HomeMy WebLinkAboutAgenda Packet City Council - 02/08/2005CITY COUNCIL AGENDA
FEBRUARY 8, 2005
Corpus Christi
Ail-America City
11:45 a.m. - "At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
FEBRUARY 8, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meating, whichever is eadier. Please speak into the microphone lecated at the podlurn and state your name
and address. Your pmsentatlon will be limited to thme mlnutes. If you have a petition or cther information pertalning to your
subject, please present it to the City Secretary.
Si Usted desea dlrlglrse al Concilio y cree qua su ingkJs es limitado, habr~ un int~rprete ingl~s-espar]ol en todas las juntas
del Concllto para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are request6d to
contact the City Secretary's office (at 361-880-3105) at least 48 hout~ in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Naal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Damon Raider, Wesley United Methodist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L_ Neal, Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Regular Meeting of January 25, 2005. (Attachment # 1)
Agenda
Regular Council Meeting
Februa~ 8, 2005
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Update on the design, implementation and evaluation of the
Wireless Fidelity (VViFi) and Automated Meter Reading (AMR)
pilot projects. (Attachment # 2)
H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutJons, or ordinances. If deemed appropdate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
ratherthan a two reading ordinance; ormay modifythe 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.
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 all motions, resolutions and ordinances not
removed for Individual consideration)
Motion approving a supply agreement with McGinnis Industrial
Sales, Inc., of Houston, Texas for approximately 1,750 gas
meters in accordance with Bid Invitation No_ BI-0046-05, based
on Iow bid meeting specifications for an estimated six month
expenditure of $91,000. The term of the agreement shall be for
CITY COUNCIL
PRIORITY ISSUES
(Refer to lege~:l at U~e end o/t~e
age~da summary)
Agenda
Regular Council Meeting
Februa~ 8,2005
Page 3
six months with an option to extend for up to four additional six-
month pedods, subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the Gas
Department in FY 2004-2005. (Attachment # 3)
Motion approving the purchase of thirty workstations from
Corporate Express, Corpus Chdst, Texas in accordance with the
United States Communities Govemment Purchasing Alliance for
the total amount of $71,261.26. The fumiture will be used by the
Ulility Business Office and the Call Center. Funds are available
in the City Hall Capital Improvement Program Fund.
(Attachment # 4)
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of Public Safety in the amount
of $13,600 for hazardous materials emergency preparedness
planning activities in the No. 1062 Fire Grants Fund.
(Attachment # 5)
Ordinance appropriating $13,600 from the Texas Department of
Public Safety in the No. 1062 Fire Grants Fund for hazardous
materials emergency preparedness planning activities.
(Attachment # 5)
Resolution authorizing the City Manager or his designee to submit
of a grant application in the amount o[ $49,998 to the State of
Texas, Texas Alcoholic Beverage Commission for the funding of
overtime to enforce underage drinking laws and to prevent youth
access to, and illegal use of alcohol, with a City match of $23,800
in the No. 1061 Trust Fund, for a total project cost of $73,798_
(Attachment # 6)
Motion authorizing the City Manager or his designee to execute
a construction contract with King Isles, Inc_, of Corpus Chdst,
Texas in the amount of $898,872 for the Clarkwood North Force
Main Project. (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
a construction contract with DMB Construction, of Corpus Chdsti,
Texas in the amount of $351,087.80 for the Major Outfall Repairs
- Phase 1, Part "A". (Attachment # 8)
CITY COUNCIL
PRIORITY ISSUES
(Refer (o legend at the end of
age~a summa~)
Agenda
Regular Council Meeting
Febma~ 8,2005
Page 4
10.
11.
12.
13.
14.
Motion authorizing the City Manager or his designee to execute
a construction contract with Coastal Resources, Ltd., of Corpus
Chdsti, Texas in the amount of $544,823 for the Fair Oaks Ddve
Drainage Improvements and Leonard Ddve/Mulholland Ddve
Drainage Improvements for Base Bid A, Base Bid B and Additive
Alternate C. (Attachment # 9)
Ordinance amending Ordinance No. 024905 passed and
approved on June 11,2002 by amending Section 3 to adopt the
final assessment roll and assessments to be levied against the
owners of property abutting on the following street: Woodlawn
Ddve from South Padre Island Ddve (SPID) Westbound
Frontage Road to McArdle Road. (Attachment # 10)
Motion authorizing the City Manager or his designee to execute
Amendment No. 3 to a contract with Freese & Nichols, Inc., of
Corpus Chdsfi, Texas in the amount of $102,800 for engineering
services for the fourth year of a Five Year Inspection and
Monitoring Program at Wesley Seale Dam. (Attachment # 11)
Motion authorizing the City Manager or his designee to execute
a contract with Wilbur Smith Associates, of Dallas, Texas in an
amount not to exceed $29,750 for traffic engineering consulting
services on an as needed basis. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute
Change Order No. 2 to the Construction Manager at Risk
Contract with Fulton/Coastcen and Hunt Construction Group,
Joint Venture, of Corpus Chdsti, Texas and Indianapolis, Indiana
in the amount of $361,369 for installation of additional
improvements at Whataburger Field and increasing the
Guaranteed Maximum Price to $22,153,304 for construction for
the Professional Minor League Baseball Stadium. (Attachment
# 13)
Motion authodx_Jng the City Manager or his designee to execute
a Utility Easement instrument from the First Baptist Church of
Corpus Christi for the acquisition of Parcels 1, 3, 4 and 5 in the
total amount of $60,527, each parcel containing both a Utility and
CITY COUNCIL
PRIORITY ISSUES
(Re~- ID legend at Ihe end of
agenda surr~'naP~)
Agenda
Regular Council Meeting
February 8,2005
Page 5
15.
16.
17.
18_
19_
20.
Temporary Construction Easement, necessary for the
Lindale/Chenoweth Subdivision Area Drainage Improvements,
Phase I Project (#2174), and for other municipal purposes.
(Attachment # 14)
Motion authorizing the City Manager or his designee to provide
$2,500 from the Permanent Art Trust Fund for the partial
acquisition of "Joumey's End", a sculpture from Kent UIIberg, for
display at Seagull Park on Padre Island. (Attachment # 15)
Ordinance authorizing the City Manager or his designee to
execute a Lease Agreement with the Southside Little Miss
Kickball for the use of city property known as Jerry Smith Fields
and in consideration of Southside Little Miss Kickball maintaining
the premises and improvements. (Attachment # 16)
Ordinance authorizing the City Manager or his designee to
execute a five-year Lease Agreement with the West Corpus
Chdsti Rotary Club for the use of city property near McKenzie
Road and Allison Ddve by the Boy Scouts and in consideration of
the Rotary Club maintaining the premises and improvements.
(Attachment # 17)
Resolution exempting River Ranch Estates Subdivision from
payment of Wastewater Acreage Fees pursuant to Section V. B.
6. I of the Platting Ordinance. (Attachment # 18)
Ordinance abandoning and vacating 4,280-square feet of a 30-
foot wide utility easement out of Lot 1, Block 1, Taylor Best Plaza,
located south of Northwest Boulevard (Farm-to-Market Road 624)
and west of County Road 69; requiring the owner, Jack Taylor, to
comply with the specified conditions. (Attachment # 19)
Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a Long-Term Lease Agreement with Amadllo
Sports Services, Inc. doing business as Game Time Food and
Beverage Services, Inc. for the operation of a food and beverage
concession at the Corpus Chdsti International Airport in
CITY COUNCIL
PRIORI'FY ISSUES
(Reft' ~ legend at the end o4=
a~:la summary)
Agenda
Regular Council Meeting
February 8, 2005
Page 6
21.
22.a.
22.b.
23.
consideration of payment of a minimum rental fee and a
percentage rent for a term of ten years with a five year option to
renew upon agreed terms. (First Reading 01/11/05) (Attachment
# 20)
Second Reading Ordinance - Amending Code of Ordinances,
Chapter 2, Article IV, Division 12, Small Business Advisory
Committee regarding membership and duties. (First Reading
01/25/05) (Attachment # 21)
PUBLIC HEARINGS:
Public headng to consider abandoning and vacating a 1,250-
square foot portion of a 1 O-foot wide alley right-of-way out of Lots
27-35, Block 5, Steele's Addition (between South Port Avenue
and Harmon Street). (Attachment # 22)
First Reading Ordinance - Abandoning and vacating a 1,250-
square foot portion of a 10-foot wide alley right-of-way out of Lots
27-35, Block 5, Steele's Addition (between South Port Avenue
and Harmon Street); subject to owner's compliance with the
specified conditions. (Attachment # 22)
ZONING CASES:
Case No. 0105-O7, Cit(~o Comus Christi Refining and City of
Comus Christi: A change of zoning from an "R-lB" One-family
Dwelling District, "R-lC" One-family Dwelling District, "R-2"
Multiple Dwelling District and "A-l" Apartment House Distdct -
Tract -1 and from "R-lB" One-family Dwelling Distdct on Tract -
2 to an "1-2" Light Industrial District on Tract-1 and to an "1-3"
Heavy Industrial District on Tract - 2 located north of Interstate
Highway 37, south of Gibson Street, east of Poth Lane and west
of Buddy Lawrence Ddve. (Attachment # 23)
Planninq Commission and Staff's Recommendation: Approval of
the "1-2" Light Industrial District on Tract - 1 and approval of the
"1-3" Heavy Industrial District on Tract - 2.
CITY COUNCIL
PRIORITY ISSUES
(Re,er I~ legend at ~e end of ~e
agenda summary)
Agenda
Regular Council Meeting
February 8, 2005
Page 7
ORDINANCE
Amending the Zoning Ordinance, upon application by Citgo
Corpus Christi Refining and the City of Corpus Christi by
changing the zoning map in reference to Tract - I being 35_26
acres out of a portion of Oak Park, Grace Heights, Oak Lawn and
Harbor View Estates Subdivisions from "R-lB" One-family
Dwelling District, "R-lC' One-family Dwelling District, "R-2"
Multiple Dwelling District and "A-1" Apartment House District to "1-
2' Light Industrial District and Tract -2 being 22.20 acres out of
Harbor View Estates Subdivision, from "R-lB" One-family
Dwelling District to "1-3" Heavy Industrial District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
CURFEW FOR MINORS:
24.a. Public hearing regarding the readoption of the ordinance relating
to the curfew for minors. (Attachment # 24)
24.b.
Ordinance continuing the curfew ordinance for minors, the Code
of Ordinances, City of Corpus Christi, Section 33-40, 33-41, 33-
42, and 33-43. (Attachment # 24)
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
(NO REGULAR ITEMS)
Le
PUBLIC COMMENT FROM THE AUDIENCE ON MA'I-rERS
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 YOUPL.AN
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; ~herefore, please speak into the microphone
Iocat~l at ~he 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.)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ttm end oi~
agenda summary)
Agenda
Regular Council Meeting
Febma~ 8,2005
Page 8
25.
SI usted se dirige a la Junta y cree que su ingl~s es limitado, habr~ un int&rpmte
ingl~$-espar~ol en la reuniOn de la junta para ayudafle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the CiO/Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council rnembers and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other bdef discussions regarding city-related matters.
CITY MANAGER'S REPORT
* Upcoming Items
26. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at We end o~
age~:la summary)
27. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
Febmary 8,2005
Page 9
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Ci~s official bulletin board at the front enb-ance
to City Hall, 1201 Leopard Street, at 11:30.a.m., Febcuar~ 4, 2005.
City Secretary ~
CITY COUNCIL
PRIORITY ISSUES
(Reh~r ~ ~ at I~e end ol~
agenda summm'y)
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.
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 25, 2005 - 10:00 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Hem-y Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
CiW Stoff.'
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor John Bradshaw of the Fellowship of Oso Creek and the Pledge
of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required charter
officers were present to conduct the meeting.
Mayor Neal thanked Mayor Pro Tem Kelly for presiding over the January 18 Council
meeting in his absence.
Mayor Neal called for approval of the minutes of the regular Council meeting of January 18,
2005. Mayor Neal noted an error on page 18 stating that he called for the city manager's report
when, in fact, Mayor Pro Tern Kelly had presided over this meeting in his absence_ He made a
motion to approve the minutes as corrected, which was seconded, and passed.
Mayor Neal called for consideration of the consent agenda (Items 2 - 20). City Secretary
Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items 10, 11, and
12, and Mr. Kelly was abstaining from the vote and discussion on Item 6. Mr. Scott stated he was
abstaining fi.om the vote and discussion on Items 18 and 19. Mr. Bill Kopecky, 3609 Topeka,
requested that Item 6 be discussed. City Secretary Chapa stated Item 15 needed to be amended. A
motion was made and passed to approve Items 2 through 20, constituting the consent agenda, except
for Items 6 and 15, which were pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
January 25, 2005 - Page 2
MOTION NO. 2005-026
Motion approving a supply agreement for approximately 118,000 pounds of drop-on type
glass spheres, in accordance with Bid Invitation No. BI-0040-05 fi.om 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 2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2005-027
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 t¢~ms 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.
Ben E_ Keith
San Antonio, Texas
64 Items
$20,634.73
LaBatt Food Service
Corpus Christi, Texas
104 Items
$53,421.65
PFG
Victoria Texas
76 Items
$55,345.44
Grand Total: $129,401.82
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garret't, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2005-028
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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
January 25, 2005 - Page 3
RESOLUTION NO. 026116
Resolution authorizing the City Manager or his 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 Vi ctims of Crime Act (VOCA) Fond 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; for a total project cost of $70,922.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2005-030
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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2005-031
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).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2005-032
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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
January 25, 2005 - Page 4
10.
ORDINANCE NO. 026118
Ordinance appropriating $957,594.17 in Passenger Facility Charge Fund 4621 fi.om
unreserved fund balance; transferring $957,594.17 into the Airport 2000A Debt Service
Fund 4640 for debt service on airport improvemenks; amending FY 2003-2004 Capital
Budget adopted by Ordinance No. 025647 to increase appropriations by $957,594.17.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
11. ORDINANCE NO. 026119
12.
13.
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; u'ansferring $516,717.46 into the Airport 20OOB 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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
ORDINANCE NO- 026120
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
ORDINANCE NO. 026121
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; requiting the owner, Windsor Park
Church of Christ, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kilmison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
January 25, 2005 - Page 5
14.
16.
17.
18.
ORDINANCE NO. 026122
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
FIRST READING ORDINANCE
Amending Code of ordinances, Chapter 2, Article IV, Division 12, Small Business Advisory
Committee regarding membership and duties_
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
ORDINANCE NO. 026124
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)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
ORDINANCE NO. 026125
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)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Minutes - Regular Council Meeting
January 25, 2005 - Page 6
19. ORDINANCE NO. 026126
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)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola,
voting "Aye"; Scott abstained.
20. ORDINANCE NO. 026127
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 2n. da.); subject to owner's compliance with
the specified conditions. (First Reading 01/18/05)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Gm'rea, Kelly, Kinnison, and Noyola,
voting "Aye"; Scott abstained.
Mayor Neal opened discussion on Item 6 regarding the American Bank Center arena_ Mr_
Bill Kopecky, 3609 Topeka, stated the cumulative cost for the arena construction was now $53.25
million, exceeding the initial $30 million estimate. City Secretary Chapa polled the Council for their
votes as follows:
6.a. ORDINANCE NO. 026117
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly abstained_
Minutes - Regular Council Meeting
January 25, 2005 - Page 7
6.b. MOTION NO. 2005-029
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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained_
Mayor Neal opened discussion on Item 15, the ordinance calling for the April 2, 2005
general election City Secretary Chapa reported three changes to the polling places for the general
election. The first change was in Precinct 42, Citko's Deli on Santa Fe Drive_ Mr. Chapa reported
the deli was requesting a rental fee increase from $50 to $900; hence staffwas not recommending
its use as a polling place. Since Precinct 42 was a small precinct with 403 registered voters, he
recommended combining Precinct 42 with Precinct 63, the Parkway Presbyterian Church on Santa
Fe Drive_
The second change was in Precinct 48, the Abiding Savior Church. Staffwas informed the
church would not be available for use as polling place during this election; hence staffrecommended
the use of the U.S. Army Reserve Center on 4722 McArdle.
The third change was in Precinct 118, Most Precious Blood Catholic Church. Staffwas
informed the church had a scheduling conflict prohibiting its use as a polling place. Mr. Chapa said
staff was recommending the Saratoga Medical Center, 3434 Saratoga Boulevard, as a substitute,
noting it was directly adjacent to the church.
Mr. Chesney made a motion to amend the polling places as described by City Secretary
Chapa, seconded by Mr. Garrett, and passed. City Secretary Chapa polled the Council for their
votes as follows:
15. ORDINANCE NO. 026133
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.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
Mr. Noyola asked City Secretary Chapa to inform the voters in the aforementioned precincts
Minutes - Regular Council Meeting
January 25, 2005 - Page 8
about the changes in their polling place sites. Mr. Chapa replied affirmatively, saying staffwould
post signs at the former sites to inform voters about the change in their polling place site. Mr.
Noyola also hoped the Caller-Times would publicize the changes in the newspaper.
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Item 21, an FY 2004-2005 first quarter report on the health benefits/risk management fund. Director
of Human Resources Cynthia Garcia summarized the report by saying there were no surprises in the
first quarter, but it was still too early to predict how the fund would perform at year's end.
Ms. Garcia discussed the performance of the health benefits fund in more detail. Referring
to a graph illustrating the number of claims filed by plan, she said there was a drop in the number
of claims processed in August 2004, with 4,377 claims processed. In September 2004, however, Ms.
Garcia said the number of claims increased to 7,608. A similar increase in claims was observed last
year within the same time frame, and could be attributed to start-up costs for the new plan year.
Finally, Ms. Garcia reported the number of claims dropped in October by approximately 1,000
claims.
Ms. Garcia referred to a graph delineating the number of dollars paid by plan including
prescriptions. She said the average monthly amount paid in the first quarter was $1,354,000,
compared with the average monthly amount of $1,393,000 recorded for the first quarter of last fiscal
year. Comparing the percent change in dollars paid among the plans for last fiscal year and this
fiscal year, Ms. Garcia reported the following f'mdings: Citicare - 9.73 percent decrease; Fire - 7.51
percent increase; Police -11.01 percent increase; and Citicare Basic - 19.08 percent decrease. Ms.
Garcia also reported a 4.19 percent increase in prescriptions.
Mr. Noyola asked Ms_ Garcia if the city allowed employees to buy prescriptions for three
to six months at a time over the Internet or by mail. Ms. Garcia replied negatively. Mr. Noyola
asked staff?to look into offering this enhanced benefit to employees because it was a much more cost
effective way to buy prescriptions.
Ms. Garcia reported the average cost per claim in August 2004 was $252 compared with
$387.22 in August 2003, a decrease of 35 percent. September's average cost per claim was $204.26,
a 9 percent increase compared with September 2003, and October's average cost per claim was
$210.45, an 18 percent increase compared with October 2003. She pointed out, however, that both
numbers were much lower than the average cost per claim in August 2003.
Ms. Garcia reported on the risk management fund, comprised of workers' compensation and
general liability. Regarding workers' compensation, she said current costs for this quarter had
decreased by $131,190. Although this seemed promising, she reminded the Council that this number
could change as each claim worked through the system. In addition, the number of claims for the
first quarter had also decreased from 281 claims at the same time last year to 255 claims.
Ms. Garcia discussed a graph illustrating the dollars paid in the current year for prior years'
claims. She said $776,690 was paid in this quarter for claims in prior years.
Minutes - Regular Council Meeting
January 25, 2005 - Page 9
Ms. Garcia referred to a graph depicting a year-to-date claims count comparison by
department. She reported the number of claims had decreased compared to the first quarter last year
in every department except park and recreation and the "all other" category.
Ms. Garcia reviewed a chart illustrating the year-to-date incurred cost comparison by
department showing a reduction in costs in the police, fire, and solid waste departments when
compared to first quarter last year. However, there were increases in the park and recreation,
wastewater, and street departments.
Ms. Garcia referred to a graph depicting the year-to-date claims count by type of injury. She
said strains and contusions continue to be two of the top three types of injuries this quarter, but the
numbers have decreased. Lacerations became the third most common injury, replacing sprains,
which were also down_
Ms. Garcia reported on the general liability component of the risk management fund. She
said there were 188 claims in the first quarter, a decrease in the number of claims compared with the
first quarter last year. The police department's claims decreased from 36 claims to 59 claims
compared with the first quarter of last year.
Ms. Garcia referred to a graph illustrating the dollars paid in the current year for previous
years' claims. She said the total paid this quarter was $334,572.
Finally, Ms. Garcia discussed a slide showing the number of claims by type. The vehicle
damage category continued to have the highest number of claims for the quarter, but was down
compared to last year's first quarter. In an effort to reduce vehicle accidents, staffwas considering
the implementation of a driving feedback system that could include a drive-cam video component.
She said a pilot program would be implemented later this year once staffhad reviewed the types of
systems available.
Mayor Neal asked if staff knew how many outstanding lawsuits were pending against the
city. Ms. Garcia replied affirmatively, saying staffhad a litigation and claims meeting at least once
a month to monitor claims, and revise the incurred amounts posted on the books as needed_ Mayor
Neal asked if the city did the same on workers' compensation claims. Ms. Garcia replied negatively,
saying staffdid not meet regarding them on a monthly basis, but they were reviewed regularly and
adjusted as needed. She thought there might be a claims meeting held between Richard &
Associates, the city's third party administrator (TPA), and the risk management division. She said
she would find out and report to the Council. Mayor Neal suggested staff also review workers'
compensation cases on a monthly basis to monitor costs. Ms. Garcia stated that workers'
compensation claims were reviewed monthly by F.A. Richard and Associates, the city's TPA for
workers' compensation, and risk management staff.
The next presentation was Item 22, an update on the city's Americans with Disabilities Act
(ADA) Title II Transition Plan and the city's non-discrimination ordinance. Director of Human
Relations Leon Bazan said although the implementation was a joint effort among all the
Minutes - Regular Council Meeting
January 25, 2005 - Page 10
departments, he recognized the engineering, public information office, museum, park and recreation,
and solid waste departments for their assistance.
Mr. Bazan reported on the implementation of the ADA Title II transition plan. He discussed
the accessibility improvements in public facilities, including the following sites: city hall, the
libraries, health clinics, street/solid waste departments, recreation center, and senior centers. He
stated that since their last quarterly report in December 2004, the construction phase was
approximately 93 percent complete on city facilities, encompassing 19 projects. In City Hall, Mr.
Bazan stated 17 additional doors were automated, and 17 door levers were installed. In addition,
76 additional tactile signs were mounted for braille readers.
Mr_ Ba?an discussed accessibility improvements in public programs, services or activities.
To date, staffhad purchased assistive technology, accessible equipment and services for the park
and recreation department, public information department, and Museum of Science and History.
Specifically, he said games, recreation tools, games and sports equipment were purchased for
participants with hearing and sight impairments for the park and recreation department. In addition,
the pool entrance for Collier Pool was improved to provide more accessibility. Finally, he reported
that closed--captioning was now available for public information programs and the museum's
educational videos_ He announced Museum Director Rick Stryker was available to provide a
demonstration of the museum's new audio equipment afl. er the meeting for the Council and staff.
Mr. Bazan also reported staff had purchased new materials for American Sign Language
classes to be held in the park and recreation department. Accessible furniture for the libraries, the
recreation centers, and the senior centers was also purchased, and modifications were made to the
service counters at the Parkdale and Northwest Branch Libraries to improve accessibility for book
reWieval. Finally, he said staff?held policy reviews with all city departments.
Mr. BaTan reported on their efforts to improve accessibility in site development through
training on State of Texas accessibility standards through the Texas Department of Licensing and
Regulation. He said three staffmembers from the development services department and one staff
member fi-om the human relations department attended this academy. With the training they
received, these individuals will assist in reviewing, inspecting, and/or investigating ADA
compliance issues on behalf of the city.
Regarding accessibility outreach, Mr. Ba?~n stated staffprovided training to city directors
and ADA coordinators. Training was also provided at the 2004 Human Relations Annual
Conference, including ADA sessions for non-profit, public, and private entities. Finally, he said
monthly employee awareness and PeopleFirst training sessions were ongoing.
Mr. Bazan discussed the progress on curb ramp projects throughout the city and by
individual request. He said the citywide curb ramp projects along arterial and collector streets were
approved by the voters in the 2004 bond election. During the street improvements process, he
reported individual departments were demonstrating flexibility wherever possible in addressing
ADA curb ramp needs.
Mr. Scott asked for a map of all the streets included in the curb cuts and sidewalk
improvement program the city was implementing. Specifically, he was curious why Santa Fe Drive
Minutes - Regular Council Meeting
January 25, 2005 - Page 11
was being worked on seemingly early in the program. City Manager Noe replied the curb cut and
sidewalk improvements on Santa Fe Drive were being initiated as part of the street work completed
on Santa Fe Drive, Alameda Street, and Weber Street. He said the city used funds fi.om the Bond
2000 allocated for accessibility improvements and matched them with funding fi.om TxDOT (Texas
Department of Transportation), in effect completing the aforementioned projects that were actually
part of the 1986 bond program. Mr. Bazan added TxDOT has played a critical role in the ADA
accessibility improvements for these projects by providing an 80/20 funding match.
With regard to the individual curb ramp projects, Mr_ Bazan reported Phase I of the
individual curb romps request program was complete, encompassing 16 projects in the Mary Grett,
Chula Vista, Chrisms Spohn Memorial Hospital, Chrisms Spohn Shoreline, Tarlton Street, and the
Poenisch/Ropes Park areas. Phase Il of the project would commence in Spring 2005, including four
individual requests. The engineering department would provide a list of the projects with maps.
Mayor Neal reminded the Council that the curb ramp projects were prioritized with the
assistance of the Committee for Persons with Disabilities_ He asked staff to provide the prioritized
list the committee had developed because it was driving the order of the projects, along with the
Bond 2004 program. City Manager Noe agreed, saying the city had made a commitment to spend
$1,000,000 a year on curb cuts and similar accessibility improvements, targeting those identified as
priority projects by the committee
Mr. BaTan reported on the city's non-discrimination ordinance. He briefly reviewed the
purpose of the ordinance, which amended Chapter 24, Human Relations, of the city code of
ordinances by adding Article V, "Discrimination Against an Individual with a Disability". The
ordinance was designed to provide a local resource in allegations of disability discrimination
through review, investigation, and enforcement, using ADA guidelines for public and private
entities.
Mr. Bazan stated the non-discrimination ordinance categorized complaints into three areas
as follows: places of public accommodation (i.e. stores, hotels, and restaurants); other governmental
entities (i.e. school districts, state, and county offices); and the City of Corpus Christi (public
programs and services). In Category I, places of accommodatmn, there were a total of eight
complaints, four of which were related to restaurant services (e.g. insufficient parking, inaccessible
restrooms). The other four complaints were related to the following establishments: a retail shop,
a shopping center, a medical center, and a non-profit sporting event_ These complaints were also
resolved.
In Category 1I, other governmental entities, Mr. Bazan reported a total of three complaints
were made in this category. Two of the complaints were related to education, and one was related
to licensing. Mr. Bazan stated the complainants were referred to the appropriate governmental
entity_
With regard to Category III, the city's programs, services, and activities, Mr. Bazan reported
the city had received 108 complaints. Of the 108 complaints, 101 were related to the automated
trash collection services. He said these complaints had been addressed primarily by providing
alternate trash pick-up service. The seven remaining complaints were related to the following areas:
ramps/aisles - 2; seating - 2; parking - 1; curb ramps - 1; and cost of services - 1. He said each of
Minutes - Regular Council Meeting
January 25, 2005 - Page 12
the complaints was being addressed.
In response to Mr. Colmenero's question, City Manager Noe replied the large number of
complaints regarding the automated trash pick-up service were directly related to the recent
deployment of the last automation phase.
Mr. Noyola also asked if the arena was making arrangements to accommodate for children
with disabilities who may want to attend a family event, such as the upcoming Hilary Duffconcert.
He also remarked that strollers were not allowed in the arena, which made it difficult for families
to take young children to the event. Mr. Bazan replied the engineering department was closely
monitoring the arena construction to ensure the facility would be ADA-compliant.
