,793.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, civil,
electrical, mechanical and structural modifications.
FUNDING: Funding is available from fhe Arena CIP Funds and interest proceeds.
RECOMMENDATION: Approval of the motion as presented.
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Ange . scobar, P. E.
Dire tor of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Prior Actions
Exhibit C. Change Order Summary
Exhibit D. Project Budget
Exhibit E. Location Map
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ADDITIONAL INFORMATION
SUBJECT: American Bank Center Arena - (Project No. 4236)
BACKGROUND: This complex project has resulted in a number of Council and
administrative actions. A summary of the more significant actions is attached. See Exhibit
B.
CHANGE ORDER No. 13: Change Order No. 13 provides for a variety of modifications.
The modifications include architectural, civil, electrical, mechanical, plumbing and structural
items. The change order includes 49 modifications with all but three (3) of the changes
have a value less than $20,000.
The largest value item (#ss. - PCO/CR No. 201) resulted from the need to provide 24
individual electrical related changes including the power to the Ansul System, receptacles
for the portable beer coolers, GRI receptacles at the roof, power for Vomitory advertising
signs, changing breakers/receptacles at the Telephone Rooms, relocating exit signs/smoke
detectors per the Fire Marshal, power to portable food court kiosk's, fire alarm interface/
control for Concession exhaust hoods, KX4 exterior light fixtures, etc. for a cost of $46, 164.
The second item (#d. - PCO/CR No. 126) made revisions to the Vomitory and Restroom
Areas. The modifications include relocating mechanical sheet metal ducts and fire sprinkler
piping, providing furr downs at all Restroom Entrances, and reconfiguration of furr downs at
Concession Areas for a cost of $42,919.
The third item with a cost in excess of $20,000 (#b. - PCO/CR 118) modified Stairs 3, 4, 9
and 10 allowing the structural steel structure to be free standing in lieu of supported from
the exterior face of the building at cost of $22,072.
The Change Order Summary provides the complete list of items changed and the cost.
See Exhibit C.
FUTURE COUNCIL ACTIONS:
The project is complete with the exception of closeout paperwork. Some minor
administrative change orders may be necessary. Any additional Council actions will relate
to the possible need to resolve three or four outstanding issues that were rejected, and
projects that will be competitively bid as a separate contract (storage and/or parking).
FUNDING: The change order is funded by the Arena CIP Funds. The project budget is
attached. See Exhibit D.
EXHIBIT "A"
Page 1 of 1
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PRIOR ACTIONS
PRIOR COUNCIL ACTION:
The Arena and Convention Center projects have involved a number of complex actions.
Some of the significant actions by Council include:
June 29. 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9%
(Ord. No. 023684).
Februarv 8. 2000 - Motion awarding project management contract in the amount of
$486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000-039).
November 14. 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7,2000, in the City of Corpus Christi 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 (Ord. No.
024269).
Januarv 23.2001 - Ordinance appropriating and advancing $900,000 for the Arena project
(Ord. No. 024346).
Januarv 30,2001 - Ordinance appropriating $583,600 from anticipated revenues ofthe 2%
Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center
Capital Improvement Fund (Ord. No. 024348).
Januarv 30. 2001 - Motion awarding an architectural services contract to Thompson,
Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront
Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is
currently authorized with the remaining balance of $3,093,250 being authorized only upon
appropriation of funds (M2001-034)
Februarv 13. 2001 - Ordinance appropriating $900,000 from increased revenues generated
by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility.
Februarv 13. 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated
$900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund;
advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund.
Februarv 20. 2001 - Motion authorizing Amendment NO.2 with Gilbane Building Company
in the amount of $281,000 for construction management services during the design phase
of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation
projects (M2001-080).
July 24,2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as
set forth (Ord. No. 024528).
Auqust 21, 2001 - Council approval of the Corpus Christi Business and Job Development
Board resolution to issue a $5 million note for the land acquisition associated with the
Multipurpose Arena and authorization to issue the notes on (Res. No. 024551).
EXHIBIT B
Page 1 of 4
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Auaust 28. 2001 -
. Authorization to submit a grant application for an Economic Development Initiative
Special Project in the amount of $498,900 for land acquisition to expand the Bayfront
Arts and Sciences Park (Res. No. 024563);
. Authorization to execute all documents necessary to accept and implement an
Economic Development Initiative Special Project for land acquisition to expand the
Bayfront Arts and Sciences Park (M2001-339);
. Appropriation of $498,900 subject to approval by the U. S. Housing and Urban
Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic
Development Initiative Special Project for land acquisition to expand the Bayfront Arts
and Sciences Park (Ord. No. 024564);
. Authorization to execute an earnest money contract in the amount of $250,000 for
acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company
for a purchase price of $3,319,084 (M2001-340).
September 11, 2001 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc.,
for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project
(M2001-346).
October 30,2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena
Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No.
024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by
$5,000,000; and declaring an emergency.
November 13. 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the architectural services contract with Thompson, Ventulett,
Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies
of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424).
September 9.2002-
a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un-
appropriated fund balance (HB 1655 Convention Center Expansion/Renovation
proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the
Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an
emergency (Ord. # 025003)
b. Motion authorizing the City Manager, or his designee, to execute Amendment NO.2 in
an amount not to exceed $736,465 to the architectural services contract with
Thompson, Ventulett, Stainback & Associates, Inc., for additional design and
construction phase services for the Corpus Christi Bayfront Convention Center and
Multipurpose Arena (M2002-292)
November 5, 2002 - Motion approving the recommended ranking of contractors for the
Multi-Purpose Arena and authorizing the City Manager or his designee, to enter
negotiations in accordance with the Local Government Code (M2002-364).
November 26. 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.1 to the Construction Manager at Risk contract with Moorhouse-Beecroft,
Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for
construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002-
399).
December 17. 2002-
a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the
Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of
EXHIBIT B
Page 2 of 4
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the Area; and Declaring an Emergency.
b. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed
$34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for
the Convention Center Expansion Mechanical System Improvements. (Total Contract =
$35,732,798) M2002-430.
Januarv 14. 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.4 with Gilbane Building Co. in the amount of $2,575,000 for project
management services (construction phase) for the Convention Center Expansion and
Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013.
Januarv 21. 2003 - Motion authorizing the City Manager, or his designee, to execute an
engineering materials inspection and laboratory services agreement with Fugro South, Inc.
in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003-
032).
May 13. 2003 - Motion authorizing the City Manager, or his designee, to execute Change
Order NO.1 for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon,
Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other
systems (M2003-173).
July 8. 2003 -
. Ordinance appropriating $30,485 in unappropriated interest earnings from the
Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch
water line and two fire hydrants for the multiple purpose arena; amending the
Capital Budget adopted by Ordinance No. 025144 to increase appropriations by
$30,485.
. Motion to authorize the City Manager, or his designee, to execute a Change Order
NO.2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions
including masonry, plumbing, water main, fire hydrants, electrical, mechanical,
structural steel, telecommunication, fire standpipes, fire protection, and solid plastic
toilet partitions.
July 22.2003 - Motion to authorize the City Manager, or his designee, to execute a Change
Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out (M2003-260).
November 18. 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order NO.5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton
Coasteon, Joint Venture of Corpus Christi, Texas, for the ice rink chiller unit (M2003-414).
December 16. 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order NO.6 for the Multi-Purpose Arena in the amount of $132, 190.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for various mechanical modifications
(M2003-456).
Februarv 24. 2004 - Motion to authorize the City Manager, or his designee, to execute a
Change Order NO.7 for the Multi-Purpose Arena in the amount of $81 ,589.00 with Fulton
Coasteon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and
mechanical modifications (M2004-064).
March 30. 2004 - Motion to authorize the City Manager, or his designee, to execute
Change Order NO.8 for the Multi-Purpose Arena in the amount of $362,039.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and
mechanical modifications (M2004-122).
EXHIBIT B
Page 3 of4
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April 27. 2004 - Motion to authorize the City Manager, or his designee, to execute Change
Order No.9 for the Multi-Purpose Arena in the amount of $865,793.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for Phase 3 Street and Parking Lot
Modifications (M2004-171).
June 8. 2004 - Motion to authorize the City Manager, or his designee, to execute Change
Order No. 10 for the Multi-Purpose Arena in the amount of $93,457.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical,
rnechanical and structural rnodifications (M2004-222).
AUQust 31. 2004 - Motion to authorize the City Manager, or his designee, to execute
Change Order No. 11 for the Multi-Purpose Arena in the amount of $160,744.00 with
Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural,
electrical, mechanical and structural modifications (M2004-336).
November 9. 2004 - Motion to authorize the City Manager, or his designee, to execute
Change Order No. 12 for the American Bank Center Arena in the amount of $250,489.00
with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural,
electrical, mechanical and structural modifications (M2004-412).
PRIOR ADMINISTRATIVE ACTIONS:
Julv 31. 2000 - Award of Amendment No.1 in the amount of $7,500 to Gilbane Building
Company for architectural selection assistance for the multi-purpose arena.
November 4. 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and
Associates for the development of the Convention Center Expansion and Multipurpose
Arena Traffic Control Plan.
November 12. 2002 - Award of a contract in the amount of $2,800 to MEI Govind for
survey services associated with partial closure of Shoreline Boulevard.
November 12. 2002 - Award of a contract in the amount of $10,500 to Laurence &
Associates for the Multi-Purpose Arena Pile Load Test.
October 31. 2003 - Award of Change Order NO.4 for the Multipurpose Arena in the
amount $21 ,459 to Fulton/Coastcon J.V., LLC for recessed light fixtures for aisle lighting at
the upper level vomitories.
Mav 17. 2004 - Award of Laboratory and Materials Testing Contract in the amount of
$12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot
Modifications.
EXHIBIT B
Page 4 of 4
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DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
JANUARY 25,2005
PROJECT: MULTI-PURPOSE ARENA
Project No. 4236
APPROVED: COUNCIL MOTION No. 2002-430
APPROVED 12/17/02
CONTRACTOR: Fulton/Coastcon J.v., LLC
P. O. Box 9486
Corpus Christi, TX 78469
TOTAL CONTRACT AMOUNT......................
25% Limit Amount..........................................
Change Order NO.1 (05/13/03) .....................
Change Order NO.2 (07/08/03) .....................
Change Order NO.3 (07/22/03) .....................
Change Order NO.4 (10/31/03) .....................
Change Order NO.5 (11/18/03) .....................
Change Order No.6 (12/16/03) .....................
Change Order NO.7 (02/24/04) ....................
Change Order NO.8 (03/30/04) ....................
Change Order NO.9 (04/27/04) ....................
Change Order No. 10 (06/08/04) ..................
Change Order No. 11 (08/31/04) ..................
Change Order No. 12 (11/09/04) ..................
Change Order No. 13 (01/25/05)) ................
Total...............................................................
35,732,798.00
8,933,199.50
572,309.00
121,118.00
595,000.00
21,459.00
363,609.00
132,190.00
81,589.00
362,039.00
865,793.00
93,457.00
160,744.00
250,489.00
285,793.00
3,925,589.00 = 10.93% < 25%
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: -1L
FUNDING SOURCE: 550910-3275-00000-120810
DATE: December 30.2004
CONTRACT TIME: 640 C.D.
Operating Department: Department of Enqineerinq Services
Name of Project: Bavfront Multi-Purpose Arena #4236
Contractor: Fulton Construction/Coastcon Corp.
CHANGE AS FOllOWS:
Provide each of the following revisions as identified on the attached Pages 2 of 8 through 8 of 8 in accordance with
the requirements outlined in the Contract Documents.
Total Add - Lump Sum: $285.793.00
Why was this change necessary? (If left off the plans and specifications, explain why)
The maiorilv of the attached proposed revisions include work as required to modifv or complete the current set of
Desiqn Documents.
How can similar changes be avoided in the future? Manv of these items could have been included in the oriqinal
scope of work if additional information would have been available at the time the contract amount was aqreed upon.
A. CONTRACT PRICE...............................................$
B. TOTAL CHANGE ORDERS (inc. current) ............$
C. NEW CONTRACT PRICE.....................................$
D. THIS CHANGE ORDER........................................$
E. PERCENT TOTAL CHANGE (B/A).......................
F. PREVIOUS ADDN'l TIME AUTHORiZED............
G. ADDN'l CONTRACT TIME THIS CHANGE ORDER
H. TOTAL ADDITIONAL TIME ..................................
35.732.798.00
3.905.589.00
39.638.387.00
285.793.00
10.93 %
OCD
OCD
OCD
Project Engineer
CITY OF CORPUS CHRISTI, TEXAS
CONTRACTOR
By:
By:
City Engineer
Title:
APPROVED:
Operating Dept.
Director of Management & Budget
legal Department
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
a.) PCa/CR No. 82 - Provide an aluminum trim piece at the curtain wall head condition at the
Mezzanine Level East Balcony. All additional work shall be performed in accordance with the
Proposal Request No. 34 issued by TVS/ARQ/Gignac dated January 12, 2004. Fulton/Coastcon
Request for Change Order 182 dated October 20, 2004.
Add = $1,344.00
b.) pca/CR No. 118 - Provide modifications to Stairs 3, 4,9 and 10 allowing the structural steel
structure to be free standing in lieu of supported from the exterior face of the building. All additional
work shall be performed in accordance with the Fulton/Coastcon Request for Change Order#186
dated October 28, 2004.
Add = $22,072.00
c.) pca/cR No.119 - Revise the bottom of the metal panel and the top ofthe curtain wall elevation at
the Upper Concourse Level on the South Elevation. Also, revise the horizontal mullion spacing
(glazing panel heights revised) at the glazed aluminum curtain wall of the Upper Concourse Level
on the South Elevation. All additional work shall be performed in accordance with the ASI No. 16
issued by TVS/ARQ/Gignac dated February 11, 2004. Fulton/Coastcon Request for Change Order
#117-R1 dated May 12,2004.
Add = $10,931.00
d.) pca/cR No. 126 - Provide revisions to the Vomitory and Restroom Areas. The modifications
include relocating mechanical sheet metal ducts and fire sprinkler piping. Also provide furr downs at
all Restroom Entrances and reconfigure furr downs at Concession Areas. All additional work shall
be performed in accordance with the Fulton/Coastcon Request for Change Order No. #169-R1
dated December 3, 2004.
Add = $42,919.00
e.) PCa/CR No. 143 - Relocate and add metal lockers in the Locker Room Area. All additional work
shall be performed in accordance with the Proposal Request No. 59 issued by TVS/ARQ/Gignac
dated July 22, 2004. Fulton Request for Change Order No. 146 dated August 4, 2004.
Add = $3,183.00
f.) pca/cR No. 148 - Provide a quad fold door and pocket between Suites 2-410 and 2-411. All
additional work shall be performed in accordance with the Proposal Request No. 70-R1 issued by
TVS/ARQ/Gignac dated October 9,2004. Fulton/Coastcon Request for Change Order No. 181
dated October 13, 2004.
Add = $5,044.00
g.) pca/cR No. 165 - Provide exterior metal wall panels at the West Elevation of the Arena above the
overhead doors. All additional work shall be performed in accordance with the Fulton/Coastcon
Request for Change Order No. 159-R2 dated December 29, 2004.
Add = $3,071.00
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
h.) Pce/CR No. 166 - Provide additional metal wall panels as required to cover the exposed CMU
walls along Grid Line "0" at the west elevation. All additional work shall be performed in accordance
with the Fulton Request for Change Order No. 158-R2 dated December 29, 2004.
Add = $3,034.00
i.) pce/cR No. 177 - Revise the location of the divider wall in Concession Stand 2-108 including the
supply duct running through the room. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 175-R1, dated December 3,2004.
Add = $1,650.00
j.) pce/cR No. 177 - Provide all material and labor required to relocate the duct from the east side of
Column 15TR to the west side near the Grand Stair at the Second Floor Level. All additional work
shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 172
dated October 5, 2004.
Add = $2,476.00
k.) pce/cR No. 177 - Provide revisions to the duct at the louver connections near the OAHU's. This
additional work is required to divide and route the duct around the structural beams. All additional
work shall be performed in accordance with the Fulton Request for Change Order No. 218 dated
November 22, 2004.
Add = $10,949.00
I.) pce/cR No. 178 - Provide revisions to the accessible ramped curb cut, electrical light fixtures, tree
grates, etc. along the south and east sides of the building. All additional work shall be performed in
accordance with the Request for Proposal No. 71 issued by TVS/ARQ/Gignac dated October 4,
2004.
No Cost
m.) pce/cR No. 182 - Provide Yo" white plexiglass and stainless steel trim at the various curtainwall
conditions along the east side of the Arena at the Mezzanine Level. All additional work shall be
performed in accordance with the Fulton/Coastcon Request for Change Order No. 179 dated
October 9, 2004.
Add = $17,360.00
n.) pce/cR No. 183 - Provide road repair work along Resaca Street as required to remove, repair
and correct existing flow and elevation problems. All additional work shall be performed in
accordance with the Fulton Request for Change Order No. 180 dated October 13, 2004.
Add = $6,340.00
0.) pce/cR No. 184 - Provide ADA accessible refrigerators in the Suites as required to upgrade the
units. All additional work shall be performed in accordance with the accordance with the Request
for Proposal No. 44 issued by TVS/ARQ/Gignac dated March 18, 2004. Fulton/Coastcon Request
for Change Order No. 185 dated October 27, 2004.
Add = $2,505.00
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
p.) PCO/CR No. 185 - Provide additional drywall work as required to close the gap between the
exterior wall and the interior concrete slab behind Stair No. 14. All additional work shall be
performed in accordance with the Fulton/Coastcon Request for Change Order No. 197 dated
November 9, 2004.
Add = $664.00
q.) PCO/CR No. 185 - Provide additional framing and drywall work in the Pantries 2-302 and 2-301
and add furrdowns at the Suite Restroom entrances. All additional work shall be performed in
accordance with the Fulton Request for Change Order No. 198 dated November 11, 2004.
Add = $766.00
r.) PCO/CR No. 185 - Provide all additional work associated with covering the back openings in the
Elevator 3 and 4 shafts walls. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 199 dated November 9,2004.
Add = $3,495.00
s.) PCO/CR No. 185 - Provide additional furrdowns at the ceilings in the Club Bar Lounge Area. All
additional work shall be performed in accordance with the Fulton/Coastcon Request for Change
Order No. 200 dated November 9, 2004.
Add = $1,005.00
I.) PCO/CR No. 185 - Provide additional furr-outs and associated drywall work at the Third Level
above the window wall system along the south side of the building. All additional work shall be
performed in accordance with the Fulton/Coastcon Request for Change Order No. 201 dated
November 9, 2004.
Add = $842.00
u.) PCO/CR No. 185 - Extend the metal framing and the drywall partition work as required to allow the
wall to meet the ceiling in Mechanical Room 3-410. All additional work shall be performed in
accordance with the Fulton/Coastcon Request for Change Order No. 202 dated November 9,2004.
Add = $2,854.00
v.) PCO/CR No. 185 - Modify the sheetrock partition wall in the Club Bar Lounge Area between
Mezzanine Level and the Third Level. Also, modify the furr-downs in Vomitory's 1-304 and 1-229 to
allow the black out curtains to be installed. All additional work shall be performed in accordance
with the Fulton/Coastcon Request for Change Order No. 203 dated November 9, 2004.
Add = $1,240.00
w.) PCO/CR No. 185 - Provide additional framing and sheetrock related work as required to cover
the exposed structural steel beam at the Event Level (between Team Store and entrance doors) .
All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change
Order No. 204 dated November 9, 2004.
Add = $805.00
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
x.) pca/cR No. 185 - Provide additional sheetrock related work as required to complete the walls in
the Elevator Room 1-316. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 205 dated November 9, 2004.
Add = $1,288.00
y.) pca/cR No. 185 - Provide additional framing and sheetrock related work as required to cover the
exposed pipes in the south Concession Stand at the Third Floor. All additional work shall be
performed in accordance with the Fulton/Coastcon Request for Change Order No. 209 dated
November 9, 2004.
Add = $691.00
z.) pca/cR No. 185 - Provide additional framing and sheetrock related work as required to construct
a chase wall and two columns to enclose the Mechanical Room on the Third Floor at the Southwest
corner. All additional work shall be performed in accordance with the Fulton/Coastcon Request for
Change Order No. 210 dated November 10, 2004.
Add = $1,390.00
aa.) pca/CR No. 185 - Provide additional furr-outs as required to close the gaps at Rooms 2-401,2-
402,2-400,2-100,3-410 and 3-409 per the response to RFI No. 298. Also, provide additional
framing at Rooms 2-401, 2-402 and 3-409. All additional work shall be performed in accordance
with the Fulton/Coastcon Request for Change Order No. 211-R1 dated November 15, 2004.
Add = $9,322.00
bb.) pca/cR No. 186 - Provide all additional work associated with painting the roof drain lines in the
northeast corner of the Arena at the Mezzanine Level. All additional work shall be performed in
accordance with the Fulton/Coastcon Request for Change Order No. 187 dated October 29,2004.
Add = $5,891.00
cc.) pca/cR No. 186 - Provide all additional work associated with painting the roof drain lines in the
southeast corner of the Arena at the Mezzanine Level. All additional work shall be performed in
accordance with the Fulton/Coastcon Request for Change Order No. 190 dated November 8,2004.
Add = $840.00
dd.) pca/CR No. 186 - Provide all additional work associated with taping, floating and painting the
area in Room 1-131 near the Zamboni Station. All additional work shall be performed in
accordance with the Fulton/Coastcon Request for Change Order No. 191 dated November 8, 2004.
Add = $1,008.00
ee.) pca/eR No.186 - Provide two additional coats of different color paint on the hollow metal frames
at each of the Suites. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 195 dated November 9, 2004.
Add = $986.00
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
ft.) PCO/CR No. 187 - Provide additional demolition, concrete, and asphalt related work as required
along the west side of the Arena. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 183 dated October 20, 2004.
Add = $7,503.00
99.) PCO/CR No. 188 - Provide all additional work associated with relocating and painting the fire
department connection in the Arena. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 184-R1 dated December 22, 2004.
Add = $7,754.00
hh.) PCO/CR No. 189 - Provide all additional work associated with adding a make-up waterline with a
backflow preventer for the boiler water. All additional work shall be performed in accordance with
the Fulton/Coastcon Request for Change Order No. 194 dated November 8,2004.
Add = $1,482.00
iL) PCO/CR No. 190 - Provide all additional work associated with revising the grease traps in each of
the Concession Areas as required to allow the units to fit under the counters and sinks. All
additional work shall be performed in accordance with the Fulton/Coastcon Request for Change
Order No. 193-R1 dated December 22, 2004.
Add = $3,917.00
jj.) PCO/CR No.191- Provide all additional work associated with providing a full size louvers for door
2-404A. All additional work shall be performed in accordance with the Fulton/Coastcon Request for
Change Order No. 189 dated November 2,2004.
Add = $312.00
kk.) PCO/CR No. 192 - Provide granite countertops at the Suite Restroom vanities. All additional work
shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 188-R1
dated November 17, 2004.