Finally, Mr. Ba7an discussed a number of other accessibility awareness efforts_ First, the
annual human relations conference included ADA compliance segments. Second, the Committee
for Persons with Disabilities sponsored the Texas Governors' Committee for People with
Disabilities' Barbara Jordan Media Awards dinner. They also hosted a number of workshops on
cultural access and ADA compliance for non-profits, public, and private entit~es. Thtrd, he reported
the park and recreation department had sponsored a Recreation Inclusion Awareness Month with
the assistance of a diverse community planning committee, including human relations
commissioners and Committee for Persons with Disabilities members. He also recognized the
Committee for Persons with Disabilities for their activism and civic involvement.
Mayor Neal asked for an update on closed captioning for the Council meetings. Ms. Taylor
Butler replied staffissued an RFP on the closed captioning for the Council meeting, and one vendor
responded. Discussions with the vendor have been postponed until the Council Chamber and sixth
floor conference room renovations are completed. She mentioned there was a change in the type
of equipment recommended for the closed captioning which would be brought to the Council for
their consideration. She anticipated resuming with the project shortly.
Mayor Neal opened discussion on Item 23 regarding a significant donation to the Parkdale
Branch Library, and the renaming of said library to the William T_ Neyland Public Library. Director
of Libraries Herb Canales reported he was informed by the Wells Fargo Trust department that the
library was named a beneficiary in the last will and testament of Mr. William T. Neyland. Mr.
Neyland had established a trust for his wife, Mrs. Anita T. Neyland, and he directed that 25 percent
of the trust be distributed to the library upon Mrs. Neyland's death_ Mrs. Neyland passed away in
October. Mr. Canales stated the estimated amount to be distributed to the library was between
$500,000 to $600,000.
Mr. Canales reported the Library Board was recommending the funds be used to improve
the Parkdale Branch Library, the oldest library facility. The recommended improvements included
replacing the carpet and ceiling, upgrading mechanical and lighting systems, and providing ADA
access to the second floor of the library. The second floor of the library totaled approximately 2,000
square feet, but was being used primarily for storage due to lack of access. The Parkdale Branch
Library was the city's most popular branch, and was overdue for facility enhancements.
Minutes - Regular Council Meeting
January 25, 2005 - Page 13
Mayor Neal said the Neylands' gift was wonderful news. He said Mr. Neyland had also been
a strong advocate for transportation issues, and he spoke in support of recognizing Mr. Neyland's
generosity and community involvement.
Mr. Noyola remarked about a year ago, a group of constituents had approached him with the
idea of renaming the Central Library in honor of Dr. Cleo Garcia to recognize her long-time civic
involvement. He met with Mr. Canales about the idea, but he said Mr. Canales did not support the
idea due to funding constraints. Mr. Canales replied the library needed funding, and hence reserved
naming opportunities in recognition of monetary contributions toward facilities.
Mr. Noyola stated he did not have anything against the Neyland family personally and
recognized their contribution to the community, but he did not support the renaming of the Parkdale
Branch Library. He said Dr. Cleo Garcia had also contributed greatly to the community, spending
much of her time educating the public at the Central Library. He did not believe his request to
rename the Central Library in her honor should be rejected simply for monetary concerns.
Mr. Colmenero suggested honoring Dr. Cleo's work in the field of genealogy through some
form of recognition. He referred to the Central Library's Local History department, saying the
Corpus Christi Genealogical Society could become involved in determining an appropriate form of
recognition. Mr. Canales replied Dr. Cleo was already prominently recognized in the Local History
department, with a plaque and the dedication of room in her honor purchased by a private donor in
the 1980s.
Mr. Canales explained the library system had a number of pressing needs which could not
be funded through the general fund. Thus, staff relied on the assistance of private donors to
supplement the library system's expansion and development_ He said the library system had
developed an informal tradition of recognizing private donors with naming opportunities.
Mr. Noyola stated he would support this item after all, but he asked staff to speak with the
Canales family to l-md a way to further recognize Dr. Cleo Gm-cia. Mr. Canales replied he had
worked closely with Dr. Garcia, and he respected her greatly. He said this matter was strictly a
business decismn. There were no comments from the audience City Secretary Chapa polled the
Council for their votes as follows:
23.a. ORD1NANCENO. 026128
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
January 25, 2005 - Page 14
23.b. RESOLUTION NO. 026129
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.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 24 regarding the purchase of servers, software, and
software implementation services by the Municipal Information Systems (MIS) department_
Director of MIS Ogilvie Gericke explained the city used HP servers operating on a proprietary
UNIX operating system. He said the servers were expensive, costing $150,000 each, and only had
a three year life span. For these reasons, staffhad been phasing them out over the past few years_
The city currently had only five servers remaining, two in the police department/municipal court,
and three in City Hall_ Each server was loaded with a different set of applications, all using Oracle
as a database. Unfortunately, this meant that when one server failed, the specific applications loaded
on that server became unavailable. Mr. Gericke stated one server must be replaced during FY 2004-
2005 and the other two during FY 2005-06.
Mr. Gericke reported staff investigated different options for replacement of the existing
servers, and found that Intel servers operating on an open Linux system have become an industry
standard. These types of servers were inexpensive compared to HP UNIX servers and could be
purchased from a number of manufacturers. In addition, he said Oracle/Dell had developed a
clustering system that was less prone to failure because when one server failed, the other servers
smoothly took over its operation. Another advantage was the new system would allow the city to
add more applications without additional database personnel. Finally, he said the system was
expandable as well.
Mr. Gericke stated staff received favorable quotes from Dell to provide the necessary
software and MYTHICS to move the current applications and databases from the ~ UNIX system
to the Linux based clustered environment Thus, staff was recommending the approval of the
proposed system.
Mayor Neal asked if these would be recumng costs. Mr. Gericke replied the servers would
need to be replaced every three years. The only one-time cost was the sofl~vare purchase and the
cost to migrate the current applications and data to the proposed system. City Manager Noe added
the costs were being spread out over a five-year period.
Mr Colmenero asked how long the transition from the outgoing system to the new system
would take. Mr. Gericke replied the transition would take approximately four to six months. Staff
would run the systems concurrently to thoroughly test the new system before switching over
permanently. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
January 25, 2005 - Page 15
24.a. MOTIONNO. 2005-033
Motion authorizing the City Manager or his designee to purchase ORACLE software fi.om
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 payments and will be requested for all subsequent
budget years.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
24.b. MOTIONNO. 2005-034
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 fi'om 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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
Mayor Neal opened discussion on Item 25, the consideration of a request by petitioners that
the city adopt an ordinance which would mandate spaying and neutering of dogs and cats. Mayor
Neal asked City Secretary Chapa to explain the options available to the Council on this matter.
City Secretary Chapa briefly provided background information on the petition and the
proposed ordinance. He stated the petition was submitted by 50 petitioners in December 2004 under
Charter Article 1, Section 4, Initiative and Referendum. The proposed ordinance required the
spaying and neutering of all dogs and cats. The ordinance did provide for a number of exceptions,
including extreme health conditions, or the purchase of a breeder or intact permit by the owner. The
ordinance also set the level of payment for the permits, and required the permit numbers to be
tattooed or embedded in the dog or cat with a microchip.
City Secretary Chapa stated the Council's deadline to consider the ordinance was February
4, 2005. The Council had requested, however, that the initiative request be forwarded to the Animal
Control Advisory Committee for a recommendation. Thus, the issue was placed on the agenda today
to allow the con~nittee to report on their recommendation.
Animal Care Program Manager Cherrie Stunz reported the Animal Control Advisory
Minutes - Regular Council Meeting
January 25, 2005 - Page 16
Committee recommended that no action be taken on the petition at this time pending the re-
evaluation in one year's time of the existing ordinances the city recently revised and passed.
Mayor Neal asked for public comment. Ms. Susan Thiem, 96 Lakeshore Drive, said she was
a senior member of the Animal Control Advisory Committee. She stated the committee felt it would
be prudent to see if the revised animal care ordinances were enforceable before adopting any
measures. If, after one year's time, the revised ordinances proved to be ineffective, then the
committee would be open to considering other legislation.
Mr. Kelly asked how long the existing ordinances had been in effect. Ms. Stunz replied the
existing ordinances had been in effect since January 1, 2005. Mr. Kelly asked if any meaningful
data on the effectiveness of the ordinance could be compiled by early February_ Ms. Stunz answered
negatively, saying the city would need approximately six months of data before drawing any
conclusions.
Mr. Kelly asked if the proposed ordinance was intended to reduce the number of stray
animals the city had in the city. City Manager Noe replied this seemed to be the petitioners' intent,
but it was questionable whether their proposal would truly accomplish this goal.
Ms. Stunz stated the city's existing animal care ordinance provided for mandatory spaying
or neuter/ng of pets that are impounded without a current rabies vaccination or a city license. If the
pet did have a city license and a cra-rent rabies vaccination, then the pet would simply be released
after the impoundment fees were paid on the first offense. If the animal was impounded a second
time, however, then a mandatory spaying or neutering would be required.
Mr. Kelly asked if the city was undertaking any other efforts to control the stray animal
population. Ms. Stunz replied the animal care division performed sweeps in problem areas, and was
active with the Neighborhood Initiative Program. In addition, staff was planning a number of
educational programs this fiscal year. Mr. Kelly asked if the petitioners were aware of the animal
care division's efforts to control the stray animal population. Ms_ Stunz replied one of the petitioners
currently served on the Animal Control Advisory Committee, so this individual should be aware of
the animal care division's initiatives.
Mr. Kelly asked City Attorney Fischer if she considered the city's existing animal care
ordinance to be enforceable. Ms. Fischer answered affirmatively_
Mr. Bill Kopecky, 3609 Topeka, stated he did not think the petitioners would be able to
obtain the number of signatures (5 percent of non-registered voters) required through the referendum
process. He also did not believe the existing ordinance was enforceable.
Mayor Neal asked Mr. Chapa to discuss the Council's options. City Secretary Chapa replied
the Council could approve the ordinance submitted by the petitioners, deny their request, or take no
action_ If the Council decided to take no action or to deny the request, then Mr. Chapa would
present the petitioners with petition pages for circulation on February 4. If the petitioners submitted
a valid petition within 90 days, an election would have to be held on this issue in April 2007. The
Council decided to take no action on the petition.
Minutes - Regular Council Meeting
January 25, 2005 - Page 17
Mayor Neal opened discussion on Item 26 regarding the hospital speed zone on Alameda
Street_ City Manager Noe stated the Council had expressed interest in the status of the hospital
speed zone on several occasions. He said the Transportation Advisory Committee had discussed
the issue this week, and offered a number of recommendations. He asked City Engineer ~ngel
Escobar and Traffic Consultant Engineer Kevin St. Jacques, to provide a briefing.
Mr. Escobar reported staffhas been studying the effectiveness of the hospital speed zone on
Alameda Street for the last year, considering its proximity to an existing school zone and its length.
Staff completed a number of traffic counts and in-field pedestrian surveys to obtain data. In
addition, Mr. Escobar stated last August, the Transportation Advisory Committee asked for
additional pedestrian safety improvements such as safety s~ping_ Finally, he reported the issue was
brought before the Transportation Advisory Committee yesterday for their recommendations, which
staffwould present shortly.
Mr. St. Jacques described the current conditions on the affected section of Alameda Street.
He said the hospital zone extended from Texan Trail to Ropes Street, with a 20-MPH speed limit
from 8:00 a m. to 5:00 p.m. Embedded within the hospital zone was a 20-MPH school zone,
extending from Texan Trail to Sinclair Street, which was in effect from 7:15 a.m_ to 8:15 a.m. and
3:00 p.m. to 4:00 p.m. He said Alameda Street was designated as an arterial road in the city's
thoroughfare plan. Hence, having an arterial with a 20-MPH speed limit for the majority of the day
was a serious consideration.
Mr. St. Jacques stated there were a number of issues related to the continuation of the
hospital zone. Regarding traffic delays, Mr. St. Jacques reported there were approximately 19,000
vehicles traveling on Alameda Street on a typical weekday, with 12,000 vehicles traveling between
the hours of 8:00 a.m. to 5:00 p.m. He said the speed limit was reduced from 35 MPH to 20 MPH,
a 15 MPH reduction, which resulted in a delay of over a half-mile length, or _64 minutes per vehicle_
This amount of delay may seem insignificant, but Mr_ St_ Jacques stated that cumulatively, it
amounted to 120 vehicle-hour delays per weekday.
With regard to traffic safety, Mr. St. Jacques stated there were over 40 driveways on this
three-to-four block section of Alameda Street. He said having this number of driveways was not an
ideal situation on an arterial roadway. The slower traffic, however, did improve the drivers' ability
to utilize gaps in traffic. Mr. St. Jacques also noted there were eight collisions per year over the past
three years, particularly in the area near Rossiter Street and the entrance to a nearby apartment
complex.
Mr. St. Jacques discussed pedestrian crossing safety measures. He reported staff counted
the pedestrians crossing the street in the hospital zone for an entire week at two different times of
the year. The types of pedestrians in the area included bus passengers, hospital patients and visitors,
and hospital employees. Staffspoke with representatives fi-om area hospitals and a number of local
business owners, and also held a public hearing at a Transportation Advisory Committee public
heating to obtain public input on the hospital zone. Mr. St. Jacques reported many individuals spoke
in support of the hospital zone because the slower traffic created a calming effect, the noise of
rushing traffic was reduced, and driveway entry and exit was less stressful.
Minutes - Regular Council Meeting
January 25, 2005 - Page 18
Since these discussions, Mr St. Jacques reported staffhas initiated a number of pedestrian
safety improvements in the area. Phase 1 of the improvements has already been completed, and
consisted of enhancements to two existing crosswalks near Driscoll Children's Hospital and near
Sinclair Street. The enhancements created a pedestrian refuge in the median so pedestrians could
cross one direction of traffic. This was accomplished by painting a solid yellow line the full width
of the median for a certain distance on either side of the crosswalk to divert left turning traffic away
from the crosswalk. In addition, he said traffic lanes were shifted, using extra pavement width in
the area to create a horizontal traffic diversion.
Mr. St. Jacques discussed the effects of the crosswalk enhancements to date. Before the lane
shift and the pedestrian refuges were in place, the compliance rate for the 20 MPH hospital speed
zone was as follows: 50 percent of drivers - 26 MPH; and 85 percent of drivers - 33 MPH. After
the crosswalk enhancements were made, the compliance rate improved as follows: 50 percent - 22
MPH; and 85 percent - 28 MPH. After 5:00 p.m., the average speed was 33 MPH for 50 percent
of drivers and 38 MPH for 85 percent.
In light of their success with the Phase 1 improvements, Mr. St. Jacques reported staffwas
recommending the implementation of Phase 2 improvements. First, staff recommended installing
a white edge line stripe at the edge of the outside travel lanes northbound and southbound, creating
a 10-foot wide "channel" which tend to calm traffic. Second, staff recommended keeping the
existing school zone intact. Third, staff would provide a new marked crosswalk across Alameda and
ADA accessible landings along the south side of Rossiter Street intersection, eliminating the existing
crosswalk at the middle of the driveway to the apartments. Additional treatments to enhance
pedestrian crossings could be added as deemed necessary, such as creating raised pedestrian refuges
in the Alameda median at Sinclair Street and Rossiter Street, and installing push-button activated
pedestrian crossing flashers_
Mr. St_ Jacques stated once the Phase 2 improvements were implemented, staff would
monitor the performance of the street for one to two months. After this trial period, staff
recommended eliminating the hospital speed limit zone and retaining the school zone_ He said staff
was requesting Council approval to proceed with the Phase 2 improvements on first reading, and
then hold a public hearing at the second reading of the ordinance in two to three months. The public
hearing would give the public an opportunity to comment regarding the hospital zone, and allow the
Council to amend the ordinance if needed based on their comments. City Engineer Escobar added
the Transportation Advisory Committee concurred with this plan at their meeting yesterday.
Mr. Chesney asked ifstaffhad informed any of the parties opposed to the elimination of the
hospital speed zone about the proposed improvements being considered today. Mr. Escobar replied
staff had discussed the planned improvements with a number of area stakeholders (e.g. businesses,
local hospitals, and apartment complex representatives) at the August 24, 2004 Transportation
Advisory Committee meeting. He added, however, that staff had not spoken with the stakeholders
recently, but had informed them at the August meeting that the subject would be discussed at a
January Council meeting_ Mr. Chesney asked what the stakeholders's response had been regarding
the proposed elimination of the hospital zone. Mr. Escobar replied they were against the elimination
of the hospital zone.
Mr. Chesney took exception to the fact that staff had not kept the public informed about this
Minutes - Regular Council Meeting
January 25, 2005 - Page 19
controversial issue. He was strongly opposed to approving staffs recommendation today without
eliciting more public comment on the issue_ Assistant City Manager Ron Massey explained there
were two sides to the issue: pedestrian safety and traffic delays due to slow speed. At the August
Transportation Advisory Committee meeting, he reported that none of the stakeholders spoke against
the proposed pedestrian safety improvements. Staffs recommendation was to implement the
pedestrian safety improvements, and then evaluate their effectiveness. Once the evaluation results
were known, he said they could be used to reach agreement between all parties to eliminate the
speed zone. Mr. Chesney reiterated his concern, and he asked the Council to consider delaying the
vote until the first meeting in February.
City Manager Noe added the Council had raised concerns about the impact of the hospital
zone on area traffic about a year ago. The Council requested that staffprovide them with the data
they had submitted to the TAC, which was the purpose of today's presentation_ He said staff had
discussed the issue with the Transportation Advisory Committee (TAC) on various occasions, but
the discussion had reached an impasse. The TAC did take the reasonable approach of requesting
additional data, and then offered to reconsider eliminating the zone in 60 to 90 days.
Mr. Scott remarked that according to the pedestrian crossing counts presented today, the
highest counts were across from St. Patrick's Church (162 pedestrians a week) and the Regency
Square Apartments (252 pedestrians a week)_ Thus, it seemed the people benefitting the most from
the zone were apartment residents rather than the hospitals and the medical facility patrons_ Mr. St_
Jacques replied this was why staff felt it would be preferable to create pedestrian safety
improvements at those focus points rather than create an entire speed zone. Mr. Scott spoke in
support of staffs recommendation, but asked staff to elicit more public input. He specifically
mentioned including the Morningside Preservation Society in the discussion as well as area
businesses.
Ms. Cooper agreed with Mr. Chesney's view that the city should elicit more public input, and
expressed concem about passing this ordinance on first reading. Mr. Massey replied the Council
could direct staffto proceed with the pedestrian safety improvements and defer the first reading until
a public hearing on the issue was held. Ms. Cooper spoke in support ofstafl?s recommendation, but
she asked staff to provide more public notice on controversial items in the future.
Mr. Kelly observed that the proposed ordinance did not mention the pedestrian safety
improvements at all; rather, it was strictly about the elimination of the hospital zone_ Mr. Escobar
answered affirmatively. Mr. Kelly asked if staff could proceed with the pedestrian safety
improvements as outlined in today's presentation without the Council's approval. Mr. Escobar
replied affirmatively, but said staff would like the Council to formally concur with the
recommendation.
Mr. Chesney referred to Mr. Kelly's comments, saying that in reality, the proposed first
reading ordinance was limited to the elimination of the hospital speed zone. He said he had just
spoken with a representative from Driscoll Children's Hospital who said the hospital was strongly
against the elimination of the hospital zone. Mr. Chesney took exception to taking action on this
item without public discussion, and he spoke against staffs recommendation su-ictly on these
grounds.
Minutes - Regular Council Meeting
January 25, 2005 - Page 20
Mr. Kinnison asked ifstaffcould continue with the proposed pedesWian safety improvements
even if the Council decided to postpone the first reading of the ordinance. Mr. Escobar replied
affirmatively.
Mayor Neal made the following motion, seconded by Ms. Cooper:
26. MOTION NO. 2005-035
Motion to delay the first reading of the ordinance eliminating the Hospital Speed Zone on
Alameda Street, and to instruct staffto proceed with pedestrian safety improvements; and
to request that a public hearing be held by the Transportation Advisory Committee on the
proposed ordinance prior to the first reading to be brought back for Council consideration
within 120 days
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal announced that Item 27 regarding public access cablecasting was being
withdrawn by staff.
27.a. Second Reading Ordi,,a,,ce
Amending thc Code of O~dlna,,ecs, City of Cuq~us ClMsti, Choir,., 2, ccs,~dl.g Cable
C,.l~.,,,~d,.ati,~l~s COl~.~,ission ~.d Aecc~s Use, G~oups; t~,,.viding fo, p¢~altics_ 071~t
R~ading 01/1 ~/05)
27.b. S¢¢o,~d Readine Chdinom~e
the Code of Ordinances, City ofCot},us Cluisti, CI,o~, 55, r~ ding Rules
h,~,.ed~,.o f~,~ P~blic Access Cable,.,,,tl,,g. (Fi,~t Reading 01/18/05)
Mayor Neal called for a brief recess to present proclamations.
The Council returned from recess, and Mayor Neal called for petitions bom the audience.
Ms. Susan Thiem, 96 Lakeshore Drive, spoke in support of staffs decision regarding the current
operating hours of the animal control facility.
Ms. Becki Jones, 1856 C.R. 32, spoke regarding several concerns about the animal care
facility.
Ms. Sherry Dunlap, 5825 Hopkins, expressed concern about the displacement of residents
and their pets at the Agnes Street Apartments due to building code violations.
Minutes - Regular Council Meeting
January 25, 2005 - Page 21
Ms. Sharon Massad spoke regarding her concerns about the treatment of a mother dog and
her puppies related to the displacement of the Agnes Street Apartment residents.
Ms_ Pamela Rhyner spoke regarding a dead animal that has not been picked up by animal
control on Wood River Road since Saturday.
Regarding the hours of operation for the animal care facility, Mr. Kelly asked staff to
consider maximizing adoptions as one of the criteria for extending the hours.
The following individuals spoke regarding public access channel and/or studio issues: Mr.
Rolando Garza; Mr. Gary Porter, 902 Hancock; Mr_ Jack Gordy, 4118 Bray; and Mr. Emile Bolden,
5602 Palo Verde. Mr. Garza also asked the Council to appoint pro-labor members to the Civil
Service Commission.
28.
Mayor Neal announced the executive session, which was listed on the agenda as follows:
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 al, in the United States District
Court for the Southern District of Texas, with possible discussion and action related thereto
in open session_
The Council went into executive session.
The Council returned from executive session, and Mayor Neal called for the City Manager's
report. City Manager Noe stated the following items were scheduled for the February 8 Council
meeting: a discussion on the RTA trolley project; second reading of the PAUG ordinances; and a
number of items related to proposed incentives for several companies, including Admiral Linen and
APAC.
Mayor Neal called for Council concerns and reports. Mr. Colmenero reported traffic
congestion problems on Gollihar and Port related to the area construction. Mr. Escobar replied the
underground work along Gollihar and Ayers that was the cause of much of the congestion on Port
Avenue had been completed. He said the Gollihar/Ayers project should be completed by the second
week in February, barring poor weather. Mr. Colmenero also reported a recurring problem with
potholes in the Roosevelt/Naples Street area. Finally, he also asked for an update on the potential
reuse of the coliseum within the next three months.
Mr. Noyola reported asked the police department to check for speeders on Leon Street near
Gollihar Drive, especially after 5:00 p.m. In addition, he stated there was a problem with loose
animals near the Linwood addition. He also asked staffto look into an alternative material for speed
humps which may be less expensive. He reported a problem with potholes on 9509 Paula Street.
Regarding the coliseum, he asked to include all proposals submitted for the Council's review.
Finally, he announced that there would be an Neighborhood Initiative Program meeting on February
Minutes - Regular Council Meeting
January 25, 2005 - Page 22
3. He said he would not be able to attend, but thanked staff for their efforts and spoke in support
of the program.
Ms. Cooper asked if staff had initiated any marketing efforts regarding the city's selection
by lntel as a digital city. City Manager Noe replied staffwas awaiting marketing materials from
Intel. Ms. Cooper announced that the next town hall meeting would held in Mr. Scott's district on
Monday, February 7 at 6:00 p.m. at Island Presbyterian Church.
Mr. Kelly spoke regarding improvements to County Road 52, saying the county judge had
requested information on the percentages and amounts required from the county. City Manager Noe
replied staff would provide the county judge with this information.
Mr. Garrett reported he had spoken to a constituent who was concerned whether the
escalators at the arena were functioning properly. City Manager Noe replied the escalators were
stopped during large crowds to prevent the cause of injury.
Mayor Neal asked about automated pick-up of recycling. Assistant City Manager Massey
replied staffhas considered automated recycling pick-up, but there budget constraints preventing
their implementation now. He said at some point, the city would need to replace its current solid
waste trucks, and had researched a truck with this option. In addition to new vehicles, he said the
city would also need to invest in a support facility to sort the recycling. Mayor Neal commented he
did not feel the city would be able to increase recycling participation unless they instituted a more
user-friendly system. Assistant City Manager Massey agreed, saying the ideal situation would be
to have weekly automated recyclables and trash pick-up on the same day.
Mayor Neal reported a trailer had been parked on La Playa Slreet for one month now. City
Manager Noe replied staff would investigate.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:21 p.m_ on January 25, 2005.
2
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Provide an update on the design, implementation and evaluation of the Wireless Fidelity
(WiFi) and Automated Meter Reading (AMR) pilot projects.
PRESENTER(S):
Name
1. Dr. Costis Toregas
2. Ogilvie Gericke
3. Leonard Scott
TiflelPosition
President Emedtus
Director
Business Unit Manager
Department
PTI
MIS
MIS
ISSUE:
The City contracted with Public Technology, Inc. (PTI) to provide consulting services for the
design, implementation and evaluation of automated meter reading and wireless
broadband network pilot projects. Council awarded contracts to Tropos Networks, Inc. for
installation of the wireless broadband network and Northrop Grumman Commercial
Information Services/Hexagram (NGCIS) for installation of the pilot automated meter
reading solution with anticipated completion date of March/April 2005. Consideration
should be given to expand the contract with PTI for development of a Business Plan.
BACKGROUND:
Numerous issues are facing the City's meter reading activity today. First, the existing
manual meter reading system is expensive and does not support good customer service.
Secondly, legislation requires individual metedng for multi-family dwellings, apa~ b.ents and
trailer parks. Thirdly, the Cib/'s aging meter infrastructure is being considered for a
significant upgrade.
It was therefore prudent to evaluate if an Automated Meter Reading solution may be more
cost efficient when compared to the current manual system. Public Technology, Inc. was
hired to perform this evaluation. The analysis, with projected cost estimates, indicated that
Automated Meter Reading should be considered a viable alternative and that shadng of
infrastructure with other wireless systems is also desirable.
REQUIRED COUNCIL ACTION:
No action required at this time. Proposed contract amendments and the Intel Memorandum
of Agreement will be presented to Council at a later stage dudng February 2005.
Ogilvie F. C:,edcke, P.E.,
Director of Information Systems
· · · · ·
0
(,-
E .E.>_
0
· · · · ·
X
· · · · ·
· · · · · · ·
3
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with McGinnis Industrial Sales,
Inc., Houston, Texas, for approxnnately 1,750 gas meters in accordance with Bid Invitation No. BI-
0046-05, based on low bid meeting specifications for an estimated six month expenditure of
$91,000. The term of the agreement shall be for six months with an option to extend for up to four
additional six-month periods, subject to the approval of the supplier and the City Manager or his
designee Funds have been budgeted by the Gas Department in FY 04/05.
****************************************************************************
BACKGROUND:
Purpose:
The Gas Department installs these meters to record the amount of
natural gas used by customers. The majority of these meters will
bc used for the pilot area of the City's automated lneter reading
(AMR) initiative. They are capable of transmitting customer
consumption of gas via the City's Wi-Fi network.
Bid Invitation Issued:
II
Bids Received:
Previous Contract:
Tile option to extend the previous contract was not exercised due to
changes to specifications, therefore requinng the City to issue new
bid invitations.
Price Analysis:
No price history available due to an upgrade of the meter regarding
AMR capabilities.
Award Basis:
Low Bid Meeting Spccifications
Bids received from National Meters, Inc., Lancaster, OH and Actaris
U.S. Gas, Owenton, KY., do not meet specification requirements
regarding the design of the meter register to accommodate a direct
mount to the hexagram STAR meter transmitting unit (MTU). The
hexagram Star MTU is thc AMR device that a~taches to the me/er that
allows for the meter to bc read electronically.
Funding:
Gas Department
52(}150-4130-34130
$91,000
Procurement and General Services Manager
4
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving the purchase of thirty workstations from Corporate
Express of Texas, Inc., Corpus Christi, Texas in accordm~ce with the US Communities Government
Purchasing Alliance for the total amount o£$71,261.26. The furniture will be used by the Utility
Business Office and the Call Center. Funds are available in the City Hall CIP Fund.
Purpose:
Award Basis:
Thc modular workstations will be installed on the first floor of City Hall and
used by the Utility Business Office and Call Center employees.
Thc fhrniture is purchased under the US Communities Govermnent
Purchasing Alliance, contract number RQ01-411313-16B with Herman
Miller, Inc. Pnrchases made under the US Communities Govermnent
Purchasing Alliance satisfy all competitive bidding requirements. Corporate
Express of Texas, Inc., (Corporate Express) is the local Herman Miller agent
and will be thc installing and servicing representative for the City.
Funding:
City Hall CIP Fund
550720-3160-00000- I 10425
Procurement & Gen~ d Services Manager
$71,261.26
City of Corpus Christi
Purchasing Division
Bid Tabulation
2/8/2005
Herman Miller Office Furniture
US Communities Contract No. RQ01-411313-16B
Twelve Workstations for
Utility Business Office
including worksurfaces,
file drawers, panel boards
and chairs
Qty Unit
1 lot
Corporate Express
Corpus Chdsti, Texas
(Herman Miller local distributor)
Total
$ 33,062.62
Eighteen workstaions for
Call Center including
worksuffaces, file drawers,
panel boards and chairs.
I lot
38,198.64
Award Total $ 71,261.26
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/08/05
AGENDA ITEM:
A. Resolution authorizing the City Manager, or his designee, to accept a grant from the Texas
Department of Public Safety in the amount of$13,600.00, for hazardous materials emergency
preparedness planning activities, in the no. 1062 Fire Grants Fund.
Appropriating $13,600.00 from the Texas Department of Public Safety in the no. 1062 Fire
Grant Fund for hazardous materials emergency preparedness planning activities; and
declaring an emergency.
ISSUE: The City of Corpus Christi and Nueces County have significant amounts of hazardous
chemicals being manufactured and/or transported within their boundaries. With the vast amount of
chemicals, comes the likelihood of accidents. To ensure that our emergency responders are properly
trained and prepared for these accidents, it is essential to conduct training exercises. The general
public also needs to be provided with information which will assist them in developing a personal
safety plan for hazardous chemical incidents.
q'he grant will allow us to conduct a Spring Public Awareness Campaign on Hazardous Chemical
Incidents. The campaign will begin with the distribution of 86,000 brochures as an insert in the City
of Corpus Christi Utility bill. This will be followed up with a TV and radio media blitz by producing
several info mercials. Over 500 TV and radio spots are planned to be aired.
The total project cost is $16,320.00 and requires a hard or soft match of 20% ($2,720.00). Funds for
the hard match have been budgeted by the Local Emergency Planning Committee in the FY 2004-
2005 budget.
REQUIRED COUNCIL ACTION: Council approval.
PREVIOUS COUNCIL ACTION: On October 19, 2004 Council approval a resolution authorizing
the City Manager, or his designee, to submit a grant application to the Texas Department of Public
Safety Division for Hazardous Materials Emergency Preparedness Planning.
CONCLUSION AND RECOMMENDATION: Staff recommends approving the ordinance to
appropriate a grant in the amount of $13,600.00 received fi-om the Texas Department of Public
Safety Division of Emergency Management for Hazardous Materials Emergency Preparedness
Planning.
Attachments: ~rmad~n ~
1. Resolution and Ordinance
2. Award Letter
3 Contract
BACKGROUND INFORMATION
The Local Emergency Planning Committee (LEPC) has approved to accept the grant from the Texas
Department of Public Safety and has also approved the expenditure of funds for the match
requirement.
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
AuXin, Tc~ts 7 ST'/3-0220
~ 12~24-21~8
-424 -22T7 Nor,-D~
512-424.2444
lq. ~ Blvd.
A~.~hx, TMM 787J2
att. vE,N Md:RAw
I~emr
3&C]( COLLKY
January 10, 2005
Mr. Rick Ramos
City of Corpu~ Christi LEPC
2406 Lt.o~d, Su~ 300
Corpus Christi, Tex~ 78408
I ~n pb,,~.d to inform you thai your Hazanions Materie{z F::anetgen~' lh~m~:lne~s planning grant
applicelioa In condu~t couunu~ity cdur. a6on outreach end couduct · chemical qlfll exe~ise/drill has been
al~,oved by lh~ Sta~ Fanm~mcy P. esponse Commi~ion (SEi~.C) for mm awed of S13.6(IO.00. This grant
I~s been aw.a~l~l I~.~:~ o~ the Cit~ or' Corpu~ Christi LE:PC q:~pllcadon submh'ted on Oclnb~ 3 O, 2004.
The SERC has d,d~,,gned Ii~t this gram award is te~'~ed to your jutisdictmn m~fi! February 9. 2005.
Both cepies of' Ibe 8rsnt conlra~ mu~t he signod by yom' li.w. al age~ a~! mt~med to the Governor's
Divi.~m of Emergency M.%n~-m~'uL, no l~ter th~ 5:00 p~. on Feb~ary 9, 2005. We will remr.
cop-/upon final exccution by IBc
You may ~ubmit bills for r¢imbunement of aetboriz~l expe~lttures mont~ or m &~ ~ in~,t~ ~g
with ~ ~n ~ ~ cm~l~d ~ and/or ~i~. All ~j~ m~ ~ c~plc~
by Au~ 31, 2005.
If you ]~vc any que~lonm, please call my prog~.m manager, [Vir. F,~dwiu B. Sta~le~ .r (512) 424-$985.
cc: Edwin B. Staples, EMS
Come~ Russell, EMS
Denim Powell, EMS
EBS My Do,=um~t~"'~"Y O~'//.,EPC App~ov~k
RESOLUTION
AUTHORIZING THE CiTY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC
SAFETY IN THE AMOUNT OF $13,600.00, FOR HAZARDOUS
MATERIALS EMERGENCY PREPAREDNESS PLANNING ACTIVITIES,
IN THE NO. 1062 FIRE GRANTS FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a grant from the Texas Department of Public Safety in the amount of $13,600.00, for
hazardous materials emergency preparedness planning activities, in the No. 1062 Fire
Grants Fund.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
,2005.
Samuel L. NeaI, Jr.
Mayor
By:
Joseph~mey
Assistant City Attorney
For City Attorney
Reaot~rant-DPS
2
Corpus Christi, Texas
of ,2005
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
AN ORDINANCE
APPROPRIATING $13,600.00 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY IN THE NO. 1062 FIRE GRANTS FUND FOR
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
PLANNING ACTIVITIES; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $13,600.00 from the Texas Depa, b.ent of Public Safety is
appropriated in the No. 1062 Fire Grants Fund for hazardous materials emergency
preparedness planning activities.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 8rn day of February, 2005.
ATTEST:
THECITYOFCORPUSCHRISTI
Armando Chapa
Ci~ Secretary
APPROVED: ~.J~.~,..~ .~ ! , 2005
Samuel L. Neal, Jr.
Mayor
By:
Assistant City Attorney
For City Attorney
Ord-A,opro-DPS-eppa
2
Corpus Chdsti, Texas
__ day of ,2005
TO THE MEMBERS OF THE CI'I-Y COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/08105
AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of
$49,998 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime
to enforce underage ddnk]ng laws and to prevent youth access to, and illegal use of alcohol, with
a City match of $23,800, for a total project cost of $73,798, and authorizing the City Manager or
the City Manager's designee to apply for, accept, reject, alter or terminate the grant.
ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City
of Corpus Chdsti has been and continues to be of significant concern in the community. The
program will address this problem and enhance the enforcement of underage ddnking laws.
BACKGROUND INFORMATION: The TABC is offedng funding for projects to prevent minors
from purchasing and consuming alcohol. The purpose of the program is to increase the State's
ability to effectively enforce underage ddnking laws and to prevent youth access to and illegal
use of alcohol. The grant funds overtime officers who work in conjunction with TABC. The funds
would be used to I=urther our efforts in the following areas:
· Target establishments suspected of a pattem of violations of state laws
· Inform both establishments and minors of the consequences of illegal sales and
purchases;
· Prosecute those who illegally sell and purchase alcoholic beverages.
· Promote a strong and consistent message concerning the consequences of underage
drinking.
REQUIRED COUNCIL ACTION: Approval to submit the grant application.
PREVIOUS COUNCIL ACTION: Approval of five other TABC underage ddnking applications from
1999 - 2003
FUNDING: State funding of $49,998 provides for 1,174 overtime enl=orcernent hours and fringe
benefits. The Law Enforcement Trust Fund provides $23,800 for office supplies, training travel,
vehicle lease and confidential funds. Funded applicants must provide a 25% project "match"
either by cash contribution or Ihe value equivalent of in-kind contributions.
CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant
application,
P. Alva~
Chief of Police
Attachments: Grant application
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF
$49,998 TO THE STATE OF TEXAS, TEXAS ALCOHOUC BEVERAGE
COMMISSION FOR THE FUNDING OF OVERTIME TO ENFORCE
UNDERAGE DRINKING LAWS AND TO PREVENT YOUTH ACCESS TO, AND
ILLEGAL USE OF ALCOHOL, WTTH A CITY MATCH OF $23,800 IN THE NO.
106t TRUST FUND, FOR A TOTAL PROJECT COST OF $73,798.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. The City Council hereby authorizes the submission of a grant
application in the amount of $49,998 to the State of Texas, Texas Alco~lic
Beverage Commission for the funding of overtime to enforce underage ddnldng
laws and to prevent youth access to, and illegal use of alcohol.
SECTION 2. The City of Corpus Christi will provide matching grant funds in the
amount of $23,800.
SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus
Chdsti assures that the funds will be returned to the Texas Alcoholic Beverage
Commission in full.
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secrelary
Samuel L Neal, Jr.
Mayor
Legal form approved
Mary Kay Fischer
City Attorney
Assistant City Attorney
XASi
ENFORCING THE UNDERAGE DRINKING LAWS
GRANT APPLICATION COVERSHEET 2005
1 Legal name of organization applying: CitY oi'Comus
Chrish
8, Title of Project: Enforcmcl the Undera(~e Ddnktha Laws
2 D~sion or unit wflJ~in the applicant organization to
administer the project: Police Department
9. Funding apptied foe
Enforcing the Underlie Drinking Laws (84000 & ~6000)
CFDA # 16-727
3. Official applicant mailing address: (ff a PO Box,
p~ase aTso list en alternative physic~ address.)
4 P.O. Box 9016. 321 John Sartain
5. Comus Chdsti. Texas 78469
10. Grant Pe~od:
June 1, 2005- May31, 2006('12 mo~s)
4. Person TABC should contact to answer sp,ec~fic
questions about the application:
Name: Pat P Eldridc~e
Ti'de: Police Adminisb-ahon Manage~
Address p. O. Box 9016
Address: Corpus Chnsti, Texas 78469
Telephone Number 361-886-2696
Fax: 36 lq~-2607
E-mail: pat~cc~exas.com
5. Total Funding Requested:
TAlC ReQuest + Aqonc¥ Match = Total Cost
$ 49,998 + $ ~3,800 = $ 73.798
11 County wfle~e headquarters are based: Nuec?s
Populabon of the county where headquarters are based:
Nue~es
Crbes and counties in the services area of the project and
the population of each: Comus Christi 275,000
12 Is this a continuation grant? no
Ii: so, how many years has it been previously AJnded?
6 Agency's State Payee/Employer identification Number:
74-6000-574-1
13 If this is a local or regional project, list regional COG
submitted to: Coastal Bend Council of Governments
7 Is the applicant delinquertt on any state or federal debt?
Yes [] No []
14. COG Applicant Ide~tifiec __
15 If the project is statewide, on what date was ~e cepy of
the application submitted for TRACS Review? 02./15~)5
16. To the best of my knowledge, all information in this application is true and con'ec~. The application has been duly
authorized by the governing body of the applicant and the applicant agrees to comply with all TABC rules, including the
attached assurances, n' awarded.
George K. Noe, City Manager
Typed Name and Title o1' ~ Authorized Signature of the Authorized
Official Official Date Signed
Desiqnafion of Grant Officials
Project Trde: Enforcing Underage Ddnldng Lav~
Legal name of Grantee: City of Corpus Chdsti
Prolect Dlrec~o,r
[] Mr. [] Mrs.
P. AIvarez, .Jr.
Project Director Name (Type or Print)
P. O. Box 9016, Corpus Christi, Texas 7846g
Agency Mailing Address
palva rez(~lcctexa$.com
E-Mail Address
361-886-2604
Telephone Number (Ex'tens/on)
Chie[ of Police
Title
361-886-2607
Fax Number
Financial Officer
[] Mr, [] Mm.
Cindy O'Bden
Financial Officer Name (Type or Pdnt)
P O. Box g277, Corpus Chdsti, Texas 7846g
Agency Mailing Address
cindy~exas.com
E-Mail Address
Telephone Number (Extension)
Finance Director
Title
361~80-3601
Fax Number
Author/zed Of/lc/al
[] Mr. [] Mrs.
George K. Noe
Aulhodzed Official Name (Type or Pdnt)
P. O. Box 9277. Corpus Chdsti, Texas 76469
Agency Mailing Address
Georgen~cctexas.com
E-Mail Address
361-880-3208
Telephone Number (Extension)
City Manager
Title
361-~80-3839
Fax Number
The position designated by the authorized official to request grant adjuab,rents is the (select one):
[] Financial Officer [] Project Director
FEDERAL ASSURANCES
COMPREHENSIV~ CERTIFICATION
This certification is a matedal representation of fact upon which reliance was placed with the agency determined
to award the grant. If it is later determlned that the grantee knowingly rendered an erroneous cerlification, the
agency, in addition to any other remedies available to the federal government, may lake available action.
If this application is for federal funds in excess of $100,000, I certify to the best of my knowledge and belief:
1. No I~ederal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee o[ any agency, a member of Congress, an officer or employee of Congress, or
an emptoyee o[ a member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entedng into any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement;
2. I[ any non-federal funds have been paid or wilt be paid to any person for inl'luencing or attempting to influence
an officer or employee of any agency, a member of Congress, an o[ficer or employee ol' Congress, or an
em~oyee of a member of Congrass in connection with this federal contract, grant, loan, or cooperative
agreement the undersigned shall contact TABC or your local ceuncil o[ governments for the 'Disclosure Form to
Report Lobbying," and
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers and that all sub-recipients shall certify accerdingly.
If this application is for federal funds, I certify that to the best of my knowledge and belief:
1. The applicant certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions thai will be lakee against employees for violation of such prohibition.
B.Establishing a drug-frae awareness program to infon'n employees about:
1. the dangers of drug abuse in the workplace;
2. the applicant's policy of maintaining a drug-tree workplace;
3. any available drug counseling, rehabilitation, and employee assistance programs; and
4. the penalties thai may be imposed upon employees for drug abuse violations.
C. Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (A).
D. Notifying Ihe employee in the statement required by paragrapl3 that. as a condilion of employment under
the grant, the employee will:
1. abide by the farms of the statement, and
2. notify the employer of any criminal drug statute conviction for a violation occurring in the worlq31ace
nol laler than five days after such conviction.
E. Notifying the agency within ten days after receiving nolice under subparagraph (D)(2) from an employee
or
othen,~se receiving actual notice of such conviction.
F. Taking one of the following actions with respect to any employee who is .so convh::ted:
(Page 2 Federal Assurances: Comp~hensive Certir~ca~fon)
1. taking appropriate pemonnel action against such an employee, up to and including termination; or
2. requiring such employee to participate satisl'actodly in a drug abuse assistance or rehabilitation
program
approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate
agency.
Making a good I~aith effort to continue to maintain a drug-frae workplace through the implementation of
paragraphs (A), (B), (C), (D), (E), and (F)
En[orcing Underage Ddnking Laws
Project Title
City of Corpus Christi
Applicant Organization
George K. Noe, City Manager
Pdnted Name and Title of Authorized O~al
Signature ol~ Ihe Authorized Oh3cial Date
(Page 3 Federal Assurances: Additional Certifications)
PART I-IV (ADDITIONAL FEDERAL CERTIFICATIONS)
PART I: AUDIT CERTIFICATION -ANNUAL REPORTING REQUIREMENT
Audits of state and local units of government, institutions of higher education, and other non-prat-it institutions
must comply with the organizational audit requirements of OMB circular A-133, which states that recipients who
expend $500,000 or more of [ederal funds dudng their fiscal year are required to submit an organization-wide
financial and compliance audit report within 9 months after the close o[ each fiscal year during the term of the
awan:l to the Federal Audit Clearinghouse.
I cerl~y one of the following (initial one only):
[] The applicant agency corrently expends federal tunding o[ $500,000 or more and, Ihere[ore, is required to
submit an annual single audit by an independenl auditor made in accordance with Ihe Single Audit Act
Amendments of 1996 and OMB Circular A-133.
[] The applicant agency currently expends combined federal funding o[ less than $500,000 and there[ore is
exempt from the Single Audit Act and cannot charge audit costs to this grant. I understand, however, that TABC
may require a limited scope audit as defined in OMB Circular A-133.
PART Il: EQUAL EMPLOYMENT OPPORTUNrI'Y PLAN
To ide,,6[y your type of o~ganiza~fon, please initial one of the following:
Type I Entity
Educational/medical/non-profit institution/Native AmeriCan Tribe --certification required (initial below); EEOP
NOT required.
[] I certify this organization is a Type I Entity. This entity will comply with the pe:)hibitions against discrimination
in any program or activity (28 CFR § 42.203), is not required to maintain an Equal Employment Opportunity Plan
(EEOP), but will comply with equal employment opportunity p~'ogrem guidelines of the Department of Health and
Human Services (28 CFR 42.302),
[] I am unable to certify the above statement and have attached an explanation to this application.
OR
Type II Entity
All other recipients receiving less than $25,000 -certification required (initial below); EEOP NOT r~*quired.
[] I certify this organization is a Type II Entity. This entity will comply with the i:~'ohibitions against discdminalion
in any pmgrarn or activity (28 CFR § 42.203), but is not required Io maintain an EEOP (28 CFR42.301 et seq.),
OR
(Page 4 Federal Assurances: Ad~ttional Certifications)
Type III Entity
All other recipienis receiving moro than $25,000, but not more than $.500,000 -certification required (in,iai
below); organizations must maintain EEOP on file for possible audit if the organization has more than 50
employees.
[] I certify this organization is a Type III Entity thai employs less than 50 people. This entity will comply with the
prohibitions against discrimination in any po:)gram or activity (28 CFR § 42.203), but is nol required to maintain
an EEOP (28 CFR 42.301 et seq.);
[] I certify this organization is a Type Ill Entity that employs 50 or mom people. This entity will comply with Ihe
prohibitions against discrimination in any program or activity (28 CFR § 42.203), and has formulated an equal
employment opfl~rtunity program (28 CFR 42.301 et seq.), that is on file in the office of
(~nsert organizatton name here).
OR
Type IV E.tity
For-profit entities and state and local govemments receiving $500,000 or moro -certification roquimd (initial
below); the organization must sub. it an EEOP Io Office I~or Civil Rights (OCR) for approval.
[] I certify this organization is a Type IV Entity. This enlJty will comp{y with the prohibitions against
discrimination in any program or activity (28 CFR § 42.203), and has formulated an equal employment
opportunity program (28 CFR 42.301 et seq.), that will be submitt, ed to the Office [or Civil Rights, Offico of
Justice Programs, Department of Justice, for approval upon award of a grant.
PART II1: DEBARMENT CERTIFICATIOL' .~NNUAL REPORTING REQUIREMENT
If this appllcadon Is for federal funds in exc_~__ of $15,000, I certify that (Inldal one only):
[] By submission of this proposal, that neither the applicant agency nor its principals aro pre~ntly debarred,
suspended, proposed for debarment, declared Ineligible, or voluntarily excluded Eom participation in this
Iransactlon by any federal department or agency.
[] I am unable to certify the above statement and have attached an explanation to this application.
(Page 5 Federal Assurances: Additional Certifications)
PART IV: S~GNATURE
Applicants must c~mplete this form and submit it to TABC before they will receive state and/or federal funds.
Recipients of federal funds must tully uedeml, and and compiy with the requirements lis~ed on this document.
Failure to compiy may result in Ihe withholding ol~ funds, terminaticm or the award, or other sanctions.
Enforcing Underage Ddnking Laws
Project 'l-itle
City of Coq)us Chdsti
Applicant Organization
George K. Noe, City Manager
Pdnted Name and Title of Authorized Official
Signature or the Authorized Offmial Date
STATE ASSURANCES
(State Uniform Administrative RequJremerr~ fo~ Gtanf~ and Cooperative Agreements, Subpart B, Pre-
Award Requlremet~, Sec. .f4. January 2001)
In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-
through or other state-appropriated funds. These assurances are as follows:
(1) A grantee must comply with Texas Govemment Code, Chapter 573, Vemon's 1994, by ensudng that no
offmer, employee, or member of the applicant's govemiug body or of the applicant's contractor shall vote or
confirm the employment of any person rotated within the second degree o1 affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or employee authorized to employ or
supervise such person. This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a pednd of h~ years, or such other peded stipulated by local law, prior to the
election or appointment ot the officer, employee, or govemiag body member related to such person in the
prohibited degree.
(2) A grantee must insure that all information collected, assembled or maintained by the applicant relative to a
project will be available to the public dudng normal business hours In compliance with Texas Government Code,
Chapter 552, Vemon's 1994, unless otherwise expressly prohibited by law.
(3) A grantee must comply with Texas Govemment Code, Chapter 551, Vemon's 1994, which requires all
regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided
by law or specifically permitted in the Texas Constitution
(4) A grantee must comply with Section 231.006, Texas Family Cede, which prohibits payments to a person who
is in arrears on child support payments.
(5) No health and human services agency or public safety or law eni'orcement agency may contract with or issue
a license, certificate or pen'nit to the owner, operator or administrator ol~ a facility if the license, permit or
certif'mate has ~c~ revoked by another health and human services agency or public sal=ety or law eni~orcement
agency.
(6) A grantee that is a law enforcement agency regulated by Texas Govemment Code, Chapter 415, must be in
compliance with all nJlas adopted by the Texas Commiss~n on Law Enforcement Officer StandanJs and
Education pursuant to Chapter 415, Texas Government Code or must provide [he grantor agency with a
certification from the Texas Commission on Law Eflfoff:ement Officer Standaffls and Education that the agency
is in the process of achieving compliance with such rules.
(7) When Incorporated into a grant award or contract, standan:l assurances contained in the application package
become ten~s or conditions for receipt of grant funds. Administering state agencies and local sub recipients
shall maintain an appropriate contract edminlstraflon system to insure that all terms, conditions, and
specifications are met. (See Section __.36 for additional guidance on contract provisions.)
(8) A grantee must comply with the Texas Family Cede, Section 261.101 which requires reporting of all
suspected cases of child abuse to local law enforcement authofitJes and to the Texas Department of Child
Pretective and Regulatory Services. Grantees shall also ensure that all program personnel are properly [rained
and aware of this requirement.
(9) Grantees will comply with all federal statutes relating to nondiscrimination. These inctude but are not limited
tO: (a) Title VI of the Civil Rights Act of 19(H (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) '1~116 IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685-1686), which prohibits disc~mination on the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C, § 794), which prohibits discrimination on the bas~s of handicaps and the
Americans W~ Disabilities ACt o11990; (cl) the ,a41e Discrimination ACt of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the bas~ of age; (e) the Drug Abuse Offme and Treatment ACt of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drag abuse; (t') the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P,L. 91-
616), as amended, relating to the noediscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and
(Page 2 State Assurances)
527 of the Public Health Service Act o[ 1912 (42 U.S.C. 290 rid-3 and 290 ee-3), as amended, relating to
cont-Klentiality of alcohol and drug abuse palient records; (h) ~tle Viii of the Civil Rights ACt of 1968 (42 U.S.C.
§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any
other nondiscrimination provisions in the specific statute(s) under which application [or federal assistance is
being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
(10) Grantees will comply, as applicable, with the provisions o[ the Davis-Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C § § 276c and 18 US.C. § § 874), and the Contract Work Hours and
Se[ely Standards ACt (40 US.C. § § 327-333), regarding labor standards 1or federally assisted construction sub
agreements.
(11) Grantees will comply with requirements bi= the pmwsion5 of the Unil=on'n Relocation Assistance and Real
Property Acquisitions Ac{ o[ 1970 0°. L. 91-646) which provide [or t'air and equitable treatment of persons
displaced or whose property is acquired as a result of I'ederal or federally assisted programs. These
mcluirements apply Io all inlerests in real prepedy acquired [or project purposes m=,gardless of federal
padicipation in purchases.
(12) Grantees witl comply with the Fovisions o[ the Hatch Political Activity Act (5 U.S.C..§ 7321-;Z9) which limit
the political activity of employees whose principal employment activities are funded in whole or in part with
federal funds.
(13) Grantees will comply with lhe minimum wage and maximum hours provisions o[ the Federal Fair Labor
Standards Act and Ihe Inlergoveremental Personnel ACt ol~ 1970, as applicable.
(14) Grantees will insure that the facilities under its ownership, lease or supervision which stroll be utiltzed In the
accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list o[ Violating
Facilities and that it will notify the I=ederal grantor agency of the receipt of any communication from the Direct. or
of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA (EO 1173.8).
(15) Grantees will comply with the flood insurance ppn;hase requirements of 102(a) of the Flood Disaster
Protectiee Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase o1' flood insurance in
communities where such insurance is available as a condition for the receipt of any federal financial assistance
for construction or acquisition proposed for use in any area that has been identified by the Secretary of the
Department o[ Housing and Urban Development as an ama having .special flood hazards.
(16) Grantees w~ll comply with environmental ~andards which may be prescribed pur~ant to the lollow~ng: (a)
institution ol environmental quality central measures under the National Environmental Policy Act of 1909 (P.L.
91-190) and Executive Order (EO) 11514; (b) natification of violating facilities pursuant to EO 11738; (c)
protection o[ v~tlands pursuant to EO 11990; (d) evaluation of flood hazards in Ooedplains in accordance with
EO 11988; (e) assurance bi= projec~ consistency with the approved state management program developed under
the Coastal Zone Management Act or 1972 (16 u.s.c. §9 1451 et seq.); (f) conformity ol' federal actions to State
(Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, es amended (42 U.S.C. §
7401 et seq.); (g) protection of underground sources o1: ddnldng water under the Safe Ddnkiag Water ACt of
1974, as amended (P.L. 93-523); and (h) protection of endangered spedes under the Endangered Species ACt
of 1973, as amended, (P.L. 93-205).
(17) Grantees will comply with the Wild and Scenic Rivers ACt o[ 196,5 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or polential components of the national wild and scenic dvers system.
(18) Grantees will assist {he awarding agency in assudag compliance with Section 106 ol= the National Histodc
Preservation Act of 1968, as amended (16 US.C. 470), EO 11593 (identifical. ion and protection of histodc
properties), and the Archaeological and Histodc Preservation ACt of 1974 (16 U.S.C. 469a-1 et seq.).
(Page 3 State Assurances)
(19) Grantees will comply with the Laboratory Animal Welfare Act o1:1966 (P.L. 89-544, as amended, 7 U.SmC.
2131 et seq.) pertaining lo the care, handling, and treatment of warm blooded animals held for re.seard~,
teaching, or other activities supported by this award of assistance.
(20) Grantees will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
(21) Grantees will comply with Public Law 103-277, also known as the Pm-Children Act of 1994 (ACt), which
prohibits smoking within any portion of any indoor facility used for the provision of services for chih:lren as
defined by the ACt.