Add = $5,304.00
11.) PCO/CR No. 193 - Provide all additional framing, sheetmetal and roofing work as required to
construct an enclosure around the parapet wall at the southeast corner of the roof. All additional
work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No.
214 dated November 10, 2004.
Add = $3,439.00
mm.) PCO/CR No. 194 - Provide stainless steel trim at all ADA shower stalls in each of the Locker
Rooms as required to close the gap between the wall. All additional work shall be performed in
accordance with the Fulton/Coastcon Request for Change Order No. 212 dated Nov. 10, 2004.
Add = $4,144.00
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
nn.) PCO/CR No.195- Provide all work as required to construct additional guardrails for Stair#14 and
toe kick at the Mezzanine Level. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 213 dated November 10, 2004.
Add = $2,250.00
00.) Pca/CR No. 196 - Provide additional labor as required to assist SMG with opening weekend
operations/events regarding the changeover from ice hockey to basketball. All additional work shall
be performed in accordance with the Fulton/Coastcon Request for Change Order No. 216 dated
November 15, 2004.
Add = $9,593.00
pp.) Pca/CR No. 198 - Extend the sound canopies on the northwest and southwest sides of the Arena
as required to provide a continuous metal panel wall system. All additional work shall be performed
in accordance with the Fulton/Coastcon Request for Change Order No. 208 dated Nov. 24, 2004.
Add = $3,765.00
qq.) Pca/CR No. 199 - Provide returns on the interior acoustical metal wall panels at the east end of
the Arena. All additional work shall be performed in accordance with the Fulton/Coastcon Request
for Change Order No. 220 dated November 24, 2004.
Add = $974.00
rr.) Pca/CR No. 200 - Provide a revised layout for the acoustical metal wall panels at the west end of
the Arena around the scoreboard. All additional work shall be performed in accordance with the
Fulton/Coastcon Request for Change Order No. 221 dated November 24,2004.
Add = $731.00
ss.) Pca/CR No. 201 - Provide a total of 24 individual electrical related changes including the power
to the Ansul System, receptacles for the portable beer coolers, GRI receptacles at the roof, power
for Vomitory advertising signs, changing breakers/receptacles atthe Telephone Rooms, relocating
exit signs/smoke detectors per the Fire Marshal, power to portable food court kiosk's, fire alarm
interface/ control for Concession exhaust hoods, KX4 exterior light fixtures, etc. All additional work
shall be performed in accordance with the itemized Fulton/Coastcon Request for Change Order No.
222 dated November 29, 2004.
Add = $46,164.00
tt.) pca/CR No. 202 - Provide all additional work associated with relocating the exhaust fan TEF 1-7
at the north wall of the Arena. The exhaust fan must be relocated outside the stailWell. All additional
work shall be performed in accordance with the Fulton Request for Change Order No. 219 dated
November 22, 2004.
Add = $2,535.00
uu.) pca/cR No. 203- Remove and replace the existing drink rails in each of the Suites as required to
change the rails from 7" wide to 4" wide to accommodate people sitting in the bottom row of seats.
All additional work shall be performed in accordance with the Fulton/Coastcon Requestfor Change
Order No. 217 dated November 18,2004.
Add = $6,014.00
CHANGE ORDER No. 13 - ARENA
Department of Engineering Services
City of Corpus Christi, Texas
vv.) PCO/CR No. 204 - Provide electrical power for the exhaust fan damper controls at each of the
Concession hoods. All additional work shall be performed in accordance with the Fulton/Coastcon
Request for Change Order No. 223 dated December 3, 2004.
Add = $13,399.00
ww.) PcalCR No. 205 - Provide electrical work associated with relocating the computer power and
communication from the Ice Rink Room to the Maintenance Office. All additional work shall be
performed in accordance with the Fulton/Coastcon Request for Change Order No. 224 dated
December 17, 2004.
Add = $548.00
Page 8 of 8
MULTI-PURPOSE ARENA
PRELIMINARY BUDGET
January 25. 2005
Revenues
Arena Proceeds:
Federal Grant
Prior Year Tax Revenue
Bond Proceeds
Interest Appropriation
Utility Proceeds
Convention Center Proceeds
Bond Proceeds (Approriated Nov. 26, 2002)
Available Funds
Expenditures
Land Acquisition
Subtotal
Construction
Contingency (0.42%)
Change Order NO.1 (Structural V.E.)
Change Order NO.2 (Mechanical)
Change Order No.3 (Suites)
Change Order NO.4 (vomitory light fixtures)
Change Order NO.5 (Ice Rink Chiller)
Change Order NO.6 (Mechanical structural)
Change Order NO.7 (Arch., elec., & mech.)
Change Order No.8 (Arch.. elec.. & mech.)
Change Order No.9 (Roadway)
Change Order No. 10 (Arch.. elec, mech. struc.)
Change Order No. 11 (Arch., elec, mech, struc.)
Change Order No. 12 (Arch., elec, mech. )
Change Order No. 13 (Arch., civil. elect, etc.)
Convention Center Share of Mechanical Plant
AlE
AlE Amendment 1& 2 (split bowl. road, etc.)
AlE Amd. 3 (roof inspection & renderings)
AlE Roadway
AlE Roadway Amend. No.1 (Landscape Arch.)
Survey
Pier Test (Laurence & Assoc.lLarge & Sons)
Southwestern Bell
Legal Fees (Locke, Liddell & Sapp)
Facility Manager (SMG)
Engineering Reimb.
Administrative Charges
Geotechnical
Planning - City Services
Project Management
PM Construction Phase
Art
Materials testing/laboratory
Materials testing/laboratory C.O. 9 Roadway
Misc. (Printing, Postage, etc.)
Subtotal
Other Contracts
Seating
Food Concession Equipment
C.O. 1 (expresso machine, freezers, hot dog eq.)
Sign age and Wayfinding
Furnishing/Fixtures/Equipment
FFE
498,900.00
1.399,146.33
49.575,939.00
250,000.00
30,485.00
51,754,470.33
1,500.000.00
53,254,470.33
3,328,828.39
3,328.828.39
34,232,798.00
142,760.00
572,309.00
121,118.00
595,000.00
21,459.00
363.609.00
132.190.00
81.589.00
362.039.00
432.896.50
93,457.00
160,744.00
250,489.00
285.793.00
1,500.000.00
2,786.350.00
461.199.00
13,850.00
21,000.00
2,695.00
4,080.00
35.080.00
5.325.47
20.000.00
125.000.00
124.000.00
60,600.00
27.880.00
21.515.00
288.500.00
1,300.000.00
185.000.00
257,880.00
6,485.00
130,000.00
45.224.689.97
1.230,504.75
407,123.00
18,869.00
144,455.00
1,800.951.75
2,900,000.00
Subtotal 2,900,000.00
Total 53,254,470.11
Variance
Exhibit D
Page 1 of 1
0.22
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CITY PROJECT No. 4236 VICINITY MAP EXHIBIT "E"
NOT TO SCALE
CITY OF CORPUS CHRiSTl, TEXAS
CITY COUNCIL EXHIBIT
DEPMTP./E/IT OF ENGINEfRlNG SERVICES
PAGE: 1 of 1
DATE:: DI-12-2oo5
~
--
- -
- -
-
MUL TI-PURPOSE ARENA
ORDINANCE
APPROPRIATING $250,000 OF INTEREST EARNINGS AND
MISCELLANEOUS REVENUES IN THE NO. 3275 ARENA
FACILITY CIP FUND TO PROVIDE FUNDING FOR THE
AMERICAN BANK CENTER ARENA CHANGE ORDERS,
CONTINGENCIES, PARKING, STORAGE, AND OTHER
FACILITY NEEDS; AMENDING FY 2003-2004 CAPITAL
BUDGET ADOPTED BY ORDINANCE NO. 025647 TO
INCREASE APPROPRIATIONS BY $ 250,000; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Appropriating $250,000 of interest earnings and miscellaneous
revenues in the No. 3275 Arena Facility CIP Fund to provide funding for the
American Bank Center Arena change orders, contingencies, parking, storage,
and other facility needs.
SECTION 2. Amending FY 2003-2004 capital budget adopted by ordinance No.
025647 to increase appropriations by $ 250,000.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
_ day of January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January ;)ID ,2005
Samuel L. Neal, Jr.
Mayor
f.
hn P. Burke, Jr.
Assistant City Attorney
For City Attorney
JohnBuIke\OrdReso2005\ORDAppr04AmericanBankCenterArena.lla
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: IIwe, 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 Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
JohnBurke\OrdReso2005\ORDAppr04AmericanBankCenterArena.lla
7
AGENDA MEMORANDUM
January 25, 2005
SUBJECT: Cefe Valenzuela Landfill - TxDOT Advanced Funding Agreement
Project No. 5173
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to increase the escrow funding with
the Texas Department of Transportation (TxDOT) in the amount of $157,482.45 for the
construction of a proposed drainage culvert on FM 70 to serve Cefe Valenzuela Landfill.
ISSUE:
The low bid received by TXDOT requires an increase in the amount escrowed for TXDOT
to proceed with construction.
FUNDING:
Funding is available from the Public Health & Safety 2004 CIP Fund.
RECOMMENDATION:
Approval of the resolution as presented.
~
~R ~~ ~(lftj ~ k--
'An~1 . Escobar, P.E. [fate' t:> ~~ ~n
Director - Engineering Services r Director - Solid Waste Services
Z) 1!..:lL'/2J5
Date
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Background
Statement of Cost and Bid Tabulation
Location Map
H:\HOMEIKEVINSIGENIlANDFILL IValenzuelalTxDOTlAGENDAlncFundingMemo.doc
ADDITIONAL INFORMATION
Background:
Cefe Valenzuela Landfill may not accept any waste under its permit until the
drainage system is complete. This includes an off-site drainage channel that
outfalls into Petronila Creek. The channel crosses F.M. 70. TXDOT agreed to
construct the culvert crossing F.M. 70 provided the City paid for 100% of the cost
as a local voluntary improvement project. The City escrowed $916,000 for
preliminary engineering and the estimated cost of the project with TXDOT.
TXDOT opened seven bids for the project on January 12, 2005. The low bid was
submitted by Reese Contracting of Corpus Christi, Texas in the amount of
$923,565.46. The participation agreement with TXDOT also requires the City to
pay TXDOT for construction administration and inspection. That amount is
$133,916.99 or 14.5% of the low bid. The total escrow deficiency is
$157,482.45. A copy of the TXDOT's statement of cost and bid tabulation is
attached. See Exhibit B.
PROJECT: The proposed project consists of 4-10 ft. x 10ft. x 136 ft. long
structures. The project includes the construction of a temporary detour, traffic
control, and traffic barriers.
PRIOR COUNCIL ACTIONS:
Julv 22. 2003 - Resolution authorizing the City Manager, or his designee, to
execute a Local Project Advanced Funding Agreement for Voluntary
Transportation Improvement Project with the Texas Department of
Transportation (TxDOT) governing the construction of a proposed drainage
culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in
the amount of
. $16,000.000 for preliminary engineering; and
. $900,000.00 for construction (subject to availability of funds) (Resolution
No. 025372).
December 14. 2004 - Motion authorizing the City Manager, or his designee, to
execute a Reimbursement Agreement with AT&T in the estimated amount of
$26,900.00 for adjustment of communication and data lines to permit
construction of a proposed drainage culvert on FM 70 to serve the future
development of Cefe Valenzuela Landfill (M2004-448).
PRIOR ADMINISTRATIVE ACTIONS:
Julv 13. 2003 - Award of Amendment NO.9 in the amount of $24,740 to Shiner
Moseley for modification of F.M. 70 drainage structure plans to address the
requirements of the Texas Department of Transportation (TxDOT).
H:IHOMEIKEVINSIGENILANDFILL IValenzuelalTxDOnAgendalncFundingBkgExhA.doc
I
STATEMENT OF COST FOR THE CITY OF CORPUS CHRISTI
SUM OF CONSTRUCTION AND CE C100%)LOCAL
ENGINEERING AND CONTINGENCIESC14.5%)
Limits: At landfill dralnalle ditch 8.2 Mi. W. of SH 286
I
PROJECT
CONTROL
HIGHWAY
Low Bid Amount
CE Amount(14.5%)
Total Project Amount
Preliminary Engr. Portion
CC 1558.3-23
CSJ: 1558-03-023
FM 70
$923,565.46
$133,916.99
$1,057,482.45
$1,057,482.45
$16.000.00
City of Corpus Christi Participation
$1,073,482.45l
Amount Chargeable to the City of Corpus Christi
Less: AmI. Placed In Escrow
DEFICIT AMOUNT
DCC/AFAMAUTS1/12105
AFAm 1558.03.023.xls
$1,073,482.45
$916.000.00
($157,482.45)
!
Page 1
MIS.DCS.7202
JANUARY 12, 2005
BIDDER ADDRESS
REESE CONTRACTING, INC. CORPUS CHRISTI, TX
K-BAR SERVICES. INC. PLEASANTON, TX
HAAS-ANDERSON CONSTRUCTION, LTD. CORPUS CHRISTI, TX
BAY LTD CORPUS CHRISTI. TX
DAYCO CONSTRUCTION CO. AUSTIN, TX
OMEGA CONTRACTING, INC. DALLAS, TX
LISKA CONSTRUCTION COMPANY, INC. KARNES CITY, TX
3244 FM 70 0.545 MILES
LIMITS FROM AT LANDFILL DRAINAGE DITCH, 8.286 M
TO OF SH 286
TYPE CONSTRUCT DRAINAGE CULVERT
825,200
CC 1558-3-23
NUECES COUNTY
1558-03-023
REGULAR BID
11.92%
923,565.46 - I-LOW
996,562.00 - 2
1,033,248.65 - 3
1,056,157.85 - 4
1,131,409.72 - 5
1,145,943.50 - 6
1,470,754.27 - 7
THE ABOVE INFORMATION IS ONLY THE TOTALS OF THE BIDS AS RECEIVED
AND DOES NOT REPRESENT THAT A CONTRACT HAS BEEN OR WILL BE AWARDED.
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PROJECT LOCA TION
PROJECT # 5038
PROJECT LOCA nON MAP
EXHIBIT "C"
CEFE F. VALENZUELA LANDFILL-
DRAINAGE OUTFALL FM 70 CROSSING
A T& T UTILITY ADJUSTMENT
CrTY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT ~
OEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
OAT~ 01/17/2005 ~
8
CITY COUNCIL
AGENDA MEMORANDUM
DATE: January 25,2005
SUBJECT: Mansheim Area Drainage Improvements Project, Phases 2A through 6A
(Project No. 2129)
AMENDMENT NO.3
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No.3 to the
Contract For Professional Services with LNV Engineering, Inc. in the amount of $172,500,
for a total restated fee of $516,475, for the Mansheim Area Drainage Improvements
Project, Phases 2A through 6A (BOND ISSUE 2004).
ISSUE: The proposed Amendment NO.3 will provide engineering services to design, bid,
and complete the Bond 2004 Neighborhood Street Reconstruction for Cluster NO.4 -
Mansheim I Sunnybrook Area with the planned drainage improvements.
The total fee of $172,500 for the proposed Amendment NO.3 exceeds the $25,000
contract limit; and requires City Council approval.
FUNDING: Funds for this project are available in the Capital Improvement Budget.
DATION: Staff recommends approval of the motion as presented.
/'
60'-~
Gray, . E.,
Director of Storm Water Department
~~
ge R. Escobar, P. E.,
irector of Engineering Services
I.
t:
1-2.."t;
-';;::~~ ~'-~~J"_o>
Foster Crowell,
Director of Wastewater Department
a, P. E., &
Department
YHl'~
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
HIUSERS2\HOME\VELMAPIGEN\ORAINAGE\2129 MANSHEIMICONSUL TANT CONTRACMMENDMENT NO. 3\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Mansheim Area Drainage Improvements Project, Phases 2A through 6A
(Project No. 2129)
AMENDMENT NO.3
PRIOR COUNCIL ACTION:
1. Julv 17.2001 - Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with LNV Engineering for a total fee not to
exceed $21,975 for the Mansheim Area Rolled Curb and Gutter Improvements
(Motion No. M2001-266).
2. Februarv 11. 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 to a Contract For Professional Services with LNV
Engineering in the amount of $87,200 for the Mansheim Street rolled Curb and
Gutter Improvements Project (Phase 1A) (Motion No. M2003-054).
3. February 10. 2004 - Approval of the FY 2003-2004 Capital Improvement Budget for
$173,624,300 (Ordinance No. 025647).
4. February 24. 2004 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 2 to a Contract For Professional Services with LNV
Engineering in the amount of $234,800 for the Mansheim Area Drainage
Improvements Project, Phases 2A through 6A (Motion No. M2004-066).
5. November 10.2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi 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).
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.
4. March 23, 2001 - Letter of Notification 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: Approval of a construction contract to complete the project
as required.
EXHIBIT "A"
Page 1 of3
H:\USERS2\HOMEWELMAP\GENIDRAINAGE\2129 MANSHEIM\CONSUL TANT CONTRACnAMENDMENT NO. 3\AGENDA BACKGROUND
PROJECT BACKGROUND: The proposed project area encompassing the Mansheim
area was constructed many years ago. Previous investigation reports indicate that the curb
and gutters were constructed directly on clay soil and over time the gutter grades have
sunk to well below current minimum standards. The low slopes allow storm water to pond
which soaks into the curb cracks into the gutter subgrade causing swelling. The swelling
moves the curb and gutter further out of grade causing additional ponding of storm water.
The initial part (Stage 1) of the project was completed with the acceptance of this project's
Design Memorandum. The Design Memorandum summarized the investigation of curb
and gutter from Sunnybrook to McArdle Road on the following streets:
. Archer
. Blundell
. Cheryl
. Dodd
. Easter
. Franklin
. Gabriel
. Mansheim
In addition, Mansheim from Ayers Street to Gabriel was investigated to determine possible
reconstruction methods. A preliminary drainage study of the area was also performed to
develop possible drainage alternative. The Design Memorandum outlined a six (6) phase
project to be constructed over time as funds allow. Amendment NO.1 provided for the
design, bid, and construction of Phase 1A. Amendment NO.1 also provided a supplement
to the Design Memorandum to investigate curb and gutter I drainage problems on Archer
Drive.
Amendment NO.2 provided engineering services for the design, bid and construction
phases of Phase 2A through Phase 6A as outlined in the Design Memorandum for the
Mansheim Area Drainage Improvements and as show in the Project Location Map (Exhibit
"C"). Phase 2A through 6A is primarily the construction of Storm Sewer trunk main on
Gabriel Street from Sunnybrook to Mansheim and on Mansheim Boulevard from Gabriel
Street to Archer Drive. Work will include new inlets with curb and gutter replacement and
upsizing the collection system to support the proposed improvements. Water and
wastewater will also be upgraded where effected.
AMENDMENT NO.3: The proposed Amendment NO.3 will provide engineering seryices to
design, bid, and complete the Bond 2004 Neighborhood Street Reconstruction for Cluster
No. 4 - Mansheim I Sunnybrook Area with the planned drainage improvements.
Amendment NO.3 consists of street reconstruction and overlay of the following streets
(See Exhibit "C"):
. Archer
. Blundell
. Cheryl
. Dodd
. Easter
EXHIBIT "A"
Page 2 of 3
H:\USERS2\HQMEIVELMAPIGENIDRAINAGE\2129 MANSHEIM\CONSUl TANT CONTRACnAMENDMENT NO_ 3\AGENDA BACKGROUND
. Franklin
. Gabriel
. Mansheim
The proposed street work will be bid and constructed as a single project with Mansheim
Area Drainage Improvements 2A through 6A under Amendment NO.2.
Basic Services include the following:
. Design Phase
. Bid Phase
. Construction Phase
Additional Services include the following:
. Topographic Survey
. Construction Observation
. Warranty Phase
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Page 3 of3
H:\USERS2\HOME\VELMAP\GENIDRAINAGE\2129 MANSHEIM\CQNSUL TANT CONTRACT\AMENDMENT NO. 3\AGENDA BACKGROUND
CONTRACT SUMMARY
AMENDMENT NO.3
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "City", and LNV Engineering, Inc.
hereinafter called "Engineer", agree to the following amendments to the Contract For
Professional Services for Mansheim Area DrainaQe Improvements, Phases 2A throuQh
6A as authorized by:
Oriainal Contract Julv 17, 2001 Motion No. M2001-266 $21,975.00
Amendment No. 1 February 11, 2003 Motion No. M2003-054 87,200.00
Amendment NO.1 February 24, 2004 Motion No. M2004-066 234,800.00
1. PROJECT SCOPE
The initial part (Stage 1) of the project was completed with the acceptance of the project's
Design Memorandum. The Design Memorandum summarized the investigation of curb
and gutter from Sunnybrook to McArdle Road on Archer, Blundell, Cheryl, Dodd, Easter,
Franklin, and Gabriel. In addition, Mansheim from Ayers Street to Gabriel was
investigated to determine possible reconstruction methods. A preliminary drainage study
of the area was also performed to develop possible drainage alternatives. The Design
Memorandum outlined a six (6) phase project to be constructed over time as funds allow.
Amendment NO.1 provided engineering services to design, bid, and construction of Phase
1-A Drainage Improvements as outlined in the Design Memorandum to investigate curb
and gutter/drainage problems on Archer Drive. The construction of Phase 1-A is currently
on-going.
Amendment No. 2 provided engineering services to design, bid, and construction of
Drainage Improvements Phase 2-A through 6-A as outlined in the Design Memorandum
for Mansheim Area Drainage Improvements. Phase 2-A through 6-A is primarily the
construction of storm sewer trunk main on Gabriel Street from Sunnybrook to Mansheim
and on Mansheim Boulevard from Gabriel Street to Archer Drive. Work will include new
inlets with curb and gutter replacement, and upsizing the collection system to support the
proposed improvements. Water and wastewater systems would also be upgraded where
affected.
Proposed Amendment NO.3 will provide engineering seryices to design, bid, and complete
the Bond 2004 Neighborhood Street Reconstruction for Cluster No. 4 - Mansheim /
Sunnybrook Area with the planned drainage improvements. Proposed Amendment NO.3
consists of street reconstruction of the above mentioned streets. The proposed street
work will be bid and constructed as a single project with Mansheim Area Drainage
Improvements Phase 2A - 6A under Contract Amendment NO.2.