(22) Grantees will comply wflh all federal tax laws and are solely responsible for ~ling all r~'~luired state and
federal tax forms,
(23) Grantees will comply with all applicable requirements of all other federal and state laws, executive orders,
regulations and policies governing this program.
(24) The applicant must certify that [hey are not debarred or suspended or otherw~so excluded trem or ineligible
for padicipation in federal assistance programs.
(25) Grantees must ado~ and implement applicable provisions of the model HIV/AIDS work ~aca guidelines ot
the Texas Department oi' Health as required by the Texas Health and Sat~ely Code, Ann., Sec. 85.001, et seq.
STATE SINGLE POINTS OF CONTACT/LOCAL COUNCIL OF GOVERNMENTS
Executive Order 12372 requires applicants from state and local units o[ government or other organizations
providing services within a state to submit a copy of the application package to the State Single Point of Con/act
(SPOC). Local units of government applying for a state grant should submit a copy otthe application package
to Iheir local Council of Govemmen[ (COG) for review.
SIGNATURE:
Applicants must complete this fo~n and submit it to TABC bel~or~ they will receive [ederal funds.
Recipients of [ederal funds must fully understand and comply with the mquiroments listed on this document.
Failure to comply may result in the withholding or funds, [en'nination o[ [he awan:l, or other sanctions.
Enfoming Underage Ddnldng Laws
Project Title
City of Corpus Chdsti
Applicant Organization
George K. Noe, City Manager
Pdnted Name and Title ot Authorized Official
Signature of the Authorized Official Date
Non-Profit Information Form
Part I: Initial Reportinq Requirements
The following information regarding the non-profit corporation is required from each non-profit
corporation applying for a TABC grant.
· Year in which the corporation was
founded:
· Date that the IRS letter granted 501 (c)(3) tax exemption
status:
· Employer Identification Number assigned by the
IRS:
· Charter number and the date assigned by the Texas Secretary of State:
Charter No: Date:
· Attach the IRS 501 (c)(3) letter
Part I1- IdenOfvinq Orqanizational Information
In the space provided below, state the purpose of the organization as stated in the
Ar[ides of Incorporation or the Bylaws:
If any member of the board is related to one another or an employee of the non-profit
corporation, so indicate explaining the relationship:
Part II1: Sl(Inature Pa(le
All non-profit corporations applying for TABC grant funds that have not previously received a
TABC grant must submit a Non-Profit Information Form, Accounting System and Financial
Capability Questionnaire, and most recent financial statements (as requested in the
Accounting System and Financial Capability Questionnaire), with the application. Failure to
comply may result in denial of the grant award.
Projec~ 'C~tle
Applicant Organization
Pdnted Name and T~tle of Authorized Official
Signature of [he Authorized Official Date
ACCOUNTING SYSTEM AND FINANCIAL CAPABILITY QUESTIONNAIRE
SECTION A: PURPOSE
The financial responsibility of grantees must be such that the grantee can property discharge
the public trust, which accompanies the authority to expend public funds. Adequate
accounting systems should meet the ~'ollowing criteria as outlined in the "Uniform Grant
Management Standards (UGMS), OMB "Common Rule" and OJP manual, "Financial and
Administrative Guide for Grants."
Accounting records should provide information needed to adequately identify the
receipt of funds under each grant awarded and the expenditure of funds for each
grant. These records must contain information pertaining to grant or sub grant awards
and authorizations, obligations, unobligated balances, assets, liabilities, outlays or
expenditures, and income.
Entries in accounting records should refer to subsidiary records and/or documentation
which support the entry and which can be readily located.
The accounting system should provide accurate current financial reporting information.
The ac~counting system should be integrated with an adequate system of internal
controls to safeguard the funds and assets covered, check the accuracy and reliability
of accounting data, provide operational efficiency, and encourage adherence to
prescribed management policies.
copy; otherwise, complete the following items:
a. VVhen was the organization founded/incorporated?
Secl~on B: General
If your organization publishes a general information pamphlet setting forth the history,
purpose and organizational structure of your business, please provide this office with a
b. Financial Officer and Title:
month day year
c. Employer Identification Number
d. Number of Employees: (Full lime Part time )
2. Is the organization affiliated with any other organizations? [] YES [] NO (choose one) If
"yes", provide details:
Total Revenue in the most recent accounting period. (12 months) $ __
(Pa~e 2 AccounbY~j System and Financial Requirements)
SECTION C: ACCOUNTING SYSTEM
Choose the appropriate response: YES NO (or NIA if available)
1 Has any government agency rendered an official written opinion concerning the
adequacy of the accounting system for collection, identification, and allocation of costs
under federal contracts/grants'> [] YES [] NO
a. If yes, provide name and address of agency providing review, and ar[ach copy of the
official wrilten opinion:
Note: if the review occurred within the past three years, omit questions 2 - 9 of this
Section and Section D.
Choose the appropriate response:
2. Which of the following best describes your accounting system?
[] Manual [] Automated or [] Combination
Does your organization use a double-entry system in accounting for project funds?
[] YES [] NO or [] N/A
Does your accounting system identify the receipt and expenditures of project funds
separately for each contract/grant?
[] YES [] NO or [] N/A
Does your accounting system provide for the recording of expenditures for each grant
contract by the component project and budget cost categories shown in the approved
budget?
[] YES [] NO or [] N/A
Are time distribution records maintained for an employee when his/her efforts can be
specifically identified to a particular cost objective?
[] YES [] NO or [] N/A
If your organization proposes an overhead rate, does the aocounting system provide for
the segregation of direct and indirect costs?
[] YES [] NO or [] N/A
Does your accounting/financial system include budgetary controls to preclude incurring
obligations in excess of:
a. Total funds available for the grant?
[] YES [] NO or [] N/A
b. Total funds available for a budget cost category (e.g. Salaries, Travel, etc.?)
[] YES [] NO or [] N/A
Is your organization generally familiar with existing regulations and guidelines containing
the cost principles and procedures for the determination and allowance of costs in
connection with awarded contracts/grants?
[] YES [] NO or [] N/A
(Page 3 Accounting System and Financial Requirements)
Section D: Fund Control
Choose the appropriate response: YES NO
t. Is a separate bank account maintained for grantJcontract funds?
[] YES [] NO
2. If grantJcontract funds are commingled with organization funds, can the grant funds and
related costs and expenditures be readily identified?
[] YES [] NO
3. Are the officials of this organization bonded? [] YES [] NO
Section E: Financial Statements
Choose the appropriate response: YES NO (or NIA if available)
1. Has an independent certified public accountant (CPA) examined your financial
statements?
[] YES [] NO
2. If an independent CPA review was performed, attach a copy of their latest report along
with any management letters issued and your responses.
if an independent CPA was engaged to perform a review and no report was issued,
please provide details and an explanation below:
If an independent CPA has never examined your financial statements, please develop
and provide this office with a copy of the following statements:
a. a de/ailed "Balance Shcc,"' for the most current and previous year;
b. a detailed "Income Statement" for the most current and previous year; and the
c. "Notes to the Financial Statements" for the most current and previous year.
Section F: Addil~onal Information
USE THIS SPACE FOR ANY ADDITIONAL INFORMATION (Indicate Section and Item
numbers if a continuation or attach additional pages)
(Page 4 Accounting System and Financial Requirements)
SECTION G: APPLICANT CERTIFICATION
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT TO THE
BEST OF MY KNOWLEDGE:
Typed Name:
Signature:
Organization Name:
Address:
Title:
Telephone Number:
CONFIDENTIAL FUNDS
Any applicant requesting purchase of evidence funds must read the conditions for
confidential funds as set forth in the effective edition of OJP's Financial Guide. These
conditions are available in the Appendix of this application Idt or at the following website:
http:llwww.oip.usdoi.qovlFinGuidelpart3-ch8.htm#wdttenprocedures
Please complete and return the following certification once these conditions are read. Failure
to submit this certification by applicants requesting purchase of evidence funds may result in
denial of the grant award.
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read, understand, and agree to abide by all of the conditions for
confidential funds as set forth in the effective edition of OJP's Financial Guide.
Project Director Signature: ~ ~
Organization: City of Corpus Christi
Project Title: Enforcing Underage Drinking Laws
7
AGENDA MEMORANDUM
City Council Action Date: February 8, 2005
SUBJECT: Clarkwood North Force Main Project (Project No. 7234)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract to King-Isles Inc. of Corpus Christi, Texas in the amount of $898,872
for the Clarkwood North Force Main Project.
ISSUE: The Clarkwood North Lift Station cannot accommodate current wastewater flows
due to infiltration and flooding as well as deterioration of the existing force main. In order to
maintain the wastewater system's integrity and comply with an enfomement order issued
by the Texas Commission on Environmental Quality, the Clarkwood North force main
needs to be replaced. The project has bid and is ready to begin the construction phase.
City Council action is required to complete the project.
FUNDING: Funds to finance the proposed project are available in the Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster CroWell
Director of Wastewater Services
Angel R. Escobar, P.E.
Director of Engineering Services
Additional Sul3port Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit"D" Location Map
BACKGROUNDINFORMA~ON
SUBJECT: Clarkwood North Force Main Project
(Project No. 7234)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Professional Services with Naismith Engineering, Inc. for a
total fee not to exceed $251,030 for the Clarkwood North Lift Station and Force
Main. (Motion No. M2002-416)
2. February 10, 2004 - Ordinance approving the FY 2003-2004 Capital Budget in the
amount of $173,624,300. (Ordinance No. 025647)
PRIOR ADMINISTRATIVE ACTION:
1. Februarv 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No,
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request [or Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
PROJECT BACKGROUND: The Clarkwood North Lift Station cannot accommodate
current wastewater flows due to infiltration and flooding. In addition, the existing 12" cast
iron I=orce main (which was installed in 1966) has deteriorated and reached the end of its
useful life. The Texas Commission on Environmental Quality (TCEQ) issued an
enforcement order to stop overflows at the manhole located at the intersection of Rand
Morgan and Leopard streets. In order to maintain the wastewater system's integrity and
comply with the TCEQ order, the Clarkwood North [orce main needs to be replaced by
June 7, 2005.
PROJECT DESCRIPTION: The project consists of a base bid only for a new 12-inch PVC
sanitary sewer force main along Leopard Street, which will be installed to convey sewage
to the west from the existing Clarkwood North Li~t Station to an existing 27-inch VCP line
on Turkey Creek. Also, a 10-inch PVC sanitary sewer force main will be installed along
EXHIBIT "A" I
Page 1 of 2
Clarkwood Road from the Clarkwood/Leopard intersection to Clarkwood North Lift Station.
The 10-inch force main will divert the flow from the Stillwell Lift Station to the Clarkwood
North Lift Station.
BID INFORMATION: The City received proposals from five (5) bidders on January 19,
2005 (see Exhibit "B" Bid Tabulation). The bids range I=rom $898,872 to $1,470,696. The
engineer's estimated construction cost for the project is $726,185. The City's consultant,
Naismith Engineering, and City staff recommend that the Total Base Bid be awarded in the
amount of $898,872 to King-Isles, Inc. of Corpus Christi, Texas for the Clarkwood North
Force Main Project. The bid submitted by Jhabores Construction of Corpus Christi, Texas
did not include the required Sections A-28, A-29, and A-30 of the specifications and is
therefore considered a non-responsive bid.
CONTRACT TERMS: The contract specil=ies that the project will be completed in 150
calendar days. Completion is anticipated by the end of August 2005.
EXHIBIT "A" I
Page 2 o1' 2
8 8 8 8 8 8 8 8 8 8 8 § 8 8 8
8
8
8
8
8
8
8
8
8 g 8 8 8 8 8 8 8 8 8 8 8
8
8 8 8 8 8 8 8
8 $ 8 8 8 8 8 8 8 8 8 8 8
8 8 8 8 8 8 8 8 8 8 8 8 8
8 8 8 8 8 8 8 8 8 8 8 8 8 $
8 8 8 8 8 8 8 8 8 8 8 8 8 ~
8 8 8 8 8 8 8
8 8 8 8 8 8
PROJECT BUDGET
CLARKWOOD NORTH FORCE MAIN
(Project No. 7234)
February 8, 2005
FUNDS AVAILABLE:
Wastewater ...............................................................
FUNDS REQUIRED:
Construction (King-Isles Inc.) .....................................
Contingencies (10%) ...................................................
Consultant (Naismith Engineering) .................................
Engineering Reimbursements .......................................
Construction Inspection Activity .....................................
Misc. (Printing, Advertising, etc.) ....................................
Total ........................................................................
$1,296,012.00
$898,872.00
89,887.00
251,030.00
22,063.00
26,966.00
7,194.00
$1,296,012.00
EXHIBIT 'C"
H:'~-IOME\Racl'~le\GEN~Waslewater~7234'~Pro~ecl Budget Page 1 of 1
File : \Mproject\councilexhibits~exh7234.dwg
NUECES RIVER
N
HWY 44
PROJECT LOCATION
CITY PROJECT No. 7234
SEDWICK RD
37
AGNES
L
CCIA
LOCATION MAP
NOT TO SCALE
EXHIBIT 'D'
CLARKWOOD NORTH FORCE MAIN
PROJECT
CITY OF CORPUS CHRISTI, TEXAS
CfTY COUNCT_L EXHT_BT_T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I o f 1
DATE: 02-01-2005
8
AGENDA MEMORANDUM
DATE: February 8, 2005
SUBJECT: Major Outfall Repairs - Phase 1 (Part A)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
DMB Construction from Corpus Christi, Texas in the amount of $351,087.80 for the Major
Ouffall Repairs - Phase 1, Part '%"
ISSUE: This project will provide for construction phase services necessary to complete
structural repairs to various manholes, pipe penetrations and cracks in several o[ the City's
major drainage structures.
FUNDING: Funds to finance the proposed project are available through the FY 2003-2004
Storm Water Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
Director of s[oP'J'V~ater Services
Escobar, P. E.,
or of Engineering Services
Additional Sul~l~ort Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Major Storm Water Outfall project.
PROJECT BACKGROUND: In October 2002, a section of the Blucher Arroyo Storm
Drainage Structure near Mesquite Street experienced a significant failure. In May of 2003,
two sinkholes occurred on Ocean Ddve and Santa Fe Street. As a result, the City of
Corpus Christi took the following actions under the Seawall contract:
1. Amendments 9 and 11 were initiated to perform immediate assessment, design and
high pdodty repairs to the Blucher box and the Ocean Ddve and Santa Fe Street
drainage structures. The assessment and design was completed by Shiner
Moseley and the construction and repairs were awarded to Laughlin-Thyssen
through a change order to their existing contract for work in the area. This project
has been complete.
Amendment 12 was executed with Shiner Moseley and Associates to perform a
Condition Assessment of an additional eight of the Major Outfalls in the downtown
area to determine the most sedous repairs needed. The drainage structures
investigated through that amendment included:
1) Windsor Park Culvert
2) Gollihar Culvert
3) Alta Vista Arroyo Culvert
4) Kinney Street
5) Power Street
6) Louisiana Culvert
7) Brawner/Proctor culvert
8) Water Street Horseshoe
The assessment for approximately 13 miles of the City's drainage system was
completed in January 2004 and presented in six bound volumes. Generally, with
the exception of specific locations, the overall condition of the intedor of the
structures ranged from goocl with no deterioration noted to fair with only minor
deteriorations of structural elements. However, there were some isolated areas in
poor to sedous condition which affected structural elements and required attention
or close monitoring. These are the targeted areas for repairs for Phase 1, Part A
and B, design and construction work.
Amendment No. 16 to the Seawall Reconstruction Project was approved in the City's Fiscal
Year 2003 - 2004 Storm Water Capital Improvement budget. This amendment provided
for design services, project modifications, and construction administration assistance for:
· Study, vedh/and implement design recommendations for Major Outfall Repairs
Phase 1 outlined in the Engineers' report (Parts 1-6 of 6, City Project No. 3127),
EXHIBIT "A"
Page 1 of 5
which provides a Condition Assessment of approximately 13 miles of the City's
drainage structures,
Crack Gauge installation and monitoring in the Gollihar and Brawner/Procter
Culverts, and
Blucher Arroyo Storm Water Drainage emergency repairs to the main cover
plate.
The location and description of the design work is as follows:
Windsor Park Culvert (0+00 to 1+00)
· Repair of wingwalls, headwalls, interior of structure under
Ocean Drive (crack repairs), and placement of new scour
apron.
Alta Vista Culvert (0+00 to 1+40)
· Repair of wingwalls, headwalls, intedor of structure under
Ocean Drive (crack repairs), and placement of new scour
apron. __
Kinney Street (Stations 1+50+ !o 2+18)
· Repairs of joints, cracks, damaged areas of existing inlet
line. These repairs will only be done "ups[ream" of the new
interceptor, currently being designed by others.
· Structural repairs for ceiling of junction vault.
Louisiana Culvert (22+25, 38+35, 0+48 L)
· Repair of incoming stormwater lines near culvert interface.
These repairs are required due to fractured, settled, or
damaged lines. Repairs to adjacent sidewalks, curbs, and
pavement will be required. Voids will be repaired with
excavation and lateral repairs.
Water Street (Stations 15+60 to 38+19)
· Repair of joints in area, breach in line, lateral line damage.
Voids will be repaired with excava_tion and lateral repairs.
PROJECT DESCRIPTION:
This project is part of the Cib/s Council pdodty listing of $55 million in Storm Water Capital
Improvements projects. This construction contract will provide for improvements to the
following locations:
· Water Street Storm Water Culvert - internal reinforced concrete pipe repairs,
concrete crack repairs, and investigations and potential plugging of small inlets. All
work will be conducted from within the culvert; no excavation will be required.
· Louisiana Storm Water Culvert - repairs to culvert inlet pipes and manholes in three
locations. Portions of the repair work will include excavation and street, curb/gutter
and sidewalk repairs.
EXHIBIT "A"
Page 2 of 5
Windsor Park Storm water Culvert and Ouffall - repairs and improvements include
scour remediation/protection at the out[all, structural concrete repairs and concrete
crack repairs.
The Kinney Street location will be repaired as part of the Downtown Drainage Improvement
project and the Alta Vista location will be bid and constructed under Part B, a separate
construction contract.
BID INFORMATION: The project consists solely of one base bid. The City received
proposals from one (1) bidder on January 19, 2005. (See Exhibit "C" Bid Tabulation) The
sole bid for this project was $351,087.80. The Engineer's estimated construction cost for
the project is $346,200.
The City's NE consultant, Shiner Moseley & Associates informed the City that this project
did not attract interest due to the fact that it requires skilled, experienced divers to work in
confined access and adhere to stdct requirements and safety issues necessary to perform
the repairs and inspections in the submersed sections of outfalls.
Shiner Moseley and Associates met with the sole bidder, DMB Construction, on January
14, 2005 to discuss the contractor's approach to the project and answer specific questions.
The Contractor's references were checked by the consultant and based on all of the
information complied, Shiner Moseley and Associates is recommending awarded of this
contract to the sole bidder. Therefore, due to the need to complete this project within a
timely manner and the limited possibility of attracting additional bidders with a project rabid,
Shiner Moseley and Associates and City staff recommend that based on sole bid and
satisfactory references and experience, that a construction contract be awarded to DMB
Construction of Corpus Chdsti, Texas in the amount of $351,087.80 for the Major Out[all
Repairs - Phase 1, Part A project.
CONTRACT TERMS: The contract specifies that the project will be completed in 130
calendar days, with completion anticipated by June 2005.
PRIOR COUNCIL ACTION:
1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds
(M97-347);
2. March 24, 1998 -
· Motion authorizing the execution of a contract in the amount of $36,804 with Bracco
Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084);
· Motion to authorize award of a seawall condition assessment in amount of $386,000
to Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for Geotechnical, Laboratory, and
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive
Investigation Services for the Seawall Investigation Project with W. G. Jaques
Company for a lee not to exceed $86,210 (M98-087).
EXHIBIT "A"
Page 3 of 5
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 5
for engineering services in the amount of $581,000 with Shiner Moseley and
Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and
Seawall Reconstruction Project B-1 (M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materials testing contract in an amount not to exceed $79,602 with Fugro South,
Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project
(Contract A) and Seawall Reconstruction Project B-1 (M2001-209).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 for engineering services in the amount of $87,700 with Shiner
Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-1 (M2002-022).
5. April 30, 2002
· Motion authorizing the City Manager, or his designee, to execute a construction
contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the
Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1
(M2002-124).
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7
with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional
construction inspection and management services contract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-125).
6. October 29, 2002
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 8
in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the
Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360).
· Motion authorizing the City Manager, or his designee, to execute a geotechnical
services contract in an amount not to exceed $126,820 with Fugro South, Inc
(M2002-361).
7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 9 in the amount of $84,748 Shiner Moseley and Associates, Inc. for
the Seawall Reconstruction Project (Blucher Arroyo Storm Water Drainage Structure
Condition Assessment.)
8. March 4, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute
Amendment No. 11 to the Engineering Services Contract with Shiner, Moseley &
Associates in the amount of $140,400 for the Seawall Reconstruction Project.
9. March 4, 2003 - Motion authorizing the Acting City Manager, or his designee, to award
Change Order No. 6 to Laughlin Environmental, Inc. of Houston, Texas, in the amount
of $167,785.00 for the Seawall Reconstruction Project.
t0. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 12 in the amount of $158,154 Shiner Moseley and Associates, Inc. for
the Seawall Reconstruction Project.
t l. Auqust 26, 2003 - Motion authorizing the City Manager, or his designee, 1o execute
EXHIBIT "A"
Page 4 of 5
Amendment No. 14 in the amount of $1,856,000 Shiner Moseley and Associates, Inc.
for the Seawall Reconstruction Project.
12. February 17, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 15 in the amount of $1,181,100 Shiner Moseley and Associates, Inc.
for the Seawall Reconstruction Project.
PRIOR ADMINISTRATIVE ACTION:
1. June 8, 1998 - Award of Amendment No. I (additional testing) in amount of $13,470 to
Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services
related to the Seawall Investigation Project;
2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in
amount of $14,350 of seawall condition assessment contract with Shiner Moseley
and Associates, Inc.;
3. Auclust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate
Structures) in amount of $-0- (change of scope) of seawall condition assessment
contract with Shiner Moseley and Associates, Inc.;
4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in amount of $14,350 of seawall condition
assessment contract with Shiner Moseley and Associates, Inc.; and
5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase) in amount of $13,330 of seawall condition assessment contract
with Shiner Moseley and Associates, Inc.
6. December 18, 2002 - Award of Amendment No. 10 (Connection Capacity and Dowel
Location Analysis) in amount of $13,000 of seawall condition assessment contract with
Shiner Moseley and Associates, Inc.
7. July 8, 2003 - Award of Amendment No. 13 in the amount of $24,950 for the seawall
condition assessment contract with Shiner Moseley and Associates, Inc.
FUTURE COUNCIL ACTION: Approval of construction contract to complete Part B of this
project.
FUNDING: Funds for this project are available from FY 2003-2004 Storm Water Capital
Improvement Budget.
EXHIBIT "A"
Page 5 ol~ 5
MAJOR OUTFALL REPAIRS - PHASE 1, PART A
PROJECT BUDGET
February 8, 2005
FUNDS AVAILABLE:
IStorm Water Capital Improvement Budget
ESTIMATED
BUDGET
$ 729,287.80
FUNDS REQUIRED:
Construction Cost (DMB Construction)
Construction Contingencies
Design Consultant (Shiner Moseley)
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising, etc.)
TOTAL FUNDS REQUIRED ................................................................ $
$ 351,087.80
35,100.00
280,600.00
10,000.00
50,000.00
2,500.00
729,287.80
EXHIBIT "B"
o ~o o
Exhibit "C"
Exhibit "C"
File : ~Mproject\councilexhibits\exh2206b.dwg
N
C£TY PROJECT No. 2206
LOCATION MAP
NOT TO SCALE
EXHIBZT "O"
MAJOR OUTFALL REPAIRS-PHASE 1,
PART A
CITr' OF CORPUS CHRISTI, TEXAS
CZTY COUNCIL EXHIBIT ~
OEP~T ~ ~NE~IN¢SERlflC~
PAGE: I of 1
_~.--
~: 01-25-2~5 ~
9
AGENDA MEMORANDUM
City Council Action Date: February 8, 2005
SUBJECT: Fair Oaks Drive Drainage improvements (Project No. 2207)
Leonard Drive/Mulholland Drive Drainage Improvements (Project No. 2172)
AGENDA ITEM: Motion authorizing the Cit~ Manager, or his designee, to award a
construction contract to Coastal Resources Ltd. of Corpus Christi, Texas, in the amount of
$544,823 for the Fair Oaks Drive Drainage Improvements and Leonard Drive/Mulholland
Drive Drainage Improvements for Base Bid A, Base Bid B and Additive Alternate C.
ISSUE: This project is part o[ the Council-approved Storm Water Capital Improvement
Program's $55 million list of priority projects. The project has bid and is ready to begin the
construction phase. City Council action is required to complete the project.
FUNDING: Funds to finance the proposed project are available in the Storm Water Capital
improvement Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
./~,,Va'l~.ie-~ r ay, P.E.
Director of Storm Water Services
Escobar, P.E.
Director of Engineering Services
Additional Sul~ort Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit"D" Location Map
BACKGROUNDINFORMATION
SUBJECT: Fair Oaks Drive Drainage Improvements (Project No. 2207)
Leonard Drive/Mulholland Drive Drainage Improvements (Project No. 2172)
PRIOR COUNCIL ACTION:
1. February 10, 2004 - Approval of the FY 2003-2004 Capital Budget in the amount of
$173,624,300. (Ordinance No. 025647)
2. October 12, 2064 - Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the contract for professional services with Naismith
Engineering Inc. of Corpus Christi, Texas, in the amount of $120,995, for a total
restated fee of $145,495, for Storm Sewer Extensions at the following locations:
Leonard Drive/Mulholland Ddve Drainage Improvements; Villa Drive Drainage
Improvements, Phase 1; Fair Oaks Ddve Drainage Improvements; Milky Way Ddve
Outfall Improvements; and Greenwood Park Area Drainage Improvements. (Motion
No. 2064-380)
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15. 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
6. September 20, 2004- Administrative approval of a small A/E agreement with
Naismith Engineering Inc. of Corpus Christi, Texas in the amount of $24,500 for
Storm Sewer Extensions at the following locations: Leonard Drive/Mulholland Drive
Drainage Improvements Fair Oaks Drive Drainage Improvements.
PROJECT BACKGROUND: This project is part of the Council-approved Storm Water
Capital Improvement Program's $55 million list of priority projects. Dudng the course of
developing the CIP priodty listing, consultants were hired to assess drainage in numerous
areas throughout the City. Based on the data, evaluations and cost estimates developed
through the consultants, the City developed a priority listing for implementation of the
improvements. Through the RFQ process, the City requested proposals and has opted to
hire numerous consultants to complete the $55 million CIP projects. The Amendment No.
1 to the contract with Naismith Engineering, which was approved by the City Council on
I EXHIBIT"A" I
Page 1 of 3
October 12, 2004, included improvements at the following locations:
1. Leonard Drive/Mulholland Drive Drainage Improvements (Project No. 2172)
2. Villa Drive Drainage (Agnes to Baldwin), Phase 1 (Project No. 2173)
3. Fair Oaks Ddve Drainage Improvements (Project No. 2207)
4. Milky Way Drive Out[all Improvements (Project No. 2212)
5. Greenwood Park Area Drainage Improvements (Project No. 2215)
The individual assessments completed by the prior consultants have determined that each
of the areas listed above has serious drainage issues. One area, Fair Oaks Drive, has
experienced severe flooding that has resulted in homes having water enter into them on
more than one occasion, making it a high-priority project.