EXHIBIT "B"
Pa e 1 of 3
H:\USERS2\HOMEIVELMAPIGEN\DRAINAGE\2129 MANSHEIM\CONSUL TANT CONTRACT\AMENDMENT NO_ 3\CONTRACT SUMMARY
2. PROJECT SCHEDULE
Monday February 3, 2005 Final Submittal
Monday (2) February 7, 2005 Advertise for Bids
February 14, 2005
Tuesday February 15, 2005 Pre-Bid Conference
Wednesday March 2, 2005 Receive Bids
Tuesday March 22, 2005 Award
Monday May 2, 2005 Begin Construction
Weekday November 2006 Construction Completion
3. SUMMARY OF FEES - on the following page.
EXHIBIT "B"
Pa e 2 of 3
H:\USERS2\HOMEIVELMAP\GEN\DRAINAGE\2129 MANSHEIMICONSUL TANT CONTRACTV'\MENDMENT NO. 3\CONTRACT SUMMARY
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Pa e 3 of 3
H:\USERS2\HOMEWElMAP\GEN\DRAINAGE\2129 MANSHEIM\CONSUl T ANT CONTRACT\AMENDMENT NO. 3\CONTRACT SUMMARY
File:
VICINITY MAP
NOT TO SCALE
EXHIBIT "C"
Page 1 of 1
MANSHEIM/SUNNYBROOK AREA
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES ~
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CITY OF CORPUS CHRIST/, TEXAS
9
AGENDA MEMORANDUM
DATE: January 25, 2005
SUBJECT: Change Order NO.2
Laguna Shores Road Street Reconstruction Project
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award Change Order No.2 to the
contract with Berry Contracting, Inc. of Corpus Christi, Texas in the amount of $293,078
for the for Laguna Shores Road Street Reconstruction Project from Mediterranean to
Caribbean for waterline replacement.
ISSUE: This change order is necessary to improve water main seryice and reliability to
the Flour Bluff area.
FUNDING: Funds forthis project are available in the FY 2003-2004 Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
r
6. tu..~ ~ /.20_.!i>
~
I R. Escobar, P. E.,
irector of Engineering Seryices
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Map
H:\HOME\L YNDAS\GEN\Streets\2000 Bond Is,'~lJe\C-1 RILaauna ShoreslCO 2\Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Laguna Shores Road Street Improvements (Project No. 6158)
BOND ISSUE 2000 PROJECT NO. C-1 R
CHANGE ORDER BACKGROUND: The Neighborhood Initiative Program (NIP) Location
No. 7 is in the Flour Bluff Area. The perimeters of the project boarder from the Naval Air
Station to South Padre Island Drive, across Matlock Street to Greenbay Drive and back up
to the fence line of the Naval Air Station. (See map Exhibit "C") Upon inspection of this
area by city staff, it was determined that the water service was deficient in water main
capacity, fire protection and line integrity. It is necessary to correct this situation to provide
better seryice and reliability to the citizens of this area. This project is being Change
Ordered to the Laguna Shores Road Reconstruction project due to the project being
located in the immediate vicinity of the NIP area and the contractors ability to successfully
complete the additional work in a timely manner.
PROJECT DESCRIPTION: This project consists of the installation of:
. 2,560 linear feet of 6" PVC waterline with associated bends, tees, and tie-ins;
. 6 fire hydrant assemblies;
. 3 wheelchair ramps;
. 60 linear feet of curb and gutter;
. Sewer service repair;
. Ditch grading; and
. Pavement repairs as necessary to complete the project.
All work will be completed by April 1 , 2005.
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adopting 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. March 27. 2001 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract in the amount of $459,300 with Bass & Welsh
Engineering, Inc. for Neighborhood Street Reconstruction at the following sites:
. Laguna Shores Road
. Azores Road
. Catcay Road
. Jamaica Drive (Motion No. M2001-122).
EXHIBIT "A"
Page 1 of 4
H:\HOME\l YNDAS\GENIStreets\2000 Bond Issue\C-1 R\laguna Shores\CQ 2\AGENDA BACKGROUND.doc
3. January 15. 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.1 to the Engineering Seryices Contract in the amount of $6,981 with
Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna
Shores Road (Motion No. M2002-021).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute an
engineering seryices contract in the amount of $509.61 with Lontos Engineering for
Neighborhood Street Reconstruction along Laguna Shores Road (Motion No. M2002-
020).
5. February 12. 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Engineering Services Contract for design, bid, and
construction phase services of the Riviera Lift Station in the amount of $46,250 with
Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna
Shores Road (Motion No. M2002-046).
6. Mav 13. 2003 - Resolution authorizing the City of Corpus Christi to perform equivalent-
match project (Laguna Shores Road Improvements) in return for waiver of the local
match fund participation requirement on the approved federal off-system bridge
program (participation-waived) projects not yet awarded (Resolution No. 025284).
7. Mav 13. 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.5 to the Engineering Seryices Contract in the amount of $6,981 with
Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna
Shores Road (Motion No. M2003-174).
8. AUQust 26. 2003 - Resolution determining the necessity for and ordering the
improvement of the following highways in Corpus Christi, Nueces County, Texas:
. Laguna Shores Road Street Improvements from Mediterranean to
Caribbean
specifying that certain of these improvements will be paid for partly by the City and
partly by assessments while others will be paid for entirely by assessments; and
directing the City's Director of Engineering Services to file a Notice of Proposed
Assessments with the Nueces County Clerk (Resolution No. 025438).
9. AUQust 26, 2003 - Resolution approving plans and specifications for improvements to
the following highways in Corpus Christi, Nueces County, Texas:
. Laguna Shores Road Street Improvements from Mediterranean to
Caribbean
approving the Director of Engineering Services' Project Construction Cost Estimate
including an estimate of the portion of costs to be paid by the City and the portion to be
paid by assessments; setting a public hearing on these proposed assessments to occur
during the September 30, 2003 City Council Meeting; directing the City Secretary to
arrange to publish notice of this public hearing; and ordering the Director of Engineering
Services to provide written notice of the public hearing to property owners (Resolution
No. 025439).
10. Seotember 30, 2003 -
A. Public Hearing on proposed assessments for improvements to the following
highway in Corpus Christi, Nueces County, Texas (BOND ISSUE 2000):
. Laguna Shores Road Street Improvements from Mediterranean to
Caribbean
EXHIBIT "AU
Page 2 of 4
H:\HOME\L YNDAS\GEN\Streets\2000 Bond IssuelC-1 RILaguna Shores\CO 2IAGENDA BACKGROUND.doc
B. Ordinance closing the public hearing on proposed assessments for
improvements to the following highway in Corpus Christi, Nueces County,
Texas:
. Laguna Shores Road Street Improvements from Mediterranean to
Caribbean
imposing assessments totaling $146,963.49 against property abutting
the improvements, affected railways, and property and railway owners; fixing
corresponding liens on property and charges against property owners;
providing for subsequent adjustment of assessment amounts and the
corresponding liens and charges based on as-built conditions; specifying
assessment payment terms and lien enforcement measures; and declaring
an emergency (BOND ISSUE 2000).
C. Motion authorizing the City Manager, or his designee, to award a
construction contract to Berry Contracting Company from Corpus Christi,
Texas in the amount of $2,759,059 for the Laguna Shores Road Street
Improvements from Mediterranean to Caribbean (BOND ISSUE 2000).
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.
4. Seotember 28.2001 - Executed small Consultant Agreement for project management
assistance in the amount of $25,000 with Goldston Engineering, Inc. for the Bond Issue
2000 Street Projects.
5. Aoril11. 2002 - Public Meeting at Flour Bluff Intermediate School to inform Property
Owners of upcoming construction improvements.
6. June 4. 2002 - Executed Amendment NO.2 to the Consultant Agreement for project
management assistance in the amount of $1 ,678 with Goldston Engineering, Inc. for
Neighborhood Street Reconstruction along Laguna Shores Road.
7. Julv 25.2002 - Executed Amendment No.3 to the Consultant Agreement for project
management assistance in the amount of $1 ,678 with Goldston Engineering, Inc. for
Neighborhood Street Reconstruction along Laguna Shores Road.
8. Julv 29, 2002 - Executed Amendment No.2 to the Engineering Seryices Contract in
the amount of $18,600, for a total re-stated fee of $524,150, with Bass & Welsh
Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road.
9. October 31. 2002 - Executed small Consultant Agreement for a traffic analysis study in
the amount of $24,945 with Wilbur Smith & Associates for Neighborhood Street
Reconstruction along Laguna Shores Road.
EXHIBIT "A"
Page 3 of 4
H:\HOME\L YNDAS\GEN\Streets\2000 Bond Issue\C.1 R\Laguna Shores\CQ 2\AGENDA BACKGROUND.doc
10. December 2. 2002 - Public Meeting at Flour Bluff Intermediate School to discuss the
bridge across Tropic Isles Channel on Laguna Shores Road.
11. January 8, 2003 - Executed Amendment NO.4 to the Consultant Agreement for project
management assistance in the amount of $1 ,678 with Goldston Engineering, Inc. for
Neighborhood Street Reconstruction along Laguna Shores Road.
12. March 26. 2003 - Executed Amendment NO.3 to the Engineering Seryices Contract in
the amount of $24,911, for a total re-stated fee of $549,061, with Bass & Welsh
Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road.
13. November 29, 2004 - Administrative approval of Change Order No. 1 to the
construction contract with Berry Contracting, Inc. in the amount of $6,552 for the
Laguna Shores Road Reconstruction Project from Mediterranean to Caribbean.
FUTURE COUNCIL ACTION:
. Adopting the final assessment roll (tentative date May 2005)
EXHIBIT "Au
Page 4 of 4
H:\HOME\L YNDASIGEMSlreets\2000 Bond Issue\C-1 R\Laguna ShOfeslCO 2\AGENDA BACKGROUND.doc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
January 25, 2005
PROJECT: Laguna Shores Road Street Improvement Project from Mediterranean to
Caribbean
APPROVED: City Council on September 30, 2003 by Motion No. M2003-356
CONTRACTOR: Berry Contracting, Inc.
P.O. Box 4858
Corpus Christi, Texas 78408
Change Order NO.1 (11/29/04) .....................
Change Order NO.2 (01/25/05)..................
$2,759,059.00
689,764.75
6,552.00
293,078.00
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount..........................................
Total..........................................................
299,630.00 = 10.8 %< 25%
EXHIBIT "B
Page 1 of 1
File; \Mproject\councilexhibit.\exh95107.dwg
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CITY PROJECT No. 95107
EXHIBIT "e"
NEIGHBORHOOD IMPROVEMENT PROGRAM
GREENBAY/MATLOCK/STONE/SPID/
NAS DRIVE/NAVAL AIR STATION-CC
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
CITY OF CORPUS CHRISTI, TEXAS
OATE; 01 lB 2005
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10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 25, 2005
AGENDA ITEM:
Ordinance appropriating $957,594.17 in Passenger Facility Charge Fund 4621 from unreserved fund
balance; transferring $957,594.17 into the Airport 2oo0A Debt Service Fund 4640 for debt service on
airport improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to
increase appropriations by $957,594.17: and declaring an emergency
ISSUE:
Passenger Facility Charges (PFC's) for the Corpus Christi Intemational Airport were approved by the
Federal Aviation Administration. The PFCs fund pay-as-you-go and debt service expenditures for the
Terminal Building Reconstruction Project. PFC revenue must be appropriated prior to any
expenditure.
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 collection period 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 of twenty years
beginning June 1,1998 (Ord. 023165)
4. September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge
application increasing the allowable collections and extending the collection period to April 1, 2023.
(Ord. 024603)
5. September 18,2001 - Ordinance appropriating Passenger Facility Charge application
reimbursement to the city for approved PFC funded projects previously paid from Airport Capital
Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project.
(Ord. 024585)
6. January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge
application increasing the PFC collections from $3.00 to $4.50 and extending the collection period 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 declaring an emergency
8. October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from
unreserved Fund Balance; transferring $489,201 into the Airport 2oo0A 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 declaring an emergency. (Ord 025519)
9. May 11, 2004 - Ordinance appropriating $1,089,744 in Passenger Facility Charge Fund 4621 from
unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements;
amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations
by $1,089,744; and declaring an emergency
10. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621
from unreserved fund balance for Airport Landside 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
FUNDING:
Funds are available in Passenger Facility Charge Fund 4621 $957,594.17
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the Ordinance as presented.
/.Q 11!1- ~
Dave Hamrick
Director of Aviation
Attachments:
Exhibit A: Background
BACKGROUND INFORMA liON
BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC)
Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the
application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin
July 1, 1998 for a period of approximately 20 years, or until the 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, including the Terminal Construction Program, and the corresponding General
Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets wereeadjusted to reflect actual expenditures.
Exhibit A
ORDINANCE
APPROPRIATING $957,594,17 IN PASSENGER FACILITY
CHARGE FUND 4621 FROM UNRESERVED FUND BALANCE;
TRANSFERRING $957,594.17 INTO THE AIRPORT 2000A
DEBT SERVICE FUND 4640 FOR DEBT SERVICE ON AIRPORT
IMPROVEMENTS; AMENDING FY 2003-2004 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 025647 TO INCREASE
APPROPRIATIONS BY $957,594.17: AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Appropriating $957,594.17 in Passenger Facility Charge Fund
4621 from Unreseryed Fund Balance.
SECTION 2. Transferring $957,594.17 into the Airport 2000A Debt Seryice
Fund 4640 for debt service on airport improvements.
SECTION 3. The FY 2003-2004 Capital Budget adopted by Ordinance No.
025647 is amended to increase appropriations by $957,594.17.
SECTION 4. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
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 January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: Januaryf7..c' , 2005
~.e f ~,..'" ~
/ ohn P. Burke, Jr.
I sSlstant CIty Attorney
,/ For City Attorney
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, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 25, 2005
AGENDA ITEM:
Ordinance appropriating $516,717.46 in unappropriated interest eamings and $7,534.14 in
unappropriated bond proceeds in the Airport 2000B CIP Fund 3025; transferring $516,717.46 into the
Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2003-
2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $524,251.60; and
dedaring an emergency
ISSUE:
Interest eamings and remaining bond proceeds may be used for project completion or debt service as
detailed in respective bond covenants. Accordingly, these funds will appropriated prior to being used
for debt service or project expenditure.
REQUIRED COUNCIL ACTION:
All Resolutions and Ordinances require Council approval.
PREVIOUS COUNCIL ACTION:
October 14,2003 - Ordinance appropriating $464,312.49 in Airport 2000B CIP Fund 3025 from
interest eamings and transferring in Airport 2000B Debt Service Fund for debt payments on airport
improvements
FUNDING:
Funds are available in Airport 2000B CIP Fund 3025 $524,251.60
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the Ordinance as presented.
I (J -# ' -,,?
Dave Hamrick
Director of Aviation
I
ORDINANCE
APPROPRIATING $516,717,46 IN UNAPPROPRIATED INTEREST
EARNINGS AND $7,534.14 IN UNAPPROPRIATED BOND PROCEEDS
IN THE AIRPORT 2000B CIP FUND 3025 ; TRANSFERRING
$516,717.46 INTO THE AIRPORT 2000B DEBT SERVICE FUND
4641 FOR DEBT SERVICE ON AIRPORT IMPROVEMENTS;
AMENDING FY 2003-2004 CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 025647 TO INCREASE APPROPRIATIONS BY
$524,251,60; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $516,717.46 is appropriated in Unappropriated Interest Earnings
and $7,534.14 in Unappropriated Bond Proceeds in the Airport 2000B CIP Fund 3025.
SECTION 2. Transferring $516,717.46 into the Airport 2000B Debt Seryice Fund
4641 for Debt Seryice on airport improvements.
SECTION 3. The FY 2003-2004 Capital Budget adopted by Ordinance No.
025647 is amended to increase appropriations by $524,251.60.
SECTION 4. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
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 January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: January (}IC, 2005
f>
J n P. Burke, Jr.
ssistant City Attorne
For City Attorney
JohnBurlteIOnlReso200510RDAppr04Airportbnprovements.lla
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, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
JohnBurke\OrdReso2005\ORDAppr04AirportImprovements.lIa
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 25, 2005
AGENDA ITEM:
Ordinance appropriating $240.32 in unappropriated interest eamings in Airport 1990 CIP Fund 3022
for airport improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647
to increase appropriations by $240.32; and declaring an emergency
ISSUE:
Interest eamings are placed in project-specific funds and are subsequently used for project completion
or debt service. These bond funds are closed when remaining bond proceeds and interest are
transferred to debt service or allowable expenditures are identified.
REQUIRED COUNCIL ACTION:
All Resolutions and Ordinances require Council approval.
FUNDING:
Funds are available in Airport 1990 CIP Fund 3022 $240.32
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the Ordinance as presented.
,fl. -a . "
Dave Hamrick
Director of Aviation
ORDINANCE
APPROPRIATING $240.32 IN UNAPPROPRIATED INTEREST
EARNINGS IN AIRPORT 1990 CIP FUND 3022 FOR AIRPORT
IMPROVEMENTS; AMENDING FY 2003-2004 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 025647 TO INCREASE
APPROPRIATIONS BY $240.32; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $240.32 is appropriated in unappropriated interest earnings in
Airport 1990 CIP Fund 3022 for airport improvements.
SECTION 2. That FY 2003-2004 Capital Budget adopted by Ordinance No.
025647 is amended to increase appropriations by $240.32.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
_ day of January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: January ~ ,2005
M!P.~rL~
hn P. Bu e, Jr. . -.
sSlstant City Attorney
For City Attorney
JohnBurkeIORDReso200510RDAppr04ExpenditOnAiljlOrtImprove.lla
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, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
JohnBurkeIORDReso200510RDAppr04ExpenditOnAiIj)(llthnprove.lla
13
CITY COUNCIL
AGENDA MEMORANDUM
January 25, 2005
AGENDA ITEM: Ordinance abandoning and vacating a 3,379.70-square foot portion of a
7.5-foot wide utility easement in Lot 1, Block 2, King's Crossing Unit 13; requiring the
owner, Windsor Park Church of Christ, to comply with the specified conditions; and
declaring an emergency.
ISSUE: The purpose of this easement closure is to eliminate a conflict with a proposed
building site.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to Building
Permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
~~ICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Urban Engineering, on behalf of the owner Windsor Park Church of Christ, is requesting
the abandonment and vacation of a 3,379.70-square foot portion of a 7.5-foot wide utility
easement in Lot 1, Block 2, King's Crossing Unit 13, to eliminate a conflict with a proposed
building site. The easement to be abandoned and vacated is located in an "R-1 B" one-
family dwelling district.
Windsor Park Church of Christ, has purchased additional adjoining property and has
submitted a replat in which they are dedicating additional utility easements to replace the
one that is being abandoned.
All public and franchised utilities were contacted. None of the city departments and
franchised utility companies have facilities within the utility easement. There were no
objections regarding the proposed utility easement abandonment.
Staff recommends that payment of the fair market value be waived because Owner will be
dedicating utility easements of greater value to off-set the proposed abandonment. The
owner has been advised of and concurs with the conditions of the easement abandonment.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: January 14, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Januarv 25. 2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 3,379.70-square foot portion of a 7.5-foot wide utility
easement in Lot 1, Block 2, King's Crossing Unit 13; requiring the owner, Windsor Park Church of
Christ; to comply with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 60, Page 164, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) Fair Market Value will be waived because Owner will be dedicating a utility easement
of greater value to off-set the proposed vacation and abandonment of the easement.
2) Upon approval from Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real property Map Records of
Nueces County, Texas, in which the property is located. 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.
3) 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:
ICP, Director of Development Services
DATE: ~.tJ~LI dO. r:rry::..,
\
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 3,379.70-SQUARE FOOT PORTION
OF A 7.S-FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 2,
KING'S CROSSING UNIT 13; REQUIRING THE OWNER, WINDSOR
PARK CHURCH OF CHRIST, TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 3,379.70-square foot portion of a 7.5-foot wide utility easement in
Lot 1, Block 2, King's Crossing Unit 13, as recorded in Volume , Page , Map Records
Nueces County, Texas, that the owner, Windsor Park Church of Christ, (Owner), wishes
to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement for all
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 3,379.70-square foot portion of a 7.5-foot wide utility easement in
Lot 1, Block 2, King's Crossing Unit 13, as recorded in Volume, Page, Map Records
Nueces County, Texas is abandoned and vacated for public use as utility easement,
subject to Owner's compliance with the following specified conditions as part of the
abandonment and vacation:
1. Fair market value will be waived because Owner will be dedicating a utility
easement of greater value to off-set the proposed abandonment and vacation of
the easement.
2. 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.
3. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Seryices may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
H:ILEG-DIR \Joseph 10 RD- KngsXing 13 -av .doc
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 25th day of January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved
~"".""l z. 0
,2005
By: ~ tA--.-
Joseph mey 0
Assistant City Attorney
For City Attorney
H:\LEG-DIR \Joseph \0 RD. KngsXing 13 -av .doc
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: IN-Je, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR\J oseph \0 RD-KngsXing 13 -,v.doc
\
~l'"
,~
LOCATION MAP N.T,S.
Yorktown Boulevard
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55
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7.50'
N2Y"OO'J4 T
10.00'
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------ I
l "POINT OF BEGINNING" FrJR' /5'U.t: to be OBdictJt<<J I
[I FlElJ)N()T[S OESCRIPTION I 6.005.5/ ..,.ft.
(I I' t I
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osed Lot II : I
(prop ~l~g~6:~:;:;:;:; ~i fAis=9 7.5'lJ.E . .. . ..:
N61'01"2"W7:J' --~---- --- -------.-
50.00'
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7.50'
IO"UE
1.5'lJ.t: 10 be CIos<<J
3,319.10 .."f/.
Map to Accompany
F/llIJN(}TES for Ihe -. of. 7.50 /aoI widllJIi/ify_t
out of Lot 1, BIocIt 2, King's CrD8sing Um1 13, 0 mop 01 wINch
;s record<<J ;" ~ 60. /'Qg< 164. /iap _ of Nwcos
County, Texas
EXHIBIT C
.URBAN
ENGINEERING
11255l1WNlita:\IW'W~~7MH
(J6')&S4-JIDI Far (..116)/151-1JOO/
DATE: SEPT. 29, 2004
SCALE: 1"- 100'
JOB NO.: 20354.A4.04
SHEET: 1 OF 1
DRAWN BY: RR
14
CITY COUNCIL
AGENDA MEMORANDUM
DATE: January 25, 2005
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with the Tradewinds Business Park, i.e. Steve Paulson Properties ("Owner"),
for the right to construct and maintain a private 2-inch PVC force main that will extend approximately
448-linear feet within a city utility easement right-ot-way and the Palmira Avenue street right-ot-way;
establishing an annual fee; and declaring an emergency.
ISSUE: Tradewinds Business Park, i.e. Steve Paulson Properties, have submitted a request to
construct a 2-inch PVC force main along the Palmira Avenue street right-of-way because that
portion ot Palmira Avenue abutting their property is undeveloped and has no sanitary sewer in place
to provide service to the development site.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use ot any portion
of publiC right-ot-way tor private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~~ICP
Director 0 evelopment Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Tradewinds Business Park, i.e. Steve Paulson Properties ("Owner"), have requested a Use Privilege
Agreement (UPA) from the City to install, operate, repair, replace, and maintain, a private 2-inch
Force Main that will be encased in PVC and will be approximately 448-linear feet within an existing
city utility easement right-of-way (ROW) and the Palmira Avenue street ROW. The installation of the
private force main will provide wastewater service for the development of the Tradewinds Business
Park.