For construction purposes, the Storm Sewer Extensions project has been divided into two
parts:
GROUP A:
i. Leonard Drive/Mulholland Drive Drainage Improvements
2. Fair Oaks Drive Drainage Improvements
GROUP B:
1. Villa Drive Drainage Improvements, Phase 1
2. Milky Way Drive Out[all Improvements, Phase 1
3. Greenwood Park Area Drainage Improvements
PROJECT DESCRIPTION:
Fair Oaks Drive Drainage Iml3rovements: Fair Oaks Drive is located in an area which is
naturally Iow. Pdor to the development of the subdivision, this was the natural valley which
eventually fed to the north into the Nueces River. It appears from the existing drainage data
that drainage from the surrounding subdivisions is all routed to an existing 60" storm sewer
which conveys the runoff to the north and into an existing box culvert system which
conveys the water across IH-37. Preliminary drainage assessments ot the area indicate
that the existing 60" storm sewer is inadequate to convey all the runoff. The storm sewer
capacity needs to be increased. Consequently, the Fair Oaks Ddve drainage improvements
will include the construction of approximately 855 linear feet ot 6' x 4' reinforced concrete
box culvert; 160 feet of 4' x 3' reinl~orced concrete box culvert; 230 feet of 24" reinforced
concrete pipe and various concrete inlets and structures.
Leonard Drive/Mulholland Drive Draina~3e Iml3rovements: Residents in the area of
Leonard Drive/Mulholland Drive have complained about drainage problems dudng minor
rain events. The existing drainage system is undersized and requires additional
conveyance capacity in order to get water away from the intersection. The drainage
improvements will include the construction of 170 feet of 24" reinforced concrete pipe,
filling and grading 80 feet of roadside ditch, building two new inlet structures and
connecting to two existing inlet structures.
EXHIBIT "A"
Page2ol'3 I
BID INFORMATION: The City received proposals from six (6) bidders on January 19, 2005
(see Exhibit "B"-Bid Tabulation). The bids range from $499,990 to $796,119. The
engineer:s estimated construction cost for the project is $477,000 [or the Fair Oaks Drive
drainage improvements and $50,000 for the Leonard Drive/Mulholland Drive drainage
improvements.
The apparent Iow bidder, James Chapman Construction Company o[ Corpus Chdsti,
Texas, withdrew their proposal on January 19, 2005, explaining that the bonding company
could not fully execute the bid bond. The proposal from Jhabores Construction Company
Inc. was determined to be non-responsive because the bid bond did not identify the project
as required.
The City's consultant, Naismith Engineering, and City staff recommend that the Total Base
Bid A, Total Base Bid B and Total Additive Alternate C be awarded to Coastal Resources
Ltd. of Corpus Christi, Texas, in the amount of $544,823 for the Fair Oaks Drive Drainage
Improvements and the Leonard Drive/Mulholland Drive Drainage Improvements.
CONTRACT TERMS: The contract specifies that the project will be completed in 90
calendar days. Completion is anticipated by May 2005.
EXHIBIT "A" I
Page 3 of 3
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PROJECT BUDGET
FAIR OAKS DRIVE DRAINAGE IMPROVEMENTS
(Project No. 2207)
LEONARD DRIVE/MULHOLLAND DRIVE DRAINAGE IMPROVEMENTS
(Project No. 2172)
February 8, 2005
FUNDS AVAILABLE:
Wastewater ..............................................................
FUNDS REQUIRED:
Construction (Coastal Resources Ltd.) ............................
Contingencies (10%) ...................................................
Consultant (Naismith Engineering) .................................
Engineering Reimbursements .......................................
Construction Inspection Activity .....................................
Misc. (Printing, Advertising, etc.) ....................................
Total ........................................................................
$782,298.00
$544,823.0O
54,482.00
145,495.00
18,897.00
16,345.00
2,256.OO
$782,298.O0
EXHIBIT "Cu
H:'~lOMEM~achelle\GEN~)rair~age~2207 & 2172~°ro~ect Budget Page 1 ol 1
~ Mprojec t ~ councilexhibit$ \ exh220 7. dw9
Jockson
Woods
Park
C£P PROJECT No. 2207
L OCA T T. ON MAP
NOT TO SCALE
EXHr_B~_ T "D"
FAT_R OAKS DR£VE DRAZNAGE £MPROVEMENTS
CI1¥ OF CORPUS CHRISTI, TEXAS
CZTY COUNCIL EXHIBIT
OEPAR~F_N'[OF ~GINE~ING
PAGE: I of 2
____--'-
DATE: 02/02/05
~Mproject \ councflexhibits \ exh220 7b,dwg
N
pROJECT
LOCATION
CZP PROJECT No. 2172
LOCAT.~ON MAP
NOT TO SCALE
LEONARD DRIVE / MULHOLLAND DRIVE
DRIVE DRAINAGE IMPROVEMENTS
CITY' OF CORPUS CHRISTI, TEXAS
EXHIBIT "D"
C_TTY COUNCT_L EXHT_BT_T ~
DEPARTMENT OF ENGINEERING SER~TCES
PAGE: 2 of 2
DATE: 02/02/05 ~
10
AGENDA MEMORANDUM
February 8, 2005
SUBJECT:
Woodlawn Drive Street Improvements
Final Assessment Roll
(Project No. 6140)
AGENDA ITEM: Ordinance amending Ordinance NO. 024905 passed and approved on
June 11, 2002, by amending Section 3 to adopt the final assessment roll and assessments
to be levied against the owners of property abutting on the following street;
Woodlawn Drive from South Padre Island Drive (SPID)
West Bound Frontage Road to McArdle Road
and declaring an emergency.
ISSUE: The Final Assessment Roll n~-_.ds to be adjusted to reflect actual cost and
requests, for adjustments. Council approval is required to amend the preliminary
assessment roll to reflect the cost of actual construction.
RECOMMENDATION: Staff recommends approval of the Ordinance as presented.
~i~u~gel R. Escobar, P. E.,
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit O.
Background Information
Project Location Map
Final Cost Summary
Final Assessment Roll
BACKGROUNDINFORMATION
SUBJECT: Woodlawn Drive Street Improvements (from SPID Road to McArdle Road)
(Project No. 6140)
BOND ISSUE 2000 PROJECT NO. C-2R
PRIOR COUNCIL ACTION:
1. Novef~ber 14. 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant
to Sec'don 4A of 'l'he 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 $398,314 with Coym, Rehmet &
Guflerrez Engineering, Inc. for the Neighborhood Street Reconstruction at he
following sites:
· Woodlavm Ddve
· Birmingham Street
· Lyons Street
· Brookdale Ddve
· Whiting Drive
· Annaville Road
3. /kohl 30. 2002 - Resolution determining the necessity for and ordering the
improvements of the following highway in Corpus Chdsfi, Nueces County, Texas for
the Woodlawn Drive Sl~'eet Improvements:
· Woodlawn Drive from South Padre Island Drive (SPID) West Bound
Frontage Road to McArdle Road
Specifl/ing Ihat 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 Se~ices to file a Notice of Proposed
Assessments with the Nueces County Clerk (Resolution No. 024853)
EXHIBIT "A' I
Page 1 of 2
4. April 30. 2002 - Resolution approving plans and specifications for the
improvements to the following highway in Corpus Christi, Nueces County, Texas for
the Weedlawn Drive Street Improvements:
· Woodlawn Ddve from South Padre Island Drive (SPID) West Bound
Frontage Road to Mc,~dle Road
Approving the Director of Engineering Services' Project Construction Cost Estimate
including an estimate of the portion of cost to be paid by the City and the portion to be
paid by assessments; setting a public hearing on these proposed assessments to occur
dudng the June 11, 2002 City Council Meeting; directing the City Secretary to arrange
to publish notice of this public headng; and ordering the Director of Engineering
Services to provide written notice of the public bearing to property owners (Resolution
No. 024854).
5. June 11,2002 - Public Headng on proposed assessment for improvements to the
following highway in Corpus Chdsfi, Nueces County, Texas:
· Woodlawn Ddve from South Padre Island Drive (SPID) West Bound
Frontage Road to McArdle Road
6. June 11, 2002 - Ordinance closing the public hearing on proposed assessments for
the improvements to the following highway in Corpus Christi, Nueces County,
Texas:
· Woodlawn Ddve from South Padre Island Drive (SPID) West Bound
Frontage Road to McArdle Road
Imposing assessments totaling $59,351.99 against property abutting the improvements,
affected railways, and property and railway owners; providing for subsequent
adjusl~nent of assessment amounts and the corresponding liens and charges based o
as-builts conditions; specifying assessment payment terms an lien enforcement
measures; and declaring an emergency (Ordinance No. 024905).
7. June 11. 2002 - Motion authorizing the City Manager, or his designee, to award a
constnJc'don contract in the amount of $439,796 with King-Isles, Inc. for Woodlawn
Drive from South Padre Island Ddve (SPID) West Bound Frontage Read to McArdle
Road (Motion No. M2002-168)_
PROJECT DESCRIPTION: This project consists of construction of 1,300 linear feet of
28-foot back-to-back pavement sidewalks, and driveways; 1065 linear feet of storm sewer,
1,225 linear feet of sanitary sewer, and 1,245 linear feet of water line together with all
appurtenances as shown on the plans and called for in the specifications.
PROPOSED FINAL ASSESSMENT: The preliminary assessment mil prepared at project
inception totaled $59,351.99. The construction bid was lower than expected, and dudng
construction, adjuslmenls were made to assessable items at property owners' requesL For
this reasons, Itm total assessment decreased to $54,609.49.
PRO~ECT LOCATION
~ ~ WOODLAI~N DR.
N
NAS
PROJECT No. 6140
LOCATIOM
Nor To
EXHZBZT
WOODLAWN DR. STREET ZIIIPROVEBENTS
FROM SPID TO McARDLE ROAD
CiTY OF CORPUS CHRISTI. TEXAS
CITY COUNCZL EXHZB.rT ~
PAGE: 1 of= I
COST SUMMARY
WOODLAWN DRIVE STREET IMPROVEMENTS
Thc Woodlawn Drive Street Improvements, project consists of improvements to the following
Woodiawn Drive Street Improvements
(fl~om SPID West Bound Frontage Road to McArdle Road)
The stre~ wm'e constructed by excavation to a width and depth to p~mit the hying of the
f~llowing pavemem section:
standard 6" curb & guttex ~tion;
9" lime stabilized flexible base
2.5 Type "D" Hot lVYtx asphaltic pavement
This street is 28-R. wide and constructed within the existing right-of-way_ There are 4-1~ wide
standard reinfomed concrete sidewalks, 4 inches thick. Six-inch thick concrete driveways were
constructed as shown on thc plans.
The assessment rates were calculated in accordance with the City's current assessment policy.
Based on this policy and low bid prices submitted by King-Isles, Inc., the rates are as follows:
Item
1. Curb, Gutter & Pavement
2. Sidewalk ~Front / Side
3_ Driveway
Commercial Adjusted
Bid Price Plus 8%
Engineering Cost
$26.76 per linear foot
$2_12 per square foot
$4_32 per square foot
Commercial
Assessment Rates
$19_50 per linear foot
$1.00 per square foot
$4.32 per square foot
Item
1_ Curb, Gutter & Pavement
2_ Sidewalk - Front
3. Sidewalk - Side
4 .Driveway
Total Bid Price
Final Assessments
City's Share
$ 439,796.00
$ 54,609,49
S 385.186.51
Residential Property,
Churches & School
$26_76 per linear foot
$2_12 per square foot
$2.12 per square foot
$4.32 per square foot
Residential
Assessment Rates
$9.75 pet linear foot
$1.00 per square foot
$0.50 per square foot
$4.32 per square foot
'Angel IL Escobar, P.E.
Director of Engineering Servic~
Final Assessment Roll - Woodlawn Dr.
W~aw~ Dr. - McA~le Rd, to S,P.I.D.
Project # 6140
Be~ln Woodla~m Dr. - We~t Side
From McfaCe Rd. Io S.P.£D.
Rm
P O. Box 72431 82.00L~. C.G. & P~I Q $19.50 $1.699.00
Co~'pg~ c/tr~e, TX 7847'2 272 DOS F.
O.OOS.F.
Lot 10~, Bleak ~
80.OOLF
000S F.
20 ~]L F.
206 OOS F
240.00S£.
000S.F.
000S.F
272.00S.F.
162 OOS F.
180 OOS.F
O.OOS.F
187 OOS.F.
O.OOS F.
S~N Side
s9.75
$1.oo
$4.32
P~,= 2 M 4
204.00L.F.
371.00S.F
67.00L.F.
Rm
Q $19.5~
~i ~4.32
= $653.25
$1.924.61
Pa~e 3 of 4 J
I' ~";"'~ """-I
Pa~e 4 o(4 ~
ORDINANCE
AMENDING ORDINANCE NO. 024905 PASSED AND
APPROVED ON JUNE 11, 2002, BY AMENDING SECTION 3 TO
ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS
TO BE LEVIED AGAINST THE OWNERS OF PROPERTY
ABU'I-rlNG ON THE FOLLOWING STREET: WOODLAWN
DRIVE FROM SOUTH PADRE ISLAND DRIVE (SPID) WEST
BOUND FRONTAGE ROAD TO MCARDLE ROAD; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Amending Ordinance No. 024905 passed and approved on June
11, 2002, by amending Section 3 to adopt the final assessment roll and
assessments to be levied against the owners of property abutting on the
following street: Woodlawn Ddve from South Padre Island Ddve (SPID) West
Bound Frontage Road to McArdle Road. A copy of the final assessment roll is
attached and incorporated as Exhibit A.
SECTION 2. That upon wd~ten 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 b, vo 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 Secretar~
APPROVED: February .~ ,2005
· Burke, Jr.
nt City Attorney
For City Attomey
Samuel L Neal, Jr.
Mayor
Corpus Chdsti, Texas
Day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of lhe 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
Joh.tlBulke~O~lR~o2005\ORDWoodlawn SLn:~I Ass~,.smaat.lla
Final A~mmmmo~t Roll - Woodlaw~ Dr.
Woodtaw~ Dr. - McArdle Rd. to S.P. LD.
Project # 6140
I~ January 3, 2Q06
Rm
Lot 2, ~ 3 O.O0S.F DAN · S4.32
In-~e
Coq~J3 C~H~ff, TX 784f2 32~ 00S.F. S/~N Fm~t ~
O.OOS.F ~ ~ S1.~
~3 0~SF O~ 0 ~-~
E-lB
07
~k~3 0.~S.F D~ Q ~.32
143L75
Plgal
EXHIBIT A
Coqx~ ~ TX 7~412
R-19
O00SF D/W ~ $432
204.00L.F. C.G. & P~t ~ $19.50 $3,976.00
s52 {XlS.F SRV Side ~ ~1.~0 S852 O0
O.(X)~.F. S~N ~ $t.00
St.7SI.20
pLage 2
204 OOLF.
000$.F.
37tl(]{)S.F
248.00S.F.
o OOS.F.
32.00LF.
O.{X3S.F
34.0~L.F.
157 40S.F.
66,C<)L,F.
220.60S.F.
Page3
SJW
D/W
DAN
C.G. & P~I.
SAN Fnx~l
D/W 1-121'
DAN
SAN
DAN
· ~1.00
Q si.00
Q ~4.32
· M.32
$1o~
$1.oo
$4,32
$4.32
~ s~.oo
0 Sl.OO
Q $4.32
· 11.0(3
~ sl.oo
d~ S432
~1.oo
$432
Q $1.oo
3g.75
$1.oo
$4.32
~1.32
~ $'l.OO
G $1.0~
O S4.32
~;13.7S
Il.M3.0?
FMM Ammemem ROI - Woomaw11 Dr.
RiY~KI ,Jinuly 3, Z0~
0.~SF D~ ~ ~32 ~,~
O.~S.F ~ ~ ~ ~ ~.~
End Pr~e~
Sl .O'IO.TS
Page 4
11
AGENDA MEMORANDUM
DATE: February 8, 2005
SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to a
contract with Freese & Nichols, Inc. in the amount of $102,800 for engineering services for
the fourth year of a Five Year Inspection and Monitoring Program at Wesley Seale Dam.
ISSUES:
The proposed contract will is necessary to continue the normal annual TCEQ inspection
program and provide an enhanced inspection and monitoring recommended by the
consultant.
RECOMMENDATION:
Eduardo Garafia~/P.E
Water Director
Approval of the motion as presented.
~f'~el R. Escobar, P.E.
Oirector- Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Contract Summaries
Exhibit C - Location Map
H:~-IOME~KEVINS\GEN~WATER~EALE~SYRSVC~AE2005AEAgendaMerno doc
ADDITIONAL INFORMATION
SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program
SUMMARY: TCEQ regulations require an annual inspection program for dams. The
inspection program was suspended with the concurrence of TCEQ (formerly TNRCC) due
to the intensive inspections taking place during the Spillway Rehabilitation Project.
Following the completion of any major dam project, the normal practice is to conduct an
enhanced inspection and monitoring program.
The proposed contract amendment provides for the continuation of the annual inspection
program required by TCEQ and a reduction in the enhanced inspection and monitoring
program. This contract represents the fourth year of the enhanced inspection program,
and the first reduction to begin a phased approach to a normal inspection level. The
inspection program will be reduced during the next year to an enhanced program that more
closely approximates a normal annual inspection program.
BACKGROUND: The Wesley Seale Spillway Stabilization Project was completed during
March, 2001. The project consisted of the addition of mass ballast to increase the stability
and safety factor of the dam. The completed project achieved the objectives of the
program allowing the dam to operate at its full conservation pool of 94 feet M.S.L. Other
significant improvements include the installation of a parapet wall to (elevation 109.3 feet)
which allows the safe passage of the probable maximum flood. Instruments were installed
in the spillways for the remote monitoring of the dam. This allows the continuous collection
of data for the most critical components of the restoration project.
FUTURE COUNCIL ACTIONS: Award of monitoring and inspection contracts for year 5.
CONTRACT SUMMARY/FEE: The proposed contract is for the fourth monitoring period.
Freese and Nichols will provide:
· Annual safety inspection;
· Precision survey statistical analysis; and
· Six month data reports (2) and data reduction/plotting.
The contract also provides for preparation and delivery of four engineering reports and two
summaries of findings.
The proposed fee is $102,800 compared to a fee of $259,750 for 2004. The change in fee
is due to the deletion of three tasks, and a slight percentage increase for inflation.
The contract summary is attached. See Exhibit B.
H:~-IO M E~(EV] NS\GEN~WATE R~S EALE~SYRSVCV~E2005AEAgend a Bkg ExhA.d oc
EXHIBIT "A"
Page 1 of 2
FUNDING: Funds are available from Water Department Operating Budget.
RECOMMENDATION: Approval of the motion as presented.
H:~-IOME~EVINS~GEN\WATER~SEALE~SYRSVC~AE2005AEAgendaBkgExhA.doc
EXHIBIT "A'
Page 2 of 2
CONTRACT SUMMARY
Section I, SCOPE OF SERVICES, is amended by adding the following tasks:
O. SAFETY INSPECTIONS
The Engineer will:
1. perform one safety inspection of Wesley Seale Dam in July of 2005.
The inspection will be performed over a two-day period by a two-man
team of registered professional engineers experienced with the
rehabilitation of Wesley Seale Dam;
2. provide 6-copies of the safety inspection report to the City Engineer.
The safety report will incorporate the latest data plots and
3. present a summary of the safety inspection report to the City Council in
December of 2005, if required.
P. PRECISION SURVEY STATISTICAL ANALYSES
The Engineer will:
I perform one statistical anaiysis of the Precision Survey Data provided by
the City of Corpus Christi in 2005. The City provided survey data report
is to be of the same format as the 2004 data report.
2. provide three copies of the statistical analysis report. The format of this
report will be identical to the 2004 statistical analysis report by Dr. Karo
Wong provide to the City by the Engineer in 2004.
Q. SIX-MONTH DATA REPORTS
The Engineer will:
1. provide manpower to input and reduce the monthly data collected by the
City at Wesley Seale Dam from November 1,2004 to November 1 2005
to produce time-history plots of all instrumentation to include readings or
flow measurement from 102 piezometers, 17 extensometers, 25 relief
wells, and 41 sand drains.
2. provide engineering services to analyze and comment on the two semi-
annual data plots; and
3. provide two semi-annual data reports each of which provides a time-
history plot for all instruments described in Task G.1 above. These letter
reports shall include interpretive comments regarding the data collected
and recommendations concerning the future monitoring of the
instrumentation at Wesley Seale Dam. The semi-annual reports are to
be provided in May and October of 2005. Each of the two semi-annual
data reports are to be provided to the City Staff in six copies. The
October data report will be incorporated in the 2005 inspection report.
Exhibit B
Page I of 2
Task
ORIGINAL CONTRACT
Basic Services
1 A Annual Safety Inspection
1 .B Precision Survey Statistical Analysis
1 C Six Month Data Reports (2)
Description
PHASE I
AMENDMENT NO. 1
1 D Annual Safety Inspection
1E Precision Survey Statistical Analysis
1 F Six Month Data Reports (2) & Data Reduction/Plotting
1 G 2002 Flood Affects Analyses
1 H North Spillway Extensometer Analyses
AMENDMENTNO. 2
21
2J
2K
2.L
2M
2N
Basic Service
Amendment No. 1 Additional Services
Fee
$33,200
$13,850
$22,450
$69,500
$34,20O
$14,000
$45,000
$24,500
$13,500
$131,200
Annual Safety Inspection $36,000
Precision Survey Statistical Analysis $14,700
Six Month Data Reports (2) & Data Reduction/Plotting $47,250
North Embankment Piezometer Investigations $55,000
Remoted Piezometers and Extensometer Repair $76,800
Perform an updated breach analysis, developer flood inundation mapping and
$30,000
update the emergency action plan for Wesley Seale Dam
Amendment No. 2 Additional Services $259,750
AMENDMENT NO. 3
3.0
3.P
3Q
Annual Safety Inspection
Precision Survey Statistical Analysis
Six Month Data Reports (2) & Data Reduction/Plotting
Amendment No. 3 Additional Services
Basic Services plus Amendments No. I & 2 Subtotal
TOTAL AUTHORIZED FEE
$37,800
$15,400
$49,6OO
$102,800
$460,450
$563,250
Exhibit B
Page 2 of 2
File : ~Mproject\councitexhibits~exhSJ88.dwg
N
LAKE
TEXANA
CHOKE CANYON RESERVOIR
THREE
RIVERS
GEORGE WEST
CORPUS
CHRISTI
37
59
7~
59
/
/
/
/
/
/
S~ADRIFT-
MARY RHODES
PIPELINE
)RO
I WESLEY SEALE DAM
~3 NUECES /
o4 RIVER
ON STEVENS
WATER PLANT
CORPUS
CHRISTI
CITY PROJECT NO. 8388
LOCATION MAP
NT$
WESLEY SEALE DAM ANNUAL INSPECTION
AND MONITORING PROGRAM
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT 'C'
CZTY COUNCZL EXHZBZT ~
DE~R~ENT OF ~GINEERI~ ~R~C~
PAGE: I of I
~.--
~: 02-08-2005 ~
12
AGENDA MEMORANDUM
February 8,2005
SUBJECT: Traffic Engineering Consulting Services
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a contract with Wilbur
Smith Associates of Dallas, Texas in an amount not to exceed $29,750 for traffic
engineering consulting services on an as needed basis.
FUNDING: Funding is available Traffic Engineering Salary savings.
RECOMMENDATION: Approval of the motion as presented.
An~. Jobar, P. E.
Director of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Contract Summary
AGENDA MEMORANDUM
February 8, 2005
SUBJECT: Traffic Engineering Consulting Services
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a contract with Wilbur
Smith Associates of Dallas, Texas in an amount not to exceed $29,750 for traffic
engineering consulting services on an as needed basis.
FUNDING: Funding is available Traffic Engineering Salary savings.
RECOMMENDATION: Approval of the motion as presented.
AD ~ ~" '~e ct o r o~f SECn°gbi na '(¢ ePr i'n~ Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Contract Summary
H ~-IOME~KEVINSV~EN\TrafficEngr~AEAw~2005Memo doc
ADDITIONAL INFORMATION
SUBJECT: Traffic Engineering Consulting - Supply Agreement
BACKGROUND: The City has not been able to attract a qualified City Traffic Engineer
despite having the position nationally advertised and the use of recruiting firms.
Engineering Services has continued to successfully provide essential traffic engineering
services. This has been accomplished by the use of other departmental staff and Traffic
Engineering clerical, field, and technical personnel. While this has been successful, there
have been some specialized circumstances requiring the services of a qualified traffic
engineer. These have been addressed through individual contracts to address the specific
issue at hand.
Review indicates that a supply type agreement for traffic engineering would be an
improvement over the current arrangement. This will allow improved technical expertise to
be routinely available to the Department, Planning Commission, Traffic Advisory
Committee and City Council. Improvements in Traffic Engineering operations will also be
realized by modifications of procedures and improved soft~vare.
CONSULTANT SELECTION: The City has historically utilized Wilbur Smith Associates
when an outside Traffic Engineer consulting was needed. The local engineering firms do
not possess dedicated traffic engineers on their staff. Wilbur Smith has served as the
parking, transit and transportation consultant for various MPO, RTA and City projects.
They have also served as the traffic engineering sub-consultant for a number of major
projects including the Alameda Hospital Zone, Arena/Convention Center projects, Bayfront
Master Plan and RTA Trolley Initiative. They possess a good working knowledge of local
transportation issues.
CONTRACT SUMMARY: The contract summary is attached. See Exhibit B. The
consultant will bill the City only for actual time worked and for authorized reimbursable
expenses as they are incurred.
H:\HOME~KEVINS\GEN\TrafficEngr~AEAwd2005BkgExhA doc
EXHIBIT "A"
Page I of I
BASIC
CONTRACT SUMMARY
SERVICES
Through this Agreement, Consultant personnel will effectively function as the City's Traffic Engineer
and be responsible for fulfilling all administrative and technical duties assigned to this official under
the City's zoning ordinance, with the exception of the Traffic Engineer's personnel, accounts payable
and municipal civil service tunctions The City will retain lead responsibil~ tot personnel, accounts
payable and municipal civil service functions, with support Eom Consultant as outlined later in this
Agreement
On-Site Work Priorities
Upon execution of this Agreement, Consultant personnel will spend up to sixteen (16) person-hours
on site al City Hall dudng two consecutive days approximately once per month. Priorities for the on-
site time will include:
· Review and recommend treatments for Speed Zones for hospitals and schools and other street
locations;
· Review the sate routes to schools program in coordination with local school safety officers;
· In concert with the Development Services Department, review subdivision and site development
proposals for traffic and thoroughfare impacts;
· Review requests for the public Io address local traffic speeds, cut through traffic, access and
circulation, and other traffic issues;
· Review the efficiency of current traffic signals and signal systems and recommend course of
action for improvement;
· Review and recommend intersection approach improvements and congestion relief
improvements;
· Assist in the development of project scope for the 2004 Bond issue;
· Prepare traffic control and safety plans for City cons[ruction projects as requested,
· Being available to meet with scheduled and walk-in development applicants and/or their agents,
as well as citizens, to explain and respond to questions regarding the City's traffic and parking
ordinances and programs;
· Review and recommend accident tracking and repoCdng so.rare to replace the TRASER system
in use;
· Preparing necessary written reports from the Traffic Engineer on traffic-related items. These
reports will be forwarded to the relevant Committee or Council prior to its meetJng/headng. In
preparing the initial reports, Consultant will develop standard formats for providing the Traffic
Engineer's review findings and comments to City Committees and Council and to applicants.
Consultant staff will also be responsible for coordinating with the City Attorney, as necessary, in
preparing the Traffic Engineer's written findings;
· Preparing verbal presentations to the Transportation Advisory Committee and the City Council to
overview subject issues (including preparing any necessary maps/graphics to depict padicular
property and/or land use situations); identify the Traffic Engineer's comments, conclusions and
issues for official consideration; and, address questions or concerns of the applicant and/or City
Committees and Council;
· Assisting City staff to set up appropriate filing/tracking systems for all traffic-related matters.
Exhibit B
Page 1 of 2
H:~HOME-~(EVINS\GEN\Tre~cEngr~AEAwd2OOSSurnExhB doc
Review current in-house traffic engineering capabilities and recommend modifications such as
new software to enhance the efficiency and range oi' cun'ent in-house capabilities.
Beginning a staff training process for selected City staff to cover all aspects of zoning
administration, starting with the basics of the City's adopted ordinance, zoning applications and
procedures, and responding to citizen questions; then continuing with handling requests [or zone
changes and variances, coordinating review activities among City staff, preparing staff comments
and recommendations, and filing and tracking zoning cases.
The days and times during which Consultant personnel will be on site at City Hall will be set on a monthly
basis to allow flexibility in scheduling [or both the City and Consultant. This will include determining if any on-
site time will be completed during weeks in which major holidays tall.
Off-Site Technical Assistance
Dudng the portion o[ each week when Consultant personnel are no/working on site at the City, they will be
available to provide technical assistance and support dudng normal business hours (8:00 a.m. to 5:00 p.m.,
Monday through Fdday) to respond to inquiries (by telephone, [ax or e-mail) and to provide "quick response"
answers to time-sensitive questions that arise pertaining to zoning-related matters. Depending upon the
complexity ot each assistance request or inquiry, Consultant will assign an Associate, Senior or Principal
Planner as appropriate.
Council
and Transportation Advisory Committee Meetinqs
Transportation Advisory Committee. Each month, CONSULTANT personnel will attend, as
needed, meeting(s) of the Transportation Advisory Committee to present any traffic-related staff
reports and to address comments and questions of citizens and members of the committee.
City Council. Each month, Consultant personnel will attend, as needed, City Council meeting(s) that
involve traffic-related agenda items and/or public hearings. Consultant personnel will be available to
present any necessary reports from the Traffic Engineer and address comments and questions from
citizens and Council members.
Consultant personnel will not be responsible for preparing meeting minutes but will be available to
review and offer suggested revisions on draft minutes prepared by City staff. Consultant personnel
will also assist in finalizing the meeting packets for any Commission or Board meeting that involves
traffic-related agenda items. Such meeting packets are copied, assembled and distributed by City
staff. Consultant's role will be to provide input on meeting agendas, prepare any necessary reports
from the Traffic Engineer on traffic-related items, and review the meeting materials related to such
items to ensure that all necessary information is included.
FEES AUTHORIZED
The City will pay the Consultant a total not to exceed tee of $29,750.00. This fee will be fl. Jli and total
compensation for services provided and expenses incun'ed in performing the tasks specified as basic,
construction, and post-construction phase services specified in Section II.
Exhibit B
Page 2 of 2
H:~-IO M E',KEVINS\G EN\Tr alficE n g r~EAwd2005 S u m Exh B doc
13
AGENDA MEMORANDUM
February 8, 2005
SUBJECT: Professional Minor League Baseball Stadium - Project No. 4285
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change
Order No. 2 to the Construction Manager at Risk contractwith Fulton/Coastcon and Hunt
Construction Group, Joint Venture of Corpus Chdsti, Texas and Indianapolis, Indiana in the
amount of $361,369.00 for installation of additional improvements at Whataburger Field
and increasing the Guarantccd Maximum Price to $22,153,304 for construction for the
Professional Minor League Baseball Stadium.
FUNDING: Funding is available from the Baseball Stadium 2004 CIP Fund.
RECOMMENDATION: Approval of the motion as presented.
Director of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Budget
Exhibit C. Location Map
Exhibit D. Change Order Summary
H:~HOME~EVINS~GEN~asebalr~CO2Memo doc
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
The architect issued several document packages after the GMP was established to
complete the design and accommodate user needs. This includes a number of
enhancements that represent significant improvements to the stadium. The project
manager, staff, contractor and team owners worked together to minimize the cost of these
enhancements to the City. However, these savings and the contingency allowance in the
GMP resulted in a net increase of $361,369.00. The items of enhanced scope are:
Site work beyond the field (grading, paving, foundations, walls, sidewalks)
Ball field scope changes and irrigation system
Steel Scope Revisions- this was the additional structural steel. The GMP steel
package was designed to allow ordedng the major beams and columns, but did
not include any of the outfield structures such as the "Batters Eye",
Scoreboard/Shade Structure, etc.
Modifications to the Roofing system and adding a Standing Seam Metal Roof.
Mechanical, Electrical and Plumbing Scope additions for structures and services
beyond the field and for the kitchen/concession equipment
Repairs and additions to the existing warehouse structures (timber construction),
and other rough carpentry
Increase of finish quality for wall, ceiling and floors, beyond what was carried in
the GMP.
Drawing Reproduction, Bond, and Builders Risk Insurance.
The change order also contains a number of modifications to reduce the total cost of the
change order including a reduction in the contingency allowance. A detail of the change is
attached. See Exhibit D.
PRIOR COUNCIL ACTION:
The Stadium Project has involved a number of complex actions. Some of the significant
actions by Council include:
October 24, 2003 -
a. Motion authorizing the City Manager, or his designee, to execute an architectural
services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas,
Texas for the Professional Minor League Baseball Stadium (M2003-370).
b. Motion authorizing the City Manager, or his designee, to execute a project management
services contract in an amount not to exceed $475,175.00 with Anderson Group
Construction Management, Inc. of Corpus Christi for the Professional Minor League
Baseball Stadium (M2003-371)
October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder
of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389).
H ~-IOM E~EVINS~:~EN~BasebalI\CO2BkgExhA doc
EXHIBIT A
Page 1 of 3
October 28. 2003 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation contract in an amount not to exceed $33,400.00 with
Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball
Stadium (M2003-389).
November 11, 2003 - Motion authorizing the City Manager, or his designee, to execute
a demolition contract with Cherry Demolition Company, of Houston, Texas, in an
amount not to exceed $466,000 for the Demolition of Compress Units 1, 2, and 3 for
Stadium Construction subject to approval of an agreement with the Port of Corpus
Chdsti Authority to purchase the property (M2003-405).
December 9, 2003 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract in an amount not to exceed $32,500.00 with Wilbur
Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and traffic study for
the Professional Minor League Baseball Stadium (M2003-434)
December 16,2003 - Motion authorizing the City Manger to execute a binding agreement
with RSR Sports, Inc. relating to the location and operation of a minor league baseball
team in the City (M2003-452).
December 16, 2003 - Motion authorizing the City Manager to execute a Contract of
Purchase with the Port of Corpus Christi Authority for the City Corpus Christi baseball
stadium and related parking spaces subject to the certification of funds (M2003-453).
January 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a
contract for Construction Manager at Risk with Fulton/Coastcon and Hunt Construction
Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana for the
Professional Minor League Baseball Stadium (M2004-016).
February 24, 2004 -
a. Motion to amend prior to second reading by substituting an amended long-term lease
with Round Rock Baseball, Inc., to manage and operate a baseball stadium (M2004-
069).
b. Ordinance authorizing the City Manager to execute a Iont-term lease with Round Rock
Baseball, Inc., to manage and operate a baseball stadium to be constructed bythe City,
in consideration of the payment of rent and the obligation to have a minor league
baseball team affiliated with major league baseball play its home games in the stadium
(First Reading 01/27/04 - Ord. No. 025662).
c. Motion authorizing the City Manager to execute a non-relocation agreement by and
between the City of Corpus Christi and Round Rock Baseball, Inc. (M2004-070).
March 30, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Construction Manager at Risk contract with Fulton/Coastcon and
Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana
establishing a Guaranteed Maximum Price of $21,460,526 for construction for the
Professional Minor League Baseball Stadium (M20004-123).
Apdl 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a
Construction Materials Inspection and Laboratory Testing Contract in an amount not to
exceed $79,880 with Kleinfelder of Corpus Christi, Texas for the Professional Minor
League Baseball Stadium (M2004-146).
January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. I with the Construction Manager at Risk contract with Fulton/Coastcon
and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis,
Indiana in the amount of $331,409.00 for installation of a 36-inch Storm Water Main from
Whataburger Field to the Corpus Christi Ship Channel and increasing the Guaranteed
EXHIBIT A
Page 2 of 3
H :~10 M E-~KEVINS\G E N'~aseb all\CO2 Bkg ExhA d pc
Maximum Pdce to $21,791,935 for construction for the Professional Minor League
Baseball Stadium (M2005-014).
PRIOR ADMINISTRATIVE ACTION:
October 10, 2003 - Distribution of Request For Proposals (RFP) No. 2003-06 (Professional
Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town
contractors for Construction Manager at Risk.
November 12, 2003 -Addendum No. I to the Request For Proposals (RFP) No. 2003-06
Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of
town contractors for Construction Manager at Risk.
February 20, 2004 - Award of Change Order No. I to Cherry Demolition Company, of
Houston, Texas, in the amount of $18,000 for saw cutting for roof separation, and saw
cutting fire walls.
November 30, 2004 - Award of Amendment No. 1 to Kleinfelder of Corpus Christi, Texas
in the amount of $11,972 for materials testing and laboratory services.
FUNDING: Funds are available from the Baseball Stadium 2004 CIP Fund.
H :~H OME~J(EVIN S\G EI~S aseball\CO2 Bkg ExhA.d oc
I-ExHIBITA
Page 3 of 3 '11
FUNDS AVAILABLE:
Stadium Bond Proceeds
Sales Tax Proceeds
Storm Water CIP Fund
PRELIMINARY BUDGET
Professional Baseball Stadium
CORPUS CHRISTI, TEXAS
January 4, 2005
PRELIMINARY
BUDGET
25,750,000
1,500,000
331,409
Total 27,676,409
FUNDS REQUIRED:
Demolition
Construction (GMP)
Change Order No. 1 (Storm Water Outfall)
Construction Contingencies (5.3%)
Design Consultant (Arch/Engineer)
Project Management
North Tancahua Extension (Design)
Land
Roadway Improvements
Street Lighting
AEP Electrical Distribution
SBC Telephone
Design Reimbursements
Survey Reimbursements (included in A/E contract)
Construction Inspection (by Project Managment)
Testing (Materials & Quality Control)
Testing Amendment No. 1 (Materials & Qualib/Control)
Geotechnical
Admin. Reimbursements
Art
Environmental Clearance
Elimination of Architectural Barrier Review
Miscellaneous Expenses (Printing, Advertising, Express, etc.)
Total
Capital Repair Reserves
484,000
21,460,526
331,409
830,428
1,240,000
475,175
24,805
1,800,000
274,410
86,400
60,000
10,000
79,880
11,972
33,400
187,500
13,554
95O
22,000
27,426,409
250,000
Total 27,676,409
ACTUAL
BUDGET
Exhibit B
Page 1 of 1
PROJECT
LOCA~ON
N
AG'ES
CORPUS CHRISTI BAY
PUBUc O~L
STADIUM SITE
LOCATION MAP
NOT TO SCALE
dA
(uus~uu)
N
CITY PROJECT No. 4285
VICINITY MAP
NOT TO SCALE
PROFESSIONAL MINOR LEAGUE
BASEBALL STADIUM
EXHIBIT 'C'
C£TY COUNCIL EXH£BIT
O£P~ENT OF £NG1N£~I~ SET~'VIC'~$
PAGE: I of I
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
FEBRUARY 8, 2005
PROJECT: WHATABURGER FIELD BASEBALL STADIUM
Project No. 4285
APPROVED: COUNCIL MOTION No. 2004-123
APPROVED 03/30/04
CONTRACTOR:
Fulton/Coastcon and Hunt Construction Group, J.V., LLC
P. O. Box 9486
Corpus Christi, TX 78469
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
21,460,52600
5,365,131.50
Change Order No. I (01/11/05) ....................
Change Order No. 2 (02/08/05) .....................
Total ..............................................................
331,409.00
361,369.00
692,778.00 = 3.23% < 25%
ExhibE D
Page 1 of 4
CHANGE ORDER
Department of Engineering Servlcres
City o1: Corpus Chrls[~, Texas
CHANGE ORDER NO: 02 PROJECT NO~ 4285 CONTRACT TIME: Complete 4-5-05
Operating Department: Enoineednq Services DATE: January 13, 2005
Name of Project: Comus Christi Baseball Stadium - WhataburQer Field
Contractor: Fulton-Coastcon/Hun! JV
CH,~NGE ' ADD DEDUCT
1. Issued For Construction Scope Revision Increase $361,369.00
*Note: Please re[. a[lached Pages 2 of 3 and 3 of 3 for details.
Total Add. Lump Sum ~361~69.00
Why was this change necessary? (If left off the plans and specifications, explain why)
Many of the user or vendor requirements were not available and had to be incorporated as the protect progressed.
How can similar changes be avoided in the [uture?
1. Due to the fast track nature ol: the Baseball Stadium, the desiqn concept was not fully
developed until after construction had bequn. Thus, this chanqe could not be reasonably
avoided.
A. CONTRACT PRICE .......................................................$ 21,460,526.00
B TOTAL CHANGE ORDERS (Inc. current) .......................... $ 692,778.00
C. NEW CONTRACT PRICE .................................................... ~ 22,153,304.00
D. THIS CHANGE ORDER ....................................................... $ 361,369.00
E. PERCENT TOTAL CHANGE (B/A) ..................................... 3.2%
F. PREVlOUS ADDN'L TIME AUTHORIZED ......................... N/A c d
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER .......... N/A c d
H. TOTAL ADDITIONAL TIME .............................................. N/A c d
ConstrucUon Manager
CITY OF CORPUS CHRISTI, TEXAS
By:
City Engineer
CONTRACTOR: Fulton-CoastcoWHunt
By:
Title:
APPROVED:
OperaUng Deparb'nent
Management/Budget Deparb'nent
Legal Depart~nent
Exhibit D
Page 2 of 4
Change Order 2:
corpus Christi Baseball Stadium - Whataburger Field
The Baseball Stadium is being constructed on a "fast-track" basis. This means that construction had
to start pdor to having complete plans in order to complete the project by the required date. This
change order is composed of modifications and scope increases issued after the GMP was
approved by the council on March 30, 2004. As the design was further developed we made
reductions in other areas to compensate for the increased scope without compromising the stadium
design and functionality:
Item 1 - The architect issued several document packages after the GMP was established to complete
the design and accommodate user needs. For the following items, the allowance in the GMP was not
adequate for the magnitude of the scope increases:
a) For site work beyond the field (grading, paving, foundations, walls, sidewalks)
Add = $485,275 00
b) Ball field scope changes and irrigation system into included in the GMP Add = $204,563.00
c)
Steel Scope Revisions- this was the additional structural steel. The GMP steel package was
designed to allow ordering the major beams and columns, but did not include any of the outfield
structures such as the "Batters Eye", Scoreboard/Shade Structure, etc. Add = $334,254.00
d) Modifications to the Roofing system and adding a Standing Seam Metal Roof. Add = $148,663.00
e) Mechanical, Electrical and Plumbing Scope additions for structures and services beyond the field
and for the kitchen/concession equipment Add = $420,425.00
f) Repairs and additions to the existing warehouse structures (timber construction), and other
rough carpentry Add = $277,792.00
g) Increase of finish quality for wall, ceiling and floors, beyond what was carried in the GMP.
Add = $192,672.00
h) Drawing Reproduction, Bond, and Builders Risk Insurance.
Add = $61,572.00
Item 1 - Total Additional Cost for increased scope
$2,125,216.00
Item 2 - By working with the contractor and architect we were able to obtain the following reductions
in the scope of some the above items and odginal GMP scope as follows:
a) Reduced amount of drywall and framing
Deduct = ($456,707.00)
b) Sharing the cost of the Scoreboard and Whataburger signs with the Hooks reduced the City's
portion of that cost. Deduct = ($349,482.00)
c) Reduction of scope of specialty items, including items to be furnished by the Hooks
Deduct = ($148,622.00)
d) Reductions in the amount and methods of concrete work on the project.
Deduct = ($159,509.00)
e) Because the scope has become much better defined we felt that the odginal contingency
amount could be reduced from $900,000.00 to $ 200,000.00 Deduct = ($700,000.00)
Exhibit D
Page 3 o[ 4
Item 2 - Total Deductions for scope decreases and revised methods
Subtotal
OH &P
$1,814,320.00
$ 310,896.00
$ 50,473.00
Total Change Order # 2 $361,369
Exhibit D
Page 4 of 4
14
CITY COUNCIL
AGENDA MEMORANDUM
DATE: February 8, 2005
SUBJECT:
Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1
Acquisition of Parcels 1, 3, 4 & 5
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility
Easement instrument from the First Baptist Church of Corpus Christi for the acquisition
of Parcels 1,3.4 and 5 in the total amount of $60,527, each parcel containing both a Utility
and Temporary Construction Easement, necessary for the Lindale/Chenoweth Subdivision
Area Drainage Improvements, Phase 1 Project (#2174), and for other municipal purposes.
ISSUE: This project is one of several 2003-2004 Storm Water Capital Improvement
projects directed at reducing and eliminating major flooding in several areas. City Council
approval was granted in Apdl 2004 to contract Goldston Engineering, Inc. for the design,
bidding, and construction for Phase 1 of this project. In order to facilitate the required
drainage improvements, several utility easements are required to be obtained from
landowners. Four parcels have been acquired from First Baptist Church of Corpus Chdsti
in the appraised amount of $60,527. Contracts and easements involving an amount over
$25,000 require City Council approval.
FUNDING: Stormwater CIP 550701-4525-00000-160036
RECOMMENDATION: Approval of the motion as presented.
g . scobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Project Area map
Parcel Location Map
H:~-IOME~USE~IOG\GENV~enda Ilems~LindaleCher~o~lh E)rainageV~a Memorandum.doc
BACKGROUND INFORMATION
SUBJECT:
Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1
Acquisition of Parcels 1,3, 4 & 5
PRIOR COUNCIL ACTION:
1. February 10, 2004 -Approval of the FY 2003-2004 Capital Improvement Program
(Ordinance No. 025647).
2. ADHI 20, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract For Professional Services with Ooldston
Engineering, Inc. in the amount of $886,305, for a total re-stated fee of $911,045,
for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1
Project. (Motion No. 2004-156)
3. January 11,2005 - Motion authorizing the City Manager, or his designee, to award a
construction contract to Ramos Industries Inc. of Pasadena, Texas, in the amount of
$3,009,625 for the Lindale/Chenoweth Subdivision Drainage Improvements, Phase
1 Part "A" for the Base Bid and Additive Alternate #1. (Motion No. 2005-003)
PRIOR ADMINISTRATIVE ACTION:
1. September 15, 2003 - Executed Small A/E Agreement for Professional Consultant
Services with Goldston Engineering, Inc. in the amount of $24,740 for the Lindale
Subdivision Drainage Improvements.
FUTURE COUNCIL ACTION:
1. Approval of construction contracts to complete Phase 1, Part "B" and Phase 2.
2. Approval of a construction contract for outfall rehabilitation and improvements at
Alta Vista Drainage Ouffall (included in Major Outfalls Repairs-Phase 1 ,Part B).
PROJECT BACKGROUND: The Lindale Subdivision is bordered by Alameda Street,
South Staples Street, Louisiana Parkway and Texan Trail. Currently, this subdivision
experiences flooding and standing water dudng storm events. The Chenoweth area
includes Hewit Estates, Los Amigos, Beekman Place and Alta Plaza subdivisions. These
subdivisions also experience flooding dudng storm events primarily due to insufficient trunk
main capacity. Collectively, these two areas are known as "Lindale/Chenoweth" area.
The project will be divided into two (2) parts - Part A and Part B. The project locations are
shown on Exhibit "B" Project Area Map. Both parts will involve the construction of
underground drainage improvements and trunk mains to carry off excess storm water.
Goldston Engineering, Inc. was contracted to design, bid, and oversee construction of both
phases of the project. In order to construct the drainage facilities, a total of nineteen (19)
utility and construction easements were needed from five different landowners. The
majodty of the easements are small in size and because of their Iow cost, did not require
City Council approval.
EXHIBIT A
Page I of?-
The design of the underground trunk main required acquisition of four separate easement
parcels across land owned by the First Baptist Church. The attached Exhibit C displays
the location of the parcels required which will extend the new drainage facilities from Santa
Fe Street to Ocean Ddve. Each parcel contains a combination of Utility Easements and
Temporary Construction Easements of vadous lengths and widths.
City Land Acquisition staff obtained an appraisal from Amedcan Appraisers, Inc. which
valued all five easement parcels at $60,527. A formal offer in this amount was made to
First Baptist Church, which they accepted. They have signed a Utility Easement instrument
which now requires City Council approval. Expenditures for land or easements in excess
of $25,000 require Council approval. This acquisition will be closed by City staff and will
not require services of a title company.
H:~-IOME-~EUSEBIOG\GEN~Aoenda I~ms~lJndaleChenowe~ Dralnage~Backgro~nd,doc
EXHIBIT A
Page 2 of 2
DPcjNAGE STUDY
CITY PROJECT No. 2174
LOOATT_ON MAP
/SLOT TO SCALE
EXHT_BZT "B"
L r. NDALE I CHENOWETH DRA r_NAGE
IMPROVEMENTS - PHASE 1
~ OF CORPUS CHRIST~, TEXAS
CITY COUNCIL EXHIBIT
PAGE: I of 1
DAW: 01-1g-2005
ii
~/I III
LOCATION MAP
CORPUS CHRISI] BAY
ClTY PROJ£¢T No. 217,1
VI¢INI~ MAP
EXHIBIT C
L INDA L E/CHiNO W~ ~"H D RA INA G E IMPR 0 V~M~N TS
PARCELS 1, 3, 4, & 5 FIRSTBAPTIST ~HURClt
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
~P~E~ OF ENGINEERI~ SERVICES
PAGE: I of 1
~TE: 02-08-2005
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Date: February 8, 2005
AGENDA ITEM:
Motion authorizing the City Manager or his designee to provide $2,500 from the
Permanent Art Trust Fund for the partial acquisition of Joumey's End, a sculpture from
Kent UIIberg, for display at Seagull Park on Padre Island.
ISSUE: In November 2004, the City was approached by Mr. Carl Suding, resident and
leader of the Seagull Park Development Committee, to accept Journey's End, a sculpture
by Kent UIIberg, valued at $27,000 He has since returned requesting that the Ads and
Cultural Commission provide $2,500 for the partial acquisition of UIIberg's Journey's End,
to be taken from the Permanent Art Trust Fund and to be placed at Seagull Park, located
in the first section of Padre Island just down from the Whataburger on Jackfish Avenue.
The park improvement plan presented to the City Council in November included a walking
trail, trees, benches, and landscaping.
At its regular January 13, 2005, meeting, the Arts and Cultural Commission approved the
$2,500 cost to be taken from the Permanent Ad Trust Fund or from potential excess in
their 2005 budget.
REQUIRED AMENDED COUNCIL ACTION: City Council must authorize the City
Manager or his designee to execute the documents to provide $21500 for partial purchase
of Journey's End from Kent UIIberg.
City Council must approve the amended motion.
Attachments:
RECOMMENDATION: The Arts and Cultural Commission recommends approval.
aa r kYs~aal~ kl~ eDcirree~lti~rn D e p a d m e n t
Background
Exhibit - sculpture
BACKGROUND INFORMATION
Having the Journey's End sculpture, a sculpture by Kent UIIberg, valued at $27,000 at
Seagull Park has been the dream of the Seagull Park Neighborhood Community for some
eighteen months, While Kent UIIberg has generously provided the bronze sculpture of
Kemp Ridley sea turtles at cost to the community group that is working with Beautify
Corpus Christi on the park improvement plan, the community group was unable to raise
the final $2,500 to fund this project.
Seagull Park is located in the first section of Padre Island just down from the Whataburger
on Jackfish Avenue. Besides the Joumey's End sculpture, other improvements will be
made primarily by volunteers. When presented to City Council in November 2004, funds
would be raised through fundraisers, grants and donations and the Beautify Corpus Christi
Association would manage the funds for the Seagull Park improvement plan.
There have been many community supporters of this plan: Padre Island Rotary, Padre
Island Kiwanis, Padre Island Property Owners Association, Beautify Corpus Christi
Association, Padre Island Business Association, Padre Island Enrichment, Keep Padre
Island Beautiful, Padre Island Corpus Christi, Kent UIIberg and Island Architects.
In December 2004, Mr. Carl Suding approached the Arts and Cultural Commission to
provide the final needed amount but a decision to do so was tabled by the Commission
until January 2005. The Chair of the Arts and Cultural Commission asked that Mr. Suding
and the Beautify Corpus Christi representative attempt to find the funding from other
funding sources. In January 2005, they came back indicating that they had been unable
to find the funding and requested that ACC provide the remainder. The Commission voted
to approve the gifting of $2,500 toward the Ullberg sculpture.
ARTS AND CULTURAL COMMISSION REGULAR MEETING
THURSDAY, JANUARY 13, 2005- 4:30 P.M.
COUNCIL CHAMBERS - CI'I-Y HALL
A~nastos_,_C_~huck X [Jones, Lynda X I-- --'
Avila, Linda X
_B en!b o_, ._Bela ye_ Gloria
Camina, Armando
Fulledon, Deborah
Garza, Daniel
Grove, Ed
Gutierrez, Ella
X
X
~ Lancaster, DeAnn Gould- t X -i ......
i Luhan, Chad i i A
F_X___! ____t Luna, Don IX
X [ i Prewitt, Judith X
x / iRennier, James X
, I
~ Richard, Daiquiri X
Stewart,___A~_._n_e_ .......
,1~ .............. Total~
CALL TO ORDER - The meeting of the Arts and Cultural Commission was called to order at 4:35
p.m. by Chair, Chuck Anastos.
I. ROLL CALL - The Recording Secretary called roll, announced quorum.
II. APPROVAL OF MINUTES - December 9, 2004
Motion by Linda Avila,, 2nd by Anne Stewart, to approve minutes as written.
HEARING FROM PUBLIC- none
Gavlik, Sally
Hodge, Linda
Valadez Ortiz, Gustavo X
Hankins, Diana X
O'Dowdy, Danny X
4:42 p.m. Ella GutlJerez arrived
VI.
DISCUSSION ITEMS AND POSSIBLE ACTION:
1. Introduction of New Members - moved to later on the agenda
2. The tabled issue reqardinq request [or monev for the Kent Ulber~ Sculpture - Mr. Suding,
representing the project placing the sculpture on Padre Island, distributed a packet of
information regarding the siting of the sculpture and the artist, Kent Ulberg. Mr. Suding
requested $2500 from A.C.C., as the Fundraising Committee for the Sculpture has raised
$2500 of the $5000 previously requested. Mr. Suding indicated the Arts and Cultural
Commission will be invited to meet the artist. It was decided that the A.C.C. would provide
the $2500 requested. Lynda Jones made a motion to find the $2500 for the sculpture.
Judy Prewitt seconded the motion. Vote called, one member voted against the motion,
Dacquid Richard abstained, everyone else voted in favor of the motion.
COMMrI-FEE REPORTS -
PERFORMING ARTS - DeAnne Gould-Lancaster talked about the Kickoff Event on
Thursdays, March 3, at Hedtage Park.
Linda Hodge asked that everyone be aware or the need to address issues [or folks with
disabilities when establishing events.
VISUAL ARTS - Lynda Jones said maintenance ot art works was discussed. There is graffiti
at HEB pool; the sculpture at the library is still wrapped up. The tile has been located to
replace the missing pieces, lights need to be repaired and there was discussion on changing
the hard cape to ground cover to discourage skate boarders. Aztec Wheel is cortene steel
And is supposed to rust; but the base is going to be cleaned up. The limestone piece at Oveal
Williams Center has had pieces picked out of it, so the committee will take a closer look to see
What needs to be done? The Suds requires no maintenance ever. The Dot Turner piece from
the airport may be available [or reacquisition. Someone is working on the Public Art for the
City Website. It appears there is a resolution to the Mai Chin work. He has accepted
the requirement to place his ad on the arena site or the adjacent sites that were given to him.
It may be necessary in the future to come back and ask [or some monies [or the installation.
CULTURAL ENRICHMENT - Mando Camino - still working on the current application that will
be used in Apdl.
Introduction of New Members - Jim Rennier of TAMU, Chair Music Depadment. Gloda
Belaye-Benibo, Head Counselor at West Oso High School.
STAFF REPORT - There is a handout [or Americans for the Ads national meeting. As it is
being held in Austin this year, it's a good opportunity for any of you to attend. There is a one
day Legislative update in Irvine, Texas on January 28, and will deal with the Hotel-Motel tax.
HOT tax monies are rapidly becoming an issue for ads organizations in that more and more of
those monies are being taken away from arts organizations. The organization, Texans for the
Arts are fighting for those monies. It is important that we work with the legislature in order to
receive the funding that is necessary to continue to present the types of programs that we now
do. Every year the legislature changes the wording o[ the funding so that more and more arts
organizations are excluded from receiving funding [or arts programs.