The force main will be located within the east side of the Palmira Avenue street right-of-way and will
run approximately 1 02-linear feet east from an existing City manhole within the City utility easement
cross Palmira Avenue, then turn south approximately 338-linear feet along the east side of the
Palmira Avenue street ROW, then east 8-feet within the Palmira Avenue ROW, into private property.
Tradewinds Business Park, i.e. Steve Paulson Properties will own the private force main, and will be
solely responsible for all maintenance and removal of said main. An Engineering Permit will be
required for any future maintenance and removal of the private 2-inch PVC Force Main. Permanent
line markers will be placed as close as practical over the force main on either side of the Palmira
Avenues street right-of-way to indicate the location of the private force main owned by Tradewinds
Business Park, i.e. Steve Paulson Properties. Line markers will contain labeling identifying owner
and size of the force main.
All City and private franchised utilities were contacted regarding this UPA. The City Water
Department is requiring that the owner encase the private 2-inch PVC force main when horizontally
crossing their existing water line and that Owner comply with the minimum horizontal and vertical
utility separation requirements as required by TCEQ. Owner must also encase the private 2-inch
PVC force main when crossing the Palmira Avenue street right-of-way. None of the other City and
private franchised utilities had any objections, provided the applicant meets the specified conditions
set out in the UPA including the utility separation clearance as stated in "Paragraph I "of the UPA.
The applicant has been advised and concurs with all the conditions of the Use Privilege Agreement.
Owner understands that this Use Privilege Agreement ("Agreement") is temporary and will be
revoked and reissued under the City's new pipeline ordinance (#026023, passed on November 16,
2004). Owner agrees to comply with the new pipeline ordinance requirements, including an annual
fee for use of the City right-of-way, once they are implemented.
Owner will be required to pay an initial UPA fee of $ 598.00. The initial payment made with regard
to this Agreement will be credited to Owner and counted against the new annual fee Owner will pay
for use of the City right-of-way.
H;\...\gen\ag04\upa\xtown.m2
EXHIBIT A
FROM: BA Holly, AICP, Director 01 Development Services
DATE: January 20,2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Januarv 25. 2005
ORDINANCE CAPTION:
Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with the Tradewinds Business
Park, I.e. Steve Paulson Properties ("Owner"), lor the right to construct and maintain a private 2-inch PVC force main that will
extend approximately 448.linear leet within a city utility easement right-ol-way and the Paimira Avenue street right-of-way;
establishing an annual lee; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. Owner will be required to pay an initial UPA fee of $ 598.00 . The initial payment made with regard to this Agreement
will be credited to Owner and counted against the new annual lee Owner will pay for use 01 the City right-of-way.
2. Owner understands that this Use Privilege Agreement ("Agreement") is temporary and will be revoked and reissued
under the City's new pipeline ordinance (#026023, passed on November 16. 2004). Owner agrees to comply with the
new pipeline ordinance requirements, including an annual lee lor use of the City right-ol-way, once they are
implemented.
3. Owner must encase the private lorce main in PVC casing when crossing the Palmira Avenue right-of-way and any
existing City water or wastewater lines as stated in "Paragraph K" of the Use Privilege Agreement.
4. Owner must piace and maintain permanent type line markers as close as practical over the force main on either side
01 the Palmira Avenue right-ol-way. Markers must contain labeling identilying lorce main owner.
5. That Owner will comply with the required utility separation clearance as stated in "Paragraph I "01 the Use Privilege
Agreement and maintain the minimum horizontal and vertical utility separation requirements as required by TCEQ.
6. Owner must notily City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies, 48
hours prior to any construction work.
7. Owner will be responsible lor any damage to waterlines and all other existing utilities within the construction areas.
8. Construction plans will be prepared and submitted for City review and approval prior to construction.
9. Owner will construct at his cost and will maintain at his cost. An Engineering Permit will be required for any future
maintenance and removal of the private 2-inch PVC Force Main.
REQUESTED BY:
BA Hol , ICP, Director of Development Services
DATE: \. dO'CO
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH TRADEW/NDS
BUSINESS PARK, DBA- STEVE PAULSON PROPERTIES, LP,
(OWNER) FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A
PRIVATE 2-INCH PVC FORCE MAIN THAT WILL EXTEND
APPROXIMATLEY 448 LINEAR FEET WITHIN A CITY UTILITY
EASEMENT AND THE PALMIRA AVENUE STREET RIGHT-OF-WAY,
ESTABLISHING AN ANNUAL FEE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Temporary Use Privilege Agreement (Agreement) with Tradewinds Business Park, dba-
Steve Paulson Properties, LP, for the right to construct, maintain, and remove a private
2-inch pvc force main that will extend approximately 448 linear feet within a city utility
easement and the Palmira Avenue street ROWand establishing an annual fee.
SECTION 2. That Owner comply with the terms and conditions of the Agreement, a
copy of which is on file with the City Secretary, and be subject to the fOllowing
conditions as part of the Agreement:
1. Owner will be required to pay an initial UPA fee of $ 598.00 . The initial payment
made with regard to this Agreement will be credited to Owner and be counted against
the new annual fee Owner will pay for use of the City right-of-way.
2. Owner understands that this Agreement is temporary and will be revoked and
reissued under the City's new pipeline ordinance (#026023, passed on November 16,
2004). Owner agrees to comply with the new pipeline ordinance requirements,
including an annual fee for use of the City right-of-way, once they are implemented.
3. Owner must encase the private force main in PVC casing when crossing the
Palmira Avenue right-at-way and any existing City water or wastewater lines as stated
in "Paragraph K" of the Agreement.
4. Owner must place and maintain permanent type line markers as close as
practical over the force main on either side of the Palmira Avenue right-of-way. Markers
must contain labeling identifying force main owner.
5. Owner must comply with the required utility separation clearance as stated in
"Paragraph I "of the Agreement and maintain the minimum horizontal and vertical utility
separation requirements as required by TCEQ.
H :ILEG-D IR \Joseph IORD-upa- Trdwnds.doc
6. Owner must notify City Water, Wastewater, Gas, and Storm Water Departments
and all private utility companies, 48 hours prior to any construction work.
7. Owner will be responsible for any damage to waterlines and all other existing
utilities within the construction areas.
8. Construction plans will be prepared and submitted for City review and approval
prior to construction.
9. Owner will construct at his cost and will maintain at his cost. An Engineering
Permit will be required for any future maintenance and removal of the private 2-inch
PVC Force Main.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 25th day of January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved as to form only
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,2005
By: ~ Iht
Joseph arney
Assistant City Attorney
For City Attorney
H:\LEG-DIRIJoseph \ORD-upa- Trdwnds.doc
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: INVe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:ILEG-DIRIJosephIORD-upa- Trdwnds.doc
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15
AGENDA MEMORANDUM
. SUBJECT: Ordinance calling the April 2,2005 General Election
The attached ordinance authorizes the City of Corpus Christi General Election to be held
on Saturday, April 2, 2005 for the purpose of electing a Mayor and eight Council
Members. In the ordinance, I am recommending the following early voting locations:
Main Early Voting Polling Place
Northwest Site
Westside Site
Southside Site
Flour Bluff Site
Central Site
City Hall, 1201 Leopard
Hilltop Community Center, 11425 Leopard
Greenwood Senior Citizen Center, 4040 Greenwood
C.C. Area Council for the Deaf, 5151 McArdle
Nueces County Building, 10110 Compton Road
Nueces County Courthouse, 901 Leopard
Mobile voting sites are included as Attachment B of this ordinance.
The council must also select the Runoff Election date, if one is necessary. The law has
now changed regarding when runoff elections can be held. Runoff elections can only be
held not earlier than the 20th or later than the 45th day after the canvass of the April
2nd election results. Available runoff dates are April 30th, May 7th, 14th, and 21st
(the Buccaneer Parade is on May 7th). I am recommending April 30th as a Runoff
Election date.
Approval of this ordinance today provides sufficient time to seek preclearance from the
United States Department of Justice for the election. In addition to establishing
procedures for the election, providing for notice, and establishing early voting, mobile
voting, and election day polling places, the ordinance also authorizes the City Secretary
to contract with Nueces County for the use of tabulation equipment, various supplies,
and the printing of ballots for the General Election and Runoff Election, if one is
necessary.
~,
Armando Chapa
City Secretary
AN ORDINANCE
ORDERING A GENERAL ELECTION TO BE HELD ON APRIL 2,
2005, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF
MAYOR AND EIGHT COUNCIL MEMBERS; PROVIDING FOR
PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR
NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING
FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES;
DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING THE
CITY SECRETARY TO CONTRACT WITH THE NUECES COUNTY
ELECTION OFFICER FOR EQUIPMENT, SUPPLIES, AND PRINTING
NECESSARY TO CONDUCT THE ELECTION; SELECTION OF
APRIL 30, 2005 AS THE RUNOFF ELECTION DATE, IF ONE IS
NECESSARY; ENACTING PROVISIONS INCIDENT AND RELATING
TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Charter provides for the holding of a regular City
election for Mayor and Council Members in the City of Corpus Christi, on the fIrst
Saturday in April in odd-numbered years, the same being April 2, 2005; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that
municipal authorities shall order elections pertaining to municipal affairs, and
other provisions of the Election Code provide for notice, appointment of off1cers to
hold the election, and other matters related to the holding of the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A regular City election (hereinafter "the Election") for a Mayor
and eight Council Members shall be held in the City of Corpus Christi, Texas on
April 2, 2005.
SECTION 2. At the Election all qualifIed voters of the City of Corpus Christi
shall be permitted to vote.
SECTION 3. The names of candidates for the off1ce of Mayor and the names
of candidates for the off1ce of the City Council members shall be placed on said
ballot in the manner and form prescribed by law.
SECTION 4. Precinct ballot counters shall be employed at the election in
accordance with the Texas Election Code and the Election shall be held at the
polling places in the regularly prescribed precincts of the City of Corpus Christi,
as set forth on Attachment A hereto incorporated by reference and made part of
this ordinance. The Election shall be held in accordance with the election laws of
the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the
date of the Election. Testing of precinct ballot counting equipment shall be conducted
as prescribed by the Secretary of State.
SECTION 5. The City Secretary shall conduct the Election as directed by
ordinance of the City Council and by law. He is directed to request consideration
by the U.S. Department of Justice by the submission of any change herein which
require preclearance, and providing such demographic data and information as
required by law.
SECTION 6. Paper ballots and precinct ballot counters shall be used for
the conduct of the Election on election day and for early voting. Early voting in
person at each of the temporary branch polling places shall be conducted from
8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on March 16, 2005 and
ending on March 29,2005. Such early voting in person may be conducted at the
main early voting polling place located at City Hall in the lobby adjacent to the
Utilities Business Office, 1201 Leopard, or at the temporary branch polling places
hereby established as follows:
Northwest Site
Westside Site
Southside Site
Flour Bluff Site
Central Site
Hilltop Community Center
Greenwood Senior Citizen Center
C.C. Area Council for the Deaf
Nueces County Building
Nueces County Courthouse
11425 Leopard
4040 Greenwood
5151 McArdle
10110 Compton Road
901 Leopard
In addition, early voting in person may be conducted at the mobile temporary
branch polling places set forth in Attachment B hereto incorporated by reference
and made a part of this ordinance, during the days and hours specified therein.
The City Secretary is authorized, in the event of an emergency, preventing any of
the designated polling places from being utilized, to provide for suitable
replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 7. The City Secretary is directed to post and publish such
election notices as are required by the Election Laws of the State of Texas. The
City Secretary is further appointed as the authority and officer responsible for the
conduct of said election and is hereby authorized and directed to make all
necessary arrangements for the holding of said election in accordance with and
subject to the laws of this State including but not limited to contracting on behalf
of the City Council with the Nueces County Election Officer in accordance with
Chapter 31, Subchapter D, Election Code, for the use of tabulation equipment,
supplies and printing of ballots for the General Election and Runoff Election, if
one is necessary, for costs of the election, in accordance with certification of
funds.
SECTION 8. By approving and signing this ordinance, the Mayor officially
confirms as his action all matters recited in this ordinance which by law come
within his jurisdiction.
SECTION 9. If for any reason any section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance shall be held invalid or
unconstitutional by final judgement 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 of provision hereof be
given full force and effect for its purpose.
SECTION 10. The fact that it is necessary and essential that the governing
body of the City of Corpus Christi order elections pertaining to municipal affairs,
that the notice of such election should be promptly posted and published, that a
regular City election shall be held on the first Saturday in April 2005, and that the
requirements of the Voting Rights Act of 1965 may be timely met, and immediate
action is necessary for the efficient and effective administration of the city's affairs,
creates a public emergency and an imperative public necessity requiring the
suspension of the Charter Rule that no ordinance shall be passed finally on the
date of its introduction by that such ordinance shall be read at two meetings of
the City Council, and the Mayor, having declared that such emergency and
necessity exists, having required the suspension of the Charter Rule and that this
ordinance be passed finally on the date of its introduction and take effect and be
in full force and effect from and after its passage, the Council hereby finds that
such emergency and necessity do exists, and IT IS ACCORDINGLY SO
ORDAINED, this the day of January, 2005.
ATTEST:
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED: .201'1 day of January, 2005
MARY KAY FISCHER, CITY ATTORNEY
~~~j\~
(j
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, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PRECINCT
*9
*15
*16
*19
20
ATTACHMENT "A"
CITY OF CORPUS CHRISTI GENERAL ELECTION
APRIL 2, 2005
POLLING PLACE AND ADDRESS
1
First Presbyterian Church (Scout Hut)
430 S. Carancahua
2
Windsor Park School
4525 S. Alameda
3
Cedar Ridge Townhomes
4445 Cedar Pass
4
Kostoryz Elementary School
3602 Panama
5
Hamlin Middle School
3900 Hamlin
6
Ethel Eyerly Community Center
654 Graham Road
7
Oak Park Special Emphasis School
3701 Mueller
8
Ella Barnes Elementary School
2829 Oso Parkway
Calallen ISD Maintenance Office
4602 Cornett
See Precinct 114
See Precinct 26
17
Smith Elementary School
6902 Williams
18
Ronnie H. Polston County Building
10110 Compton Road
See Precinct 81
Galvan Elementary School
3126 Masterson
PRECINCT
POLLING PLACE AND ADDRESS
21
Kiwanis Recreation Center
3933 Timon Blvd.
*23
See Precinct 107
24
West Oso High School
5202 Bear Lane
26 & *16
Grace Presbyterian Church
630 1 Yorktown
29
Luther Jones Elementary School
7533 Lipes Avenue
30
Oveal Williams Senior Center
1414 Martin Luther King
31
See Precinct 39
32
Blanche Moore Elementary School
6121 Durant
33
George Evans Elementary School
1315 Comanche
*34
Our Lady of Mount Carmel Mission
1090 Clarkwood Road
38
Brooks Chapel A.M.E. Church
2101 N. Port
39 & 31
South Bluff United Methodist
1329 7th Street
40 & **28K
Island Presbyterian Church
14030 Fortuna Bay
41
Bonilla Building (Atrium)
2727 Morgan Avenue
42
Citko Deli
2766 Santa Fe
43 & 83
Wm. Travis Elementary School
3210 Churchill
PRECINCT
POLLING PLACE AND ADDRESS
44
Zavala Senior Center
510 Osage
45 & 46
George Wiggins Homes
2320 Buford Street
46
See Precinct 45
47
Ben Garza Gym
1815 Howard
48
Polling Place Location to be Determined
49 Scott Vetters Scout Hut
3221 McKinzie
50 & 59 Lindale Recreation Center
3133 Swantner
51 Gibson Elementary School
5723 Hampshire
52 See Precinct 79
53 Sam Houston Elementary School
363 Norton
56 La Armada Boys & Girls Hall
1455 Southgate
57 Del Mar College (Auditorium)
10 1 Baldwin
58 Menger Elementary School
2401 S. Alameda
59 See Precinct 50
60 Adult Learning Center
3902 Morgan Avenue
61 See Precinct 77
PRECINCT
POLLING PLACE AND ADDRESS
62 & 85
Wynn Seale Middle School
1707 Ayers Street
63
Parkway Presbyterian Church
3707 Santa Fe
64
Wilson Elementary School
3925 Fort Worth
65
Montclair Elementary School
5241 Kentner
66
Fire Station No.7
3722 S. Staples
67
Kaffie Middle School
5922 Brockhampton
68
Church of the King
1012 Annapolis
69
Baker Middle School
3445 Pecan
70 & 89
Arrowsmith Apartments
5701 Williams Drive
71
Lexington Elementary School
2901 McArdle
72
Central Park Elementary School
3602 McArdle
73
James W. Fannin Elementary School
2730 Gollihar
74
Cunningham Middle School
4321 Prescott
75
David Crockett Elementary School
2625 Belton
76
Port Avenue Drugs
913 Port Avenue
77& 61
Lozano Elementary School
650 Osage
PRECINCT
POLLING PLACE AND ADDRESS
78
John F. Kennedy School
5040 Rockford
79 & 52
Miller High School
1 Battlin' Buc
80
Skinner Elementary School
1001 Bloomington
81 & *19
Christus Spohn Family Center
14202 S. Padre Island Drive
82
Fire Station No.9
501 Navigation
83
See Precinct 43
84
C.C. Area Council for the Deaf
5151 McArdle
85
See Precinct 62
86
Recio's Restaurant
3150 S. Alameda
87
Carroll Lane Elementary School
4120 Carroll Lane
88
See Precinct 115
89
See Precinct 70
90
Fire Station No. 11
910 Airline
91
The Shores Apartments
7350 McArdle
92
Cullen Place Middle School
5225 Greely Place
93
Water Utility Building (Conference Room)
2726 Holly Road
94
Wm. Calk Elementary School
4621 Marie Street
PRECINCT
POLLING PLACE AND ADDRESS
95
Ss. Cyril & Methodius Church (Kasper Hall)
3210 S. Padre Island Drive
96
Church of Christ
3001 Norton Street
97
Rosas Garage
4462 Dinn Street
98
Moody High School
1818 Trojan Drive
99
West Heights Baptist Church
642 Scott
100
Fire Station No. 12
2120 Rand Morgan
101
Tuloso-Midway High School
2653 McKinzie
*103
Tuloso-Midway Middle School
9380 LaBranch
106
Tom Browne Middle School
4301 Schanen
*107 & *23
Magee Elementary School
4201 Calallen
109
King High School
4225 Gollihar
110
Hilltop Community Center
11425 Leopard Street
*111
LULAC West Apartments
10702 IH 37
112
Schanen Estates Elementary School
5717 Killarmet
113
Garcia Elementary School
4401 Greenwood
PRECINCT
POLLING PLACE AND ADDRESS
114 & *15
St. John Baptist Church (Rm. 116)
5445 Greenwood
115 & 88
Club Estates Elementary School
5222 Merganser
116
Elliott Grant Middle School
4350 Aaron
117
Flour Bluff High School (Auditorium)
2505 Waldron Road
118
Polling Place Location to be Determined
119
Fire Station No. 14
5901 S. Staples
120
Woodlawn Elementary School
III 0 Woodlawn
121
C.P. Yeager Elementary School
5414 Tripoli
122
Flour Bluff ISO (Maintenance Dept.)
2505 Waldron Road
123
Cala1len East Elementary School
3709 Lott Avenue
124
Cimarron Senior Apartments
2802 Cimarron Blvd.
125
Mireles Elementary School
7658 Cimarron Blvd.
* Indicates partially inside and outside city limits.
** Portion of Kleberg County voting precinct located within City limits.
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16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 25, 2005
AGENDA ITEM:
AN ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE IV, DIVISION
12, SMALL BUSINESS ADVISORY COMMITTEE REGARDING MEMBERSHIP AND DUTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
ISSUE:
The Business Resource Center Steering Committee was established in 2002 as the goveming board
for the Business Resource Center. In August 2004, the City Council deleted the business resource
center steering committee from the code cJ crdinances and established the Small Business AdvisOfy
Committee. The Small Business Advisory Committee was developed to advise the Economic
Development Office (EDO) on contracts for small business services and programs. This advisory
committee would be more beneficial if it had a broader purpose which would include advising the
EDO on projects and programs to initiate, enhance or research for the purpose of retaining,
expanding, and creating small and historically undel\llllized businesses and jobs employed by such
businesses; on the development of partnerships with organizations to initiate, enhance or research
such projects and programs; and to serve as a focal point to communicate approaChes to identify,
attract, expand, and retain small and historically underutilized businesses. Examples of activities
would include developing outreach activities targeting small and historically underulllized businesses
to increase awareness and participation in economic development incentive programs, such as the
Renewal Community, tax abatement, and the Business Development fund; developing partnerships
with state agencies and local non-profits to retain, expand and attract small and historically
underulllized businesses; developing partnerships to gain additional federal and state economic
development incentives; develop programs to facilitate the redevelopment of targeted areas in
partnership with small and historically underutllized businesses. The proposed amendments also
proVide a firm number of members and a general description of qualifications for consideration to
serve on the committee, which is consistent with other committees and boards.
REQUIRED COUNCIL ACTION: Approval of ordinance as presented.
CONCLUSION AND RECOMMENDATION: Approve ordinance as presented.
()~7?rn~
OscarMa~n& ~
Assistant City Manager
AN ORDINANCE
AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE IV, DIVISION 12,
SMALL BUSINESS ADVISORY COMMITTEE, REGARDING MEMBERSHIP AND
DUTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Code of Ordinances, Chapter 2, Article IV, Division 12, Small
Business Advisory Committee, is amended to read as follows:
"DIVISION 12. SMALL BUSINESS ADVISORY COMMITTEE
"Sec. 2-140. Establishment.
"There is hereby established the "Small Business Advisory Committee" (Committee) which shall consist
of a miRimum af nine (9) members aRd Rat mar.e thaR fifteeR (1 Ii) memllers. The members of the
Committee shall be appointed by the city council. The Committee shall have the guidance and
assistance of the director of economic development. The members of the Committee shall serve without
compensation.
"Definitions:
"Historicallv Underutilized Business" means a minority. women and disabled business firms that are at
least fiftv-one percent owned and operated bv an individual/s) of the aforementioned cateoories. Also
included in this cateoorv are disabled business enterprises and non-profit work centers for the blind and
severelv disabled.
"Small Business" means a business that meets the U.S. Small Business Administration's /"SBA")
definition which is a business that is independentlv-owned and ooerated. is not dominant in its field of
operation and in compliance with the SBA's Small Business Size Reoulations.
Sec. 2-141. Membership, terms, and quorum.
(a) The Cammittea sRalllle eomt:lased afiRe fellEl'.viRg iRdividuals:
1. One (1) ret:lreseRtiRg Texas A&M L'Rivar6it'l Cart:lus Christi
2. ORe (1) ret:lreseRtiRg Dol Mar Callega
~. One (1) r.et:lr.eseRting Caaatalllen8 'Narkforee Develet:lmeRt Cort:lor-ation
4. One (1) ret:lraseRtiRglRa Cart:lus CRristi Hist:lanie CRamllar af Commer-Ge
5. One (1) repr.esenting tRe Cort:llls CRrisli Chamller of Commeroe
e. One (1) ret:lfesonting tRe Illack Chamller afCommorce
7. T'I1a (2) ret:lresanting smallllusiness serviea t:lHl'lider6
B. Threa (~) r.et:lresentingllusinasE assaeiatians
9. Four (1) r.et:lresentiRg smallllusinass owners Raving less tRan 59 emt:llayaes
January 192005 SBAC - v2.DOC
2
"(a\ The committee shall be composed of representatives from an oroanizations that assists small and
historicallv underutilized business. which includes oroanizations that provide proorams and services that
facilitate in the attraction. creation. expansion or retention of small and historicallv underutilized
businesses and iobs in Corpus Christi. local small or historicallv underutilized business owners. or
representatives from businesses that support small and historicallv underutilized businesses such as
banks and real estate aoencies.
"(b) Members of the Committee may be appointed for terms of two (2) years coincident with the city fiscal
year. Terms shall be staggered so that no more than ene Ralf ( 1!2) one-third (1/3\ of the terms expire in
anyone city fiscal year. The term of each member shall continue until a successor is appointed, subject
to limitations of the City Charter or a term limitation established by ordinance. A vacancy shall be filled for
the unexpired term in the same manner in which appointments are required to be made. Any member
may be removed by the city council for cause.
"(c) A majority of the Committee members shall constitute a quorum. TRe sancurrins 'late af a majority af
tRese I'lFesenl, but net less IRan ene half (112) members sRallbe r.e{juiree fer makins (3 eesisien.
"Sec. 2-142. Organization.
"(a) The chair and vice-chair of the Committee shall be elected by the members at the first regular
meeting of each fiscal year. The chair and vice-chair shall serve for a term of one (1) year. If a vacancy
occurs in either position prior to the end of a fiscal year, a replacement shall be elected by the members
at the next regularly scheduled meeting of the Committee to serve in the position for the remaining term.
"(b) The Committee shall keep minutes of its meetings and activities and furnish a copy of the minutes to
the Mayor, City Council, City Manager, City Secretary and Director of the Economic Development Office
within fifteen (15) days of the meeting or activity. The Committee shall meet at least once each quarter
and may meet more frequently as determined by a concurring vote of a majority of those present, but not
less than one-half (1/2) of the Committee members.
"(c) Subcommittees composed of Committee members may be appointed by the chair and utilized to
perform certain projects related to increasing opportunities for small and historicallv underutilized
businesses. The chair, with advice and consent of the city council, may call upon individuals from
throughout the community to assist the Committee or its subcommittees in the analysis of items being
considered by the Committee.
"(d) The director of the Economic Development Office shall provide the necessary administrative and
clerical support to the Committee to carry out its duties.
"Sec. 2-143. Purpose and duties.
"The purpose of the Committee is to aevise ane resemmene centrasts fer business relatse ssrvises ane
I'lrGsrams te sr.eate, sustain, ane eXl'lane minerity, small, ane eisaevantasee businesses; ane te serve as
a fesall'leiRt te semmuRisale al'll'lroasRes fer tRe eevelol'lment, retsRtien, ane eXl'lansion ef minerity,
small, aRg gisadvaRlaQeg G\lsiResses. advise the Economic Development Office on proiects and
proorams to initiate. enhance or research for the purpose of retaininq. expandinq. creatino small and
historicallv underutilized businesses and iobs provided bv small and historicallv underutilized businesses:
on the development of partnerships with orqanizations to initiate. enhance or research such proiects and
proqrams: and to serve as a focal point to communicate approaches to identifv, attract. expand. and
retain small and historicallv underutilized businesses. "
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
JANUARY 192005 SBAC - V2.DOC
3
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 Christi as required
by the City Charter of the City of Corpus Christi.
JANUARY 19 2005 SBAC - V2.DOC
4
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this the _ day of
, 2005 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the _ day of
,2005.
ATTEST
Armando Chapa
City Secretary
;:::'~~
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L Neal, Jr.
Mayor
,2005
January 192005 SBAC - v2.DOC
17
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 Ordinan~e.
~ 4!t\~$ci~
Mary K Fis 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 to correspond with election
results;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Jan 2005 Code amendments re election results. DOC
2
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; disqualifioation of members soeking other offioe.
"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 momber of any committee, board or commission shall announoe as a
candidato for nomination or oloction to any olective public offioo, or oampaign for
nomination or eleotion to any public offise, or be appointee to any elective I3l,1blio offico,
such membor shall automatioally cease to be an aotivo merntler of suoh oommittoe,
boare or oornmissioA, ane the r.espoGtive body shall eertify suoh taot to inform the
council of suoh vaoancy so as to enable the oouncil to fill suoh vacancy by I3rompt
appointment. "Publio offioe" as usod in this seotion does not include any offioe in any
politioal party. "
SECTION 2. Sec. 17-34 of the City Code of Ordinances is repealed in its entirety.
Sec. 17 34. Homostead ad valorom tax exemption to persons sixty five or ovor.
ThClfe is heroby exemptoe from all ad '/alorom taxos levied after January 1, 1974, fel,lr
thousand eollars ($4,000.00) of tho assossed taxable '/alue of rosidence homesteads as
that torm is definee 13y tho state constitution and law af persons sixty five (65) years of
ago or older; pro'lidee, howevor, the exomption will not attach to any rosidenoe
homestead until and unloss the ownClf thereof or his duly authorized agent or attorney
has applied at the city tax office for tho oxemption complotely oxoouting tho form sot out
horein, or any ro'/ision thoreof '""hich inoludes an affirmati'lo statement that the applicant
is sixty five (65) yoars of age or older, is ownor of tho property for '""hich the exemption
is sought, applicant rosides on the property, prel3erty is homesteaded under oonstitution
and la'A's of the state, tho form is signod by tho head of the family :md acknm...lodged by
a clerk of the tax office. Said form shall be executoe botweon January first ane April
thirtieth of eaoh year and failure to exeoute and file said form by April thirtioth of any
year forfeits tho exernption for that year. However, the city tax assossor may, for good
cause sho'Nn, waive the ,^,pril thirtieth deac:lline UpOR the swam affidavit af the applicant,
so long as such late filing privilege grant will not, in the o'laluation of tho city tax
assossor oolloctor, materially contributo to the dolay or incroase the expenso of tho
proparation of tho city tax roll.
I\PPLlC/\TION FOR $4,000.00 ASSESSMENT
EXEMPTION FOR PERSONS 65 YE/\RS
OLD OR OLDER
JAN 2005 CODE AMENDMENTS RE ELECTION RESUL TS.DOC
3
Date
1. Descriptien of Property;
2. OwnersAip of Described Property:
3. Name!: and ages of persons residing at Property:
1. Is Property Described Home!:tead as th::lt term i!: defined under the Con!:titution
::Ind Law!: of the State of Texas"
Ye!:
No
5. By signiAg this form I hereby affirm that the foregoing
!:tatements are true and correct and I am the head of the family residing in the afore!:aid
homestead.
Signature
Acknowledgment:
Clerk, Tax Office
This !:ection is and shall be con!:trued a!: cumulative of all other ordinances and merely
adds the aforesaid exemption upon proper application.
(Ord. No. 11247, ~~ 1,2,11073; Ord. ~Je. 11918, ~ 1,22074; Ord. No. 12211, ~ 1, 8
+-+4t
SECTION 3. Section 39-15, Political activities of city employees, is repealed in its
entirety.
Sec. 39 15. Political activities of city omployee!:.
(a) Purf'lose. The purpo!:e of this !:eotion is to olearly o!:tablish prohibited and
permi!:siblo political acti'/ities for all city employee!:, cla!:sified or unclassified, except
tAese otAo"....ise regulated by federal or state la'N.
(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 exoept a!: ::I
candidate for an office under the City Charter. It is similarly city policy that, except
where expressly proviEled otherwise, city employee!: shall have the right to fully
partisipate in political activities other than campaigns for city olective offioe. It is the
purpose of tAIs section to specifically deliAo.ate those activities which city employees
may and may not participate in.
(c) Regulated activities.
JAN 2005 CODE AMENDMENTS RE ELECTleN RESUL TS.DOC
4
(1) To avoid undue influence of city employees on the outcome of city couAcil
elections and to avoid undue influence of city councilmeA or oandidates for oity counoil
on oity employees, tho following restriotions are imposed:
a. No employee of the oity or assooiation of such eR'lployees may publioly endorse
or aotio/ely support candidates for the city counoil or any political organization or
association organized to support oandidates for the oity oounoil;
b. No employee of the oity may ciroulate petitions for oity oouncil candidates,
although he may sign suoh a petition;
o. No employee of the oity may contribute, direotly or indirectly or through an
organizatioA or assooiatien to such a oampaign nor solioit or reoeive oontributions for a
city oouncil candiaate;
d. No eml'lloyee of the city may .....ear city eO"lFloil eampaign buttons nor distri13ute
caml'laign Iiter-ature at work or in a oity uniform or in tl:1e offices or Buildings of tl:1e City of
Corpus Christi.
(2) An employee of the oity may not:
a. Use the prestige of his position '.\lith the oity for any partisan oandidate;
b. Manage (1 partisan politioal campaign;
o. Solicit or receive oontributions for such a oampaign;
d. J'.ctively support a candidate exoept on hie own time while not in a oity uniform
nor in aA offioe or building of the city.
(3) The following activities are permitted:
a. City employees may place city oounoil oampaign signs in their yards and on the
premises of their homes;
b. City employees may place bumper stiokers on the vehicles whioh they own but
not on a oar tl:1e use of which is supported in whole or part by a oar allowanoe;
c. The spouses of city employees may oontriBute to the campaililn of a city council
oandidate ana may solicit and receive contributions for a oity oouncil oandidate;
d. Tl:1e spouses of oity eml'lloyees, and associations and organizatione of spouses
of city employees, may publicly enderse and actively support city council candidates;
c. The spouses of city employees, and assooiations and organizations of spouses
of oity employees, may ciroulate I'letitions for oity council eandidates; and
JAN 2005 CODE AMENDMENTS RE ELECTION RESUL TS.DOC
5
f. J\n assosiatioR or organizatioR of city employees may mail or otheFwise distril3uto
endoFE;ements of city council candidates to the city employee members of such
organization or association.
(1) I\n employeo of the city who is a candidate for office under the City Charter mClY
fIeF.
C1. Campaign .....hile on duty in a city uniform or in the offices or buildings of the city;
Of
b. Engage in the activities prohibited under subsection 39 17(c)(2).
(d) DisseminatioR of factual information. ~lothing herein shall be interpreted to
prohibit the city staff fFOm I3rovidiRg faotl,jal information about iscues involved in a oity
election to all groups or individuals on an eql,jal basis. No indication of preferenoe for
any caRaidate or proposition sRall be made; I3ro\'ided, hO'l:e\'Cf, that oity staff may
disol,jss ana explaiA the faotlolal basis of staff reoommendations made prior to tRe
caml3aign conceming iscues involvea in the eleotion; for instanoe, annexation and bond
eleotions.
(e) Ruling OR contemplated political activities. ,A,ny employee who is uncertain as to
the al3plioation of tRese rules to an aotivity in whioh he/she '....ishes to engage shall
request in writing tRat his/her department head advise him/her ac to the permissibility of
the oonduot. Suoh request chall include the date upon "..hioh the employee foresees
partisipating in the activity, and the department head chall recpond in writing within a
reasonable time thereafter.
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 2005 CODE AMENDMENTS RE ELECTION RESUL TS.DOC
6
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
Javier D. Colmenero
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2005 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
day of
,2005.
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: ~
I 2- ,2005
rJ~~
Lisa Aguilar
Assistant City Attorney
for City Attorney
Jan 2005 Code amendments re election results. DOC
18
CITY COUNCIL
AGENDA MEMORANDUM
January 18, 2005
AGENDA ITEM:
a. Public hearing 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, Slock 2, Furman Addition (between
Hancock Avenue and Furman Avenue) east of S. Carancahua Street.
b. Ordinance 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, Slock 2, Furman Addition (between Hancock Avenue
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
portion of alley right-of-way. City Code requires a public hearing prior 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 - Sackground Information
Exhibit S - 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 Luts 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 private 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.
TimeWarnerwill 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 byThe
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:
BA 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: Januarv 18. 2005
ORDINANCE CAPTION:
a. Public hearing to consider abandoning and vacating a 4,380-square foot portion 01 a 22.60-100t wide alley right-of-
way, between Lots 1-6 & 7-11. Biock 2. Furman Addition (between Hancock Avenue and Furman Avenue) east of S.
Carancahua Street.
b. Ordinance abandoning and vacating a 4.380-square foot portion of a 22.60-footwide 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;
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 CONDITIONS AS PART OF CLOSURE:
1. 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.
2. Owner is to reroute an existing 2-inch city gas line, abandon in place an existing 2-inch 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 TimeWarner aerial cable at
owner's expense.
4. Owner is to dedicate at owner's expense a private SBC easernent (8' wide x 300' long) by separate
instrument and install 3 additional conduits for an existing 9-way conduit system, plus 2 spans of aerial cable
and additional conduit and cable box.
5. Owner is to reconstruct 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. Prior
to Building Permit approvai 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:
ir ctor of Deveiopment Services
DATE: \'~'05
Approved:
Date:
EXHIBIT B
AN ORDINANCE
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;
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 County, 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 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 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:
1. 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.
2. Owner is to re-route an existing 2-inch city gas line, kill in place an exisitin9 2-
inch 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
TimeWarner aerial cable at Owner's expense.
4. 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.
5. 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.
H:\LEG-DIR IJosephIORD-Fur-alIey-a v.doc
6. 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.
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.
H:ILEG-DIRIJosephIORD- Fur-alley-av .doc
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2005, by the following vote
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
day of
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved I k...." /1
By: ~ I~
Jos h Harney
Assistant City Attorney
For City Attorney
,2005
H:\LEG-DIRIJoseph 10RD-Fur-alley-av.doc
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EXHIBIT C
ALLEY CLOSURE
LOTS 1-6, BLOCK 2
FURMAN ADDITION
19
CITY COUNCIL
AGENDA MEMORANDUM
January 18, 2005
AGENDA ITEM:
a. Public hearing to consider 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.
b. 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 owner's compliance with the specified conditions.
ISSUE: The Morris L. Lichtenstein, 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 prior to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis.
~b
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
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. The Hancock Avenue
and S. Carancahua Street area is in a "B-5" Primary 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 aerial 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 portion 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 $ 4.520.00 forthe 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:
BA 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: Januarv 18. 2005
ORDINANCE CAPTION:
a. Public hearing to consider abandoning and vacating a 6,394.30-square loot portion of the S. Carancahua Street
right-of-way, north 01 Hancock Avenue; and the Hancock Avenue right-of-way, east of S. Carancahua Street.
b. 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
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 CONDITIONS AS PART OF CLOSURE:
1. Staff recommends that the Owner pay the fair market value of $ 4.520.00 for the abandonment and vacation
of a 2.699.90-square foot portion of the S. Carancahua Street right-of-way (ROW) and the Hancock Avenue
right-of-way.
2. 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 of a 12" RCP with two existing storm sewer inlets on the Hancock Avenue
ROW, at owner's expense.
3. 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 private franchised utilities, at owner's expense
4. Reconstruction of a right-turn lane is required to be constructed at the Hancock Ave. and Carancahua St.
intersection, at owner's expense. which may off-set the fair market value.
5. Upon approval from Council and ordinance issued. aU grants of aUey ciosures must be recorded at owner's
expense in the real property Map Records of Nueces County. Texas. in which the property is located. Prior to
Building Permit approvai of construction. an up-to-date survey. abstracted for aU easements and items of
record, must be submitted to the Director of Deveiopment Services.
6. Owner must comply with aU the specified conditions of the ordinance within 180 days of Council approval;
however, the Director of Oevelopment Services may extend the time limit for an additional 180 days if
extenuating circumstances outside the Owner's control necessitate an extension.
REQUESTED BY:
DATE: \.
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 OWNER'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, 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 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:
1. 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.
2. 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.
3. 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.
4. 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.
H:\LEG-DIR \Joseph \0 RD-Car- Han-av. doc
5. 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 suryey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
6. 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-DIRVoseph\ORD-Car-Han-av.doc
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:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
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 , 2005, by the following vote
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
Approved
J..,._ I'!. ,2005
.
By:
~ Ik:=o-
Jose Harney
Assistant City Attorney
For City Attorney
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
CITY OF CORPUS CHRISTI
.2005.
Samuel L. Neal, Jr.
Mayor
H:ILEG-DIR \Joseph 10 RD-Car-Han-av .doc
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HANCOCK AVENUE
(R.O.W. VARIES)
EXHIBIT C
STREET CLOSURE
CARANCAHUA STREET
and HANCOCK AVENUE
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20
CITY COUNCIL
AGENDA MEMORANDUM
January 18, 2005
AGENDA ITEM:
a. Public hearing to consider 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
b. Ordinance abandoning and vacating the 14,731-square feet of the HuntwickAvenue 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, L TD, is requesting the
abandonment and vacation of the dedicated public right-of-way to allow for the construction of a
supermarket over the existing right-of-way.
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 prior to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis.
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 of the owner, Hunt Development, L TD, 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 from 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 for the construction of 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 construction 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 for 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 of the right-of-way
abandonment.
EXHIBIT A
FROM:
BA Bailey, AICP, Director ot Development Services
DATE:
January 10, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Januarv 18, 2005
ORDINANCE CAPTION:
a. Public hearing to consider abandoning and vacating the 14,731-square teet otthe Huntwick Avenue
right-ot-way extending south trom the intersection with Saratoga Blvd. (SH 357) west ot S. Staples
Street (FM 2444); subject to compliance with the specified conditions
b. Ordinance abandoning and vacating the 14,731-square teet ot the Huntwick Avenue right-ot-way
extending south trom the intersection with Saratoga Blvd. (SH 357) west ot S. Staples Street (FM
2444); subject to compliance with the specified conditions.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 57, Page 104, ot the Map Records ot Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. Fair market value tor the closure will be off-set in part or totally by the dedication ot additional
right-ot-way.
2. City Water Department requires that the owner provide a set ot City construction drawing tor
approval to relocate the existing public water line or dedicate a utility easement by separate
instrument to serve that location.
3. Upon approval trom 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 ot record, must be submitted to the Director ot Development
Services.
REQUESTED BY:
DATE: 1'1~-o5
Approved:
Date:
EXHIBIT B
AN 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 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
2444), 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:
1. 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.
2. City Water Department requires that the Owner provide a set of City approved
construction plans for the water line that will be located on private property to
serve that location.
3. 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.
4. 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\JosephIORD-Huntwick-av.doc
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2005, by the following vote
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
day of
,2005.
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved ,Lu'11 I) ,2005
By: ~ 11---
Jos h Har~ey ~
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JosephIORD-Huntwick-av.doc
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HUNTWICK AVENUE
STREET ROW CLOSURE
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: First Quarter Report of the Health Benefit/Risk Management Fund
STAFF PRESENTER(S):
Name Title/Position DeDartment
1. Cynthia C. Garcia Director of Human Resources Human Resources
2.
3.
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1.
2.
ISSUE: Because of the unpredictability and fluctuation of the activity in Health
Insurance, Workers Compensation, and General Liability, the Council has asked for
quarterly presentations of incurred costs, and amounts paid in the Health Benefits/
Risk Management Fund.
BACKGROUND: Staff has been making quarterly presentations to the Council
for three years, so that the Council can make adjustments to the Budget, as
needed, and informed decisions regarding insurance premiums.
REQUIRED COUNCIL ACTION: None
(~tb/
Cy thia C. Garcia
City of Corpus Christi, Texas
Department of Human Resources
Risk Management Fund
Report for Period Ended October 31, 2004
TABLE OF CONTENTS
Health Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .1
Workers' Compensation...................................................................................... 7
General Liabilities. . .. .. .. . . .. . . . . .. . . . . . . .. . . . . .. . . . .. .. . . . .. . . .. .. . .. . .. . .. . . . . .. . .. .. .. .. . . . . .. . .. . . . .. . .. .15
Health Benefits
As we begin Fiscal Year 2005, we note the "smoothing" of the claims processing in Fiscal Year
2004 over the previous year. The one-time savings noted in Fiscal 2004 as we transitioned to
Humana's network assisted us in Fiscal 2004, but is not expected to be repeated as a significant
event in Fiscal 2005 (though we do expect to enjoy a continuation of the savings over years prior
to Fiscal 2004). As a new plan year begins and deductibles and out-of-pocket limits are reset,
one may see a tendency for the number of claims to shift downward (employees tending to delay
paying deductibles when there is choice) and the amount per claim paid by the plan may be
lower (because deductibles are being satisfied). We would expect the portion paid by the plans
to increase in later quarters as deductibles and out-of-pocket limits are satisfied.
Graphs H-I and H-2 below provide the claims count and dollars paid for each of the City's
health plans for Fiscal Years 2004 and 2005. The data itself is provided in Tables H-I and H-2
following each graph.
Number of Claims Filed by Plan
9000
1000
8000
7000
6000
~ 5000
..
(j
: 4000
3000
2000
o
Aug 03
~03 ~c03 ~~ ~r~ Jun04 Aug~
I-+-Basic __a_Citicare -+-Fire -*-Police -+-O&V _Tota!-FY04 Trend I
Oct '04
Graph H-I
I
Number or Mediul Claim. Filed
Year AUK Sept 0.. Nov D", Jln Fob M.. AD' M,y Jun Jul Total
Citicare FY04 2693 4776 4516 3634 3161 3430 3868 4064 3887 3883 3710 3841 45463
FY05 2,863 5028 4229 12.120
CiticareFire FY04 694 983 950 775 770 797 809 906 904 1028 830 778 10224
FY05 685 1130 999 2814
CiticarePD FY04 786 1,286 1,228 1,035 1,122 1,058 1191 1,306 1,112 966 985 948 13023
FY05 711 1352 1321 3384
Citicare Basic FY04 40 125 78 85 64 89 130 83 130 99 107 95 1,125
FY05 118 98 127 343
Total FY04 4213 7170 6772 5529 5117 5374 5998 6359 6,033 5976 5632 5662 69835
FY05 4,377 7,608 6.676 - - - - 18,661
$1,800,000
$1,600,000
$1,400,000
$1,200,000
I!! $1,000,000
.!
"0
c $800,000
$800,000
$400,000
$200,000
Table H-l
Dollars Paid by Plan Including Prescriptions
$-
Aug 03
Aug 04
Oel'04
Oel03
Dee 03
Feb 04
Apr04
Jun 04
-+-8asic ___CC & Q+ -*-Fire -+-Pollce ____O&V ~Rx -+-Total -FY04 Trend
Graph H-2
Dollars Paid (In Thousands)
Year AUK SeDt 0.. Nov D'" JID Fob M.. AD' M,V JUD Jul Total
Citicare FY04 $ 947 $ 799 $ 714 $ 477 $ 620 $ 461 $ 595 $ 699 $ 605 $ 653 $ 638 $ 659 $7 866
FY05 675 807 739 2221
CiticareFire FY04 122 122 109 97 88 113 158 100 134 177 133 104 1457
FY05 94 116 170 380
CiticarePD FY04 294 198 169 162 197 190 197 317 178 286 251 202 2,639
FY05 103 390 240 733
CiticareBasic FY04 1.541 22.675 14.011 9.899 4.33\ 9.923 11.966 4.958 6.945 10.675 11.060 7.280 115
FY05 9.158 12.514 9.263 31
Pharmacy FY04 267 201 200 191 211 221 210 236 221 218 214 221 2,610
FY05 220 229 247 696
Total FY04 1631 1343 1206 936 1120 994 1171 1357 \145 1345 \246 1\92 14,687
FY05 1 tol 1555 1.405 - - - - - 4061
Table H-2
Table H-3, shown next, provides information regarding the change in claims filed and dollars
paid for each of the three major health plans (Citicare, Fire and Police) from the first three
months of Fiscal Year 2004 to the same period in Fiscal 2005,
2
1st Ouarter Results
Claims % Dollars %
Count Cham!e Paid' Chanee
Citicare FY04 11,985 $ 2,460
FY05 12,120 1.13% 2,221 -9.73%
Citicare Fire FY04 2,627 $ 353
FY05 2,814 7.12% 380 7.51%
Citicare PD FY04 3,300 $ 660
FY05 3,384 2.55% 733 11.01%
Citicare Basic FY04 243 $ 38
FY05 343 41.15% 31 -19.08%
Pharmacy FY04 18,155 $ 668
FY05 18,661 2.79% 696 4.19%
'Dollars Paid are in Thousands.
Table H-3
Graph H-3, shown next, compares the average cost per claim for each of the health plans during
the first quarter of the year for Fiscal Years 2004 and 2005. Table H-4 provides the data charted
in Graph H-3 split out between both medical and pharmacy claims. This is then followed by
Table H-5 which summarizes the In-Network benefits for the Citicare, Fire and Police health
plans. Finally, Graph H-4 shows the average cost per member in total for each of the three past
three fiscal years as well as Fiscal Year 2005 to-date.
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Summary of Primary Network Benefits
Citicare Fire Police
Physician Services
In-Patient $20.00 Co-Pay $15.00 Co-Pay
Out-Patient
Ememencv Room
Lab Work
Physician's Office: $15.00 Co-Pay $ 10.00 Co-Pay
Lab facility:
Hospital:
X-Rays
Physician's Office: $15.00 Co-Pay $10.00 Co-Pay
X-Ray facility: $20.00 Co-Pay $15.00 Co-Pay
Hospital: $20.00 Co-Pav
Hospital Services $100 Individual Deductible
Out-Patient Services $300 Family Deductible $ I 00 Individual Deductible
Then 85%/1 5%
$200 Individual Deductible Reimbursement $250 Family Deductible
$600 Family Deductible Then 85%/15%
Reimbursement
Hospitalization Then 80%/20%
In-Patient Services Reimbursement $200 Individual Deductible
$600 Family Deductible
Then 85%/15%
Reimbursement
$t5.00 Co-Pay then
85%/15% Reimbursement
Emergency Room $50.00 Co-Pay then (Co-Pay increases to $50 if
80%/20% Reimbursement minor emergency clinic in
Souths ide and CalalIen
areas. )
Generic: $10.00 Generic: $ -0- Generic: $ 5.00
Prescriptions Birth Control: $20.00
Brand: $35.00 or 30% Brand: $10.00 Brand: $20.00
(whichever is Qreater)
Out-of-Pocket Cost
Excluding Co-Pays & $2,000 Individual! $6,000 $525 Individual/ $1,575 $500 Individual!$ I ,250
Deductibles Family Family Family
Table H-5
5
450
400
350
300
~ 250
.!!
"0 200
Q
150
100
50
Cost Per Claim
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1-. - - 1----. -
Aug
Sept
Oct
Noy
Jon
Fob
Mor
Apr
Jul
Moy
Jun
Doc
1__ FY02 __ FY03 .....- FY04 _FYOSI
Graph H-4
6
Workers' Compensation
General Information
Table WC-l below gives summary claims data for the Workers' Compensation self-insurance for
the first quarter of each year since Fiscal Year 200 I. As can be seen, the first quarter claims
count and incurred costs for Fiscal 2005 are lower than any of the previous four years' first
quarter numbers.
WORKERS' COMPENSATION
5- YEAR NEW CLAIMS HISTORY
(Fiscal Year Basis - Period Ended October 31)
Year FYOI FY02 FY03 FY04 FY05
Total number of Claims 347 312 282 281 255
Total Incurred $ 440,626 $ 290,824 $ 550,207 $ 369,807 $ 238,617
Total Paid $ 62,068 $ 44,235 $ 125,260 $ 71,332 $ 56,757
% of Total Incurred Paid Out 14% 15% 23% 19% 24%
Number of Claims Paid> $1.00 191 82 103 160 139
Number of Indemnitv Cases Paid On 33 15 18 34 17
Number ofMO Cases Paid On 158 67 85 126 122
Number of Claims Not Paid On t56 230 179 121 116
% Indemnitv Cases of Paid-on Cases 17.28% 18.29% 17.48% 21.25% 12.23%
Number ofCCFD Claims 53 59 38 43 32
Number ofCCFD Response Calls 6,270 6,882 6,858 7,283 7,418
CCFD Claims per Call 0.0085 0.0086 0.0055 0.0059 0.0043
Number ofCCPD Claims 103 92 77 78 60
Number ofCCPD Response Calls 39,993 43,009 40,418 42,805 42,379
CCPD Claims per Call 0.0026 0.0021 0.0019 0.0018 0.0014
Table We-!
Graph WC-l and Table WC-l provide claims count data by department. With the exception of
Parks and Animal Control (under "All Other"), each department has been experiencing a gradual
decrease in the number of workers' compensation claims during the first quarter of each
successIve year.
7
Year to Date Claims Count Comparison
(Period Ended October 31)
400
FY01
FY02 FY03 FY04
FY05
. All Other
IilWater
. Street
.Gas
. Wastewater
. Parks
. Solid Waste Services
. Fire
D Police
100
300
..
c
" 200
o
o
o
1 st Quarter
Graph WC-l
Cumulative 1st Quarter Comparison - Claims Counts
FY01 FY02 FY03 FY04 FY05
DeDartment Count 9.!!.Y!n Count Count 9.!!.Y!n
Police 103 92 77 78 60
Fire 53 59 38 43 32
Solid Waste Services 50 49 56 38 31
Parks 20 17 11 16 24
Wastewater 23 15 16 16 15
Gas 19 16 13 16 14
Street 11 15 7 12 11
Water 16 9 9 13 11
All Other 52 40 55 49 57
Total 347 312 282 281 255
Table WC-2
Graph WC-2 and Table WC-3 present the incurred costs for workers' compensation claims at the
end of the first quarter for each of the past 4 years and Fiscal Year 2005. As can be seen,
although claims counts have decreased from first quarter to first quarter, incurred costs fluctuate
quite a bit. The fluctuation in costs is as a result of the type of injuries sustained (see Graph WC-
for injury type data).
8
600,000.00
500,000.00
r! 400,000.00
.!! 300,000.00
'0
o 200,000.00
100,000.00
Department
Police
Fire
Solid Waste Services
Parks
Wastewater
Gas
Street
Water
All Other
Total
Year to Date Incurred Cost Comparison
(Period Ended October 31)
. All Other
I!l Water
. Street
.Gas
. Wastewater
. Parks
. Solid Waste Services
.Fire
FY02 FY03 FY04 FY05 0 Police
1 st Quarter
FY01
Graph WC-2
Cumulative 1 st Quarter Comparison - Incurred Costs
FY01
Incurred
$146,536.44
86,009.98
45,203.68
16,531.15
17,536.12
40,844.80
12,633.38
16,000.00
59,330.18
$440,625.73
FY02
Incurred
$97,608.10
47,674.80
34,570.47
12,467.99
26,971.14
12,159.12
13,546.72
8,638.50
37,186.91
$290,823.75
Table WC-3
FY03
Incurred
$190,446.37
129,382.84
37,418.66
15,567.59
48,084.52
28,192.06
9,917.40
4,839.99
86,357.75
$550,207.18
FY04
Incurred
$124,080.90
63,656.50
50,201.93
15,248.45
10,435.75
15,356.13
13,918.47
11,437.68
65,470.73
$389,806.54
FY05
Incurred
$69,632.53
30,201.57
27,944.33
27,105.95
21,522.51
9,618.76
22,698.84
3,935.18
25,956.93
$238,616.60
Graphs WC-3 and WC-4 below compare incurred costs to paid costs and paid-on cases to non-
paid cases. The low level of dollars paid out, as reflected in Graph We-3 is reflective of the
time-sensitive nature of Workers' Compensation claims, The incurred cost is an estimation of
the total expenses and benefits to be paid out on claims. However, benefits costs (impairment
income and temporary income) are distributed over time whereas most medical and
administrative expenses are paid relatively quickly,
9
Incurred Costs vs Paid Costs
$600,000
$500,000
l!! $400,000
.!! $300,000
'0
C $200,000
$100,000
$-
FY01
FY02
FY03
FY04
FY05
Fiscal Year - Period Ended October 31
I_Total Incurred _Total Paid I
Graph WC-3
400
350 ____u____..._."._.
300
250
200
150
100
50
FY01 FY02 FY03 FY04 FY05
I_ Number of Claims Not Paid On 0 Number of Indemnity Cases Paid On 0 Number of MO Cases Paid On I
Graph WC-4
Incurred Cost and Claims Maturation
Graphs WC-3 and WC-4, shown above, represent dollars paid during the first quarter of each
year for claims filed during the first quarter of each year. However, since many claims are not
closed immediately, at any given time the City will be paying for claims filed months or years
previous, Graph WC-5 below reports the amount of money paid out during the first quarter of
Fiscal Year 2005 for claims which were filed in previous years. As might be expected, the
largest expense is attributed to claims filed in the immediate previous year. However, significant
amounts of money were also paid out for claims in each of the previous fiscal years.
10
$600,000
:S! $500,000
:.. $400,000
I!! $300,000
~ $200,000
C $100,000
$-
Dollars Paid in Current Year
for Prior Years' Claims
$74,323
$84,296
$11,431
$14,163
$79,268
Prior to FY2000 FY2001
FY2000
FY2002 FY2003 FY2004
Year-to-Date Claim Count by Type of Accident
(Period Ended October 31)
FY01
FY02
FY03
FY04
FY05
Year of Claim
Graph WC-5
Tvpe of Accident
Graph WC-6 shown next provides claims count data by the type of accident occurring during the
first three months of each of the recent fiscal years. The number of claims filed for the most
common types of accidents appears to be improving when comparing first quarter to first quarter.
In particular, injuries as a result of strains are showing a continued improvement over the past
several years.
400
350
300
_ 250
c
:s 200
o
o 150
100
50
o
Graph WC-6
. Striking againsUstepping on
C Police apprehension
. Foreign body in eye
.Animalllnsect Bite
. Strain/Injury by
. Struck/injured by
. Motor vehicles
. All Other
. Falls/Slips
.Cuts/Scrapes
[J Caught Between
. Burns/scalds
11
ACCIDENT TYPES BY QUARTER
-- PERIOD ENDED OCTOBER 31
Accident Tvne FY01 FY02 FY03 FY04 FY05
All Other 28 54 60 44 56
Animal/Insect Bite 20 11 12 31 19
Burns/scalds 48 14 7 5 6
Caught Between 7 9 4 3 7
Cuts/Scrapes 28 21 28 19 23
Falls/Slips 39 43 21 40 32
Foreign body In eye 11 4 9 7 8
Motor vehicles 14 2 15 17 13
Police apprehension 21 16 0 0 0
Strain/Injury by 98 84 91 64 53
Striking against/stepping on 13 11 11 10 6
Struck/injured by 20 43 24 41 32
347 312 282 281 255
Table WC-4
Tvne of Iniurv
Graph WC-7 (Table WC-5) shown next gives claims counts by type of injury. Strain injuries are
consistently the most frequent type of injury sustained during the first quarter of each fiscal year.
Other specific types of injuries show no definite pattern with regards to any increases or
decreases in the number of such injuries sustained.
Year-to-date Claims Count by Type of Injury
(Period Ended October 31)
FY01
FY02
FY03
FY04
FY05
Ii!Ilnflamation
. Strain
. Sprain
. Puncture
o Laceration
o Foreign body
. Contusion (bruise)
. Burn
. All other trauma
400
350
300
... 250
c
~ 200
o
u 150
100
50
o
Graph WC-7
12
City of Corpus Christi
Injury Code Report Period Ended October 31
TVDe of Inlurv
All other trauma
Burn
Contusion (bruise)
Foreign body
Infiamation
Laceration
Puncture
Sprain
Strain
FY01 FY02
136 59
3 8
22 59
12 3
o 18
24 18
8 11
26 36
116 100
347 312
Table WC-5
FY03
89
7
17
6
7
23
14
19
100
282
FY04
96
5
41
7
14
19
15
26
58
281
FY05 % ChanQe
90 16.26%
6 20.00%
27 -34.15%
8 14.29%
4 -71.43%
26 36.84%
23 53.33%
20 -23.08%
51 -12.07%
255
Claims Activitv
The Claims Activity report is provided next in Table WC-6. This report records the actual
business that occurred each month of the fiscal year. It gives the number of new claims filed
during that month, the number of claims closed, the amount of dollars paid out and the amount of
outstanding claims left at the end of each month.
13
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GENERAL LIABILITIES
General Information
Graph GL-l and Table GL-l provide information on the types of claims filed under the City's
self-insured General Liability for the first quarter of each of the current and past five fiscal years.
Keeping in mind that claim classification standards were changed in Fiscal Year 2001, one sees
that claims involving damage to vehicles remains the single most common type of claim filed
against the City. These types of claims include not only vehicle accidents, but other situations
such as when a vehicle is damaged by falling objects, by potholes or by freshly laid tar. Property
damage, the next most frequent type of liability claim, is usually damage to City property,
general property damage, and utility cable damage.
The number of claims filed against the City for the first quarter of Fiscal Year 2005 is decidedly
improved over previous years. However, looking at Graph GL-3, one sees that the actual
incurred costs are slightly higher this year over last year's claims for the same period.
300
Types of Claims - Period Ended October 31
50
250
1/1 200
E
'iij
U
'5 150
A
E
"
z 100
o
2001
2002
2003
Fiscal Year
.Vehicle Damage
o Fire Department-related
. Personal Injury-related
2004
2005
. Policies/Practices/Contract
o Police-related
. Property Damage-reiated
o Employment-related
. WaterlWaste damage-related
.AII Other
Graph GL-l
15
CITY OF CORPUS CHRISTI
GENERAL LIABILITY CLAIMS TYPES
-~-~ As of October 31 of Each Year
2001 2002 2003 2004 2005
Vehicle DamaQe 24 69 117 137 103
Properly DamaQe-related 148 153 83 69 48
WaterlWaste damaQe-related 17 20 22 9 15
Police-related 19 3 9 11 10
Personallniurv-related 19 14 10 9 5
All Other 2 2 4 3 4
Policies/Practices/Contract 5 12 2 6 2
Employment-related 3 0 1 0 0
Fire Department-related 2 0 0 0 1
Total 239 273 248 244 188
Table GL-l
Claims bv DeDartment
Graph GL-2 charts the claims count for the first quarter of each fiscal year for the various
departments within the City. Table GL-2 provides the same information in tabular form. Claims
against WaterlWastewater, Gas and Police departments remain fairly consistent from year to
year.
Liability Claims Count by Department
Period Ended October 31
50
300
250
al
ii: 200
Ul
E
.;
(j 150
'0
~
.8
E 100
::J
Z
o
FY2001
FY2002
FY2003
FY2004
FY2005
[llFire _ Gas _ Park Maintenance _ Police _ Sanitation III Storm Water 0 Streets _Wastewater .Water _All Others I
Graph GL-2
16
GENERAL LIABILITY CLAIMS COUNT
- BY DEPARTMENT
Period Ended October 31
Deoartment FY2001 FY2002 FY2003 FY2004 FY2005
Police 56 44 45 59 38
Streets 41 62 33 48 19
AI/Other 37 48 35 31 33
Gas 22 15 24 24 26
Water 28 30 33 14 22
Wastewater 23 22 24 13 14
Sanitation 15 26 26 22 20
Fire 4 15 9 13 9
Storm Water 5 6 10 12 3
Park Maintenance 8 5 9 8 6
Total 239 273 248 244 188
Table GL-2
Graph GL-3, shown next, provides the incurred cost by department for claims filed during the
first quarter of each year, The single most significant claim for Fiscal Year 2005 was filed
against Animal Control which appears under the "All Other" category.
$180,000
$160,000
$140,000
$120,000
-.;
.3 $100,000
1
, $80,000
u
.5
$60,000
$40,000
$20,000
$-
. Fire
. Water
o Storm Water
Incurred Costs by Department
Claims Filed, Period Ended October 31
FY2001
FY2002
FY2003
. Sanitation
[] Streets
FY2004
FY2005
. Wastewater
. Park Maintenance
. Police
.Gas
. All Others
Graph GL-3
17
GENERAL LIABILITY INCURRED COSTS
BY DEPARTMENT
Period Ended October 31
Department FY2001 FY2002 FY2003 FY2004 FY2005
Police $ 36,235 $ 9,595 $ 70,350 $ 34,385 $ 4,654
Streets 12,331 3,463 23,050 2,862 2,535
All Other 18,304 9,317 19,440 18,153 60,585
Gas 2,856 8,246 13,508 3,362 4,803
Water 5,292 3,170 9,260 8,598 11,134
Wastewater 22,260 17,260 5,883 4,736 11,904
Sanitation 33,089 2,787 13,016 8,190 3,478
Fire - 4,805 3,650 7,245 681
Storm Water 658 649 5,600 2,530 -
Park Maintenance 373 1,390 2,074 1,928 2,429
Total $ 131,398 $ 60,683 $ 165,830 $ 91,989 $ 102,202
Table GL-3
Dollars paid out by department are included in Graph and Table GL-4.
General Liabilities Dollars Paid
Period Ended October 31
$10,000
$60,000
$50,000
$40,000
e
.. $30,000
<;
c
$20,000
$-
FY2001
FY2002
FY2003
FY2004
FY2005
10 Fire. Gas 0 Park Maintenance. Police. Sanitation. Storm Water. Streets iii Wastewater 0 Water _All Other I
Graph GL-4
18
FISCAL YEAR LIABILITY CLAIMS PAID COSTS
BY DEPARTMENT
Period Ended October 31
Deoartment FY2001 FY2002 FY2003 FY2004 FY2005
Fire $ - $ 4,805 $ - $ 684 $ 422
Gas 1,471 - 10,080 - 2,517
Park Maintenance 373 464 501 728 2,243
Police 13,491 2,875 17,624 17,339 677
Sanitation 339 688 1,858 905 2,978
Storm Water 408 264 3,944 1,915 -
Streets 654 1,453 4,623 1,737 2,535
Wastewater 131 15,160 3,883 118 2,054
Water 859 1,256 5,738 55 3,388
All Other 7,866 2,380 890 4,421 16,484
Total $ 25,593 $ 29,346 $ 49,141 $ 27,901 $ 33,297
Table GL-4
Effect of Claims Maturation
Graph GL-5 charts the amount of money paid during Fiscal 2005 for claims filed in previous
years. As might be expected, there are claims representation for more departments in the money
paid out for Fiscal 2004 claims than for previous years.
$200,000
$180,000
$180,000
$140,000
~ $120,000
.!! $100,000
"0
0 $80,000
$60,000
$40,000
$20,000
$-
Dollars Paid in Current Year for Previous Years' Claims
(As of October 31, 2004)
m=_=m1
._m-t
-+----mr-m
I I
,
I
--- - ----;--
FYlt
FYOG
. Gas
o Streets
FY01 FY02
. Park Maintenance. Police
. Wastewater . Water
FY03 FY04
. Sanitation
.AII Other
. Fire
o Storm Water
Graph GL-6
City Vehicle Accidenls
Table GL-5 documents the number of accidents by city vehicles from month to month for Fiscal
Year 2004 and 2005. "Preventable Accidents" are defined as those events in which the driver
fails to do everything reasonable to avoid or prevent the accident.
19
CITY VEHICLE ACCIDENTS
Fiscal Year 2004 Fiscal Year 2005
Number
Number of Number of Number of Number of of Number of
Month Accidents NCl's* Preventables Accidents NCl's* Preventables
August 39 0 19 36 6 13
September 28 3 9 32 5 11
October 35 0 21 25 8 10
November 22 2 5
December 23 5 9
January 16 1 8
February 28 3 15
March 29 2 16
April 26 4 13
May 23 2 6
June 26 2 14
July 22 3 10
317 27 145 93 19 34
."NCI" = Non-classifiable Incident
Table GL-5
F or the City of Corpus Christi, motor vehicle accidents continue to be one of the leading causes
of high claims costs. Associated costs include automobile damage, personal injury, property
damage and workers' compensation claims. City departments with large fleets are obviously at
higher risk for accidents than those with little or no fleet. Consequently, the Police, Fire, Solid
Waste, Parks and other service departments are hard pressed to lower their number of motor
vehicle accidents.
In a recently published White Paper, examination of root causes of crashes show that "more than
95% of vehicle crashes involve some degree of improper driver behavior." In an effort to
improve driving behavior and reduce motor vehicle accidents, Risk Management has initiated a
focus on a Driving Feedback System. This system directly addresses the need to change driver
behavior and has been implemented in many cities across the state and country resulting in a
reduction in motor vehicle accidents of from 35% to 70%.
A presentation to key administrators of the system is scheduled in the near future to identify
possible uses of the DriveCam Video System, discuss initiation of a pilot program, and identify
funding issues/resolutions.
20
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22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation by the Human Relations Department on the City's ADA Title II transition plan
and also the City's non-discrimination ordinance.
STAFF PRESENTER(S):
Name
1. Leon Bazar
2. Wanese Butler
3.
Title/Position
Director
Analyst
Department
Human Relations
Human Relations
ISSUE:
The City Council is to receive quarterly updates regarding the efforts made under the City's
ADA Title II transition plan and also the City's non-discrimination ordinance.
BACKGROUND:
Please see attached
REQUIRED COUNCIL ACTION:
None at this time.
~~
~ Leon Bazar
Director of Human Relations
Additional Background XX
Exhibits 0
BACKGROUND INFORMATION
Title II Transition Plan Progress
Americans with Disabilities Act (ADA)
The City of Corpus Christi's Title II ADA transition plan consists of accessibility improvement
projects for cross-disabilities through the removal of barriers for access to public programs,
services, and activities. The ongoing Title II transition plan efforts are summarized to date
under the following categories of Public Facilities, Public Programs, Site Development,
Outreach, Citywide Curb Ramps and Individual Curb Ramp Requests:
I. Public Facilities
The removal of barriers for accessibility within 26 City public facilities continues.
Zimmerman Construction was awarded the contract for the construction phase in April
2004. For December 2004, the project manager reported that the construction projects
are 93 percent complete.
These 26 construction project sites include City Hall, Cole Park Amphitheater, Galvan
House, Grande Grossman House, Greenwood Ball Field Restrooms, Williams Drive
Health Clinic, HEB Tennis Facility Restrooms, Heritage Park Carriage House, Central
Library, Merriman Boby's House, Oso Golf Course, Oveal Williams Senior Center, Park
Operations Building #4, People Street T-Head Restrooms, Sidbury House, Corpus
Christi North Beach Restrooms, Fire Station #5, Fire Station #13, Street/Solid Waste
Services Facility, and the West Guth Pool Restrooms.
II. Programs
A. City Libraries
As an alternate to book retrieval through some narrow book aisles, customers
who use mobility equipment such as wheelchairs and scooters may be assisted
at the newly remodeled accessible service desks at the Parkdale and Northwest
Libraries.
B. Museum of Natural Science and History
Production of the new audio tour of the Museum is now complete. This new
audio tour will provide accessible devices for persons with sight impairments,
With prerecorded devices, persons with sight impairments may participate and
experience the Museum's exhibits.
C. Closed Captioning Services
The City continues to improve in the area of accessible communication of its
public services, activities and programs. The City continues to provide closed
captioning of recorded communications for persons with hearing impairments,
such as the monthly Cityscape information for persons with hearing
impairments.
Programs Continued
D. Park and Recreation
Recreation Centers has been in preparation to provide American Sign
Language classes for all ages at the various City centers, beginning with the
Lindale Recreation Center.
E. Customer Service Areas
This is an ongoing effort to provide accessible customer service. Staff
continues to provide technical assistance to City departments in addressing
customer's needs, requests for accommodations, and policy and procedure
issues for accessibility. Human Relations has worked on accessibility issues
for Solid Waste Services, Engineering Services, General Services, Park and
Recreation, Senior Community Services, and the Library System.
III. Site Development
Training on accessibility standards for compliance is key in working with developers, in
reviewing plans and in providing other ADA technical assistance to the community
regarding construction and renovation projects in making a more accessible Corpus
Christi. Since the adoption of the Title II transition plan, the City has rotated four
employees into the full academy at the Texas Department of Licensing and Regulation
for training on Texas Accessibility Standards. This staff works in the areas of plan
reviews, accessibility compliance and building inspections.
IV. Outreach
This is an area for the promotion of accessibility awareness. In a continuing effort,
monthly training classes for City employees are conducted to increase awareness
and/or provide a refresher course in serving customers with disabilities. Since the
transition plan adoption, the City has provided a professional training conference on
ADA compliance issues for private and public entities. City staff representing various
departments also attended other professional ADA compliance training, sponsored by
the City's Committee for Persons with Disabilities, through workshops for those
working with or interested in arts/culture, business/private entities and public entities.
V. Citywide Curb Ramps
The recommended citywide curb ramp projects are within approximately 377 miles.
These curb ramp projects are to provide accessible paths of travel along City arterial
and collector streets. These transition plan curb ramps are being implemented as part
of the City's Capital Improvement Project budget, subject to voter-approved bonds
beginning with the 2004 Bond Program.
VI. Individual Curb Ramp Requests
Citizens may submit requests for more immediate curb ramps where there is a
demonstrated need. Several individual curb ramp requests at various sites throughout
the community are currently underway through a $224,310 Engineering contract with
Nuway International, Inc. This contract also includes pending curb ramp projects
within the Memorial Hospital area, Spohn Hospital area, Poenish Park, Ropes Park,
Tarlton between Port & Ayers, and additional work in the Mary Grett School area. The
existing contract work is Phase 1 of 3. Phase 2 scheduled to commence in the spring
of 2005.
Non-Discrimination Ordinance
Summary on Complaints Based on Disability
By Category
A. Investigations of all complaints received regarding discrimination by a place of Public
Accommodations (public businesses). There were!! complaints filed through
December 31, 2004:
1. Restaurants
Four (4) complaints were received with allegations of discrimination at
three different establishments:
a. Lack of accessible parking designation including signage. This has
been resolved.
b. Lack of accessible parking, no accessible restrooms, no accessible
entrance, no accessible entrance ramp and the entrance door is
inaccessible.
c. Lack of accessible entrance ramp.
d. Lack of accessible parking, ramp, sidewalk and door entrance.
Restaurant
2. Retail Shop
A complaint against a retail shop alleging that the restroom door was
locked and the key was unavailable. The shop makes the key available
to all customers.
3. Medical Center
A complaint was received alleging that the entrance ramp and
sidewalk to the building were inaccessible. The repairs have been
completed.
4. Non-Profit - Sports Tournament
A complaint was received alleging harassment by an umpire position
toward a person having a disability. The umpire association handled the
disciplinary matter.
5. Shopping Center
A complaint was received alleging that one entrance door was
inaccessible by being to heavy/hard to open. The center checked all
entrance doors and adjusted the tension on two of its doors.
B. Effect on Other Governmental Entities - There has been ~ complainants during this
reporting period that were referred to the appropriate agency/entity:
1. A complaint alleging inaccessible service in that the one accessibility line
had been as eliminated for persons with disabilities.
2. A complainant with a classroom issue under the Individuals with Disabilities
Education Act (IDEA).
3. A complainant raised a lack of accessibility for the hearing impairments
during the modification/renovations of an auditorium.
C. Investigation of all complaints received excluding People with Disabilities from
participation in, be denied the benefits of, or otherwise be subjected to discrimination
under any program activity operated or contracted by the City of Corpus Christi. There
have been 108 complaints to date:
1. Automated Trash Carts
Citizens who are unable to take the trash cart to the curb for
automated trash pick up service may request a reasonable
accommodation for "back door" service. Since the adoption of this
ordinance, the City is providing 101 accommodations through an
alternate trash pick up service for citizens with disabilities.
2. Convention Center
a. No accessible ramp leading to the platform at a graduation
ceremony. A lift was available. The school district did not request
a ramp due to safety issues and viewing area.
b. Inaccessible balcony in the auditorium. Reasonable
accommodations may be made in other seating areas.
c. Inaccessible van parking spaces. Restriping of the parking lot is
anticipated through an Engineering Services project.
d. Lack of accessible seating for a concert event. The customer
was moved to another section with ticket cost adjustment in a
refu nd.
e. Lack of accessible seating at ringside in comparison to another
arena event. Although the seating layout may change for certain
events, this event's seating manifest was expanded to provide
more ringside seating, including accessible seats
3. McGee Beach - No accessible ramp onto the beach area. Access onto
McGee Beach is a pending through the Seawall Project. Engineering
Services and the contractor are exploring possible options for interim
access.
4. Memorial Coliseum
Inaccessible seating during Arena Football games.
ADA specifications provided for crews setting up non-permanent seats.
5. Streets - City Intersections
Curb ramp improvements were requested in the:
a. Windsor Park neighborhood between Airline and Staples.
Pending individual curb ramp project work.
b. Mary Grett School area from schools to bus stop. The path of
travel has been repaired with new curb ramp installations and
sidewalk repairs.
6. Parking Fee Exempt
Underground parking at the Convention Center and also the International
Airport (short/long term parking).
Other Accessibility/Awareness Efforts To Date
The City's Human Relations Commission and Committee for Persons with Disabilities
(CFPWD) attended and participated in the Human Relations' annual conferences on equal
employment, ADA compliance and fair housing issues. Members of the CFPWD also
participated on the planning committee of community representatives for Park and
Recreation's Inclusion Awareness Month activities. Additionally, the CFPWD also
sponsored the Annual Barbara Jordan Media Awards and the "Access for All" public training
workshops on:
A. Cultural Access - Training and technical assistance to cultural arts and recreational
organizations' staff and volunteers;
B. ADA Title II Compliance - Training for public entities; and
C. ADA Title III Compliance. - Training for private entities, non-profits and businesses.
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23
AGENDA MEMORANDUM
Date: January 25, 2005
SUBJECT: Appropriating funds from the estate of William T. Neyland and renaming the
Parkdale Branch Library to the William T. Neyland Public Library
AGENDA ITEMS:
A. Ordinance appropriating an amount up to $600,000 of the estimated cash distribution to be
received from the William T. Neyland estate into the Library CIP Fund no. 3210 for
improvements to the Parkdale Branch Library; amending FY 2003-2004 Capital Budget adopted
by Ordinance no. 025647 to increase appropriations by up to $600,000; and declaring an
emergency.
B. Resolution authorizing the renaming of the Parkdale Branch Public Library to the William T.
Neyland Public Library upon completion of improvements to the facility, upon recommendation
of the Library Board.
ISSUE:
The library was recently notified that it was named as a beneficiary in the Anita T. Neyland
Testamentary Trust which was established by the Last Will and Testament of William T.
Neyland. Mr. Neyland directed that 25% of the Trust be distributed to the library upon the death
of his wife. Mrs. Neyland passed away in October. The estimated amount to be distributed to
the library is between $500,000 to $600,000.
The Library Board is recommending that the funds be used to improve the Parkdale Branch
Library. Improvements include replacing the carpet and ceiling, upgrading mechanical and
lighting systems and providing ADA access to the second floor (installing an elevator and
constructing an emergency exit). Currently the 2,000 sq. ft. second floor is not used for public
services.
The Board further recommends that the branch be renamed for Mr. Neyland because of the
historic nature of the gift and to continue the standard set earlier by the $1.84 million gift from
Janet and Ed Harte which established the Janet F. Harte Public Library.
REQUIRED COUNCIL ACTION:
Appropriation offunds requires City Council action. City Council policy states that "Final
decisions regarding the renaming of City facilities shall be the decision of the City Council."
SUBJECT: Appropriating funds from the estate of Wi Iii am T. Neyland and renaming the Parkdale Branch
Library to the William T. Neyland Public Library
Page Two
RECOMMENDATION:
The Library Board recommends improvements to the Parkdale Branch Library and the renaming
of Park dale Branch Library.
-t/J- ~
Herb Canales
Director of Libraries
ORDINANCE
APPROPRIATING AN AMOUNT UP TO $600,000 OF THE ESTIMATED
CASH DISTRIBUTION TO BE RECEIVED FROM THE WILLIAM T.
NEYLAND ESTATE INTO THE LIBRARY CIP FUND NO. 3210 FOR
IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY;
AMENDING FY 2003-2004 CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 025647 TO INCREASE APPROPRIATIONS BY UP
TO $600,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That an amount up to $600,000 of the estimated cash distribution to be
received from the William 1. Neyland Estate is appropriated into the Library CIP Fund
No. 3210 for improvements to the Parkdale Branch Library.
SECTION 2. That the FY 2003-2004 Capital Budget adopted by Ordinance No. 025647
is amended to increase appropriations by up to $600,000.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 25th day of January, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
~r.~~h~~~Ja"",~, 200S
~a Ocanas ~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
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: Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
RESOLUTION
AUTHORIZING THE RENAMING OF THE PARKDALE BRANCH
PUBLIC LIBRARY TO THE WILLIAM T. NEYLAND PUBLIC LIBRARY
UPON COMPLETION OF IMPROVEMENTS TO THE FACILITY, UPON
RECOMMENDATION BY THE LIBRARY BOARD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the renaming of the Parkdale Branch Public Library to the William T.
Neyland Public Library is authorized upon completion of the improvements to the
facility, upon recommendation of the Library Board.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
~~a~~
Assistant City Attorney
for City Attorney
24
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: January 25, 2005
AGENDA ITEM:
A) Motion authorizing the City Manager or his designee to purchase ORACLE software from
DELL MARKETING, L.P. ot Round Rock, TX in the amount of $313,296, using the City's line of
credit, to replace the current proprietary HP UX server environment with Intel Unux server
environment. The Oracle software will be used to cluster the servers and automate some
functions performed by the database administrators. Dell is an approved Texas Department of
Information Resources vendor. Funds have been budgeted for the anticipated FY 2004-2005
lease purchase payments and will be requested for all subsequent budget years.
B) Motion authorizing the City Manager or his designee to purchase implementation services
from MYTHICS of Virginia Beach, VA in the amount of $209.117, using the City's line of credit,
to migrate the existing applications and databases from the current proprietary HP UX server
environment to an open Intel Unux environment. MYTHICS is an approved Texas Department of
Infonmation Resources vendor. Funds have been budgeted for the anticipated FY 2004-2005
lease purchase payments and will be requested for all subsequent budget years.
ISSUE: The City is currently using three servers operating on the proprietary HP UNIX system for
Financial Management. Human Resources and Payroll, Fleet Management, Maintenance
Management and the Geographical Information Systems. These servers are expensive ($150,000
each) and have a life span of three years. One server must be replaced during FY 2004-2005 and
the other two during FY 2005-2006. All applications use Oracle as data base.
Staff investigated different options for replacement of the existing servers and found that Intel
servers operating on an open Unux system have become an Industry Standard. This type of servers
have been in operation for a few years, are inexpensive compared to HP UNIX servers and can be
purchased from a number of manufacturers. In addition, Oracle I Dell developed a clustering system
that is less prone to failure. When one server fails other servers seamlessly take over its operation.
The City received favorable quotes from Dell in the amount of $313,296 to provide the necessary
software and from MYTHICS in the amount of $209, 117 to migrate the current applications and data
bases from HP UNIX to a Unux clustered environment. Additionally, servers in the amount of
$160,780 will be leased from Dell using the current supply agreement.
In summary, the proposed system is less expensive to own and operate in the long run; it is less
prone to failure; and is expandable. It will also allow us to add more applications without adding
additional data base personnel.
-- Cost Comparison
Current Year Years 2 - 3 Years 4 - 6 Years 7 - 9 TOTAL
Current System
Servers $63,000 $387,000 $450,000 $450.000 $1,350,000
_"Total $63,000 $387,000 $450,000 $450,000 $1,350,000
-- ~-
Proposed System
Servers $17,800 $143,000 $161,000 $161,000 $482,800
Software $20,900 $125,300 $167,096 $0 $313,296
Sottware and impiementation $13,900 $83,600 $111,617 $0 $209,117
Total $52,600 $351,900 $439,713 $161,000 $1,005,213
......-
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000.
PREVIOUS COUNCIL ACTION:
City Council authorized the purchase of Oracle Database licenses from MYTHICS on November 16,
2005.
City Council authorized a maintenance agreement with Oracle, on October 22, 2002.
City Council authorized a supply agreement for computers with Dell on September 24, 2002.
FUNDING:
Amount Budgeted
Source of Funds
$52,600
5210-40470-530230
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
C::>~.~~
Ogilvie F. Gericke, P:E.
Director of MIS
Attachments:
Exhibit A - Dell Quote # 198892199
Exhibit B - MYTH ICS Quote # 1182005CC
EXHIBIT A
DELL
QUOTA TlON
QUOTE #:
Customer #:
Contract #:
198892199
7920064
70137
Date: 1/20/05 11 :02:00 AM
Quote Date: 1/20/05
Customer Name: CITY OF CORPUS CHRISTI
TOTAL QUOTE AMOUNT
II
--.--.--...-.--...--
Product Subtotal:
Tax:
Shipping & Handling:
. Shipping Method:
$313,296.00 '
$0.00
$0.00
Ground
Total Number of System Groups:
o
Product ~
RAe'~ PrOc:: 375K+ to fM List Lie and SUPP(AlH48S77)
RAe 1 "yr"uP<iaieSsUb-Pioc375K+ to -1M u"StIic: and S'upp (A0148576)
RAe iyi-prOd SUPPprOC"37SK+to 1M Ust Uc and 'SUPP(A0148575)
OBEEpetp'proe"375K+-to1 At" l.ist Lie and Supp' (A0148622)
06 EEl yr l./PdslAiipr0ci375K+ to 1M List Lical'1,fsupp (A0148521)
DB EE" 1 yr prod supp -Pioc 375K+ to 1 M List Llc and $upp' (A0148620)
DiagnoStics-PaCk"Perp Lie prOC--375K+ to 1M i.;Si L.ic-aMdSUPP(A0148546)
- Diagnostfcs-'Packfv;:-iiPdsub"proe"3i5K+to 1M Ust l.lc arid"supp (ACJ148544)
Diagnostics PackfVrPfOd SuppP,OC'375K.."to1M LIstUC aOdSupp"CAO-148534)
Ch.8nge ma.:.agement"pa-Cj(perp- Lie ProC3-i6K+ t01M-Usfl.iC- and supp (A0148603)
Ch~~~-~~~_~~:~ac~-~_Y~_~pd~Ub:-~OC-3!~_~_~()_1~_-.ijsi~j~ ancf~u~:(A(j,1-~2)
Change managemerit PaCk 1 Yr PrOd Supp proe 375K+ to 1 M List Uc -aild Supp (A0148462)
TUliing'Pack-Perp'L;c proe 3751<+ to'1M LiSt Lie ancf sup.; (A0148509) -
Tun-lng"Pacld' Y:' Tjj)dsu';-p,.oc '375K+ to -1'M' Ust1...iC'aiiKt Supp (A0148508)
Tunlilg'paci('1-Yr PrOd Supp -p,-oc375K+ tci1ii-UsfUCIlOdSuPP'CAD1485(7)
Unit Price
$12,000.00
$1,800.00
$840.00
$24;000.00
$3~500.00 .
$1;&SO.00
${SOO.oo
$270.00
$125.00
. $1;800.00
$270.00-
$126.00
$1 ;800.00 .
$270.00
$126.00~
Total
$144.000.00
$21.600:00
$10:080.00
$48;000.00 .
$7,200.00
$3;350.00
$21,600.00
$3,240.00
$1,512.00
$21~500.oo
$3.240:00
$1.512.00
$21,600.00
$3,240.00
$1,512.00.
SALES REP:
Email Address:
Holton Hawkins
holton_hawkins@dell.com
PHONE:
Phone Ext:
1800-981-3355
36873
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
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25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Adion Date: 01/25/2005
AGENDA ITEM:
Consideration of a request by petitioners pursuant the City Charter, Article I, Section 4, Initiative and
Referendwn, requesting the City Council enact an ordinance which would mandate spaying and neutering of dogs
and cats.
ISSUE:
A proposed ordinance initiative to mandate spaying and neutering of all dogs and cats unless the owner has
purchased an Intact or Breeder pennit, or other exception applies. The initiative ordinance also provides for
permits and penalties.
REQUIRED COUNOL ACfION:
Approve or deny request, or take no action.
PREVIOUS COUNOL ACfION:
Presentation of initiative request on December 21, 2004, and forwarded to the Animal Control Advisory
Committee for a recommendation.
CONCLUSION AND RECOMMENDATION:
The Animal Control Advisory Committee recommended that the Council take no action at this time pending the
re-evaluation of the current ordinances in one year.
Attachments:
~~7t:4s? . fl11'1f
Director of Public Health
(.4.<<;'"5- ,g... CA.~ ')
C:\DOCUME-l \User\LOCAI..S-l\Temp\New initiative. doc
BACKGROUND INFORMATION
A new ordinance was proposed by initiative, which was submitted by Ms. Sherry Dunlap, on December 9, 2004,
for consideration by Council. The proposed ordinance initiative would mandate spaying and neutering of all dogs
and cats unless the owner has purchased an Intact or Breeder pennit, or other exception applies. Council
requested that the initiative be evaluated by the Animal Control Advisory Connnitlee and a reconnnendation made
to Council for consideration.
C,IDOCUMF.-I\User\LOCALS--I\T_INew initiative.doc
26
CITY COUNCil
AGENDA MEMORANDUM
DATE: January 25, 2005
SUBJECT: Traffic Speed Zone on S. Alameda Street
Between Texan Trail and Ropes Street
AGENDA ITEM: Ordinance amending the Code of Ordinances Section 53-255 -
Schedule VI, Decrease of State Law Maximum Speed, by eliminating the Hospital Speed
Zone on Alameda Street and establishing a 20 MPH School Speed Zone on Alameda
Street and providing for penalties; providing for severance; and providing for publication.
ISSUE: By definition in the City's Transportation Plan, the primary function of Alameda
Street as an arterial street is the efficient movement of vehicular traffic though the
corridor. The limitation of speed along the arterial during the 8:00 a.m. to 5:00 p.m. time
period, though enhancing the local access for businesses, interferes with the primary
function of the arterial and encourages through traffic for the corridor to use alternative
routes including the parallel collector street, Santa Fe Street.
REQUIRED COUNCIL ACTION: Traffic zones on any public street or alley must be
approved by the City Council.
RECOMMENDATION: Approval of the proposed ordinance as presented.
r
14~ ~-'~/tk/ !/~s-
,~ R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
Exhibit A - Background Information
Exhibit B - Site Map
Exhibit C - PowerPoint Presentation
H:IHOMEIL YNDASIGENITraffic EnglHospital Zone on AlamedalMemo.DOC
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
Staff's analysis of the traffic conditions along Alameda Street between Ropes and Texan
Trail have included interviews with hospital security staff and nearby businesses,
detailed traffic counts of automobiles and pedestrians, speed observations, and
examination of related traffic accident experience.
Speed Setting Criteria: Traffic Engineering has three objectives for implementation of
speed zones: (1) improved traveler safety, (2) improved traffic flow and (3) little or no
impact on total delay to vehicles. using the roadway. Based on the observed traffic
conditions and ordinary occurrence of these conditions, Staff is confident that the
proposed changes to the speed zones on Alameda Street will satisfy these requisite
conditions.
Traffic Demand: Alameda Street is designated as an arterial roadway in the Corpus
Christi Transportation Plan, and currently carries approximately 19,000 vehicles on an
average weekday between Texan Trail and Ropes Street, with 63% of the traffic
traveling this street segment between 8:00 a.m. and 5:00 p.m. This traffic demand on
this section of Alameda has exhibited very little growth over the last 5 years.
A parallel collector street, Santa Fe Street, has grown in traffic, between Ayers Street
and Doddridge Street, from about 9,800 vehicles per day in 1999 to about 12,000
vehicles per day in 2004, an average of over 4% increase per year over the last 5 years.
This collector street paralleling Alameda has comparatively few traffic signals and no
school zones, and is provided with four travel lanes but no center turn lane between
Ayers Street and Doddridge Street and its adjacent development is predominantly
residential. Thus, Santa Fe, with its fewer traffic signals, scarcity of commercial
driveways, and lack of school zones, provides similar throughput capacity to Alameda,
often allowing less delay, and is serving as an alternative arterial street to Alameda
between Ayers and Doddridge.
Impact on Access to Development: The current reduced traffic speed limit on
Alameda has a tendency to "calm" traffic activity during the normal operations of the
businesses between Texan Trail and Ropes, The reduced noise of rushing traffic and
less stressful driveway entry and exit are also benefits of the reduced speed limit.
Turning traffic into and out of over 40 driveways in this street segment is better able to
utilize gaps in the slower traffic. Eliminating the speed limit restriction would create a
condition along Alameda in which turning traffic into driveways has a significant speed
reduction impact on through traffic, raising the potential for rear-end collisions by errant
drivers.
H:IHOMEIL YNDAS\GENITraffic Eng\Hospital Zone on Alameda\Background.DOC
School Zone within Hospital Zone: A complicating issue of the current hospital speed
zone is that a portion of that same zone, from Texas Trail to 480 feet south of Rossiter
Street, is also designated as a school speed zone. The school speed restriction includes
7:15 a.m. to 8:15 a.m. and 3:00 to 4:00 p.m., while the hospital speed limit restriction
extends from 8:00 a.m. to 5:00 p.m. Though somewhat complex in its arrangement, this
overlaping of speed restrictions appears to be mostly understood by the motoring public.
Delays to Traffic: With about 19,000 vehicles traveling this section of Alameda during
a typical week day and about 63% of the traffic occurring during the 8:00 a.m. to 5:00
p.m. time period, it is estimated that about 12,000 vehicles would experience some or all
of the speed reduction. The net travel delay per vehicle of reducing average speeds
from 35 MPH down to 20 MPH over the Yo mile length of the speed reduction zone would
be about 39 seconds per vehicle. This per vehicle delay translates into about 120 hours
of total delay to through traffic each weekday.
Accident History and Safety: There has been an average of eight collisions/year over
the past 3 years along this segment of Alameda, with a predominant proportion of the
accidents related to the driveway for the apartments across from St. Patrick Church,
One collision with a pedestrian was reported on 2004 in this street segment.
The awareness by motorists of pedestrians crossing the street and other interference
tends to be heightened at slower speeds. Stopping distance for motorists when breaking
for a pedestrian or turning vehicle is reduced.
Pedestrian Crossings: Traffic observations during a typical week, including Saturday
and Sunday, counted 753 crossings of Alameda Street between Texan Trail and Ropes,
not including the signalized intersection at Texan Trail. This included both crossings at
intersections and away from intersections. The pedestrians generally consist of the
following groups:
. Bus Passengers - Four bus stops in each direction serve this segment of
Alameda Street. About 20% of the crossing pedestrians were observed to be
directly related to the bus stops.
. Employees, Patients and Visitors - Some of the businesses along the east side
of Alameda are related to services offered at the hospital and clinic businesses
along the west side of Alameda. However, discussions with hospital security staff
indicated that not very many people walk between the facilities on either side of
the street for complementary of coordinated services. Additionally, some
displaced parking activity and pedestrian crossings of Alameda may be occurring
because of the presence of available parking on one side of the street versus the
other.
. Walking from Nearby Residential Areas - Employees and visitors that live
within walking distance of the businesses along this section of Alameda may need
to cross Alameda Street during their trip.
Slower traffic operations makes it easier for a pedestrian to identify gaps in traffic.
However, reducing traffic speeds also tends to make cars follow closer to each other
reducing the size of the gaps.
H:IHOMEIL YNDASIGENITraffic EnglHospital Zone on AlamedalBackground.DOC
Recommended Treatment:
. Eliminate the Hospital Speed Zone
. Keep School Zone as is.
. Enhance the safety of existing crosswalks, realigning them as necessary for ADA
. Add new crosswalks where needed to control random crossings
The work is to be conducted in phases:
Phase 1 (completed):
As a quick-response measure to enhance the safety of pedestrian crossings of Alameda,
the following work items have already been completed:
1. Enhance the safety of two existing crosswalks, at Sinclair Street and across from
the main entry to Driscoll Children's Hospital, by creating a pedestrian refuge in
the median so that pedestrians can cross one direction of traffic at a time without
worrying about the continuous left turn movement in the median. This was
accomplished by painting solid yellow the full width of the median for a certain
distance either side of the crosswalk to divert the left turning traffic away from the
crosswalks.
2. In creating the pedestrian refuge areas at the two existing crosswalks, traffic lanes
were shifted, using extra pavement width in this area, creating a horizontal
diversion of the traffic. This treatment is similar to a traffic calming measure called
a chicane, which is commonly used as traffic calming treatment on residential
streets. The design of the shifted lanes encourages traffic to travel no more than
35 miles per hour. Travel speeds in this shifted section after final implementation
and not under the speed restriction were measured to average about 33 MPH,
with an 85th percentile speed of 38 MPH.
Phase 2:
1. Eliminate the Hospital Zone 20 MPH speed zone. Remove the HOSPITAL ZONE
sign pedestal and flashing beacon from northbound Alameda north of Ropes
Street, and replace with a HOSPITAL warning sign (W19-7). Add a HOPSITAL
warning sign (W19-7) on southbound Alameda approximately 300 feet south of
Texas Trail.
2. Keep School Zone as is. Replace HOSPITAL ZONE sign on southbound
Alameda south of Texan Trail with appropriate SCHOOL ZONE sign.
3. Install a white edge line stripe at the edge of the outside travel lanes northbound
and southbound, designating a 10-foot wide travel lane to provide strong
channelization which tends to calm traffic.
4. Provide a new marked crosswalk across Alameda and ADA accessible landings
along the south side of the Rossiter Street intersection and eliminate the existing
nearby crossing at the middle of the driveway to the apartments. Coordinate with
on-going ADA improvements on Alameda.
H:IHOME\L YNDAS\GENITraffic Eng\Hospital Zone on AlamedalBackground.DOC
Additional Treatments to Enhance Pedestrian Crossinas:
As deemed needed to enhance the attractiveness and safety of the marked pedestrian
crossings, the following treatments may be installed:
1. Enhance the existing crosswalk at Sinclair Street by creating a raised pedestrian
refuge in the Alameda median using pre-fabricated curbs and flexible panel
delineators. Install push-button activated pedestrian crossing flashers.
2. Enhance the relocated crosswalk at Rossiter Street by creating a raised
pedestrian refuge in the Alameda median using pre-fabricated curbs and flexible
panel delineators. Install push-button activated pedestrian crossing flashers.
Prior Council Action: Council previously approved the existing traffic speed limits for
Alameda Street in June 1997 with revisions to the ordinance in October 1999.
Review by Transportation Advisory Committee: The Transportation Advisory
Committee reviewed staff recommendations at a posted public hearing on August 23,
2004. They agreed to the enhancements to the pedestrian crossings to create refuge
areas, but disagreed with elimination of the 20 MPH "hospital" speed reduction zone.
Additionally, the TAC requested that after the recommended traffic channelization was
implemented, an evaluation be conducted on the resulting speeds of traffic under both
the speed restriction and without restriction (after 5:00 p.m.) to see if further treatments
beyond striping and signing need to be taken in order to enhance the safety of the
pedestrian crossings and to assess whether the 20 MPH speed reduction should be
eliminated or modified. At the monthly meeting with the TAC on Monday, January 24,
2005 they will hear an update presentation on the requested information. Council will be
advised on Tuesday January 25, 2005 of the TAC recommendation regarding the
elimination of the Hospital Zone.
*******
H:IHOMEIL YNDASIGENITraffic EnglHospital Zone on AlamedalBackground.DOC
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EXHIBIT "B"
- SITE PlAN -
SUBJECT: lOCATION MAP
AlAMADA HOSPITAL SPEED ZONE
Traffic Eng,ineering DiY.
Engineering Services Dept.
ORDINANCE
AMENDING THE CODE OF ORDINANCES SECTION 53-255, SCHEDULE VI,
DECREASE OF STATE LAW MAXIMUM SPEED, BY ELIMINATING THE
HOSPITAL SPEED ZONE ON ALAMEDA STREET AND ESTABLISHING A 20-
M.P.H. SCHOOL SPEED ZONE ON ALAMEDA STREET; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Section 53-255, Schedule VI, Decrease of state law maximum speed,
by eliminating the hospital speed zone on Alameda Street and establishing a 20
mph school speed zone on Alameda Street.
CHAPTER 53 TRAFFIC
*****
ARTICLE VIII. SCHEDULES
11 11 11 * 11
Schedule 53-255. Schedule VI, Decrease of state law maximum speed.
Alameda Street:
From a point 100 feet south of Texan Trail, to a point approximately G25 foot
noFlt:l af Ra[3es Drive 480 feet south of Rossiter Street -20 mph Between tho
hours of 8:00 a.m. and 5:99 ~.m., when flashers ar-o o[3er-atiRg desigRatiRfj such
s[3eeel when school speed zone liohts are f1ashino.
*****
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by City Charter of the City of Corpus Christi.
H:ILEG-D IR IJoseph IOrd- Trf- Almda.doc
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
H:\LEG-DIR \Joseph IOrd- Trf-Almda.doc
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2005, by the following vote
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
day of
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved ,i.t"",-o 2-(/
, 2005
By:
~Ch/
Jose Harney (j
Assistant City Attorney
For City Attorney
H:ILEG-DIR \Joseph IOrd- Trf-AImda.doc
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27
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: N/A
CONCLUSION AND RECOMMENDATION: Approval of the Ordinances
os~~ ~ ftA-
Assistant City Manager
H:\LEG~DIR\Lisa\0220\Jan 18 200S agenda rc public access ordinances v 2.doc
~_u_~_...._ ...___u__._..
BACKGROUND INFORMATION
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,
with 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 1 0 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 criminal
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 1 O. 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 written 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.
J-I:\LEG-OIR\Lisa\0220Van 182005 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 '....ork with nCC8SS user groups to develop rules and regubtions which are not
in cenflict with the terms of the fr:mchise ngreement.
(3) To review tapes at request of the public access user for violations of Citv 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 programrning.
(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 182005 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.
(9) To cortify aocoss usor councils, and reporting suoh cortification to tho oity
sooretary.
(1 0) To ostablish rulos and rogulations for UE:O of public acooss ohannols until such
timo as a public accoss usor oouncil has boon cortifiod.
(11 ) To approvo tho rulos and rogulations of cortifiod accoss usor councils for UE:O of
accoss ohannels.
(12) To resolve disputos conoorning program oontont, allocation of aoooss funding,
ohannel spaoo, ohannol timo, and tho uso of public aocoss oquipmont and faoilitios.
(1<1) To coordinate accoss activities of aoooss 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. Aooess usor counoils. Repealed.
"(a) Ono (1) aocoss usor oouncil may bo ostablishod for govornmontal ohannol
aoooss, public highor oduoational channol accoss, other publio education ohannel
aoooss, and eaoh publio aoooss ohannel, respoctively, by application to the cable
communioations commission ohairperson and tho city secretary and cortifioation by tho
cable oommunioations oommission. Upon oertifioation, an aoooss user oounoil shall
have the following dutios and responsibilities:
(1) To establish guidelinos, rules and regulations for the use of applicable accoss
channel!>, subjeot to approval by the cable comrnunications commission.
(2) To ooordinate Llllocation of ohannel time and channel spaoe for programming
produood by users.
(3) To ooordinate training of individual Llocess users in tolevision produotion methods
and teohniques.
(1) To report to the cLlble cornmunication!> comrnis!>ion on tho utilization of Llccess
channel spaoe and accoss channol programming.
(5) To promoto public ::lwaronoss, use, 3nd viO'.vorehip of 3Ccoes television
programming Lind aotively seek addition::ll momborship frorn among individuals or
groups in the ::loooes u!>or counoil's area of intorest.
(6) To ::ldmini!>tor guidolines, rulos ::lnd rogul::ltions for uso of tho Llppropri3to 30COSS
ef1aflflels.,
JAN 182005 CHAPTER 2 ORDINANCE AMDDOC
3
(7) To review program content to ensure compliance with established laws, rulee
and regulations.
fa) To establish its own bylaws concerning organization :md decision making within
the access user council. /'. copy of such bylaws shall be wbmitted with the access user
council's application for certification. Changes to such bylaws shall be filed with the
chairman of the cable communications commission and the city secretary within thirty
(30) days after any change occurs.
(b) Membership on the 3ccess user councils may be composed of 3ny individuals
who 3re residents of Corpus Christi as well 3S represent3tives of '/3rious community,
public interest or neighborhood groups which are located in Corpus Christi. Membership
may also include, as appropriate, repreE:Ont3tives of: (i) city dep3rtments; (ii)
governmental entities; (iii) public institutions of higher learning; (iv) public indopendent
school districts; or (v) religious organiz::ltions, 311 as more particularly described in
subsection (c). All meetings of 3ccess user councils shall be publicly posted on tho
public notices bulletin board of city hall and filod with the city secrct3ry. Furthormore, 311
moetings of access ueer councils will be open to the public.
(c) The access uwr councils should include, but not be limited to, the f-ollo'Ning:
(1) Governmental access council. Membership m::lY include interested city
department heads, or their designated representatives, 3nd rcpresen13tives of any
governmental entity whose bound3ries lie 'Nithin the city limite.
(2) Higher education31 3ccess council. Membership m3Y include representatives of
::III public institutions of higher learning conducting classes within the city limits.
(3) Other education31 access council. Membership m3Y include represent3tives of all
public independent school districts located in whole or in part within the city limits.
(1) Reserved.
(5) Public access council. Membership may include any individuals who are
residents of Corpus Christi as well as representatives of community, public interest, or
neighborhood groups which me located in Corpus Christi. Now..ithstanding :my other
pro'/ision of this section, represen13tives of franchised cable operators may be members
of the public access council.
(d) Access user councils 3re organized sep3ratoly and independently from tho city
aR4-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 182005 CHAPTER 2 ORDINANCE AMDDec
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 AMDDOC
4
5
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colrnenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2005 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
day of
,2005.
Samuel L. Neal, Jr.
Mayor
Arrnando Chapa
City Secretary
APPROVED: J.~. I~
i~~
Lisa Aguilar .
Assistant City Attorney
for City Attorney
,2005
Jan 182005 Chapter 2 ordinance amdDOC
1
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 I RESPONSIBILITIES I PROCESS
Public access users: Individuals produce programrning 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 times lot lottery. These are called series users.
. For random placement of nonrecurring flho'll (Le., ::I chow th::lt ic not regul3rly
produced), Ufler[; flubmit tapefl, '",hich 3re incorted in aV::Iil::lble timefllotc by the P.^,UG.
Thece are c::lllod Occaflion::ll UflOr[;.
. Public accocc ucer group (P/\UG): Ucerfl organizo themsolvefl ::Iccording to by
13wc, elocting Llmong themflelvefl officerc and a bO::lrd of directOr[;.
. The P^UG conductfl Public access users must participate in a bi-annual public
access timeslot lottery for each public Llccecs channel according to the rules and
procedures,-, and lIces 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 1 0 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 P/\UG recoives and schodulos progr::lmming cubmitted by occ::lcion::ll ucors.
Jan 2005 Rulesupdate.DOC
2
. The Pl\UG collects :md mokcs cwailoble coble ope rotors the schedules ond
topes for eoch channel.
The P,^.UG administers the rules ond procedures.; uscrs may appeal decisions of
the PAUG board to the cable commission and, after that, to city council.
. The p/\UG may require series users to pay nominal roes to offset minor
operationol expenses. The amount of fees will be voted on by users at the Spring time
slot lottery.
There m3Y be 3 sepor3te Pl\UG for e3ch public access ch3nnel.
Cable operators: Franchised cable operators eaffi provide plug-and-play of public
access programming according to the lotterv schedule~ provided by the Pl\UG.
Cable communications commission: The cable communications commission mediates
any disputes brought to it by the Pl\UG. reviews tapes for violations at the request of
the public access user.
RULES AND PROCEDURES FOR PUBLIC ACCESS CABLE CASTING
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 communicotions commission, Citv of Corpus Christi, with the
consent of the cable operators.
These rules may be amended by CGity...QGouncil. following recommend3tion from-#1e
c3ble commission or fronchised coble operotors in the City of Corpus Christi.
S 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, includinQ the followinQ: 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 Rulesupdale.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 portrays 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.
S 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 GCable Communications
GCommission 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 RulesupdateDOC
4
a. Title of the program
Identification: Only 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 eCable eCommunications
eCommission with consent of the cable operators.
Deadline: The acce~~ u~er groups Channel 18 access user qroup and the City of
Corpus Christi will establish deadlines for pickup and delivery of tapes, in cooperation
with the cable operators.
S 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 serni-annual time slot lottery. Conflicts on requests f<>r time slots will be
submitted to the cable commission for arbitration.
Each user may have only one series, not to exceed one hour per week, except as
provided above in section 2, Length, and except as provided in Section 3, Lotteries and
Schedules. 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 tirne slot lottery, but no
later than the date of the times lot lottery, each series user must subrnit a completed
public access cablecasting application. to their respective access user group, and.
pro'/ide current copies to cable operators, including the following items: Channel 18
users will submit applications to the Channel 18 access user Qroup, and Channel 10
users will submit applications to the City of Corpus Christi. Within two weeks after the
lottery. current copies of the applications will be provided to cable operators, includinQ
the followinq items:
a. User's name
Jan 2005 Rulesupdate.DOC
5
b. Program name
c. Length of the program
d. 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.)
1. Address and telephone nurnber
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 period 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 times lots 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 Channel 10 access user group Citv
of Corpus Christi and one lottery executed for Channel 18 by the Channel 18 access
user group.
Public access for occasional userc.
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
cablecastin9 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 times lot 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 tirne
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 proqram will be removed from
the timeslot schedule.
S 4 Defined terms.
Channel 18 Access user group -- /\s set forth in the City Code of Ordinances, coclion 2
~, mMembership of the Channel 18 access user group~ may be composed of public
access users on Channel 18 any individuals who are residents of the city. as well as
representatives of community, public interest, or neighborhood, notv:ithstanding any
other provision, representatives of the cable operator may be members of the access
user group. Channel 18 Agccess user groups are ~organized separately and
independently from the city and are ~not a boards, commissions, committees or any
other subdivision of the city. One aCCDSS user group may be ostablished fDr each public
access channel. Each user is entitled to vote on all matters pertaining to establishment
of access user group bylaws and election of officers.
Cable Communications Commission - A City commission appointed bv the Citv 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.
Comrnercial 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 RulesupdateOOC
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 detennined by oach P/\UG 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 frorn a single user. A series can be
either weekly or monthly.
User -- Any adult resident of the city who, upon having paid any fom: roquirod by tho
30COCS usor group :md having executed a program contract, produces locally
noncomrnercial 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).
S 5 Amendments to rules and procedures for public access cablecasting.
These rules may be amended by Csity Csouncil following rocommond3tion from the
cable commiccion or franchised cClblo operators in tho city. The city shall give any cable
operator cixty (60) 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 Ru!esupdate,DOC
8
S 6 Violation of rules.
The Channel 1 0 Access User Group BOGrd of Directors will receiye Gnd inyestigGte
complnints concerning yiobtions of the Gbove rules on Channel 1 O. The Channel 18
Access User Group BOGrd of Directors will receiye and investigate complnints
concerning violGtions of the Gbove rules on Channel 18.
G. Violntions of Section 1.
No progmm will be permitted to air over the public Gccess chGnnels if G user or program
violates one or more of the rules identified in section 1. The Gccess user group will
inform the user 'Nho produced the progrGm thGt is the subject of the complGint of the
specific 3ection 1 rule that has been viobted and of the cornpbining party's nGme and
contGct informGtion, if G cornplGint hGS been received from an individual or group.
If a Section 1 rule has been violated, the .A.ccess User Group BOGrd of Directors will mGil
written notice of the violGtion to the uscr. The notification letter shGII be sent to both the
individual user Gnd the group, orgGnizGtion or entity which an entity purports to
represent, if there is a different contGct person, yiG certified rnail, return receipt
requested, to the Gddress provided in the applicGtion. The user mGY appeal the
decision of the I\ccess User Group Board of Directors to the cable communications
commission by physicGlly delivering to the city secretGry's office a written notice of
appeal on or before cight (8) cGlendm days from the date the notificGtion letter was
mailed. The cable communicGtions commission shall hold the heming for GppeGI within
thirty (30) cGlendm days from receipt by the city secretary's office of the notice of
appeal. The appellant shall have at least three (3) calendar dGYs' notice of the heming.
The access user group, the city, and the appellant may present evidence. The
commission shall promptly render its decision. I\ppeals of commission decision may be
made to the city council in accordance with the procedures specified in the City Charter.
If G second adjudicated viobtion of a Section 1 rule occurs within Iwel'le (12) months
after the first adjudicated viobtion, then the user '.viII be incligible to use the public
access channels fDr thirty (30) days. If the third adjudicGted violGtion of a 3ection 1 rule
occurs within twelye (12) months after the first adjudicated viobtion, then the user shall
be ineligible to use the public access channels for one year. Periods of ineligibility to
use the public access channels shall commence and removal of a program from the
public access channel shall occur after the bter of (a) the bst dGY on which a user may
timely commence an appeal of a decision spccified in G notification letter; or (b) the date
an appeal is concluded. 1\ program finally deterrnined to be in Yiolation cannot be
transmitted again until the violation has been remedied. ~leither multiple cablecasts of a
single program nor multiple violGtions of these rules in G single program shall form the
basis fDr more than one adjudicated violation of the above rules.
&. Violations of Sections 2 or 3 :md Geneml ComplGints
(1) If G User or Access User Group BOGrd of Directors has an internGI complGint not
covered by the rules and procedures, er G complaint regarding G viobtion of rules in
Jan 2005 Rulesupdate.DOC
9
Sections 2 or 3, the User or /\ccem: User Group Board of Directors shall follow
proceduros ostablished by their group's certified by laws. If a complaint is not resolved
within sevon (7) working days, a User or /\ccess User Group Board of Directors shall
submit the compl3int, by email or dolivered in writing, to tho Cable Communications
Commission, and the item shall be placed on the agenda for tho next scheduled Cable
Communications Commission meoting.
f2) If a User or /\ccose Ueer Group Board of Diroctors has a complaint regarding a
cable providor, that complaint shall bo submitted, by email or doli'tered in writing, within
three (J) working days, from a Usor to tho I\ccoss User Group and then from tho
l\ccoss Ueer Group Board of Directore to tho cable provider within throe (3) working
daye. Tho cable providor shall respond, by omail or delivorod in writing, within three (3)
working days. If a complaint is not resol'ted, a Ueer or /\cceee Ueer Group Board of
Directors shall submit the complaint by omail or deliverod in writing to tho Cable
Communicatione Commiesion, and tho item shall be placod on the agenda for tho next
schodulod Cable Communicatione Commission moeting.
(3) If a cable provider has a complaint regarding a User or I\ccoss User Group, the
cable provider ehall submit tho complaint, by omail or do livered in writing, within throe
(3) working days to tho I\ccoss Ueer Group Board of DirectOr€>. The accoss User Group
Board of Directors shall eubmit a response, by email or deliverod in writing, the cable
oporator within soven (7) '.\forking days. If a complaint is not resolvod within sevon (7)
'Norking days, the cable providor shall submit the compl3int, by em ail or delivorod in
writing, to the Cablo Communications Commission, and the item shall be pl3cod on tho
agenda for tho noxt schoduled Cable Communications Commiesion meeting. "
Series proqrams 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 lotterv
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 proqram that has been removed may request a review of the tape by
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
Christi 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
occu rs first.
Jan 2005 Rulesupdate.DOC
10
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2005 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
day of
,2005.
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: J~
L~~~~
Assistant City Attorney
for City Attorney
1'-/
,2005
Jan 2005 Rulesupdate,DOC