CURRENT CONCERNS - L. Avila feels that the A.C.C. has opened itself for a dangerous
precedence in o[fedng funding for the Island sculpture. In the past to avoid groups coming in
to request funding when they h;~d a need, a Contingency Fund process was developed. It
certainly is probable that in the next few months more groups will now request funding since
this motion passed.
IX.
ADJOURNMENT -
As there was no further business, Anne Stewart made a motion to adjourn the meeting.
Jim Rennier 2~ the motion. The meeting was adjoumed at 5:23 p.m.
Diana Lee Hankins
Diana Lee Hankins, Program Supervisor
Multicultural Services Division
Park and Recreation Department
Copy sent to Ci[y Secretary 1 l/xx/04
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 8, 2005
AQENDA ITEM:
An ordinance authorizing the City Manager, or his designee, to execute a five year
lease agreement with the Southside Little Miss Kickball for the use of city property
know~ as Jerry Smrth Fields and in consideration of ~ Souths~de Li[tle Miss Kickball
maintaining the premises and improvements; and declaring an emergency.
IS~UE: Southside Little Miss Kickball has requested a renewal of their lease so that they
may continue sponsoring kickball league play for female participants ages 6 - 18 years of
age at the Je~'ry Smith Fields located at 4200 Mc, N'dle Road.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a one-year lease
with Southside Little Miss Kickball in September 2000.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve lhe renewal of the lease with Southside Little Miss Kid<ball.
Attachments: Background Infom'mtion
BACKGROUND INFORMATION
Soutl'~ide Little Miss Kickball is a member league in good standing with Little Miss KK:kball
International, Inc. The league has been in existence since 1971 and is the largest of 18
member Idckball leagues. Currently, there are aplxoximately 600 female participants ages
6-18 years of age, 125 coaches, and 24 board members.
The league's complex on McArdle Road includes 4 lighted playing fields. There is a
permanent cinder block concession stand/meeting room - remodeled in 2002 - 2004.
There is also a permanent brick building for the restrooms and a storage garage for
equipment. All buildings have secure doors end windows, with security lights throughout
the complex. All areas of the complex are considered accessible and ADA compliant.
Page I of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE
LrrFLE MISS KICKBALL FOR THE USE OF CITY PROPERTY
KNOWN AS JERRY SMITH FIELDS AND IN CONSIDERATION
OF THE SOUTHSIDE LrrrLE MISS KICKBALL MAINTAINING
THE PREMISES AND IMPROVEMENTS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a
Lease Agreement with The Southside Little Miss Kickball for the use of city
property known as Jerry Smith Fields and in consideration of The Southside Little
Miss Kickball maintaining the premises and improvements. A copy of the Lease
Agreement, including an exhibit that is attached to and incorporated into the
Lease Agreement, is attached as Exhibit "A" and a copy is on file with the City
Secretaw.
SECTION 2. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and
effect for its purpose Therefore, if any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance is held invalid or unconstitutional by
final judgment of a court of competent jurisdiction, that judgment shall not affect
any other section, paragraph, subdivision, clause, phrase, word or prevision of
this ordinance.
SECTION 3.. That upon written request of the Mayor or five Council members,
copy attached, the City Council (11) finds and declares an emergency due to
the need for immediate action necessary for the efficient and effective
administration of City affairs and (2) suspends the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this
ordinance is passed upon first reading as an emergency measure on this 8th day
of February, 2005.
H:~E GiDIR\Otga R~)oyteV3~4nances\013105 DC.Southside. LIt'd eMiss. KidxbalL~d .doc
Page 2 of 3
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 31 January 2005
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City A[tomey
H :~.E G-DIR\Otga R'~oy~e'~:linances\013105DC, Southside,LIttleMiss KJckba[I.ord.doc
Corpus Chdsti, Texas
day of
,2O05
Page 3 of 3
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced
or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H :\LE G-DIR~OigaR~Doy~ e'~)rdinances\0131 OSD~.Soulhs~d e.Ll~eMIss .Klckball oral.do<;
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Act]on Date: February 8, 2005
AGENDA ITEM: An ordinance authorizing the City Manager, or his designee, to execute a
five year lease and use agreement with the West Corpus Christi Rotary Club for ~ use of
City property near McKenzie Road and Allison Ddve by the Boy Scouts and in
consideration of the Rotary Club maintaining the pre,-nises and improvements; providing for
severance; and providing for publication.
ISSUE: West Corpus Christi Rotary Club has requested a renewal of their lease so that
they may continue sponsoring Boy Scout Troop 18's activities at the Scout Hut located on
~ leased premises near McKenzie Road and Allison Drive.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease
with West Corpus Christi Rotary Club in September 1988.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the renewal of the lease wffh the West Corpus Christi Rotary Club.
~Vparks a-nc~i ~t~-~'~r~n D apart rnent
Attachme,,~: Background Infommflon
BACKGROUNDINFORMATION
The West Corpus Christi Rotary Club is a member in good standing with Rotary
International District 5930. The Rotary Club has continuously sponsored Boy Scout Tn:x~
18 for over 35 years. They constructed a Boy Scout hut at the McKenzie Road site, at their
expense, and have utilized the current leased premises since 1972.
A Boy Scout Troop must be sponsored by a recognized civic organization in order to be an
active unit with the Boy Scouts of Amedca. In addition to having proper sponsorship, the
troop must re-charter annually with the local council. The name of the local council is
South Texas Council of the Boy Scouts of America. The troop re-charter requires, among
other things, that a minimum number of beys and adults register with the Boy Scouts of
America, that the leaders be trained by the local council and that the troop carry out a
certain number of activities each year. These activities might include campouts, service
projects, and participation in summer camps.
In addition to regular meetings, Boy Scout Troop 18 uses the Scout HUt located on the
leased premises for other activities that include leadership training, outdoor skills
instruction and other meetings that are strictly associated with the operations of the troop.
Page I of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE-YEAR LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI
ROTARY CLUB FOR THE USE OF CITY PROPERTY NEAR MCKENZlE
ROAD AND ALMSON DRIVE BY THE BOY SCOUTS AND IN
CONSIDERATION OF THE ROTARY CLUB MAINTAINING THE
PREMISES AND IMPROVEMENTS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Five-Year
Lease Agreement with The West Corpus Chdsti Rotary Club for He use of city property
near McKenzie Road and Allison Ddve by the Boy Scouts and in consideration of The
Rotary Club maintaining the premises and improvements. A copy of the Lease
Agreement, including an exhibit that is attached to and incorporated into ~he Lease
Agreement, is attached as Exhibit "A" and a copy is on file with the City Secretary.
SECTION 2. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 3.. Upon wdtten request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8~ day of February, 2005.
Page 2 of 3
A'I-rEST:
cl'rY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 18 January 2005
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Page 3 of 3
Corpus Chdsti, Texas
.day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consldemtk)n and
voting upon ordinances at two regular meetings. I/~ve, 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 Membem
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenem
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
18
CITY COUNCIL
AGENDA MEMORANDUM
February 8, 2005
AGENDAITEM:
Exempting River Ranch Estates Subdivision [rom payment of Wastewater Acreage Fees pumuant to
Section V.B.6.1) or the Platting Ordinance.
ISSUE: The City Council, with the advice of the Planning Commission, may exempt an area [rom
payment of lot or acreage fees it such area is determined by [he Council to not likely be served by
City water or wastewater services within the next i'ifteen (15) years.
RECOMMENDATION: Planning Commission and Staff Recommendation (January 26, 2005):
Approval.
REQUIRED COUNCIL ACTION: Approval and passage of resolution exempting River Ranch
Estates [rom payment of wastewater acreage fees.
Barbara A! Bailey-Holly, AICP
Director of Development Services Depar~nt
Attachments:
Exhibit A - Background Information
Exhibit B - Resolution
Exhibit C- Letter from James H. Dean
Exhibit D - Location Map
Exhibit E - Memorandum from Wastewater Department
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Section V.B.6.1.) of the Platting Ordinance states the following:
"No lot or acreage fee must be paid if such land for which the fees are paid lies within an
area exempted by the City Council from the payment of such fees. Such exempted areas
shall be those determined by the City Council to not likely be served by City wastewater
services within the next fifteen (15) years."
In accordance with Section V.B.6.1), Mr. James Dean is requesting exemption from the
wastewater acreage fees for his subdivision, River Ranch Estates. River Ranch Estates is
located along the north side of Farm to Market Road 624 and along the west side of
County Road 75. The subdivision contains 14 single-family residential lots. The
subdivision is located approximately three miles outside the City of Corpus Christi city limits
and outside the western boundary of the River Acres Water Supply Corporation (RAWS)
and the Allison Area Wastewater service area. River Ranch Estates is also located outside
the City's Certificate of Convenience and Necessity (CCN) area.
The Allison Area Master Plan was adopted in September 28, 2004 and extends west to
County Road 75. River Ranch Estates does not have public water service. The nearest
wastewater line is in the Wood River area, approximately three miles east of the
subdivision.
The City's Wastewater Department has reviewed Mr. Dean's request and has concluded
that it is unlikely that wastewater services will be available within the next 15 years. (See
attached memorandum) The Wastewater Department recommends the waiver of the
$50,220.00 in acreage fees.
Planninq Commission Recommendation (01126105): Approval to exempt River Ranch
Estates from the wastewater acreage fees.
EXHIBIT A
H:~LN~DIR~HARED\WORD~PLATS\EXEMPTION~RIVERRANCHESTATES CCAGENDABACKGRD DOC
RESOLUTION
EXEMPTING RIVER RANCH ESTATES SUBDIVISION FROM THE
PAYMENT OF WASTEWATER ACREAGE FEES PURSUANT TO
SECTION V. B. 6. I. OF THE PLA'I-rING ORDINANCE.
WHEREAS, River Ranch Estates Subdivision (Subdivision) is located approximately 3
miles outside the city limits of the City of Corpus Chdsti and has no public water service;
WHEREAS, the owner, Mr. James H. Dean, has submitted a written request that the
Subdivision be exempt from the payment of wastewater acreage fees based on the
determination by the City's Wastewater Department that it is unlikely that wastewater
service will be available to the Subdivision within the next 15 years;
WHEREAS, based on Section V. B. 6. I. of the Platting Ordinance of the City of Corpus
Christi, City staff and the Planning Commission are recommending that the Subdivision
be exempt from the payment of wastewater acreage fees at this time.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the River Ranch Estates Subdivision is exempt from the
payment of wastewater acreage fees at this time, pursuant to Section V. B. 6. I. of the
Platting Ordinance of the City of Corpus Chdsti.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: ~',,¢,,,~ Z.- , 2005.
By:
For City Attorney
Reso-RivRnchEst
Corpus Christi, Texas
of ,2005
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
2
Reso-RivRn ctlEst
River Ranch Estates
James H. Dean
P.O. Box 248
Sandia, Texas 78383
Phone: (361) 547-0707
Mr. Harry Powers
City of Corpus Christi
Planning Department
P. O Box 9277
Corpus Christi, Texas 78469
Re: RiverRanch Estates SubdivisionSewer S~rice-~F~
Dear M~,:~Powers~
The proposed River Ranch Estates Subdivis'i~e,;4,~ 5.t - R '..~ .... ' - '~'
projem, exl by the City of Corpus Christi 11 is 5 miles we~t~f~tht'-imerso~ilm~eff4~l~ay 77
and FM 624 at the intersecqion of FM 624 and CR 75.
This area is not anticipaled to have Cily sewer service within the nexl fifteen years This
being the case, ] respectfully requesl lhal lhe River Ranch Estates subdivision be exempt
of sewer service fees by the City of Corpus Christi as referred lo in Platting Ordinance
Seclion V, B6.1, page 71.
Your immediale attention lo Ibis requesl would be greally apprecialed
,rSincerely yours,
James H Dean
I~EVELOPMEN"[ SERVICEr-
SPECIAL EERVICE~
~ ~'.."'-~ . ~ ,~_~- _~ -..
/ ~ EX1 TERRITORIAL~LII~
-:./.. ~ ~ , .~. ,,~ ,
.. l"_.' ~.~,_.~... ~ .~ .....~., ,. .~. :~-
~AST~ V~ATE R
CITY OF CORPUS CHRISTI
WASTEWATER DEPARTMENT
RECEIVED
SEP 8
TO:
FROM:
DATE:
RE:
CITY OF CORPUS CHRISTI
Barbara Bailey, AICP, Director of D~em Services DEVELOPMENT SERVICES
Foster Crowell, Dire~lor o~ W aslewale~~
September 23, 2004 ~'~-~%%
River ]Lanch E$1alles - RequeSl for Eaemplion of Wastewater Acreage g_ee~__
In response to fax received on September 20, following Tofi~ Bacon's request to HasTy Power
for a copy of his July 29 memo on the subject, xhe Wastewater Department investigation
results include:
· There is no City wastewater in lhe area
· There are no projects in Was~ewater's Capital Improvement Program to provide service
]n the are. e in eJzber ~he short or iong zcrm 7 likely no City service within 15 years
· Nueces County has informed the consultant developing the Allison basin Master Plan that
they are not interesled in providing waler or wa~ewaler services in this area
· KAW$, which provides utility service flora Wood River to County Road 73,
approximately, has expressed no interest in providing s~nitary sewer into the area of
River Ranch Estates
Accordingly, in accordance with Platting Ordinance paragraph V_B.6.1, wastewat~r
recommends waiver the $50,220 in acreage fees, as no service will likely be available within
the next 15 years.
CC:
M. F. Tememc, P. E., Assismnl Dtrecaor of Dcvelopmenl Services
Hah3' Power, Cily Planner
Ron Ma-~,, A~sis~.anl City_ Managel of Pubhc Works
'Angel Escobar, P. E. Dbecaor of Engineering Sen4ces
Admimsu~fion Fi/e
19
CITY COUNCIL
AGENDA MEMORANDUM
Februa~ 8,2005
AGENDA ITEM: Ordinance abandoning and vacating 4,280-square f~'t, of a 30-foot wide
utility easement out of Lo~ 1, Block 1, Tayl(x Best PI~:,~. located south of Northwest
Blvd. (FM624) and west of CR69; requiring Ihe owner, Jac~ Taylor, to comply with the
specified conditions; and dedaring an emergency.
ISSUE: The purpose of this easement closure is to install his Taylor Best Plaza business
sign on this portion of his property closer to FM 624, Northwest Blvd.
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 o[ 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.
B.A.H IoI~AICP
Director of Development Se~ices
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OFCLOSUREAND BACKGROUND:
Jack Taylor, Owner, is requesting to abandon and vacate approximately 4,280-square feet
of a 30-foot wide utility easement, out of Lot 1, Block 1, Taylor Best Plaza, to allow for the
construction and installation of a business sign for Taylor Best Plaza within the existing
utility easement. The 30-foot utility easement to be abandoned and vacated is located in a
"B-4" General Business District.
All public and franchised utilities were contacted. None of the city departments and
franchised utility companies have any existing or proposed facilities within the utility
easement. There were no objections regarding the proposed utility easement
abandonment.
Staff recommends payment of the fair market value fee be waived because it was City staff
that required Owner to dedicated the 30-foot wide utility easement, but now has
determined that such easement is no longer necessary. The owner has been advised of
and concurs with the conditions of the easement abandonment and vacation.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: Februaw 2, 2005
TO THE CITY MANAGER OF THE CI'FY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: February 8, 2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating approximately 4,280-square feet of a 30-foot wide utility
easement out o[ Lot 1, Block 1, Taylor Best Plaza, located south of Northwest Blvd. (FM 624), west
of CR 69; requiring the owner, Jack Taylor, to comply with the specified conditions; and declaring an
emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 62, Page 124, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1)
Fair Market Value to be waived because City staff required Owner to dedicate the
30-foot wide utility easement but now no longer have a need for.
2)
Upon approval [rom Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real properly Map Records of
Nueces County, Texas, in which the property is located. Pdor to Building Permit
approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services.
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: ~ 'o~0~
APPROVED:
DATE:
EXHIBIT B
,0§ E~' L "'
/~o0,go.ogN I
AN ORDINANCE
ABANDONING AND VACATING A 4,280-SQUARE FEET OF A 30-
FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, BLOCK 1, TAYLOR
BEST PLAZA, LOCATED SOUTH OF NORTHWEST BLVD. (FM 624)
AND WEST OF CR 69; REQUIRING THE OWNER, JACK TAYLOR, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, there is 4,280-square feet of a 30-foot wide utility easement out of Lot 1,
Block 1, Taylor Best Plaza, located south of Northwest Blvd. (FM 624) and west of CR
69, as recorded in Volume 62, Page 124, Map Records Nueces County, Texas, that the
owner, Jack Taylor, (Owner), wishes to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Chdsti 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 4,280-square feet of a 30-foot wide utility easement in Lot 1,
Block 1, Taylor Best Plaza, as recorded in Volume 62, Page 124, 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:
Fair market value will be waived because Owner dedicated the utility easement
at staff's request and the easement is no longer necessary.
Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Services may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
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:~LEG-DIR~oseph\ORD-TayBcst-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 8th day of February, 2005.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Arrnando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved
,2005
Assistant City Attorney
For City Attorney
H:'~LEG-DI~Jos eph\ORD-TayB es t-ay.doc
Corpus Christi, Texas
day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 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:~LEG~DIR~Joseph\ORD-TayBe~-av,doc
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 11, 2005
AGENDA ITEM:
a) Ordinance authorizing the City Manager or his designee to execute a Short Term Lease
Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food and Beverage Services,
Inc. for the operation of food and beverage concession at the Corpus Christi International Airport
in consideration of payment of a minimum rental fee and percentage rent, commencing upon the
later of the date of award by the City Council or February 1, 2005 for a period not to exceed one
year; and declaring an emergency.
b)
Ordinance authorizing the City Manager or his designee to execute a Long Term Lease
Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food and Beverage Services,
Inc. for the operation of food and beverage concession at the Corpus Christi International
Airport in consideration of payment of a minimum rental fee and a percentage rent for a term of
ten years with a five year option to renew upon agreed terms; and providing for publication.
ISSUE:
We are currently operating on a short term agreement for food and beverage services with Whataburger
due to the mutual agreement between MRCC and the City to terminate the former food and beverage
concession agreement at the Airport.
The City requested proposals and received two proposals from Game Time Food and Beverage Services
Inc. headquartered in Buffalo Groves, Illinois and MSE Branded Foods headquartered in Gainesville,
Georgia. The Selection Committee members included the following: Director of Aviation, Assistant
Director of Aviation, and Procurement and General Services Manager for the City. Each member
evaluated each proposal in depth in accordance with the criteria outlined in the RFP. The Selechon
Committee rated each firm in each category and the following matrix shows the median scores of each
firm for each category.
Maximum Game Time Food and MSE Branded
Criteria Points Beverage Services Inc. Foods
Compensation Paid to the City 25
Company/Management Profile 25
Service to Customers 25
Pdces & Menus 10
Capital Investment 10
General Response to RFP 5
24.0 10.0
20.0 13.3
22.0 16.0
6.6 5.6
8.0 4.6
3.0 1.0
TOTAL POINTS 83.6 50.5
Game Time Food and Beverage Services, Inc.(GT) was selected as the most responsive proposal to
negotiate a lease for the food and beverage concession operations. GT has several operations in the
Valley area of South Texas and is currently operating in McAllen Airport. They want to work with the
City, Chamber of Commerce and other local organizations to promote the Airport as well as provide an
extensive catering menu for parties wanting to utilize the Airport facilities for events. Game Time
approached Whataburger in order to afford them to have a presence at the Airport and after serious
consideration, Whataburger decided not to operate in an Airport environment.
REQUIRED COUNCIL ACTION:
Council approval as requested.
PREVIOUS COUNCIL ACTION:
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of this item as presented.
Attachments:
Exhibit A - Background Infon'natJon
Exhibit B - Lease Summary
Department Head Signature
Exhibit A
BACKGROUNDINFORMATION
Earlier this year, MRCC informed the Airport that they wanted to work with the Airport to garner
another food and beverage concessionaire to take over the MRCC operations at the Airport due to
financial losses at the Airport. At that time, Airport staff contacted Host International Inc. who operates
the News and Girl Shop at the Airport and also provides food and beverage services at many national
airports and Whataburger who was franchised ttu-ough MRCC at the An'port to offer the concession
operations to them individually. Neither companies were interested in entering into an agreement for the
food and beverage concession at that time.
Once this occurred, Airport and City staff put together a Request for Proposal (RFP) for a Food and
Beverage Concession at the Airport. The proposal was sent to the following companies: Blimpie Subs
and Salads, Game Time Food and Beverage Services, Inc., MSE Branded Foods, Noble Food Services,
Whataburger, and Weinerscknitzel. In addition, it was sent to 59 other local restaurants in Corpus
Christi and advertised in the Caller Times.
Lease Summary
Exhibit B
Game Time Food and Beverage Services, Inc's(GT) lease for the food and beverage concession at the
Airport includes the following:
· Provides for a Guaranteed Annual Fee of $72,000 or a percentage of gross sales ranging from
12% - 17% depending on amount of armual sales. GT will pay all utility and service cost and
provide $175,000 for equipment for operations which will become the City's assets at the end of
the ten year term.
· GT will provide oversight and project management of the build out of a shell space in the gate
area next to the current News and Gift Shop. Hangars Fun Foods and Libations will provide
breakfast, lunch and dinner food service and alcoholic beverages as well as boxed meals in the
post checkpoint area of the terminal. There will be a variety of quick foods offered as well such
as hot dogs, popcorn, and ice cream. The shell space build out will be completed by May 31,
2005. The City shall provide funds not to exceed $90,000 for the planning, design, and
construction of the shell build out space. GT will provide temporary food service in the gate area
while the shell space is being built out.
· GT will also provide oversight of the conversion of the current restaurant (previously Chilis) to
pre-checkpoint status by removing the glass wall that divides the current Whataburger service
windows and relocating it to the current entrance of the previous Chilis restaurant. GT will
provide their signature Game Time Sport Restaurant and Lounge which will have a varied menu
including hamburgers, salads, chicken, Mexican foods, seafood, and steak as well as a full
service breakfast menu focusing on Mexican breakfast plated foods. It will display sports
memorabilia as well. The security wall will be relocated prior to the beginning of operations on
February 1, 2005. The City shall provide funds not to exceed $15,000 to relocate the security
wall.
This is a standard short and long term lease as required by Charter for leases over five years in duration.
The short term lease will be effective upon Council approval and their declaring an emergency. The long
term lease will be effective upon the 61~ day following approval at the second reading, which must
follow the first reading by at least 28 days. The long term lease expires April 30, 2015 and provides for
one five year extension with the agreement of both parties. It also addresses maintenance, security, and
other issues relative to the food and beverage concession at the Airport.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
LONG-TERM LEASE AGREEMENT WITH AMARILLO SPORTS
SERVICES. INC. D/BIA GAME TIME FOOD AND BEVERAGE SERVICES,
INC. FOR THE OPERATION OF A FOOD AND BEVERAGE CONCESSION
AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN
CONSIDERATION OF PAYMENT OF A MINIMUM RENTAL FEE AND A
PERCENTAGE RENT FOR A TERM OF TEN YEARS WITH A FIVE YEAR
OPTION TO RENEW UPON AGREED TERMS; AND PROVIDING FOR
PUBLICATION.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to execute a iong-term lease
agreement with Amadlio Sports Services, Inc. d/b/a Game Time Food and Beverage
Services, Inc. for the operation of a food and beverage concession at the Corpus Chdsti
International Airport in censideration of payment of a minimum rental fee and a
percentage rent for a term of ten years with a five year option to renew upon agreed
terms
SECTION 2. Publication will be made in the official publication of the City of Corpus
Chnsti as required by the City Charter of the City of Corpus Chdsti.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenem
Henry Garrett
Bill Kelly
day of
,2005, by the following vote:
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this the
__ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Coimenero
Henry Garrett
Bill Kelly
APPROVED AND PASSED on this
,2005, by the following vote:
Rex A_ Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
day of
,2005.
AI-I'EST:
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED ~, OF Janua~, 2005.
By:
/J~bhn P. Burke, Jr.
[~,~ssistant City Attomey
21
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 COMMI'I-I'EE REGARDING MEMBERSHIP AND DUTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
ISSUE:
The Business Resource Center Steering Committee was established in 2002 as the governing board
for the Business Resource Center. In August 2004, the City. Council deleted the business resource
center steering committee ~rom ~he code d ordinances and established the Small Business Advisory
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
cornmlttee would be more bonel~cial 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 underutilized businesses and jct)s ~nployed by such
businesses; on the development of partnerships with organizations to initiate, enhance or reseamh
such projects and programs; and to serve as a I~ocal point to communicate approaches to identify,
attract, expand, and retain small and histodoally underutilized businesses. Examples of activities
would include developing outreach activities targeting s~nall and historically unden~ir~e~l businesses
to increase awareness and participation in economic development incentive programs, such ~ the
Renewal Community, tax abatement, and Ihe Business Development fund; developing partnemhips
with state agencies and local non-profiis to retain, expand and attract small and historically
underutilized businesses; developing parb~emhips to gain additional f~:leral and state economic
development Incentives; develop programs to facilitate the redevelopment of targeted areas in
par'mership with small and historically underutilized businesses. The proposed amendments also
provide a firm number of members and a general description of qualifications for conslderaMon 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.
Oscar Martinez
Assistan~ City Manager
AN ORDINANCE
AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE IV, DMSlON 12,
SMALL BUSINESS ADVISORY COMMrFrEE, 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 o[ Ordinances, Chapter 2, Article IV, Division 12, Small
Business Advisory Committee, is amended to read as follows:
"DIVISION 12. SMALL BUSINESS ADVISORY COMMITTEE
"Sec. 2-14Q Establishment.
'q'here is hereby established the "Small Business Advisory Committee" (Committee) which shall consist
o[ a minimum of nine (9) members and not more than fifteen (15) mombem. The members of b~e
Committee shall be appointed by the c~ council. The Committee shall have the guidance and
assistance of the director of economic development. The members of the Comm~tee shall serve without
compensation.
"Defini~0ns:
"Historically Underu6tized Business" means a minority, women and disabled business frrns that are at
least fifh'-one percent owned and operated by an individual(s) of the aforementioned cale~odes. Also
included in this cateqo~ are disabled business enterprises and non-profit work centers for the blind and
severely disabled.
"Small BusineSs" means a business that meets ~he U.S. Small Business Administration's ("SBA")
definition which is a business that is indeoenden[t¥-owned and o~:)erated, is not dominant in its field of
operation and in compliance with the SBA's Small Business Size Requlations.
Sec. 2-141. Membership, terms, and quorum.
(a) The Committee sha~l be composed of the follo',ving individuals:
1. One (1) representing Texas A&M Universibj Corpus Chds~i
2. One (1) representing Del Mar College
3. One (1) repreconting Co3stal Bend Workforce Development Corporation
· '1. One (1) representing the Corpus Chdsti Hispanic Chamber o[ Commerce
5. One (1) representing the Co[pus Christi Chamber of Commerce
6. One (1) representing the Black Chamber of Commerce
7. Two (2) ropresanting small business corvice providers
8. Throe (3) representing business associationc
9. Four ('1) representing small business owners having ross th3n 50 employees
Janua~ 19 2005 SBAC - v2.DOC
2
"(a) The committee shall be composed of representatives rrcm an orqanizations that assists small and
histoncally underutilized business, which includes orqanizatJons [tat provide pro<lrams and services [tat
facil~te in the at'o-action, creation, expansion or retention o1' small and historically underutilized
busin,:~_ ~,~ and lobs in Comus Chdsti, local small or historically underutilized business owners, or
representatives from businesses that support small and historically underutilized businesses such as
banks and real estate aclencies.
"(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 one half (1/2) one-third (1/3) of [te terms expire in
any one city fiscal year. The term of each member shall continue until a suocessor 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 majodty of [te Committee members shall constitute a quorum. Tho concurnng vote of a majodty or
those proeent, but not less than one half (1~) members shall be required for making a decision.
"Sec. 2-142. Organization.
"(a) The chair and vice-chair of the Committee shall be elected by the members at the i~rst 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 e~ther 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 ti[teen (15) days of [te meeting or activity, The Committee shall meet at least once each quarter
and may meet mere 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 historicell¥ underutilized
businesses. The chair, with advice and consent of the city council, may call upon individuals Eom
throughout [te community to assist the Committee or its subcommittees in the analysis of items being
considered by the Committee.
"(d) The director or 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 advise and recommend contracts tor business related services and
programs to create, sustain, and expand minority, small, and disadvantaged businesses; and to serve as
a foc~l point to communicate approaches for tho development, retention, and expansion of minority,
small, and disadv3ntoged businesses, advise the Economic Development Office on prelects and
@roqrams to io~tiate, enhance or research for the purpose of retaininq, expandinq, creatinq small and
historically underutilized businesses and lobs provided by small and historically underutilized businesses;
on the development of partnerships with omanizations to initiate, enhance or research such prelects and
~ro~rams; and to serve as a k)cal point to communicate approaches to identify, attract, expand, and
retain small and historically 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 19 2005 SBAC - V2DOC
o[ this ordinance, for it is the definite intent of this Ci~ Council that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance be given full i'orce and effect for its purpose.
SECTION 3. Publication shall be made in the o['ficial publication of the City of Corpus ChdslJ as required
by the City Charter of the City ol~ Corpus Chdsti.
JANUARY 19 2005 SBAC -V2 DOC
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the i'oregoing ordinance was read for I~e first [Jme and passed to its second reading on this the
day of ,2005, by the following vote:
Bill Kelly
Rex A, Kinnison
Jesse Noyola
Mark Scott
That the i'oregoing ordinance was read for the second time and passed finally on this the
,2005 by ~e i:ollowing vote:
Samuel L. Neal, Jr.
Bi-ent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, ~his the
ATTEST:
Bill Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
__ day of
,2005.
Armando Chapa
Ci~' Secretary
APPROVED: ~ . ~
Lisa Aguilar ~
Assistant City Attomey
i~or City Attomey
,2005
Mayor
Samuel L. Neal, Jr.
4
day of
January 19 20'05 SBAC - v2 DOC
22
CiTY COUNCIL
AGENDA MEMORANDUM
February 8, 2005
AGENDAITEM:
Public hearing to consider abandoning and vacating a 1,250-square foot portion of a
10-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition
(between S. Port Avenue and Harmon Street).
Ordinance abandoning and vacating a 1,250-square root portion of a 10-foot wide
alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (Between S. Port
Avenue and Harmon Street); subject to owner's compliance with the specified
conditions.
ISSUE: Mr. Alfonso Quintero III ("Owner") is requesting to vacate and abandon the alley
right-of-way to eliminate a continuous theft problem at his business, and the ongoing use of
the alleyway in criminal activities.
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 as presented.
~AICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibi[ B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Mr. Alfonso Quintero Ill, owner of Lots 27-35, Block 5, Steele's Addition, is requesting the
abandonment and vacation of a 1,250-square foot portion of a 10-foot wide alley right-of-
way, out of Lots 27-35, Block 5, Steele's Addition. The alley right-of-way to be abandoned
and vacated is located between Harmon Avenue and South Port Avenue and is in a "B-5"
Primary Business District.
The 10-foot wide alley right-of-way is located between Lots 27-35, Block 5, Steele's
Addition. The said portion of the alley right-of-way is being abandoned and vacated to
eliminate a continuous theft problem at his business, and the ongoing use of the alleyway
by drug users and alcoholics.
All public and franchised utilities were contacted regarding this closure request and there
were some concerns received by the City Water Department. City Water Department has
an existing 2" waterline and water meter within the alley right-of-way and is asking that
owner retain the entire alley right-of-way as a utility easement. Owner is to relocate the
adjacent property owner's water meter located within the alley right-of-way proposed for
closure, at owner's expense. AEP had no objections, but will seek reimbursement by the
Permittee if adjustments to their facilities become necessary. None of the other city
departments and franchised utility companies had any facilities within the easement or any
objections to the alley right-of-way being abandoned and vacated.
In accordance with City Code 49-12. (1), closure of this alley section to be acquired by Mr.
Alfonso Quintero III, owner of the adjacent property, is not required to pay fair market
value. The owner has been advised of and concurs with the conditions of the right-of-way
abandonment.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: January 31, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Februarv 8, 2005
ORDINANCE CAPTION:
a. Public hearing to consider abandoning and vacating a 1,250-square toot portion of a 10-foot wide alley right-
of-way out of Lots 27-35, Block 5, Steale's Addition (between S. Port Avenue and Harmon Street).
b. Ordinance abandoning and vacating a 1,250-square foot portion of a 10-toot wide alley right-et-way out
Lots 27-35, Block 5, Steele's Addition (Between S. Port Avenue and Harmon Street); subject to owner's
compliance with the specified conditions.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 2, Page 49, el~ the Map Records et Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. In accordance with Cit~ Code 49-12. (1), closure of ~his alley section to be acquired by Mr. Alfonso
QuinLero III, owner of the adjacent property, is not required to pay fair market value
2. Owner is to retain the entire alley right-of-way as a u~Jlity easement.
3. Owner is to relocate the adjacent properb/owner's water meter at owner's expense.
4. AEP had no objections, but will seek reimbursement by ~he Permittee if adjustments to their facilities
become necessary.
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 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.
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 I~me limit tot an additional
180 days il~ extenuating circumstances outside the Owner's con,roi necessitate an extension.
BY:
CP, Director of Development Services
DATE:
Approved:
Date:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 1,250-SQUARE FOOT PORTION OF
A 10 FOOT WIDE ALLEY RIGHT-OF-WAY, OUT OF LOTS 27-35,
BLOCK 5, STEELE'S ADDITION (BETWEEN S. PORT AND HARMON
STREET); SUBJECT TO OWNER'S COMPLIANCE WITH THE
SPECIFIED CONDITIONS.
WHEREAS, there is a 1,250-square foot portion of a 10 foot wide alley right-of-way, out
of Lots 27-35, Block 5, Steele's Addition (between S. Port and Harmon Street), as
recorded in Volume 2, Page 49, Map Records Nueces County, Texas, that the owner,
Alfonso Quintero, II1, (Owner), wishes to have abandoned and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the
public right-of-way for all purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 1,250-square foot portion of a 10 foot wide alley right-of-way, out
of Lots 27-35, Block 5, Steele's Addition (between S. Port and Harmon Street), as
recorded in Volume 2, Page 49, Map Records Nueces County, Texas, is abandoned
and vacated for public use as public right-of-way, subject to Owner's compliance with
the following specified conditions as part of the abandonment and vacation:
Owner is exempt from payment of the fair market value due to the alley right-of-
way being acquired by the abutting property owner, as per Sec. 49-12.
2. Owner is to retain the entire alley ROW as a utility easement.
3. Owner is to relocate the adjacent property owner's water meter at his expense.
AEP had no objections but will seek reimbursement if adjustments to their
facilities become necessary.
Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Services may
extend the time limit for an additional 180 days if extenuating circumstances
outside the Owner's control necessitate an extension.
H:~LEG-DIRXJoseph\ORD-Steele-alley-av.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
day of
,2005, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the day of
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2005, by the following vote
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the
ATTEST:
day of ,2005.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved (~¢.~.~.~ ~, ,2005
By:
Assistant City Attorney
For City Attomey
Samuel L. Neal, Jr.
Mayor
H:\LEG-DIR~Joseph\ORD-Steele-alley-av.doc
" (f,250-Square ~t)
ALLEY CLOSURE
LOTS 27.35, BLOCK 5
STEELE'S ADDITION
EXHIBIT C
23
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 2/08/05)
Ca~e No.:0105-07 - Citgo Corous Christi Refinin~ and City of Corous Christi: A change
of zoning from an "R-lB' One-family Dwelling District, "R-IC" One-family Dwelling
District, "R-2" Multiple Dwelhng District and "A-l" Aparnnent House District - Tract 1 and
from "R-lB" One-family Dwelling District on Tract 2 to an '~I-2' Light lndustxial Dislxict on
Tract-1 and to an "I-3" Heavy Industrial District on Tract-2 located north ofltt 37, south of
Gibson Street, east of Poth Lane and west of Buddy Lawrence Drive.
Plaonino_ Commission and Staff's Recommendation (01/26/05): Approval of the "I-2" Light
Industrial District on Tract - 1 and Approval of the "I-3" Heavy Industrial Disl~ict on Tract 2.
Re~luested Council Action: Approval of the "1-2" Light Industrial District on Tract -land
Approval of the "I-3" Heavy Indusmal District on Tract - 2 and adoption of the attached ordinance.
Puroose of Reaueat: Tract -1 and 2 - Pipe lay down storage yard and parking lots.
Applicant requesting a change of zoning to "I-2" Light industrial Disaict on Tract -1 and "I-3"
Heavy Industrial District on Tract 2. The request is to allow for lay down pipe storage yards and
parking lots on each Tract.
· The subject property consists of 35.26 acres on Tract - I and 22.20 acres on Tract - 2, totaling 57.46
Tracts 1 and 2 were formally single-farmly subdivisions, whereby the housing stock was removed
once the property was purchased by Citgo Refining. All lots within the subject Tracts are vacant with
the exception of two lots within Tract -1 pending negoaafion for purchase by Citgo Refining. Since
the two residential lots are not owned by Citgo Refining the City of Corpus Christi is initialing the
rezoning of those lots for land use consistency.
· Access for the property is primarily provided along Poth Lane and Buddy Lawrence Drive, both
being collectors. Each primary street oftbe subject prop6'rty connects to the I.H. 37 fi'ontage road.
A policy statement within the Comprehensive Plan recommends that new heavy industrial
uses/zoning shall not be closer than 1,000 feet from I.H. 37 fight, of-way, in order to protect the City's
prtmaty emergency evacuation routes. Tract - 2 proposed as an "I-3' Heavy Industrial Dim'icl is
located 1,000 feet fi-om I.H. 37 and meets the recommendation oftbe Plan.
The "I-3" Heavy Industnal District pernuts objectionable uses, such as petroleum tanks, requiring
Bom-d of Adjusmaent approval. At this time, the applicant does not liave plans for the placement of
petxoleum tanks on Tract - 2.
Aoll, lic,ant's Position: The apphcant concurs with Planning Commission and Staff's recommendation.
Notification: Of the 9 notices mailed to the surrounding property owners, none were returned in favor or
in opposition. The 20% rule i~ not in effect. This case is conshlered noncontroversial
Assistant Director of Development Services
MGFFGM/ca
Attachm~la:
1) Zomng Report
2) Plmmmg Commission Minutes
3) Ordinance
H:~P LN-DIR~S ~ HRI STAL\WORDL&GENDMEIvtX2005 ~ 1054)7AG ENDAMEIMO.docDOC
ZONZNG REPORT
Case No.: 0105-07
Planning Commission Hearing Date: January 26, 2005
Applicant: Citgo Corpus Christi Refining and City of Corpus Christi
Owner: Citgo Corpus Christi Refining
Agent: Maverick Engineenng, Inc Govind Nadkami
Legal Description/Location: Tract-I being 35.26 acres out of a portion of Oak Park,
Grace Heights, Oak Lawn and Harbor View Estates Subdivisions and Tract-2 being
22.20 acres out of Harbor View Estates Subdivision, located north of IH 37, south of
Gibson Street, east of Poth Lane and west of Buddy Lawrence Drive.
From: "R-lB" One-family Dwelling District, "R-lC" One-family Dwelling District, "R-2"
Multiple Dwelling District and "A-i" Apartment House District - Tract -1
"R-lB" One-family Dwelling District Tract - 2
To: "[-2' Light Industrial District - Tract-1 and "I-3" Heavy Industrial District -Tract - 2
Area: Tract 1 35.26 Acres Tract - 2 22.20 Acres Total Acres - 57.46
Purpose of Request: Tract -1 and 2 - Pipe laydown storage yard and parking lots.
Site
North
South
Eas!
West
Zoning
"R-lB", "R-lC" "R-2" and
"A-I" Districts
Out of City Limits
"R-lB" One-family Dwelling
District
"I-3" Heavy h~dusthal
District and Out of City
Limits
"B-3" Business District
Existing Land Use
Vacant lots and two low-
density residential
properties
Vacant land and refinery
property
Vacant lots and
Interstate 37
Vacant land and refinery
property
Vacant lots
Future Land Use
Low-density residential
until residential properties
are removed then lransition
to Industrial
Heavy Industrial
Low-density residential
Heavy Industrial
Low-density residential
until residential properties
are removed then transition
to business district not
allowing residential
Zoning Report
Case No. 0105-07 (Citgo Corpus Cturisti Refining and City of Corpus Cttristi
2
Area Development Plan: PortJAirport/Violet The requested "I-2" and "1-3" Districts are
consistent with the long range plan for the subject property.
Map No.: 48046 and 49045
Zoning Violations: None
Applicant requesting a change of zoning to "1-2" Light Industrial District on Tract -1 and
"I-3" HeaW Industrial District on Tract 2. The request is to allow for laydown pipe storage
yards and parking lots on each Tracl.
The subject property consists of 35.26 acres on Tract 1 and 22.20 acres on Tract 2,
totaling 57.46 acres.
Tracts I and 2 were formally single-family subdivisions, whereby the housing stock was
removed once the property was purchased by Citgo Refining. All lots within the subject
Tracts are vacant with the exception of two lots within Tract -1 pending negotiation for
purchase by Citgo Refining. Since the two residential lots are not owned by Citgo Refining
the City of Corpus Christi is initiating the rezoning of those lots for land use consistency.
Access for the property is primarily provided along Poth Lane and Buddy Lawrence Drive,
both being collectors. Each primary street of the subject property connects to the I.H. 37
frontage road.
A policy statement within the Comprehensive Plan recommends that new heavy industrial
uses/zoning shall not be closer than 1,000 feet from hH. 37 right-of-way, in order to protect
the City's primary emergency evacuation routes. Tract - 2 proposed as an "I-3" Heaw
Industrial District is located 1,000 feet from I H. 37 and meets the recommendation of the
Plan.
The "I-3" Heavy Industrial District permits objectionable uses, such as petroleum tanks,
requinng Board of Adjustment approval. At this time, the applicant does not have plans for
the placement of petroleum tanks on Tract 2.
Street Type Paved Section Volume
(2001)
Poth Lane Collector 55' R.O.W. w/ 18' paved Not available
section
Buddy Lawrence Drive Collector 55' to 80' R.O.W. 28' to 62' Not available
paved section
The subject property is platted.
H:~P LN-DIR\S HARED\CHRISTAL\WORD~ZONRPTSX2005\0105-07Report doc
Zoning Report
Case No. 01054)7 (Citgo Corpus Christi Refirfing and City or-Corpus Christi)
Page 3
Long range plans for the subject property support the removal of low~lensity residential uses and
the lransitioning of the subject property to an indus~al district.
Approval of the "I-2" Light Industrial District on Tract -1
Approval of the "1-3" Heavy Industrial District on Tract - 2
Number of Notices Mailed 9
Favor 0
Opposition 0
(As of January 19, 2005)
Attachment: Zoning Map
Conceptual Contractor Parking Lot and Laydown Yard Plan
H:~PLN-DIR~SHARED\CHRISTA L\WORD~ZONRPTSX2005\0105 -07Report doc
°C~suBJE,
I-2
PARCEL
B-3
OCL
R-lB -- ----~
INTERSTATE
37
NORTH
Plamnng C~nxmLSsioo Mmut~
January 12, 2005
01054)7
0105-0'7 - Ciigo
Request: Change of zoning from "R-lB" One-family Dwelling Disffict, "R-2" Multiple Dwelling
Disanct and "A-l" Ap~h~,ent House District to "I-2' Light Industrial District on Tract 1 and "I-
3" Heavy Industrial District on Tract 2, resulting in a change of land use from low and medium
density residential to light industrial on Tract 1 and heavy indusmal on Tract 2.
Excerpts from Zoning Report
Legal Description/Location: Tract-I being 35.26 acres out of a portion of Oak
Par& Grace Heights, Oak Lawn and Harbor View Estates Subdivisions and Tract-2
being 22.20 acres out of Harbor View Estates Subdivtston, located north of IH 37, south
of Gibson Street, east of Poth Lane and west of Buddy Lawrence Drove.
Area Development Plan: PorFAirport/Violet The requested "1-2" and "1-3" Distracts'
are conststent wtth the long range plan for the subject property.
Long range plans for the subject property support the removal of low-denstty residential
uses and the transitionmg of the subject property to an industrial district.
Staff Recommendation_ Approval of the "1-2" Light lndustrtal Distrtct on Tract -land
Approval of the "1-3" Heavy Industrial District on Tract - 2
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area_
The zoning report and tape recording are on file. She staled that there were nine notices mailed.
None were rec6nved in favor or in opposition.
In response to Chairman Berlnnga's question, Mrs. Goode-Macon staled Citgo wants to
put m a lay down pipe yard facility and parking area on lhe property.
Mr. G~mning stated Citgo has a petroleum transfer point coming in and need "I-3" zoning
for thai use.
The public heanng was opened. No one appeared to be in favor or in opposition_ The
public heanng was closed. A motion was made by Smith and seconded by Pusley to reconnnend
approval as submitted. The motion passed unanimously with SaiaT.ar and Zamora being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CITGO CORPUS CHRISTI REFINING AND THE CITY OF CORPUS
CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO
TRACT -1 BEING 35.26 ACRES OUT OF A PORTION OF OAK PARK,
GRACE HEIGHTS, OAK LAWN AND HARBOR VIEW ESTATES
SUBDIVISIONS FROM "R-"lB" ONE-FAMILY DWELLING DISTRICT,
"R-"lC" ONE-FAMILY DWELLING DISTRICT, "R-2" MULTIPLE
DWELLING DISTRICT AND "A-I" APARTMENT HOUSE DISTRICT TO
"1-2" LIGHT INDUSTRIAL DISTRICT AND TRACT - 2 BEING 22.20
ACRES OUT OF HARBOR VIEW ESTATES SUBDIVISION, FROM
"R-lB" ONE-FAMILY DWELLING DISTRICT TO "1-3" HEAVY
INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN
TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Citgo Corpus Chdsti Refining and the
City of Corpus Christi for amendment to the City of Corpus Chdsti Zoning Ordinance
and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
January 26, 2005, during a meeting of the Planning Commission, and on Tuesday,
February 8, 2005 dudng a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION "l. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is
amended by changing the zoning on Tract -1 being 35.26 acres out of a portion of Oak
Park, Grace Heights, Oak Lawn and Harbor View Estates Subdivisions from "R-lB"
One-family Dwelling District, "R-lC" One-family Dwelling District, "R-2" Multiple Dwelling
District and "A-l" ApaH~ent House District to "1-2" Light Industrial District and Tract - 2
being 22.20 acres out of Harbor View Estates Subdivision, from "R-lB" One-family
Dwelling Distdct to "1-3" Heavy Industrial District, located north of IH37, south of Gibson
Street, east of Poth Lane and west of Buddy Lawrence Drive. (Map 48046/49045)
H:'J-EGq31R',JOS E PI-~_ONINGA35\01 (35q37REGULAR.DOC
Page 2 of 3
SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.'
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8~h day of February, 2005.
A'II'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED
Joseph a~rney ~'/~
Assistant City Attorney
For City Attorney
?-..- 2005
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:~.EG-DIR".J OS EPH~_ONINGq)5',O 105q37R. EGU LAR.DOC
Page 3 of 3
Corpus Christi, Texas
___day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~LEG-DIR~JOSEPH~_ONING~35~)10~07REGULAR DOC
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/08/05
AGENDA ITEM: Ordinance readopting Corpus Christi City Code Sections 33-40, 33-
411 33-42, and 33-43 relating to the curfew for minors.
ISSUE: Section 370.002 of the Local Government Code requires a city, on the third
anniversary of its juvenile curfew ordinance and every third year thereafter, to review
the ordinance's effects on the community and on problems the ordinance was intended
to remedy, to hold public hearings on the need to continue the ordinance, and to
determine whether to abolish, continue, or modify the ordinance. Section 370.002 (b)
of the Local Government Code provides that failure to act in accordance with Section
370.002 shall cause the ordinance to expire.
REQUIRED COUNCIL ACTION: Readopting the ordinance.
PREVIOUS COUNCIL ACTION: The curfew ordinance was last reviewed by City Council
in February 2002.
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: Staff recommends readopting the ordinance.
Attachments:
BACKGROUNDINFORMATION
Corpus Christi has had a curfew ordinance since the 1950's, generally restricting
minors (under 17) from being in a public place between the hours of 11:00 PM and 6:00
AM. The ordinance was amended in 1991 to update it in accordance with court
decisions, mainly clarifying exceptions to the ordinance. The exceptions pen'nit a
juvenile to be in a public place during curfew hours for legitimate reasons such as
attendance at activities sponsored by civic organizations, employment, an emergency,
or while accompanied by a parent or person over 21 with the parent's consent.
In 1994, the ordinance was amended to include a daytime curfew from 9:00 AM to 2:30
PM on school days, which was designed to complement truancy laws. The ordinance
was amended in 1995 to expand the daytime juvenile curfew from 2:30 PM to 4:00 PM.
A student violates the daytime curfew if he is not in school during the specified hours.
The curfew ordinance also prohibits a parent from permitting their child to violate
curfew, prohibits any person from inducing or assisting a minor to violate curfew, and
prohibits an establishment from permitting minors to remain on the premises in violation
of curfew.
In June of 1996 the Police Department began a stepped up enforcement program of the
evening curfew. During 1996 the number of curfew violations issued reached a high of
2,755 with 82% issued for violations during the evening hours. In 2004 the number of
violations issued was 975 with 71% issued for evening hours violation. 1 Attachment A
displays the history of violations as compared to the number of juvenile arrests since
1996.
The Police Department believes the curfew ordinance is a very valuable tool for law
enforcement in curbing juvenile crime. The total number of juvenile arrests has
decreased from 2,852 in 1994 (pre-daytime curfew) to 737 in 2004. From 1996 to 2004,
juvenile arrests for violent crimes (Homicide, Rape, Robbery, Aggravated Assault)
decreased 75% from 135 to 33 and non-violent crimes (Burglary, LarcenyFrhefl, Motor
Vehicle Theft) decreased 70% from 772 to 228. Attachment B displays the history of
juvenile arrests for Cdmes Against Persons and Crimes Against Property. 2
Major changes in the juvenile crime rate since 1994 are reflective of numerous
successful efforts with the curfew law being an integral and critical tool. The Juvenile
Enforcement Team and the Juvenile Assessment Center are key programs that have
used the ordinance to assist in the reduction of the juvenile crime rate. Overall, the
effectiveness of the curfew ordinance is evident through these arrests statistics and in
the overall reduction of crime involving juvenile offenders.
I Citalion Data provided by Municipal Court
2 Arrest Data provided by CCPD E04 report
on
o.O
J~ltunN
0
0
0
2.224
9515
9517
9515
9517
Juveniles with daytime and nighttime Curfew I
Violations issued by CCPD
I
1996
CURFEW ORDINANCE - DAYTIME 9AM - 2 -30PM (NOW CODE 9~1
CURFEW ORDINANCE-DAYTLME ~.00 AM TO 4,~ PM)
CURFEW ORDINANCE - NIGITFFIME
1997
CURFEW ORDfiNANCE - DAYTIME 9AM - 2'..}0PM (NOW CODE 9~1
CURFEW ORDINANCE-DAYTIME ~:-00 AM TO 4:00 PM)
CUKFEW ORDINANCE - NIGHTYIME
1998
CURFEW ORDLNANCE-DAYTIME (9:00 AM TO 4~00 PM)
CURFEW ORDINANCE - NIGHTTIME
9515
9~17
1999
CURFEW ORDINANCE4)AYTIME ¢9-00 AM TO 4:00 PM)
CUR2~W ORDINANCE - NIGH'I~IM~
9515
9517
2224
9515
9~17
200O
CURFEW ORDINANCE - DAYTIME 9AM - 2:3~PM (NOW CODE 9~1
CURFEW ORDINANCE4)AYT1ME (9_00 AM TO 4.~0 PM~
CUl~q'~W ORDUNANCE - NIGHTTIME
2001
CURFEW ORDINANCE - DAYTIME 9AM - 2--.~PM (NOW CODE 951
CURFEW ORDINANCE4)AYI'IME q9:-00 AM TO 4=00 PM)
CURF'EW ORDINANCE - NIGtl~FIME
2.274
1,9'51
1,312
47O
~71
49
307
1,91~
413
1,5..~
414
L223
2
470
1.196
19
373
920
Arr~t
2224
9515
9~17
9515
9~17
9515
9517
2002
CURFEW ORDINANCE - DAYTIME 9AM - 2'~0PM (NOW CODE 9~1
CURFEW ORDUNANCE4)AYT~dE bOO AM TO 4:0~ PM~
CURFEW ORDINANCE - N]GHT~
2003
CURFE~ ORDiNANCE-DAYtIME ~-00 AM TO ~0 PM}
CUILFEW ORDINANCE - NIGI-VI~IME
2004
CURFEW ORDINANCE-DAYTIM~ ~_~0 AM TO 4.~ PM}
CURFEW OPJ)~ANCE - NIGHTY~ME
Total Curfew Violations
975
744
25(~
20~)
1508
1 Orm
50O
199~ 1987
' I
Curfew Violations
per year
2000 ~1 2(]$)2 20D3 2004
Years
· 1996
[] '~9ee
· 2~4
AN ORDINANCE
CONTINUING THE CURFEW ORDINANCE FOR MINORS, THE CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, SECTIONS 33-40, 33-41, 3:3-42
AND 33-43, AND DECLARING AN EMERGENCY.
WHEREAS the City Council of the City of Corpus Christi has previously
adopted ordinances relating to curfews for minors and found at Sections 33-40,
33-41, 33-42 and 33-43 of the Code of Ordinances, City of Corpus Christi; and
WHEREAS, as provided in Section 370.002 of the Texas Local
Government Code, the City Council must review the curfew ordinance every
three years to determine whether such ordinance should be abolished, continued
or modified; and
WHEREAS Corpus Christi continues to experience juvenile violence,
juvenile crime and juvenile gang activity, resulting in juveniles being involved in a
range of unacceptable behavior to include vandalism, assaults, public
consumption of alcoholic beverages, littering, illegal drug use and burglaries; and
WHEREAS persons under 17 years of age are particularly susceptible by
their lack of maturity and experience to participation in unlawful and potentially
harmful activities, and to becoming victims of other perpetrators of crime, and
Corpus Christi has no more important resource than its young people; and
WHEREAS a lack of parental supervision and guidance contributes to
unacceptable levels of juvenile violence, crime and gang activity, and parental
responsibility needs to be supported; and
WHEREAS attendance at school by minors is vital to the community
because it helps prepare children to be responsible citizens, and a curfew during
.school hours reduces distractions and altematives which induce non-attendance
and activities detrimental to minors and to the community, and compliments laws
compelling school attendance and discourages violations of those laws; and
WHEREAS it is necessary for the City of Corpus Christi to exercise its
authority to protect minors from each other and from other persons, to promote
parental control and responsibility for children, to supplement state truancy laws,
to protect the general public, and to reduce juvenile criminal and delinquent
activities; and
WHEREAS the City Council determines, pursuant to the above findings,
that the public health and safety demands continuation of the ordinance
establishing a curfew for minors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The curfew ordinance found at Sections 33-40, 33-41, 33-42, and
33-43 of the Code of Ordinances, City of Corpus Christi, is hereby centinued.
SECTION 2. Upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and (2)
suspends that Charter rule which requires an ordinance to be considered and
voted upon at two regular meetings, so that this ordinance is passed and takes
effect as an emergency measure upon its first reading, this, the day of
,2005.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Legal form approved
Mary Kay Fischer
City Attorney
Assistant City Afforney
2OO5
TO THE MEMBERS OF THE CiTY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore,
I/we request that you suspend said Charter rule and finally pass this ordinance
on the date of its introduction, or at the present meeting of the City Council,
Respectfully,
Respectfully,
Samuel L, Neai, 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
Henry Garrett
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott