HomeMy WebLinkAboutAgenda Packet City Council - 03/08/2005CITY COUNCIL AGENDA
MARCH 8, 2005
Corpus Ch risti
Ail-America City
11:45 A.M. - Proclamation deciadng March 7 - 12, 2005 as 'Park and Recreation Week"
'At Your Servlca Award', City Stall Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 8, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunily to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is eadier. Please speak Info the microphone located at the podium and state your name
and address. Your presenfation will be limited to three minutes, ff you have a petition or other InforrnaEon pertaining to your
subjecl, please present it to the City Secretary.
SI Usted desea dlrlgiree el Concilk) y cree qua su Ingl~$ es limitado, habr~ un int&rpreie ingies-espattol en todas las juntas
del Concilto para ayudade.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact ~he City Secretan./'s office (at 361-880-3105) at least 48 hours in advance so that appmp#ate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Kevln Jennlngs, Mt. Olive Lutheran Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the requlrad Charter Offlcem.
Mayor Samuel L. Neal, Jr_
Mayor Pm Tam Bill Kelly
Council Members:
Brant Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa __
E. MINUTES:
Approval of Regular Meeting of February 22, 2005 and Special Meeting of March 1, 2005.
(Attachment #1 )
Agenda
Regular Council MeeUng
March 8,2005
Page 2
F. BOARDS & COMMITFEE APPOINTMENTS: (Attachment #2)
Airport Board
Civil Service Board/Commission
Regional Health Awareness Board
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items ara listed
as motions, rasolutions, 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 adopb'ng it as an emergency measure
rather than a two raading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsiderad
item.
CONSENT AGENDA
Notice to the Public
The following items ara of a routine or administrative natura. The Council has
been furnished with background and support mate#al on each item, and/or it
has been discussed at a pret4ous meeting. Ail items will be acted upon by one
vote without being discussed separately unless raquested 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 ramaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point ~he Council will vote on all motions, resolutions and ordinances not
removed for individual conslderaEon)
Motion approving the pumhase of six (6) vehicles from Phillpott
Motors, of Port Neches, Texas for the total amount of $77,200.20.
The award is based on the cooperative purchasing agreement
with Houston-Galveston Area Council of Govemments (HGAC).
These vehicles will be used by the Police Department and are
replacements to the fleet. Funds are available from the 2004 Law
Enforcement Block Grant_ (Requires 2/3 Council Vote)
(Attachment #3)
CITY COUNCIL
PRIORITY ISSUES
(Re~- to legend at t~e ewd o~ tile
agaxla summa'y)
Agenda
Regular Coundl Meeting
March 8,2005
Page 3
Motion approving a supply agreement with the following
companies for the following amounts for large lamps in
accordance with Joint Governmental Purchasing Group Bid
Invitation No. JGPG 01-5, for an estimated annual expenditure of
$43,672_18, based on Iow bid and Iow total bid. The term of the
agreements shall be for twelve months with an option to extend
for up to two additional twelve-month periods, subject to the
approval of the suppliers, the Joint Governmental Purchasing
Group, and the City Manager or his designee. Estimated large
lamps use by City is: Incandescent 9,552; Fluorescent 12,440;
High Intensity 909; Quartz 258; Stage, Studio and Projector
lamps 110; and Ballast 399. Funds have been budgeted by the
using departments for FY 2004-2005. (Requires 2/3 Council
Vote) (Attachment #4)
Mid-Coast Electric
Comus Chdsti, Texas
Group 1, 2, 4 & 5
$31,195.69
Dealers Electrical Supply
Coreus Chdsti. Texas
Group 3 & 6
$12,476.49
Grand Total: $43,672.18
Motion approving the lease purchase of two (2) ambulances from
Tyler Motor Company/VVheeled Coach Industries, of Winter Park,
Flodda for the total amount of $248,094. The award is based on
the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). These
ambulances will be used by the Fire Department. These units are
replacements to the fleet. Financing will be provided through the
City's lease/purchase financing program. (Requires 2/3 Council
Vote) (Attachment #5)
Motion approving a supply agreement for approximately 277 gate
valves, ranging in size from 3 inches to 12 inches, with Titan Pipe
& Supply Company, Inc., of Corpus Chdsti, Texas in accordance
with Bid Invitation No. BI-0044-05, based on Iow bid meeting
specifications, for an estimated annual expenditure of
$91,611.90. The term of the contract will be for twelve months
with an option to extend for up to two additional twelve-month
pedods, subject to the approval of the supplier and the City
Manager or his designee. (Requires 2/3 Council Vote)
(Attachment #1~)
Cl'r'Y COUNCIL
PRIORI'FY ISSUES
(Re~er lo lege,3d at Ihe end of the
agenda summary)
Agenda
Regular Council Meeting
March 8,2005
Page 4
10.
11.
Motion approving the pumhase of one (1) vacuum truck from
Masters International, of Arlington, Texas based on the
cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC) for a total amount
of $242,529. The equipment will be used by the Wastewater
Department. This unit is a replacement. Funding is available
from the FY 2004-2005 Capital Outlay Budget in the Maintenance
Services Fund. (Requires 2/3 Council Vote) (Attachment #7)
Motion approving the purchase of eight (8) pickup trucks from the
following companies, for the following amounts, in accordance
with Bid Invitation No. BI-0065-05, based on Iow bid for a total
amount of $137,948. The vehicles will be purchased for Police,
Water and Wastewater Departments. Ail units are replacements.
Funds are available from the FY 2004-2005 Capital Outlay Fund.
(Requires 2/3 Council Vote) (Attachment #8)
Creveling Dodge
Comus Chdsti. Texas
Bidltem 1
$17,286
Access Ford
Comus ChdstJ, Texas
Bid Items 2, 3, 4 & 5
$120,662
Grand Total: $137,948
Motion authorizing the City Manager or his designee to execute
a construction contract with Enviro Remediation Coatings
Services, Inc., of Katy, Texas in the amount of $194,940 for the
Sanitary Sewer and Storm Water Manhole Ring and Cover
Adjustment FY 2005. (Requires 2/3 Council Vote) (Attachment
~)
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Martinez, Guy and
Maybik, of Corpus Chdsti, Texas in the amount of $141,500 for
Americans with Disabilities Act (ADA) sidewalk access
improvements along Staples Street from Leopard Street to Six
Points. (BOND ISSUE 2004) (Requires 2/3 Council Vote)
(Attachment #10)
Motion authorizing the City Manager or his designee to execute
Change Order No. 4 with the Construction Manager at Risk
contract with Fulton/Coastcon and Hunt Construction Group, Joint
CITY COUNCIL
PRIORITY ISSUES
(Reft' to lege~l at Ihe end ol' I~e
agenda summary)
Agenda
Regular Council Meeting
Mamh 8,2005
Page 5
12.
13.a.
13.b.
13.c.
13.d.
14.
Venture of Corpus Christi, Texas and Indianapolis, Indiana in the
amount of $247,368 for installation of additional improvements at
Whataburger Field and increasing the Guaranteed Maximum
Pdce to $22,793,822 for construction for the Professional Minor
League Baseball Stadium. (Requires 2/3 Council Vote)
(Attachment #11)
Motion authorizing the City Manager or his designee to execute
Amendment No. 7 to the Engineering Services Contract with HDR
Engineering, Inc., of Corpus Chdsti, Texas in the amount of
$292,840 for the Rincon Channel Pipeline Project. (Requires 2/3
Council Vote) (Attachment #12)
Motion ratifying a grant application to the Texas Parks and
Wildlife Department for the Packery Channel Boat Ramp project.
(Attachment #13)
Motion authorizing the City Manager or his designee to accept a
Texas Parks and Wildlife Department Grant in the amount of
$500,000 for the Packery Channel Boat Ramp and execute grant
acceptance documents. (Attachment # 13)
Ordinance apprepdating $500,000 from a Texas Department of
Parks and Wildlife grant into the Madna Grant Fund No. 1058 for
the Packery Channel Boat Ramp; amending the Capital Budget
adopted by Ordinance No. 025647 by increasing appropriations
by $500,000. (Requires 2/3 Council Vote) (Attachment #13)
Motion authorizing the City Manager or his designee to increase
the escrow with the United States Army Corps of Engineers in the
amount of $508,000 for the Packery Channel Project for the
construction of the Packery Channel Boat Ramp. (Requires 2/3
Council Vote) (Attachment #13)
Motion authorizing the City Manager or his designee to enter into
a contract with McGdff, Seibels & Williams of Texas, Inc.,
(McGriff'), in the amount of $187,000 for an annual premium for
Excess General Liability, Public Officials Liability, Employment
Liability and Law Enforcement Liability Insurance coverage. The
terTn of the contract will be for three years with an option to renew
CITY COUNCIL
PRIORITY ISSUES
(Ra~ ~ legend at ~ end o( the
agenda summary)
Agenda
Regular Council Meeting
Mamh 8,2005
Page 6
15.a.
15.b.
16.a.
16.b.
16.c.
17.
for one additional 12-month period subject to the approval of the
City Manager or his designee. (Requires 2/3 Council Vote)
(Attachment #14)
Motion authorizing the City Manager or his designee to sign an
Addendum to the contract with Computer Sciences Corporation
(CSC) as successor in interest to DORN Technology Group, Inc.,
to provide maintenance and enhancement services (MESA) for
the RiskMaster liabilities software system and database for a
period of three years. (Requires 2/3 Council Vote)
(Attachment #15)
Motion authorizing the City Manager or his designee to sign an
Addendum to the MESA to add an additional user to the license
agreement for RiskMaster and provide support for that additional
user. (Requires 2/3 Council Vote) (Attachment #15)
Ordinance appropriating $75,000 from Intel Corporation from
anticipated revenues in Municipal Information System Fund No.
5210 for Digital City Project support; amending Operating Budget
adopted by Ordinance No. 025878 by increasing appropriations
by $75,000. (Requires 2/3 Council Vote) (Attachment #16)
Motion authorizing the City Manager or his designee to execute
a contract amendment with Public Technology, Inc. (PTI), of
Washington, DC in the amount of $79,950 to provide consulting
services for support of the Digital City Initiative. (Requires 2/3
Council Vote) (Attachment #16)
Motion authorizing the City Manager or his designee to execute
a contract amendment with Public Technology, Inc. (PTI) and
RAM Technologies, Inc. (RAM), of Washington, DC in the amount
of $90,452 to provide consulting services needed for an accurate
physical meter inventory to support the Automated Meter Reading
(AMR) pilot project. (Requires 2/3 Council Vote) (Attachment
#16)
Ordinance authorizing the resale of twenty-six (26) properties for
$198,797.17 which were foreclosed upon for failure to pay ad
valorem taxes, of which the City shall receive $31,492.59 plus
$36,544.58 for partial payment of City paving and demolition
liens. (Attachment #17)
CITY COUNCIL
PRIORrFY ISSUES
(Refer Io legead a [ ~3e e~-x:l of Ihe
age~da surnmaPj)
Agenda
Regular Council Meeting
Mamh 8,2005
Page 7
18.
19.a.
19.b.
19.c.
20.a.
20.b.
Second Reading Ordinance - Waiving the 60-Day waiting pedod
and publication of legal notice; renaming the park at 14125
Jackfish Avenue from Seagull Park to UIIberg Park. (First
Reading 2F22/05) (Attachment#18)
Second Reading Ordinance - Amending Ordinance 4168, The
Platting Ordinance of the City of Corpus Chdsti, by redesignating
Section IlI.B.1 .d as Section III.B.1 .e and by adding a new Section
III.B. 1 .d regarding submission of electronic data for final approved
plats for incorporation in the City's Geographic Information
System; providing for penalties. (First Reading 2/22/05)
(Attachment #19)
Motion to amend pdor to second reading of an ordinance
amending Chapter 14, Development Services, Code of
Ordinances, City of Corpus Chdsti relating to submission of digital
data for the City's Geographic Information System as amended
by deleting the exception to the Plat submittal requirements.
(Attachment #19)
Second Reading Ordinance Amending Chapter 14,
Development Services, Code of Ordinances, City of Corpus
Chdsti, rela~ing to submission of digital data for the City's
Geographic Information System as amended; providing for
penalties. (First Reading 2/22/05) Attachment #19)
PUBLIC HEARINGS:
Public headng to consider abandoning and vacating a 52,011-
square foot portion of an undeveloped 20 foot wide dedicated
public right-of-way out of Lots 8 and 9, Section 27, Flour Bluff and
Encinal Farm and Garden Tracts, (between Holly Road and
Wooldridge Road, approximately 2,600-feet, east of the Lexington
Road right-of-way, Los Arboles and Monte Verde at Terra Mar
Subdivisions). (Attachment ~20)
Ordinance abandoning and vacating a 52.011-square foot portion
of an undeveloped 20 foot wide dedicated public right-of-way out
of Lots 8 and 9. Section 27, Flour Bluff and Encinal Farm and
Garden Tracts. (between Holly Road and Wooldddge Road.
approximately 2.600-feet. east of the Lexington Road right-of-
way, Los Arboles and Monte Verde at Terra Mar Subdivisions);
CITY COUNCIL
PRIORITY ISSUES
(Refer Io le~ at Ifle end o~ Ule
agaxla sL.~nrnary)
Agenda
Regular Council Meeting
Mamh 8,2005
Page 8
subject to owner's compliance with the specified conditions.
(Attachment ~20)
CAPITAL BUDGET:
21 .a. Overview of proposed FY 2004-2005 Capital Budget and Capital
Improvement Planning Guide (CIP). (Attachment #21)
21.b. Public hearing on FY 2004-2005 Capital Budget and CIP Guide.
(Attachment #21 )
ZONING CASES: (NONE)
J=
PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLU'nONS. AND ORDINANCES:
22.
Resolution authorizing the City Manager to take actions
necessary to approve the issuance of refunding bonds by Lavaca-
Navidad River Authority and Nueces River Authority in respect to
the Cityof Corpus Chdsti Lake Texana Project. (Attachment #22)
23.
Resolution urging Congress to reject that portion of the
administration's proposed 2006 Federal Budget that calls for the
shifting of the Community Development Block Grant (CDBG)
program from the Department of Housing and Urban
Development to the Department of Commerce and request that
the program remain fully funded. (Attachment ~23)
24.
Fimt Reading Ordinance - Authorizing the City Manager or his
designee to execute a ten year Use Agreement with the Tiger
Olivarez Golf and Literacy Academy, Inc. (A chapter of The First
Tee) for nonexclusive use of designated parts of the Gabe
Lozano Sr. Golf Center. (Requires 2/3 Council Vote)
(Attachment #24)
25.
Resolution of the City of Corpus Chdsti, Texas endorsing certain
legislative changes to Senate Bill 7, Texas' electric deregulation
bill, supported by South Texas Aggregation Project, Inc.
(Attachment #25)
CI'I'Y' COUNCIL
PRIORITY ISSUES
(Re~' b~ legend al lyre end oi'
agenda s~nmary)
Agenda
Regular Council Meeting
March 8,2005
Page 9
M=
26.
PUBLIC COMMENT FROM THE AUDIENCE ON MATFERS
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 YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording Is made of the meeting; therefore, please speak into the microphone
locefed at the podium and state your name and address. If you have e petition
or other information pertaining to your subjecf, please present it to the City
Secretary.)
SI usted se dlrige a la junta y cma qua su Ingl~s es limitado, habr~ un Int&rpmte
ingl~s-espaf~ot en la reuniOn de la Junta pare ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executi've session at any time dudng the meeting in order to discuss
any matfers listed on the agenda, when au~horfzed by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the followfng matters. In the event the Council elects to go
into execub've session regarding an agenda item, the section or
sections of the Open Meetings Act aulhodzing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Government Code Section
551.071 regarding Cause No. 04-06556-A, City of Corpus Chdsti,
Texas vs. Air Liquide America, L.P., et al, in the District Court of
Nueces County, Texas, 28~ Judicial District, with possible
discussion and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Rer~' to legend at ~'m end of I~e
age~:la s4.~ary)
Agenda
Regular Council Meeting
March 8, 2005
Page 10
N. REPORTS;
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of acfJvi~ies of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
27. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate
by the City Council as to legislative issues before the 79~
Texas Legislature.
28. CITY MANAGER'S REPORT
29.
30.
O.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the fl'ont entrance
to City Hall, 1201 Leopard Street, at 2:30 p.m., March 4 ,2005.
Armando Chapa
City Secretary ~
CITY COUNCIL
PRIORITY ISSUES
(Refer lo lege~:l at the end c~ ~'Y)
agetlda ~,~mary)
NOTE: The City Council Agenda can be found on the City's Home Page at
www.cctexa$.com after 7:00 p.m. on the Friday before regularly
scheduled council meel'lngs. If technical problerne occur, the agenda will
be uploaded on the Intemet by Monday morning.
Symbols used to highlight action Item that Implement council priority
luuee.
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 22, 2005 - 10:02 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Javier Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
¢iW Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Arrnando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Reverend Le Cowan of Christ Community Church and the Pledge of
Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa
called the roll and verified that the necessary quorum of the Council and the required charter officers
were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular
Council meeting of February 15, 2005. A motion was made and passed to approve the minutes as
presented.
Mayor Neal referred to Item 2 and the following board appointment was made:
Planning Commission
Rudy Gal-za (Appointed)
Mayor Neal called for consideration of the consent agenda (Items 3 - 21). City Secretary
Chapa announced that Council Member Kelly was abstaining fi.om the vote and discussion on Item
14. There were no comments from the public or the Council. A motion was made and passed to
approve Items 3 through 21, constituting the consent agenda. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
February 22, 2005 - Page 2
MOTION NO, 2005-054
Motion authorizing the City Manager or his designee to approve a Letter of Agreement
between the City and the Beautify Corpus Christi Association (BCCA) and providing a
$25,000 grant to BCCA for executing environmentally sustainable tasks like anti-litter
campaigns and recycling education throughout the city, particularly in the Neighborhood
Initiative Programs' communities. The grant funding duration is fi.om February 15, 2005 to
February 14, 2006.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garreth Kelly, Kiunison, Noyola and Scott, voting "Aye".
RESOLUTION NO. 026154
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $64,929 to the State of Texas, Criminal Justice Division, for Year 6 funding
available under the Violence Against Women Act (VAWA) Fund for the Police
Department's Family Violence Unit with a City match of $12,182 in the No. 1061 Trust
Fund and $9,600 in-kind services; for a total project cost of $86,711.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
RESOLUTION NO. 026155
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of$63,011 to the State of Texas, Office of the Governor, Criminal Justice Division,
for Year 1 funding of a Crime Scene Technician grant for the Corpus Christi Police
Department, with a City match of $3,500 in the No. 1061 Trust Fund, for a total project cost
of $66,511.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6.a. MOTION NO. 2005-055
Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed
grant in the amount of $225,000 for Site I North for the continued support of the Weed and
Seed Program fi.om the United States Department of Justice (DOJ).
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
February 22, 2005 - Page 3
6.b. ORDINANCE NO. 026156
Ordinance appropriating $225,000 from the United States Department of Justice, Office of
Justice Programs in the No. 1067 Park and Recreation Grants Fund for the continued support
of the Weed and Seed Program, Site l North for FY 2004-2005.
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"_
7.a. MOTION NO. 2005-056
Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed
grant in the amount of $225,000 for Site II West for the continued support of the Weed and
Seed Program fi:om the United States Department of Justice (DO J).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Gan'err, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
7.b. ORDINANCE NO. 026157
Ordinance appropriating $225,000 from the United States Department of Justice, Office of
Justice Programs in the No. 1067 Park and Recreation Grants Fund for the continued support
of the Weed and Seed Program, Site II West for FY 2004-2005.
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"_
MOTION NO. 2005-057
Motion authorizing the City Manager or his designee to execute a construction contract with
Isensee Construction, of Corpus Christi, Texas in the amount of $178,750.25 for the
Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1.
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. 2005-058
Motion authorizing the City Manager or his designee to execute a construction contract with
Camrett Corporation, of Corpus Christi, Texas in the amount of $265,860 for the Rolled
Curb and Gutter Replacement FY 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kilmison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 4
10.
12.
13.
MOTION NO. 2005-059
Motion authorizing the City Manager or his designee to execute a Drainage Easement
Instrument with William Edward Burdette for the acquisition of Parcel 2, in the total amount
of $38,754, for drainage purposes in connection with the Mary Carroll Channel Widening
Project (2047).
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. 2005-060
Motion authorizing the City Manager or his designee to execute Change Order No. 3 to
Holloman Corporation, of Converse, Texas in the amount of $201,781 to the Resaca Lift
Station Contract to install casing and force main under the roadways before private
construction takes place at the Staples and Yorktown intersection_
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. 2005-061
Motion authorizing the City Manager or his designee to execute Amendment No. 2 with
Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $30,000 for
consulting services associated with Pre-Planning of Emergency Recovery Operations.
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. 2005-062
Motion authorizing the City Manager or his designee to execute Amendment No. 8 to the
Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in
the amount of $182,436 for a total restated fee of $670,642 for the Sanitary Sewer Trunk
Main Rehabilitation Project for manhole replacements and cast iron pipe rehabilitation.
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
February 22, 2005 - Page 5
14.a. ORDINANCE NO. 026158
Ordinance appropriating $214,007.61 from unappropriated interest earnings and $27,293.39
fi-om anticipated interest em-nings from Baseball Stadium 2004 Capital Improvement
Program Fund No. 3276 for the Whataburger Field; amending the Capital Budget adopted
by Ordinance No. 025647 by increasing appropriations by $241,301.
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.
14.b. MOTIONNO. 2005-063
Motion authorizing the City Manager or his designee to execute Change Order No. 3 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
$393,150 for installation of additional improvements at Whataburger Field and increasing
the Guaranteed Maximum Price to $22,546,454 for construction for the Professional Minor
League Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
15.a. MOTIONNO. 2005-064
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with PeopleSoR USA, Inc., of Pleasanton, California in the amount of
$277,235.38 for twelve (12) months PeopleSofi software maintenance and support for Asset
Management, Accounts Payable, Benefits Administration, Budgeting, General Ledger,
Human Resources, Inventory, Projects, Purchasing, Payroll, and Time and Labor Public
Sector software based on sole source.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
15.b. MOTION NO. 2005-065
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with PeopleSofi USA, Inc., of Pleasanton, California in the mount of $38,740
for twelve (12) months PeopleSofi software maintenance and support for eDevelopment,
eCompensation, eBenefits, eProfile, eRecruit, and ePay software based on sole source.
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
February 22, 2005 - Page 6
16.a. MOTION NO. 2005-066
Motion authorizing the City Manager or his designee to execute a purchase agreement with
The Omega Group, of San Diego, California in the amount of $36,995 utilizing funds from
the Cops More Grant. This purchase expands upon the Crime Analysis application currently
utilized by Police Department Crime Analysts. The addition will allow field officers access
to the same data available to them from the crime analysts and they will have the capability
to perform crime analysis in their vehicles.
16_b. MOTIONNO. 2005-067
Motion authorizing the City Manager or his designee to purchase TotalRoam software
developed by PADCOM, Inc. from Redmoon BroadBand, Inc, of Plano, Texas in the amount
of $54,640 in accordance with the State's Cooperative Purchasing Program utilizing funds
from the Cops More Grant. This software is required to allow users to roam seamlessly
between the WiFi network and carrier based solution when the WiFi is not available. Once
purchased, it can be used by all city departments for a nominal licensing fee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
17.a. MOTIONNO. 2005-068
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by ONAC Development, Inc_, owner and developer of The Boardwalk
Unit 2 subdivision, site of the new southside elemenlary school, located west of the
intersection of Brockhampton Street and Stonehenge Drive for the installation of 115 linear
feet of an 8-inch PVC water distribution main_
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
17.b. ORDINANCE NO. 026159
Ordinance appropriating $7,358.38 fi-om the Water Distribution Main Trust Fund No. 4030-
540450 to pay developer reimbursement request for the installation of 115 linear feet of an
8-inch PVC water distribution main to develop The Boardwalk Uxfit 2 subdivision.
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
February 22, 2005 - Page 7
18_
ORDINANCE NO. 026160
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with ONAC Developers, Inc., owner and developer of The Boardwalk Unit 2
subdivision for public street improvements on Boardwalk Avenue and Stonehenge Drive,
urban streets abutting a dedicated public park, in accordance with the Platting Ordinance,
not to exceed $106,031.12 for the City's share of costs of the improvements.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and
Scott, voting "Aye"_
19.a. MOTIONNO. 2005-069
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by ONAC Developers, Inc., owner and developer of The Boardwalk Unit 2
subdivision located west of the intersection of Brockhampton Street and Stonehenge Drive
for the installation of 989 linear feet, off-site, 12-inch PVC sanitary sewer collection line
along the present and proposed westward extension of Stonehenge Drive serving the new
southside elementary school, connecting to an existing sanitary sewer line on the west side
right-of-way of Brockhampten Street.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting "Aye".
19.b. ORDINANCE NO. 026161
20.
Ordinance appropriating $6 l, 184.70 from the Sanitary Sewer Collection Line Trust Fund
No. 4220-540450 to pay ONAC Developers, Inc. for the installation of 989 linear feet, off-
site, 12-inch PVC sanitary sewer collection line as specified in the Sanitary Sewer
Construction and Reimbursement Agreement to develop The Boardwalk Unit 2 subdivision.
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".
ORDINANCE NO. 026162
Ordinance abandoning and vacating a 2,637.50-square foot portion ora 15-foot wide utility
easement in Lot 12, Section 28, Flour Bluff and Encinal Farm and Garden Tract (Lot 2,
Block 1, Bridgepoint Landing) located east of Lexington Road, south of State Highway 358;
requiring the owner 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, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 8
21.
FIRST READING ORDINANCE
Waiving the 60-Day waiting period and publication of legal notice; renaming the park at
14125 Jackfish Avenue from Seagull Park to Ullberg Park.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garret% Kelly, Kinnison, Noyola and Scott,
voting "Aye".
*************
Mayor Neal referred to Item 22.a., and a motion was made, seconded and passed to open the
public hearing on the following amendment to the Platting Ordinance:
Public Heating to consider an ordinance amending Ordinance 4168, The Platting Ordinance
of the City of Corpus Christi, by redesignating Section III.B 1.d as Section m.B. 1 _e and by
adding a new Section III.B. 1.d regarding submission of electronic data for final plats for
incorporation in the City's Geographic Information System; providing for penalties.
Director of Development Services Barbara Holly reported the city had been converting its
digital map and development data over the past two years to be compatible with the mainstream
software packages used within the development community_ Ms. Holly said the proposed
amendment to the Platting Ordinance would require developers to submit their plats and construction
drawings in an electronic format so they could seamlessly be integrated into the city's Geographic
Information System (GIS). At the project's inception, Ms. Holly said staffhad asked developers to
submit their data in ESRI GeoDatabase or ESRI Shape formats, but the developers had balked
because they felt these formats were too expensive. The development community primarily
prepared its plats in Autocad formal so this format was incorporated into the proposed amendment_
Ms. Holly stated staffhad obtained the overall concurrence of the development community,
although Urban Engineering was unsure about allowing exceptions for small companies that still
hand draw their plats. Nonetheless, she said Urban Engineering had provided a letter of support.
The Planning Commission and staff also recommended approval of the proposed amendments_
There were no comments fi-om the public. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Scott, and passed_ City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
February 22, 2005 - Page 9
22.b. FIRST READING ORDINANCE
Amending Ordinance 4168, the Platting Ordinance of the City of Corpus Christi, by
redesignating Section III.B.l.d as Section Ill.B.l.e and by adding a new Section III.B.l.d
regarding submission of electronic data for final approved plats for incorporation in the
City's Geographic Information System; providing for penalties.
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".
22.c. FIRST READING ORDINANCE
Amending Chapter 14, Development Services, Code of Ordinances, City of Corpus Christi,
relating to submission of digital data for the City's Geographic Information System;
providing for penalties_
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"
Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-06, Ike Ornelas: A change of zoning fi.om a "R-lB" One-family Dwelling
District to an "A-2" Apa, tl~ent House District. The property is in Bass Subdivision, .28 acre
out of Lots I and J, Block 27,. 13 acre out of Lot J, Block 27, _30 acre out of Lot J, Block 27,
.13 acre out of the north part of Lot J, Block 27, and .13 acre out of Lots I and J, Block 27,
located south of Sandra Lane and 3,000 feet east of Airline Road.
City Secretary Chapa said the Planning Commission and staffrecommended approval of the
"A-2" Apartment House District_
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
February 22, 2005 - Page 10
23.
ORDINANCE NO. 026163
Amending the Zoning Ordinance, upon application by lke Omelas by changing the zoning
map in reference to Bass Subdivision, .28 acre out of Lots I and J, Block 27,. 13 acre out of
Lot J, Block 27, .30 acre out of Lot J, Block 27,. 13 acre out of the north part of Lot J, Block
27, and .13 acre out of Lots I and J, Block 27, from "R-lB" One-family Dwelling District
to "A-2" Apartment House District; amending the Comprehensive Plan to account for any
deviations fi.om the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to the presentation on the day's agenda, a quarterly project update fi-om
the Crime Control and Prevention District (CCD). Ms_Linda Bridges, Chairman of the CCD Board
of Directors, began by providing a budget update. She said the CCD was halfway into its 2004-2005
budget year, and the budget was on target. Expenditures comprised 47 percent of budget, and
revenues had increased by $108,000 or 2.75 percent. The CCD continued to fund 50 police officers
and partially fund the Juvenile Assessment Center. In addition, Chairman Bridges reported the CCD
had purchased five replacement police cars and video surveillance equipment for graffiti eradication_
Chairman Bridges discussed the status of the 2005-2006 budget_ She said the budget
preparations were underway, with the first budget meeting held on February 16. The CCD was
continuing to focus on its core programs, namely the funding for 50 police officers and the Juvenile
Assessment Center. She said the CCD's five-year budget projections were healthy, which was
indicative of their continued focus on long-term fiscal responsibility and control.
Chairman Bridges reviewed the 2005-2006 budget calendar as follows: April 20 - CCD
public hearing on proposed budget at 6:00 p.m.; May 4 - CCD budget will be adopted; May 10 -
CCD budget submitted to the Council; Jcnq: 7 - City Council public hearing on CCD's adopted
budget; and June 21 - City Council accepts or rejects the CCD budget.
Chairman Bridges introduced Police Commander Bryan Smith to provide project updates
on the following programs: Directed Patrol Program, Bicycle Patrol Program, Walking Motors
Patrol Program, Campus Crime Stoppers Program, and the Juvenile Assessment Center.
Regarding the Directed Patrol Program, Commander Smith stated they were involved in a
variety of enforcement areas, such as board-ups, graffiti, arrests, clean-ups, Corpus Christi Police
Athletic League (CC-PAL), Neighborhood Initiative Program (NIP), Hotspot program, and the
Wishes & Dreams program. As Chairman Bridges had previously mentioned, the CCD had
purchased video surveillance equipment for graffiti eradication, and he reported the Directed Patrol
Officers (DPOs) had already caught their first graffiti offender using this equipment. Commander
Smith also highlighted the DPO's involvement in board-ups, saying 70 structures were boarded up
on an emergency basis in 2004. He said 345 sheets of plywood were used, 13 structures were
Minutes - Regular Council Meeting
February 22, 2005 - Page 11
demolished, and 51 properties were cleaned. Commander Smith displayed a list of major board-up
locations, and he mentioned two gang and/or meth houses that were closed down in the process.
With regard to the Bicycle Patrol Program, Commander Smith said their mission focus was
to combat street crime, primarily by addressing neighborhood drug/alcohol problems, prostitution,
and other "quality of life" issues. The Bicycle Patrol Program was responsible for 1,074 arrests in
2004, including the shut-down of the 500 block of Mexico, an entire neighborhood involved in drug
dealing. They were also active in all five NIP areas.
Commander Smith reported on the progress of the Walking Motors Patrol. He said their
mission focus was to combat street crime, drug, and alcohol problems in the downtown and uptown
areas, seawall, and adjacent parks. He described a project in which they enrolled 170 area
businesses in a Criminal Trespass program targeting 20 of the downtown area's worst offenders.
Through the program, police could arrest these offenders on sight if they stepped on one of the 170
properties_ In addition, the Walking Motors Patrol had also created a Homeless Referral Card for
distribution to homeless individuals that listed available resources. Finally, he said the patrol was
instrumental in breaking the Wilcox multiple homicide case in March 2004_
With regard to the Campus Crime Stoppers Program, Commander Smith said their mission
focus was to extend the Crime Stoppers program to area schools by offering rewards for tips leading
to the confiscation of drugs and weapons, and the arrest of offenders_ He reported seven schools
were added to the program in 2004. The program generated 171 cases (including the confiscation
of 19 knives from local schools) and awarded $10,934_ He said this equaled a 53 percent increase
in cases and a 94 percent increase in rewards. Finally, he stated Sgt. Mike Alanis was named the
2004 Texas State Crime Stoppers Coordinator of the Year.
Commander Smith reported on the progress of the Juvenile Assessment Center (JAC).
Their mission focus was to provide intervention services for early, pre-delinquent offenders. The
JAC provided case management services and worked closely with area schools and law enforcement
to prevent further delinquency. In 2004, the JAC returned 928 children to school, totaling 56,036
Average Daily Attendance (ADA) eligible days, which saved school districts over $1,681,000. He
said 85 percent of the youth receiving JAC services committed no additional offenses, and 93
percent cornrnitted no delinquent offenses. Of the 1,338 intakes in 2004, he said there were only 66
repeat offenders (5.7 percent), a remarkably low recidivism rate.
Commander Smith covered the JAC's plans for 2005. First, he said they planned to work
with the city on a WiFi initiative to bring technology to case managers in the field_ Second, they
would strive to share information and streamline the data flow with other agencies and schools.
Third, they would continue to provide research-based, dam-driven, and outcome-focused juvenile
programming.
Commander Smith concluded that one of the stated goals of the JAC was to decrease the
incidence of criminal offenses associated with young offenders. He was pleased to report a 72
percent reduction in juvenile crime since 1996, and he felt this was due in large part to the efforts
of the JAC.
Mr. Garrett asked if the elimination of the pawn shop detail due to budget constraints had
Minutes - Regular Council Meeting
February 22, 2005 - Page 12
hurt the police department's crime prevention efforts. Police Chief Pete Alvarez replied
affirmatively, saying he has been contacted by area sheriffs asking for the reinstatement of the pawn
shop detail. He reported he had also asked the Crime Control District Board of Directors to consider
reinstating the pawn shop detail. The detail was comprised of two individuals for a cost of $80,000
but the return was tremendous, leading to the recovery of approximately $1,000,000 in stolen
property.
Mr. Garrett asked if the police department had a policy in place requiring the use of video
cameras installed in police vehicles during all violation stops_ ChiefAlvarez replied affirmatively.
Mr. Scott thanked the police department for their enhanced efforts to combat graffiti in the
city He asked for more information on the Hotspot program, and asked other questions related to
the 2.37 percent increase in CCD revenues.
Ms. Cooper asked for more information on the criteria for boarding-up houses and on the
Criminal Trespass list.
Mr. Kelly asked if the police had noticed a decrease in the adult crime rate, presumably as
a result of the JAC's early intervention services to pre-delinquent youths. Commander Smith
answered this was unclear, saying an extensive study would be required to see if there was link
between the adult crime rate and the JAC's services. He said it may be worth investigating in the
future Mr. Kelly complimented ChiefAlvarez on the professionalism of Officer M.P. Jimenez, who
assisted his family with the recent vandalism of their home mailbox_
Mayor Neal opened discussion on Item 25 regarding an agreement with BFI/Allied Inc. for
the Push & Pack operations of the J_C. Elliott and Cefe Valenzuela Landfills. City Manager Noe
stated during the Council's last discussion regarding the landfill operations, the Council authorized
staffto act on the assumption that the city would maintain ownership of the Cefe Valenzuela landfill,
but would privatize the basic on-site services, also known as Push & Pack operations, through the
Request for Proposal (RFP) process. City Manager Noe stated staffs recommendation was to award
the contract to BFI, and he asked Assistant City Manager Ron Massey to discuss the terms of the
agreement_
Assistant City Manager Massey briefly reviewed the landfill Request for Proposal (RFP)
process to date_ He said the RFP was actually issued in September 2002. The preliminary
negotiations were drawn out because the city was looking at 27 different financing scenarios, which
complicated the process. In March 2004, the city decided to proceed with the development of the
Cefe Valenzuela landfill rather than expanding the J.C. Elliott landfill. The Council authorized staff
to finalize the negotiations with BFI in August 2004. He said final negotiations have been underway
between August 2004 and February 2005.
Mr. Massey briefly covered the solid waste department's FY 2004-2005 operating budget.
He said total solid waste services revenues were $21,351,458 and total expenditures were
$15,094,237, with a net gain of $6,257,221.
Minutes - Regular Council Meeting
February 22, 2005 - Page 13
Mr. Massey provided a comparison of the current fiscal year landfill expenditures to the
estimated landfill expenditures if BFI had commenced operating the landfill on August 1, 2004
(beginning of the city's fiscal year). Staff estimated current FY landfill expenditures would total
$4,862,530, and the BFI projected expenditures totaled $4,342,988, a savings of approximately
$500,000. Mr. Massey said most of the savings came from reduced operational costs and the
elimination of the equipment lease purchase expense.
Mr Massey discussed the details of the city's proposed agreement with BFI. The agreement
was a public/private partnership with a 20-year term and one 20-year renewal option_ The city
would pay $6.92 per ton of trash that BFI buffed. The agreement also provided for a maximum 75-
day transition period to allow the city to phase out their operations. In addition, he said BFI had
signed the first Put or Pay contract for the Cefe Valenzuela landfill, effective upon its opening.
Mr. Massey reviewed the default provision in the agreement which was designed to ensure
BFI's compliance with the Texas Commission on Environmental Quality (TCEQ) standards, the state
regulatory body that oversees landfill operations. If there were any problems with the landfill that
were not being resolved promptly, the city could opt to address the problems themselves and then
charge BFI_ The city could also opt to simply tc,minate BFI, and either reissue an RFP or assume
the landfill operations themselves.
Mr. Massey covered the aspects of the landfill operations that remained under city control
as follows: setting of disposal rates; operation of front gate/scalehouse; fee collection; waste
screening staff; scale house staff; contract administration staff; closure costs for the J.C. Elliott
landfill; and development costs for the Cefe Valenzuela landfill. The city would also retain
ownership of the landfill.
Mr. Massey discussed the effect the BFI agreement would have on existing city landfill
employees. He said there were 30 total budgeted full-time equivalents (FTEs) at the landfill. Of
these 30 positions, 21 positions were currently filled. Mr. Massey stated seven of the 21 positions
would be retained for administration, leaving 14 currently filled positions that would be eliminated.
He said these 14 employees would be offered a lateral position with the city in the streets or solid
waste departments, or an employment offer from BFI. The employment offer from BFI would
include a comparable benefits package. He said the remaining nine vacant positions would be
eliminated by attrition.
Mr. Massey covered the contract's tonnage rate requirements_ One of the key provisions in
the contract was that BFI would guarantee an annual minimum of 400,000 tons at a rate of $6_92 a
ton The agreement also allowed for a daily rate of 1,300 to 1,700 tons per day (TPD) at the $6.92
rate. Any short-term volumes in excess of 1,700 TPD up to 2,200 TPD would be charged at a rate
of $9.92. Any volumes over 2,200 TPD would be charged at a rate of $10.92 per ton. He noted,
however, if the city anticipated short-term volumes in excess of 1,700 TPD, then there was a
provision in the contract for no rate increase with 30-day advanced notice to BFI (with a one-year
guarantee of new volume).
Mr. Massey reported there were two exceptions to the contract's tonnage rate requirements.
First, the contract exempted unusual volumes of tonnage resulting fi.om hurricanes and other
specified emergencies. Second, there was a provision allowing for reduced annual minimum
Minutes - Regular Council Meeting
February 22, 2005 - Page 14
tonnage if the city were to adopt mandatory recycling standards.
Mr. Massey discussed the aspects of the landfill operations to be controlled by BFI.
Primarily, he said BFI was charged with providing the equipment and labor to bury waste and
maintain the landfill. They would also conduct quarterly brush grinding, maintain city sponsored
events (e.g. Cash for Trash), and comply with TCEQ rules and regulatory requirements. In addition,
BFI had also agreed to the following contract provisions: to provide a new adminisWation trailer;
to adhere to a new 20-year put-or-pay contract (150,000 tons); to waive fee on up to 2,000 tons
annually; to provide an alternative disposal site if necessary; to hold a performance bond; and to
adhere to city insurance requirements_
Mr. Massey stated BFI had agreed to purchase three pieces of equipment, some of which was
under a lease purchase agreement, as follows: a DR8 Caterpillar - $360,000; a 938 G Caterpillar -
$55,000; and an IT 24 F Caterpillar - $39,000. He said BFI would provide a landfill equipment rate
schedule for work outside the scope of this contract.
In conclusion, Mr. Massey said staffs recommendation was to authorize the City Manager
to execute the new Push & Pack agreement with BFI which includes the sale of city landfill
equipment, and to execute a new Put or Pay contract with BFI for the Cefe Valenzuela landfill.
Mr. Gat'rea asked for more information on the default provision in the contract. Solid Waste
Services Director Jeff Kaplan explained that occasionally, a key component of the landfill system
may fail. IfBFI was responsible for the failure, then the default provision required them to remedy
the situation within 24 hours to prevent a garbage crisis, or else bo subject to a number of sanctions,
including termination of contract
In response to Mr. Scott's question, Mr. Massey stated the previous pro formas staffhad
presented in the summer did not include the 150,000 ton guarantee for any entity except the city_
He said any guaranteed tonnage the city was able to secure would moderate any future tipping rate
increases. Mr. Scott asked staff`to recalculate the pro formas to include the 150,000 ton guarantee
and provide a report to the Council. City Manager Noe answered affirmatively, saying staffwould
also add a firm figure for the cost of operating the landfill_ Mr. Scott spoke in favor ofprivatizing
the landfill operations to the report. Mr. Massey replied the city's re-engineering effort examined
the city's utility services and determined which services might be better provided by the private
sector at that time. Mr. Scott and Mr. Noyola asked how likely it would be that the city would
exceed the 1,700 tons per day limit for a long-term period. Mr_ Noe replied it was unlikely because
the city had not historically met these numbers.
Mr. Noyola asked when BFI would take over the landfill operations_ Mr. Massey replied
BFI would take over the landfill operations within 75 days_ Mr. Noyola asked for assurances that
city landfill employees would be guaranteed a job either with the city or with BFI. Mr. Massey
answered affirmatively. Mr. Noyola stated ordinarily he did not believe in privatizing city services,
but this agreement seemed to offer substantial savings to the city.
In response to Mr. Kelly's question, City Manager Noe replied the tonnage amount was what
drove the economics of the landfill for the end customer. Thus, the value of the conla'act was not
simply the lower cost to bury the garbage, but the additional 150,000 ton guarantee for 20 years,
Minutes - Regular Council Meeting
February 22, 2005 - Page 15
which allowed the city to mitigate any potential increases in landfill charges.
Mr. Kirmison asked if there were any escalation clauses related to the $6.92 cost per ton and
other costs. First Assistant City Attorney Jay Reining replied there was an annual fee adjustment
based on the Consumer Price Index (CPI), and then volume-based adjustments that would be
periodically renegotiated. In addition, Mr. Reining said landfill operations were a highly regulated
area, and if the TCEQ dramatically changed the rules, resulting in a change in landfill operations,
the city would renegotiate based upon the additional costs or savings that may be imposed by the
regulatory burden.
In response to Mr. Kinnison's question, Mr. Massey said the put-or-pay contract being
offered to BFI was a standard contract that would be available to any hauler.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25. MOTION NO. 2005-070
Motion authorizing the City Manager or his designee to execute an agreement with
BFl/Allied, Inc. for the operation of Landfills at J. C. Elliott Landfill and Cefe Valenzuela
Landfill, including the authorization of the sale of City equipment to BFI/Allied, Inc. and
to execute a Put/Pay contract for the guaranteed delivery of 150,000 tons of waste per annum
to the Cefe Valenzuela Landfill when it opens.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal called for a brief recess to present proclamations.
The Council returned fi.om recess. Mayor Neal called for petitions fi'om the audience. Ms.
Tammy Bain, Ms. Becloj Garcia, and Ms. Maurcie Morin of the 2004-2005 Junior League
Provisional Class invited the Council to attend a ribbon-cutting ceremony this Saturday at 11:00 a.m.
for "The Courtyard" at Dfiscoll Children's Hospital.
Mr. Lenard Smith, 8033 Corinth Drive, asked if the City of Corpus Christi had any long-term
financial plans, and why the Council meetings were held in the morning rather than the evening.
Ms. Cruz Colomo spoke regarding her conflict with Mr. Jack Gordy over public access
Channel 10 issues, and also spoke against the Council's action last week to reject the public access
ordinance on its second reading. Mr. Chesney stated he also disagreed with the Council's decision
to reject the public access ordinance on its second reading. He said he would like to place the issue
back on the agenda to allow for more public discussion, but he did not have the necessary votes.
Minutes - Regular Council Meeting
February 22, 2005 - Page 16
Ms. Elizabeth Vohtman thanked the Council for passing the smoking prohibition ordinance,
and she also asked the city to better advertise the location of the animal control facility.
Ms. Cathy Riojas, 7730 Fox Drive, spoke in support of her mother, Ms. Cruz Colomo, and
she asked the city to intervene in the conflict between Ms. Colomo and Mr. Gordy if possible.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
26.
Executive session under Texas Government Code Section 551_074 for deliberations
regarding the evaluation of the City Secretary, with possible discussion and action related
thereto in open session.
27.
Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-
06556-A, City of Corpus Christi, Texas vs_ Air Liquide America, L.P., et al, in the District
Court of Nueces County, Texas, 284 Judicial District, with possible discussion and action
related thereto in open session
28.
Executive session under Texas Government Code Section 551.071 regarding In re' Tomas
Duran, Deb tor, Bankruptcy No. 04-21514-C-7, including all related Adversary Proceedings
and removed state court action pending as Adversary No. 04-2143-C, City of Corpus Christi
v. Entrust, Inc., Tomas Duran, and Duran Insurance Brokerage (formerly Cause No. 04-
3928-G, City of Colpus Christi, v. Entrust, Inc_, et al, In the 319t~ Judicial District Court of
Nueces County, Texas), and also regarding Cause No. C-04-500, Tomas Duran v. City of
Corpus Christi, David Garcia, Donna James, Lee Dumbauld, George Noe, Keith McNeely
and McGriff, Seibels, and Williams, Inc., in the United States District Court for the Southern
District of Texas, Corpus Christi Division, with possible discussion and action related
thereto in open session.
The Council went into executive session.
The Council returned from executive session. Regarding Item 26, the annual evaluation of
City Secretary Armando Chapa, Mayor Neal reported the evaluations were consistently excellent_
He said the Council made very favorable comments about Mr. Chapa and his staffs performance.
Mayor Neal said at this point, the Council was deferring a decision on any additional compensation
for Mr. Chapa until the budget discussions were underway. Once the Council had a clearer picture
of the budget, then they would reopen the discussion with Mr. Chapa, including the possibility of
adjustments to his other benefits.
Mayor Neal called for the City Manager's report. City Manager Noe reported staff was
working on expanding the hours at the animal care facility in an effort to increase adoptions. Staff
had issued a press release and was also working on a public information campaign. The hours were
being expanded on Tuesdays and Thursdays until 7:00 p.m., and on Saturdays from I 1:00 a.m. to
3:00 p.m.
Minutes - Regular Council Meeting
February 22, 2005 - Page 17
Mr. Noe also stated the city was increasing their efforts to curb illegal utility connections.
With regard to the Neighborhood Initiative Program (NIP), he said the work on Area #9 was
concluding with a tree planting ceremony at 1:00 p.m. at Crockett Elementary School. He
announced the Beautify Corpus Christi Association received a grant of 500 five- gallon trees, and
they were asking for volunteers to help plant those trees at houses throughout the NIP area this
Saturday.
Mr. Noe reminded the Council that they would be meeting on March 8 rather than March 15
because of Spring Break_ The March 8 meeting would include an item to refinance the bonds
utilized to construct elements of the Mary Rhodes Pipeline for a substantial savings, per the city's
discussions with the Nueces River Authority and the Lavaca Navidad River Authority.
Mayor Neal stated he and Mr. Chesney attended the unveiling of the NIP sign in the Chula
Vista and Cuuningham area_ He thanked Mr. and Mrs. Soliz for their leadership in that
neighborhood, and he also thanked City Manager Noe, Ms. Yvonne Haag, and staff for their efforts.
Mayor Neal referred to a letter from a constituent residing on Oleander Drive who was
having sewer problems. He asked Mr. Noe to investigate.
Mayor Neal reported a Mr. Torres had been meeting with the Council members and others
about recurring speeding problems on Santa Fe Drive. Mr. Torres felt the problems were directly
related to the Alameda Street Hospital Zone. He asked staff to look into the matter once more to see
if there was any way to address the problems on Santa Fe Drive. He suggested extending the same
profile used on the portion of Santa Fe Drive between Robert Drive and Doddridge, which had two
lanes and one turning lane, for the entire length of the street. City Manager Noe said staffwould
look into it.
Mayor Neal called for Council concerns and reports. Mr. Scott spoke against the proposed
cuts to the CDBG funding_ City Manager Noe stated the current federal budget proposal included
a 50 percent cut of CDBG funding. Mr. Scott asked if the city had a position on the issue. City
Manager Noe stated a number of letters have been sent fi.om the Mayor to the city's representatives
in Washington D.C. denouncing the cuts. The Mayor added both U.S. Senators and our
Congressman, the U.S. Conference of Mayors, and the National League of Cities have taken a strong
position against the cuts. City Manager Noe said the Council could adopt a resolution to this effect.
Mr. Noyola spoke in favor of adopting a strong resolution against the CDBG cuts. He also
asked the city to make badly needed repairs to the West Oso High School tennis courts.
Mr. Chesney asked for an update on the city's plan to augment the police force. City
Manager Noe replied the plan was to train 30 people offthe current list. The Police Department and
the Human Resources Department were actively processing individuals now. He and ChiefAlvarez
were hopeful that as many as ten of the applicants were already certified under state standards,
which would allow the city to expedite their activation_ The remaining 20 individuals would
commence with classes in August 2005. Once this training was complete, the plan was to compile
a new list of applicants, and hold a class for 20 individuals in March 2006. He said the goal was to
be fully staffed in January 2007. Mr. Chesney asked why the city couldn't hold an academy this
Minutes - Regular Council Meeting
February 22, 2005 - Page 18
year. City Manager Noe replied the city couldn't hold an academy this year due to lack of funds_
Mr. Chesney also spoke in support of the Neighborhood Initiative Program (NIP). He
thanked Ms. Yvonne Haag, NIP Coordinator, but also asked Mr. Noe to recognize the other
members of the NIP staffwho contributed to the effort. He asked for a presentation item on the NIP
program to introduce staff and discuss the results.
Mr. Chesney provided an update on the city/county consolidation effort he was spearheadtng.
He reported he had made attempts to call every member of the Commissioners Court at least two
times, but had received no response. He said City Secretary Chapa sent a letter extending an
invitation to the Commissioners Court to discuss the matter. Mr. Chesney said he also sent a letter
to the County Judge and County Commissioners. Finally, he said he would send one more letter to
the County Judge requesting a response. Mr. Chesney stated he would make a final effort to call a
Consolidation Committee meeting, inviting the County Commissioners_ Mr. Noyola replied he
would call a few County Commissioners, but only two commissioners could attend the meeting due
to quorum requirements. Mr. Chesney suggested that only two commissioners and Assistant to the
County Judge Tyner Little attend because it would not constitute a quorum. He thanked the Council
for their indulgence in this matter.
Mr. Colmenero spoke regarding the NIP program, asking for cumulative totals on the results
in the nine NIP areas_ He also commented about the proposed 2005-2006 federal budget. He noted
there were proposed cutbacks to the CDBG program, but there was also a potential $1 billion
increase in housing affecting the homeless population. He said the city may be able to compensate
for the loss of CDBG funds with these additional funds. He said he would forward this information
to City Manager Noe.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:13 p.m. on February 22, 2005.
PRESENT
Mayor Samuel L_ Neal Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Javier Colmenero
Melody Cooper
Henry Garrett
Rex Kirmison
Jesse Noyola
Mark Scott
ABSENT
Brent Chesney
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
March 1, 2005 - 10:05 a.m_
City Staff:
City Manager George IL Noe
City Attorney Mary Kay Fischer
City Secretaxy Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. City
Secretary Chapa called the roll and verified that the necessary quorum of the Council and the
requited charter officers were present to conduct the meeting.
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 Dislrict
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 fi.om executive session and
the following motion was passed with the following vote:
C. MOTION NO, 2005-071
Motion authorizing the City Manager to settle Cause No_ C-04-94; Deborah J. Golder, et al
vs_ City of Corpus Christi et al, in the United States District Court for the Southern District
of Texas, for the sum of $200,000.00, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent_
Mayor Neal called for public comment, and there was none. There being no further business
Minutes - Special Council Meeting
March 1, 2005 - Page 2
to come before the Council, Mayor Neal adjourned the Council meeting at 10:45 a.m. on March 1,
2005.
2
AIRPORT BOARD - Four (4) vacancies with teams to 4-04-08.
DUTIES: To advise the City Council conceming matters relating to the aviation interests of the City of
Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion
of those interests.
COM~SmON: Ten (10) members appointed by the City Council for three-year terms. All membe~
shall serve for three-year staggered terms. Members must be residents of Corpus Christi.
MEMBERS
*****Jerry Kane, Chairman
*Glenn Lyons
Wayne Bennett
Mark Meyer
Donald M. Feferman
*Frank "Rocco" Montesano
Ed Hicks, Sr_
Nelda Martinez
J.C. Ayala
*****Willard Hammonds Sr.
ORIGINAL
TERM APFI'D. DATE
04-04-05 04-27-99
04-04-05 04-23-02
04-04-07 04-13-04
04-04-06 10-13-98
04-04-07 04-13-04
04-04-05 02-22-00
04-04-06 02-16-99
04-04-06 02-14-99
04-04-07 01-14-03
04-04-05 04-27-99
*Seeking re. appointment
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
A~I'ENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Glenn Lyons
Frank "Rocco" Montesano
NO. OF MTGS. NO. % OF ATrENDANCE
THIS TERM PRESENT LAST TERM YEAR
9 9 100%
9 9 100%
OTHER INDIVDUALS EXPRESSING INTEREST
Louis Alvarado
Realtor/New Construction Representative, Martin Agency
Realtors. Professional and commultity activities include:
Kiwanis Club, C.C. Boant of Realtors, Public Relations
Dkeetor for Quetzal Theatre Group, Hispanic Chamber of
Commerce and Hispanic Contractors Association. (4-05-
O4)
David Amori
Branch Manager, Professional Service IndusO-ies, Inc_
Reeeived B.S. in Civil Engineering and M.S. in
Construction Management. Activities include: American
Society of Civil Engineers, Consulting Engineers Council,
Richard Bailey
Coretta Graham
Eduardo Hinojosa
Mike T. Johnson
Diane LaRue
Leon S. Loeb
Texas, American Institute of Amhitects and Associated
Builders and Conmetors. (2-24-05)
Dist/I.ogistics Team Leaders, E.I. Dupont. Received B.A.
fi.om Texas A & M University - Corpus Christi and
currently in M.B_A. program. Activities include: Member
of St. John Baptist and affiliated with OLPH Catholic
Church (2-21-05)
Assistant District Attorney, Nueces County District
Attorney's Office. Member of the Nueces County
Community Action Agency and the Corpus Christi Young
Lawyers Assocation. Currently serves on the CommRnJ. ty
Youth Development (78415) Program Steering Committee.
O-O0-04)
Retired, State of Texas Admiinslxation. Received a
Master's degree_ Activities include: Planning Decision
Making Member at Kostoqrz Elementary School. Received
the "Rancher of the Year" Award. 0-04-05)
Administrator, Christus Spohn Hospital South. Vice-
President, Chrisms Spolm Health System. M.P.A. in Public
Administration, Texas Tech University. Certified
Registered Nurse and Licensed Nursing Facility
Administrator. Professional activities include: Diplomat,
American College of Healthcare Executives - Regional
Advisory Board and American College of Healthcare
Administrators. (2-20-05)
Independent Marketing Director, Melalenca, Inc. Attended
LaSalle University, Temple University and Holy Family
College. Activities include: Mission 911, IWA Golf Chaff'
and Gala Committee, Blessed Sacrament Convent
Auxiliary, Pan American Rotmdtable and Leadership
Corpus Christi Class XXIX. (2-25-05)
Owner, LandLord Resources, LLC. Received M.B. fi'om
Harvard University Business School. Activities include:
International Council of Shopping Centers, Urban Land
Institute, Corpus Christi Chamber of Commerce, Corpus
Christi Yacht Club and the Coastal Bend Community
Foundation. Currently serves on the Downtown
Management District and the Stomawater Advisory
Committee. (3-31-04)
James A. Needham
James D. Robbms
Billy Ray Sayles
John Edward Vails
Sam Watson
Sylvia A. WhJtmore
Coordinator of Programs, Texas A&M - Corpus Christi.
Serves as a liaison between Texas A&M Umversity System
and South Texas business, industry, government, trade
organizations and pro£essional groups_ B.S. and M.S. m
Construction Management; Ph.D. in Architecture. Member
of Local Emergency Plmaning Committee, United Way, Air
Qnality Committee and North Bay Community Advisory
Committee. (4-06-04)
Retired Civil Service and U.S. Army, Army Pilot and Air
Traffic Controller. Received A.S. at North lake College.
Attended Southwestern Baptist Theological Seminary and
Howard Payne University for Ministry. Member of the
Vietnam Helicopter Pilots Association, A&qociation of U.S.
Army and Amry Aviation Association of America_ (2-24-
05)
Counselor, Self-employed. Received A.A_ in Mental
Health, B.A in Psychology and M.S. in Educational
Psychology. Activities include: Nueces County MHIVlR
Board of Trustees, Committee for Persons with Disabilities
and the Texas Youth Commission Volunteer Council. ($-
O6-O4)
Marketing Manager, Port of Corpus Christi. Received A_A.
Del Mar College, B.A. fxom Sam Houston State University
and M.B.A. from Texas A & M University - Corpus
Christi. Activities include: Leadership Corpus Christi
Class and Board of Directors, Literacy Council Board of
Directors, and Dress for Success Board of Directors. (I-
13-05)
Agent, State Farm Insurance. Received B.A. in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (2-21-05)
Executive Vice-President, Frost National Bank. Graduate
School of Banking, University of Colorado and B.A. fi~m
Texas A&M - Corpus Christi. Community activities
include: President of Del Mar Foundation; Executive
Committee/Past President, Texas State Aquarium; Board of
Trustees, South Texas Institute for the Arts. Honoree of the
Y Women in Careers 1996 and recipient of the C.C. Sales
and Marketing Executive Sales Award. (4-19-02)
CIVIL SERVICE BOARD/COMMISSION - Two (2) vacancies with terms to 6-15-05 and 6-15-06.
(The City Manager appoints to the Civil Service Commission and the City Council appoints to the
Civil Service Boara[ Traditionally, the same member serves on the Board and Commission.)
DUTI~S: To adopt, mend, and enforce a code of rules and regulations providing for appointment,
employment, or suspension in all positions in the classified service based upon citizenship, character,
merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating
promotions, demotions, reduction of force of employees in the classified service and in what order they
shall be dismissed and reinstated. The Commission has additional duties as outlined under Chapter 143,
Texas Local Government Code.
COMPOSITION: Three (3) members shall be appointed to the Board by the Council for three-year
tetras or until a successor is named. The Commission members are appointed by the Chief Executive of
the City and confirmed by a majority of the City Council. The members choose theft own chairman and
appoint a chief examiner, not a member of the Board, who shall also act as secretary. Members receive
$5.00 per Board meeting, not to exceed $100.00 per year.
MEMBERS TERMS
VACANT 6-15-06
VACANT 6-15-O5
Cydney Farrar 6-15-07
ORIGINAL
APPTD. DATES
7-18-00
(Note: City Manager George K. Noe is recommending the new apt~ointments of John Silvas and
Deborah ~lrnold to the Civil Service Commission.)
INDIVIDUALS EXPRESSING INTEREST
Deborah Arnold
Interim President/CEO; Planning Director, Work-Force 1.
Received B.A in Sociology fxom Texas A & M University
- Corpus Christi. Activities include: Youth Opportunities
United Executive and Steering Committees, Go Center
Committee, Leadership in Education and Area
Development Council (LEAD) and the Tech Prep
Consortium. (1-27-05)
Richard Bailey
Dist/Logistics Team Lead~rs, E.I. Dupont. Received B.A.
from Texas A & M Univgrsity - Corpus Christi and
currently in M.B.A_ program. Activities include: Member
of St. John Baptist and affiliated with OLPH Catholic
Chumh (2-21-05)
Joe Benavides
USMC Retired. Received Bachelors in Management and
Human Resources. Member of the Regional Transportation
Authority Board of Directors. (3-03-05)
William D. Bonilla
Attorney, Law Offices of William D. Bonilla, P.C.
Graduated fi:om Baylor University and the University of
Texas School of Law_ Activities include: Corpus Christi
Bar Association, the State Bar of Texas, American Trail
Lawyers Association and Charter Members of the St. Plus
X Catholic Church. (2-11-04)
Rodney Buckwater
Manager, Training and Quality, First Data Corporation.
Received B.A. m Communications and M.S. in
Occupational Training and Development fi:om Texas A &
M University - Corpus Christi_ Activities include:
Management Development Advisory Committee Member,
Del Mar, American Society for Training and Development
(ASTD) Member and Patriot's Band and Honor Guard of
Amc'dca. (7-21-04)
Nicloas Curiel, Jr.
Retired_ Received M.B.A_ and M.S. in Computer Science.
(1-21-04)
Linda Figueroa
Office Manager/Paralegal, Ysassi & Ysassi, P.C. Attended
Texas A & I University and the University of Houston.
Activities include: Vice President of the Texas Democratic
Women and board member for RIDC. (9-30-04)
Eduardo Hinojosa
Retired, State of Texas AdminJslxation. Received a
Master's degree. Activities include: Planning Decision
Making Member at Kostoryz Elementary School. Received
the "Rancher of the Year" Award. 0-04-05)
G. Douglas Johnson
Director of Human Resources, Peerless Cleaners_ Received
B_A. from Texas A & M - Corpus Christi. Activities
include: Member of the Corpus Christi Human Resource
Management Association, T- Ball coach and Southside
Little League_ (2-23-05)
Billy Ray Sayles
Counselor, Self-employed. Received A.A. in Mental
Health, B.A in Psychology and M.S. m Educational
Psychology. Activities include: Nueces County MHMR
Board of Trustees, Committee for Persons with Disabilities
and the Texas Youth Commission Volunteer Council. (5-
06-04)
John Silvas
Human Resources Consultant, Citgo Refining & Chemical.
Attended Del Mar College and Monterrey Tech. Activities
include: Leadership Corpus Christi Class XXII and
Steering Committee xxvm, Corpus Christi Education
Foundation, CLASS Mentormg Program and Padre Little
League. (1-1~-05)
Sam Watson
Agent, State Farm Insurance. Received B.A. in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (2-21-05)
c. REGIONAL HEALTH AWARENESS BOARD - One member representing the category of City
representative.
DUTIES: To ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the
issues impacting health, safety, environment, and life quality.
COMPOSITION: Six (6) members representing a cross-section of health, environmental, and social
interest. Two of these community members will be appointed by the City Council, City of Corpus
Christi, two members will be appointed by the Commissioners Court Nueces County, and two members
will be appointed by the Commissioner Court San Patricio County. In addition, the following
organizations may appointment members: 1-City of Corpus Christi, 1 - Nueces County, 1 - San
Patricio County, 2 - Port of Corpus Christi, 1 - Texas A & M 42orpus Christi, 1 - Texas A & M -
Kingsville, 1 - Texas Commission on Environmental Quality, Region 14 (ex-officio/non-voting), 1 -
U.S. Environmental Protection Agency, Region VI (ex-officio/non-voting), I - City of Corpus
Christi/Nueces County Health Department (ex-officio/non-voting) and I - San Palxicio Health
Department (ex-officio/non-voting). Each governing body will appoint one of their original COmmurtity
member appointees to a two-year term and the other appointee to a three-year t~m.
MEMBERS
***Jorge Cru. z-Aedo (City Representative), Chair
Tom Ballou (Port Industries), Vice Chair
Lillian Murray (City - Community. Rep_)
Patrick McGloin (City- Community Rep.)
Suzie Canales (County - Community Rep)
Lionel Lopez (County - Community Rep.)
Alonso Molina (San Patricio - Commuinty Rap.)
John Krogness (San Pa~'icio - Community Rep.)
Cindy P~na (County Representative)
Josephine Miller(San Patricio Representative)
Jon Kiggans (Port Industries)
Dr. Juan Caslm (TAMU - Corpus Christi)
Dr. Vmlkatesh Uddamexi (TAMU - Kingsville)
Dr. Ardys Bonstrom (Nu~es County Health Admm)
Roger Barker (San Palxico Admimstrator)
Shirley Augurson (Environmental Protection Region 6)
Buddy Stanley (TX Comm. on Environmental Quality)
Ex-officio
Ex-officio
Ex-officio
Ex-officio
***Resigned
~OTE: Staff ls recommending the appointment of Margle Rose as the C#y Representatiw)
3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of six (6) vehicles from Philpott
Motors, Port Neches, Texas for the total amount of $77,200 20. The award is based on the
cooperative purchasing agreement with HGAC. These vehicles will be used by the Police
Department and are replacements to the fleet. Funds are available from the 2004 Law
Enforcement Block Grant.
Purpose:
These vehicles will be used by detectives in their day to day
investigations
Award Basis:
The purchase is made through the cooperative purchasing
agreement with Houston-Galveston Area Council of Governments.
HGAC acts as a purchasing agent for participation members
through the Inter-local Cooperation Act and abides by all Texas
statutes regarding competitive bidding requirements
Funding:
Law Enforcement Block Grant
550020-1061-00000-820804
pMr }~cht 21mBeanT~a(3 e n e ri i r v i c e s Manager
77,200.20
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
March 8, 2005
Police Vehicles
BUYER: MICHAEL BARRERA
I Ford Taurus
QTY Unit
6 each
HGAC Contract Pricing
BID #VEl0-03
UNIT PRICE TOTAL PRICE
$12,866.70 $77,200.20
4
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with the following companJ, es for the
following amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid
Invitation No. JGPG 01-5, for ao estimated annual expenditure of $43,672.18, based on low bid and low
total bid. The term of the agreements shall be for twelve months with an option to extend for up to two
additional twelve-month periods, subject to the approval of the suppliers, the Joint Governmental
Purchasing Group, and the City Manager or his designee. Estinmted large lamps use by City is:
Incandescent 9,552; Fluorescent 12,440; High hitensity 909; Quartz 258; Stage, Studio & Projector lmnps
1 I0, and Ballast 399. Funds have been budgeted by the using departments for FY 044)5
Mid-Coast Eleotnc
Corpus Christi, Texas
Group 1, 2, 4 & 5
$31,195.69
Dealers Electrical Supply
Co~us Christi, Texas
Group 3 & 6
$12,476.49
Grand Total: $43,672_18
Purpose:
l'hcse large lamps which include incandescent, fluorescent, high
inlensity, quartz, stage, studio & projector lamps and ballast's will
be stocked irc Ihe Warehouse and distribnted Io the using
departments. This award is the resnll ora cooperative purchasing
ell'oft of the Joint Govenmmntal Purchasing Group. The group is
comprised of the City of Corpus Christi, Del Mar College, and
Regional Transportation Authority.
Previous Conlract:
Bid hwitations Issued:
Thc option to cxteod the previous contract has been exercised, requiring
the Joint Governmental Purchasing Group to issue new bid invitations.
Thirteen
Bids Received:
Pricing Analysis:
Pricing has decreased by approximately 7% since the last
bid of 2001.
Award Basis:
Low Bid Groups 1 4, 6
Low IotalBid Group5
The price showu on thc bid lab represents ttn-ee of eleven total linc items
required by the cooperative group. These l}u-ee items are used by thc
City. Eight additioual items arc used by Del Mar College. Mid42oast
Elcctric's bid for all eleven items is $3,262.46 American Light's bid is
$3,596.66. l'berefi~rc an award to Mid-Coast Electric is recommended as
Iow total bid.
Funding:
I 1901 t) 5010-00000
$43,672.18
Procurement & G'cneral Ser-,ices Manager
O0
(DC)
×
~Z o°~ ,.-
°E
o_×
5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the lease purchase of two (2) ambulances from
Tyler Motor Company/Wheeled Coach Industries, Winter Park, Florida for the total amount of
$248,094.00. The award is based on the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). These ambulances will be used by the Fire
Department. These units are replacements Io the fleet. Financing will be provided through the
City's lease/purchase financing program.
Purpose:
The ambulances will be used by the EMS Division of the Fire
Department fbr emergency medical response services. These units will
replace two existing medical units within the Fire Department,
allowing EMS to maintain the existing level of service in the
community.
Basis of Award:
These vehicles will be purchased through the cooperative purchasing
agreement with the TLGPC. TLGPC is administered by the Texas
Association of School Boards (TASB) and co-sponsored by the Texas
Municipal League (TML) and the Texas Association of Counties
(TAC). TLGPC acts as an independent agency awarding exclusive
cooperative purchasing contracts for its members.
Price Comparisoo:
The City purcbascd a similar ambulance in 2004 and pricing remains
stable
Funding:
These ambulances will be funded through thc City's lease/purchase
financing agreement for a sixty-month period. The estimated interest
rate is 2.75%. The actual interest rate ~vill be determined alter
acccptaoce of the vehicles.
qq~e estimated annual payment is $53,165.04. Total estimated cost
over the sixty-month period, including principal of $248,094.00 and
interest of $17,730 94, is $265,824.94
'[hc alnbulances are scheduled to be delivered to the City in April of
2005. The amount of funds shown below is for the remainder of FY
04-05, beginning April 2005. Funds will be requested by the Fire
Department for FY05-06 and all subsequent budget years.
Michael Barrera
Procurement & General Scm'ices Manager
EMS Department
530190-4650-35100
FY 04-05
$17,721.68
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - PAUL J. PIERCE
BID TABULATION
B1~3074-05
AMBULANCES
ITEM DESCRIPTION QTY. UNIT
Tyler Mof~or CompanyNVheeled Coach Industries
WINTER PARK, FL.
Unit Extended
Price Price
1 2005 Series Freightliner 170x95x72 2 Vehicle $124,047.00
$248,094,00
Total $248,094.00
6
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreexnent for approximately 277 gate
valves, rangqng in size from 3" to 12", with Titan Pipe & Supply Company, Inc., Corpus Christi,
Texas in accordance with Bid Invitation No. BI-0044-05, based on low bid meeting
specifications, for an estimated annual expenditure of 591,611 90. The term of the contract will
be for twelve months with an option to extend for up to two additional twelve-month periods,
subject to the approval of the supplier and the City Manager, or his designee
Purpose:
Previous Contract:
These gate valves are purchased into Warehouse inventory and
issued to the Water and Wastewater Departments for construction
and maintenance of lines.
The option to extend the previous contract has been exercised,
requiring the City to issue new bid invitations.
Bid Invitation Issued: Fifteen
Bids Received: Seven
Basis of Award:
Price AnaLysis:
Funding:
[,ow Bid Meeting Specification
Alamo Iron Works, San Antonio, Texas submitted the apparent
low bid. However, their fittings do not meet bid specifications
requirements regarding American National Standards
Institute/National Sanitation Foundation for Drinking Water
Treatment Chemicals Health Effects, ANSI/NSF Standard 60/61.
When compared to the previous bid of 2003, pricing has increased
approximately 13%. Thc supplier states the increase is due to the
rising cost in material and shipping. According to the Producers
Price Iodex, pricing is rising.
Warehouse Inventory
119010-5010-00000
$91,611.90
Procurement & General Services Manager
0
~m>-
7
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of one (1) vacuum truck from Masters
International, Arlington, Texas based on thc cooperative purchasing agreement with the Texas
Local Government Purchasing Cooperative (TLGPC) for a total amount of $242,529.00. The
equipment will be used by the Wastewater Department. This unit is a replacement. Funding is
available from the FY2004-2005 capital outlay budget in the Maintenance Services Fund.
******************************************************************************
Purpose:
The vacuum truck will be used by the Wastewater Department to clean
and maintain its 1250 miles of sewer collection main lines, 6" and
larger in diameter. The vacuum truck will be delivered to the City in
the summer of 2005. Local manufacturers' dealers will provide
warranty support service.
Basis of Award:
This truck will be purchased through the cooperative purchasing
agreement with the TLGPC. TLGPC is administered by the Texas
Associatiou of School Boards (TASB) and co-sponsored by the Texas
Municipal League (TML) and the Texas Association of Counties
(TAC). TLGPC acts as an independent agency awarding exclusive
cooperative purchasing contracts for its mcmbers.
Fundiug: Organization Name
Maintenance Services
Capital Outlay Item #59
Michael Ban-era,
Procurement & General Services Manager
550020-5110-40120
Amount
$242,529.00
CI"FY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
BID TABULATION BI-0077-05
VACUUM TRUCK
TLGPC CONTRACT # Nos.: 208-04, 207-04
ITEM DESCRIPTION
QTY
MASTERS INTERNATIONAL
ARLINGTON, TEXAS
EXTENDED PRICE
2006 INTERNATIONAL 7400
CAB AND CHASSIS WITH
VACTOR COMBINATION SEWER
CLEANER 2112-PD UNIT
$242,529.00
8
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of eight (8) pickup tracks from the
following companies, for the following amounts, in accordance with Bid Invitation No BI-0065-
05, based on low bid Ibr a total amount of $137,948. The vehicles will be purchased for Police,
Water and Wastewater Departments. All units are replacements. Funds are available from the
FY04-05 Capita[ Outlay Fund.
Creveling Dodge
Corpus Christi, TX
Bid Items 1
$17,286
Access Ford
Comus Clmsti, TX
B~d Items 2, 3, 4 & 5
$120,662
Grand Total: $137,948
******************************************************************************
These vehicles will be used in thc day to day operations of the
respective departments. Replaced units are evaluated for potential
reallocation to other departments and/or are disposed of through
the City's standard surplus disposal procedures.
Bid invitations Issued: Ten
Bids Received: Five
Award Basis: Low Bid
Maintenance Services Fund
550020-5110-40120
Capital Outlay
List Item Nos. 47, 53~ 55, 57, 61, 62 and 63
TOTAl.:
Procurement & General Services Manager
$137,948.00
$137,948.00
o
o
0
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(Dm
9
AGENDA MEMORANDUM
DATE: March 8, 2005
SUBJECT: Sanitary Sewer and Storm Water Manhole Ring and
Cover Adjustment FY 2005 (Project No. 7328)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $184,940 with Enviro Remediation Coatings Services, Inc. from Katy, Texas
for Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2005.
ISSUE: The Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment is a
yeady program that addresses the adjustment of variances in manhole rings and covers to
improve the surface quality on selected arterial streets.
FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater and
Storm Water Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Director of Engineering Services
Additional Sul)r)ort Material:
Exhibit "A' Background Information
Exhibit "B" Project Budget
Exhibit "CTM Bid Tabulation
Exhibit "D" Location Map
BACKGROUND INFORMATION
SUBJECT: Sanitary Sewer Manhole Ring and Cover Adjustment FY 2005
(Project No. 7328)
PRIOR COUNCIL ACTION:
1. February 10, 2004 - Appropriation of the Fiscal Year 2003-2004 Capital Budget and
Capital Improvement Planning Guide in the amount of $173,624,300 (Ordinance
No. 025647).
PRIOR ADMINISTRATIVE ACTION: None.
PROJECT DESCRIPTION: Work will include for the new manhole frames, rings and
covers to be adjusted to correct pavement elevation and cross slopes to improve street
drive-ability and quality.
The project consists of two (2) parts. Part "A" consist of a Base Bid quantity of seventy
(70) sanitary plus an Additive Alternate quantity of ten (10) manhole ring and cover height
adjustment, new manhole cover and new bio-filters (city-wide).
Part "B" consists of a Base Bid quantity o[ seventy (70) plus and Additive Altemate quantity
of ten (10) storm water manhole ring and cover height adjustment, all in accordance with
the plans, specifications, and contract documents.
BID INFORMATION: Bids were received on February 16, 2005 with three (3) bidders
submitting a proposal. The bid proposal was set up with two (2) parts. Part "A" for sanitary
sewer manholes; and Part "B" for storm water manholes. The Iow bid was submitted by
Enviro Remediation Coatings Services, Inc. from Katy, Texas, see Exhibit "C" Tabulation of
Bids. City staff recommends a contract be awarded to Enviro Remediation Coatings
Services, Inc. in the amount of $184,940.
CONTRACT TERMS: The contract specifies that the project will be completed in one (1)
calendar year (365 calendar days), with completion anticipated by April 2006.
FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater and Storm
Water Capital Improvement Budget.
H USERS2'~4OME/VELMAI~GENSWASTEWA~7328',AGENDA BACKOROUND
Page I of I
SANITARY SEWER AND STORM WATER MANHOLE RING
AND COVER ADJUSTMENT FY 2005
(PROJECT NO. 7328)
PROJECT BUDGET
March 8, 2005
FUNDS AVAILABLE:
Wastewater CIP ..............................................................................................
Storm Water CIP .............................................................................................
Total ............................................................................................................
$108,467.00
108,467.00
$216,934.00
FUNDS REQUIRED:
Construction Contract (Enviro Remediation Coatings Services, Inc.)
Wastewater ........................................................................ $92,470.00
Storm Water ............................................................................ 92,470.00
Total Construction Contract ........................................................................ $164,940.00
Contingencies (10%) .......................................................................................
Major Projects Activity ...................................................................................
Construction Inspection Activity ..........................................................................
Miscellaneous (Printing, Advertising) ..................................................................
Total ..........................................................................................................
18,494.00
5,000.00
7,000.00
1,500.00
$216,934.00
IEXHIBIT"B" I
Page I of 1
IEXHIBIT"C" I
Page '1 of 3
J~..XH|BIT "C" J
=age 2 of 3
IEXHIBIT "C" I
Page 3 of 3
~ Mprojec t ~ counc~lexhibl[s \ exh 7.] 2 8.dwg
N
NUECES BAY
CORPUS CHRISTI BAY
LAGUNA
MADRE
NOTE: CITY WIDE PROGRAM
LOCATION OF PROJECTS TO BE
DEITZRMINED BY WASTEWATER DEPARTMENT
GULF OF
MEXICO
L OCA TION MAP
NOT TO SCALE
PROJECT No. 7328
EXHT_B£T "D"
SANT~TARY SEWER AND STORM WATER MANHOLE RT_NG AND
COVER ADJUSTMENT FY 2005
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT ~
OEP~ENTOFEN~N£ERI~ SERVICES
PAGE: 1 of 1
___--,--
DA ~:02/2 8/2005 ~
10
AGENDA MEMORANDUM
City Council Action Date: March 8, 2005
SUBJECT:
ADA Sidewalk Access Improvements along Staples Street from Leopard
Street to Six Points (Bond Issue 2004)
(Project No. 6300; Parent Project No. 6151)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
contract for professional services with Martinez, Guy and Maybik in the amount of
$141,500 for ADA sidewalk access improvements along Staples Street from Leopard
Street to Six Points.
ISSUE: The Americans with Disabilities Act (ADA) prescribes accessibility standards for
eliminating barders to disabled individuals. In an effort to comply with the ADA, multiple
sites on Staples Street from Leopard Street to Six Points have been targeted for
improvements which will provide accessibility for the disabled citizens of the community.
FUNDING: Funding is available in the FY 2004 Street Capital Improvement Budget with
proceeds to be reimbursed upon the issuance of bonds approved in the November 2004
bond election.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Ang.,~ R.'Escobar, P.E.
Dir~ctor of Engineering Services
Additional Support Material:
Exhibit "A' Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
AGENDA BACKGROUNDINFORMA~ON
SUBJECT:
ADA Sidewalk Access Improvements along Staples Street from Leopard
Street to Six Points (BOND ISSUE 2004)
(Project No. 6300)
PRIOR COUNCIL ACTION:
1. Apdl 17, 2001 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract in the amount of $100,168 with RusselI-Veteto
Engineering Inc. for sidewalk accessibility improvements. (Bond Issue 2000 Project
C-10) (Motion No. M2001-141)
2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to
execute a master agreement goveming Local Transportation Project Advance
Funding Agreements with the Texas Department of Transportation. (Resolution No.
024478)
3. Auclust 28, 2001 - Resolution authorizing the City Manager, or his designee, to
execute Amendment No. 1 to the master agreement governing Local Transportation
Project Advance Funding Agreements with the Texas Department of Transportation.
(Resolution No. 024555)
4. November 10, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze
on residents homesteads of persons 65 years of age or older or disabled persons
and eligible spouses; and adoption of seven amendments to the Charter of the City
of Corpus Christi. (Ordinance No. 026022)
5. Januarv 18, 2005 - Resolution authorizing the City Manager, or his designee, to
execute an advance funding agreement with the Texas Department of
Transportation (TXDOT) in the amount of $23,000 for construction of barrier-free
ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six
Points. (Bond Issue 2004) (Resolution No. 026109)
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution o[ Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No,
2000-08 (Public Health and Satety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
June 11, 2003 - Administrative approval of Amendment No. 1 to the engineering
services contract in the amount of $11,590 with Russell-Veteto Engineering Inc. for
a total restated fee of $111,758 for sidewalk accessibility improvements. (Bond
Issue 2000 Project C-10)
IEXHIBIT "A"
Page 1 of 2 I
June 23, 2004 - Administrative approval of Amendment No. 2 to the engineering
services contract in the amount of $750 with Russell-Veteto Engineering Inc, for a
total restated fee of $112,508 for additional services associated with the sidewalk
accessibility improvements. (Bond Issue 2000 Project C-10)
June 25, 2004 - Letter to Pat Veteto, P.E., of Russell-Veteto Engineering Inc.
informing him that the City was electing to not proceed with the Staples Street
segment of the sidewalk accessibility improvements project through his company.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City ol: Corpus Christi
held an election to consider a number of ballot propositions to I:und major capital
improvements for the community. The Bond Issue 2004 package includes $95 million in
projects to be funded I:rom ad valorem property taxes (a General Obligation Bond Issue) in
Street Improvements, Public Health and Safety Projects, Public Facility Improvements,
Parks and Recreation/Museum Improvements and the Bayfront Master PLan Project. The
proposed projects target the City's most immediate needs to improve existing physical
tacilities, provide for growth, and protect the City's investment in its infrastructure. The
program of street improvements includes the construction of barrier free ramps, sidewalks,
and other improvements required for compliance with the Americans with Disabilities Act
(ADA). This funding is to be leveraged with federal funds and is included in the approved
Transportation Improvement Program (TIP) FY 2006-2008.
PROJECT DESCRIPTION: In an effort to comply with the ADA, multiple sites on Staples
Street from Leopard Street to Six Points have been targeted for improvements which will
provide accessibility for the disabled citizens of the community.
The proposed project consists of the construction of curb ramps to meet the requirements
and standards of the ADA and the Texas Department of Licensing and Regulations
(TDLR). The City o1' Corpus Chdsti is responsible for performance of any required
architectural or preliminary engineering work. The State will review and comment on the
work as required to accomplish the public purposes of the City of Corpus Chdsti.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
I EXHIBIT 'A" I
Page 2 of 2
CONTRACT SUMMARY
SUBJECT: ADA Sidewalk Access Improvements along Staples Street from Leopard
Street to Six Points (Project No. 6300; Parent Project No. 6151)
Accessibility for the physically impaired along portions of this approximately 1.7-mile
segment of sidewalk and related pedestrian appurtenances has been deemed non-
compliant in accordance with Department of Licensing and Regulations (TDLR)
requirements. Broken concrete and uneven concrete joints; relatively steep grades (in
excess of TDLR minimum standards) at existing sidewalks, curb ramps, and driveways;
non-existing or non-compliant wheelchair landings; and various physical obstructions
are evident and will require their modification, removal, or replacement.
Both sides o1' Staples Street sidewalks will be affected. In addition, the identification
and remediation o[ right-of-way encroachments by existing building structures, building
canopies, and signage structures may be required. Due to the nature of the funding of
this project, construction plans and technical specifications shall be prepared per the
Texas Department of Transportation (TxDOT) local district requirements and standards,
and will require TxDOT and TDLR approvals.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design and survey services
necessary to prepare plans, construction bid and contract documents, as described in
EXHIBIT A. In addition, AJE will provide monthly status updates (project progress or
delays, gantt charts, as requested, presented with monthly invoices) and provide contract
administration services, as described in Exhibit A and A-l, to complete the project.
3. SCHEDULE
DAY DATE
Wednesday March 09, 2005
Fdday May 06, 2005
Friday May 20, 2005
Monday May 23, 2005
Friday June 24, 2005
Fdday July 08, 2005
Wednesday August 31,2005
Monday (2) TBD
Wednesday TBD
Wednesday TBD
Monday TBD
Weekday TBD
ACTIVITY
Begin Preliminary Phase
DSR Submittal
City Review of DSR (2 Weeks)
Begin Design Phase
60% Submittal
City Review
100% Submittal
Advertise for Bids
Pre-Bid Conl'erence
Receive Bids
Begin Construction
Construction Completion
I EXHIBIT"B"
Page 1 o! 2
4. FEES
Fee for Basic Services
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Subtotal Basic Services Fees
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
TCEQ
Total Permitting
ROW Acquisition Survey
(8 Takings Considered)
3. Topographic Survey (AUTHORIZED)
4. Environmental Assessments
5. RAS Consultant Services
6. One Public Meeting Participation with Preparation
of Exhibits
7. Warranty Phase
8. ROW Encroachment Exhibits (without metes &
bound description)
Sub-Total Additional Services Fees Authorized
Total Authorized Fee
$25,080.00
$39,860.00
$1,140.00
$11,870.00
$570.00
$13,000.00
$33,030.00
TBD
$ 3,200.00
$ 4,ooo.oo
$1,650.00
$8,100.00
$63,550.00
$141,500.00
EXHIBIT "B" !
Page 2 o[ 2
File : ~Mproject\councdexh ~6300b dwq
NUECES BAY
z
z
IH 37
N
PROJECT LOCATION
CORPUS CHRISTI BAY
CAYO DEL
F~ 2444
FLOUR BLUFF
PROJECT fl 6300
LOCATION MAP
NOT TO SCALE
EXHIBIT 'C'
ADA SIDEWALK ACCESS IMPROVEMENTS
ALONG STAPLES STREET FROM LEOPARD
STREET TO SlX POINTS
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING _~RV1CE$
PAGE: I of 1
DATE: 03-01-2005
11
AGENDA MEMORANDUM
March 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. 4 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
$247,368.00 for installation of additional improvements at Whataburger Field and
increasing the Guaranteed Maximum Price to $22,793,822 for construction for the
Professional Minor League Baseball Stadium.
FUNDING: Funding is available from the Baseball Stadium 2004 CIP Fund.
RECOMMENDATION: Approval of the ordinance and motion as presented.
Angel/l~ E'scobar, P. E
Direcfor of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Budget
Exhibit C. Change Order Summary
Exhibit D. Location Map
H ~HOME~EVINS\GEN~IasebalI\CO4 Memo doc
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
The architect issued several document packages after the GMP was established to
complete the design and ~,commodate user needs. This includes a number of
enhancements that represent significant improvements to the stadium. Several of the
items included in Change Order No. 4 address areas that were not included in the design
package at the time the price was established. The fast track nature of the project resulted
additional details that were not included when the Guaranteed Maximum Price was
negotiatod. The project manager, staff, contractor and team owners worked together to
minimize the cost of these enhancements to the City. However, these actions still require a
net increase of $247,36800. The four major items included on this change order are:
· Architect issued new lighting fixtures in several areas, along with cove details to
accommodate lighting. $14,082.00
· Mill order steel changes issued by structural engineer in Package B
Drawings. 87,714.00
· Design of pre-cast seats had to be redesigned. Change in material increased
cost of material and galvanizing. $19,259.00
Miscellaneous changes per structural engineer clarification of details resulted
in deduction of steel erect!:,n man-hours and material. $6,747.00)
Mill order steel changes issued by structural engineer ~n Package C
Drawings. Package C detailed additional material, freight, decking, and
man-hours. $133,060.00
A detail of the change is attached. See Exhibit C.
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 ~,~'norizing 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).
tEXHIBIT A [
Page 1 of 3
H q-IOM E~KEVINS\GE N~Baseball\CO4 Bkg ExEA doc
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
Christi 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 £uthorizing 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 (M2003A52).
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
stadi~m 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 Corpu~ 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 (M2004-123).
April 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 l
Page 2 of 3
H ~HOME~EVINS\GEN~3asebalI\CO4BkgF/~A doc
Maximum Price to $21,791 ~35 for construction for the Professional Minor League
Baseball Stadium (M2005-014j.
February 8, 2005 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 2 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 $361,369.00 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 (M2005-043).
February 22, 2005 -
a. Ordinance appropriating $214,007.61 from unappropriated interest earnings and
$27,293.39 from anticipated interest earnings from Baseball Stadium 2004 CIP Fund
No. 3276 for the Whataburger Field; amending the Capital Budget adopted by
Ordinance No. 025647 by increasing appropriations by $241,301; and declaring an
emergency.
b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3
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 $393,150.00 for installation of additional improvements at Whataburger
Field and increasing the Guaranteed Maximum Price to $22,546,454 lor construction
for the Professional Minor League Baseball Stadium.
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. 1 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. 1 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.
FUTURE COUNCIL ACTIONS: The need for additional information and review did not
permit for presentation of a single final change order. Additional items are under review
and negotiation to ensure the most advantageous alternatives and prices are realized by
the City. An additional change order(s) will be presented for Council consideration as the
reviews and negotiations are finalized.
FUNDING: Funds are availab,e from the Baseball Stadium 2004 CIP Fund and accrued
interest earnings.
EXHIBIT A
Page 3 of 3
H ~HOME~t(EVINS\GEN~asebaH\CO4BkgExhA doc
FUNDS AVAILABLE:
Siadium Bond Proceeds
Bond Inleresl Appropriation
Sales Tax Proceeds
Siorm W~ter CIP Fund
FUNDS REQUIRED:
Demolition
Construction (GMP)
PRELIMINARY BUDGET
Professional Baseball Stadium
CORPUS CHRISTI, TEXAS
March 8, 2005
PRELIMINARY
BUDGET
25,750,000
241,301
1,400,692
331,409
Total 27,723,402
484,000
21,460,526
Change Order No 1 (Storm Water Out-fall)
Change Order No 2 (increased Scope)
Change Order No 3 (Changed/Increased Scope)
Change Order No 4 (Changed/increased Scope)
Construction Contingencies (3.8%)
Design Consultant (Arch/Engine~ rl
Project Management
Nor[h Tancahua Extension (Design)
Land
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 & Quality Control)
Geolechnical
Admin. Reimbursements
Art
Environmental Clearance
Elimination of Architectural Barrier Review
Miscellaneous Expenses (Printing, Advertising, Express, etc.)
Total
Variance
331,409
331,369
393,150
247,368
576,344
1,240,000
475,175
24,805
1,800,000
10,000
79,880
11,972
33,400
187,500
13,554
95O
22,000
27,723,402
0
ACTUAL
BUDGET
Exhibit B
Page 1 of 1
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
MARCH 8, 2005
PROJECT: WHATABURGER FIELD BASEBALL STADIUM
Project No. 4285
APPROVED: COUNCIL MOl ,ON 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 1 (01/11/05) .....................
Change Order No. 2 (02/08/05) ...................
Change Order No. 3 (02/15/05) ...................
Change Order No. 4 (03/08/05) ....................
Total ............................................................
331,409.00
361,369.00
393,150.00
247,368.00
1,333,296.00 = 6.21% < 25%
H:~HOME~.EVINS~GEN~asebaff~CO4SumExhC doc
Exhibit C
Page I of 3
CHANGE ORDER
Department o[ Engineering Services
City ol= Corpus Christi, Texas
CHANGE ORDER NO: 04 PROJECT NO: 4285 CONTRACT TIME: Complete 4-5-05
Operating Department: Enclineerinq Service~ DATE: February 24, 2005
Name of Project: Corpus Chdsti Baseball Stadium - Whataburqer Field
Contractor: Fultoe.C0astcon/Hunt JV
CHANGE ADD DEDUCT
1 Owner PCO's #,6 $14,082.00
2. FCH PCO's #1,2,4,5 $233,286.00
*Note: Please ref. attached Page 2 ol~ 2 for PCO details
Total Add. Lump Sum
~;247~368.O0
Why was [his change necessary? (If lef~ Jft the plans and speci~ice[ions, explain why)
Some ol~ the steel struclure was not defined in the bid documents. This reflects additional steel and change to the pre-
cast as pad of the fast-track process.
How can similar changes be avoided in the i~uture?
1. Due to the [as{ track nature of the Baseball Stadium. the desiqn concept was not fully developed ~Jntil 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) ................. $ 1.333,296.00
C NEW CONTRACT PRICE $ 22,793,822.00
D THIS CHANGE ORDER .................................................. $ 247,368.00
E PERCENT TOTAL CHANGE (B/A) 6.21%
F. PREVlOUS ADDN'L TIME AUTHORIZED fda c d
G ADDN'L CONTRACT TIME THIS CHANGE ORDER .......... n/a c d
H TOTAL ADDITIONAL TIME .......................................... n/a c d
Construction Manager
CITY OF CORPUS CHRISTI TEXAS
By:
Cri:y Engineer
CONTRACTOR: Fulton-Coastcen/Hunt
By:
Title:
APPROVED:
Operating Department
Management/Budget Deparbl~ent
Legal Department
H ~J-IOME~.EVINS\GEN~B aseball\CO4SumExhC doc
Exhibit C
Page 2 of 3
CHANGE ORDER No. 4 - Whataburger Field
Department of Engineering Services
City of Corpus Chdsti, Texas
a) Owner PCO #6- HKS issued new lighting fixtures in several areas, along with cove details to
accommodate lighting.
Add = $14,082.00
b) PCO #1- Mill order steel changes issued by HKS in Package B Drawings.
Add = $87,714.00
c) PCO #2- Design of pre-cast seats had to be redesigned. Change in material increased cost of
material and galvanizing.
Add = $19,259.00
d) PCO ~1- Miscellaneous changes per HKS clarification of details resulted in deduction of steel
erection man-hours and material
Deduct = ($6,747.00)
e) PCO #5- Mill order steel changes issued by HKS in Package C Drawings. Package C detailed
additional material, freight, decking, and man-hours.
Add = $133,060.00
TOTAL $247,368.00
H ~HOME~(.EVINS\GEN~asebalI~CO4SumExhC doc
Exhibit C
Page 3 of 3
PROJECT
LOCATION
N
AG~mE$
CORPUS CHRISTI BAY
LOCATION MAP
NOT TO SCALE
PUBUC OIL DOCKs
STADIUM SITE
CITY PROJECT No. 4285
VICINITY MAP
NOT TO SCALE
PROFESSIONAL MINOR LEA GUE
BASEBALL STADIUM
(MUSEUM)
COR~US CHRISTI
N
CT_TY COUNC£L EXHT_BT_T ~
OEPA,RTMENT OF ENGtN£ERING SERVICE5
PAGE: 1 of 1
DA~E: 03-1-2005 ~
EXHIBIT 'D'
12
AGENDA MEMORANDUM
March 8, 2005
SUBJECT: Rincon Pipeline Proiect (Project No. 8416)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 7 to the engineering services contract with HDR Engineering, Inc. in the
amount of $292,840 for the Rincen Channel Pipeline Project.
ISSUE: The amendment is necessary to:
address revised AEP transformer pad requirements;
provide construction phase services; and
replace the Hondo Creek Bridge that is inadequate to support construction
equipment and material deliveries,
FUNDING: Funding will be provided by Water Capital Project Funds.
RECOMMENDATION: Staff recommends approval of the motion as presented.
L~el R, Escobar, P.E. Date
Director - Engineering Services
Attachments:
Exhibit A -
Exhibit B -
Exhibit C -
Additional Information
Contract Summary
Location Map
H:~IOME'~EVINS\GEN\WATER~RINCON~Pipeline\^AEAMD7M doc
ADDITIONAL INFORMATION
BACKGROUND: The Rincon Diversion Project was proven to environmentally benefit the
Nueces Estuary by the Bureau of Reclamation. The reopening the Nueces Diversion
Channel environmentally benefited the estuary in return for reduced pass-through
requirements from the reservoir system. The project benefits are limited in that flows are
diverted only during periods of high river flow.
The final phase of the Project is the construction of the Rincon Pipeline and Pumping
Plant. This will allow diversion of water through the estuary during periods of normal and
Iow river flows.
PRIOR COUNCIL ACTION:
January 30, 2001 - Motion authorizing Amendment No. 1 of the engineering contract
with HDR for the Reservoir Operating Plan for a fee not to exceed $130,000 to
assist City efforts on the Rincon Bayou Project (M2001-046).
January 30, 2001- Motion to retain the services of the Kleberg Law Firm for land
acquisition services in connection with the Rincon Bayou Project at the rate of $175
per hour for principal attorneys, $65 for paralegals, and $260 per day for landmen
plus expenses (estimated cost of $95,000 to $110,000) (M2001-047).
January 30, 2001-Motion to retain the services of attorney Tim Brown for legal
services in connection with proceedings at the Texas Natural Resources
Conservation Commission regarding the Rincon Bayou Project and administrative
agency, intergovernmental and legislative matters affecting the City's water interests
at the rate of $140 per hour plus expenses (estimated cost of $40,000) (M2001-
048).
March 13,2001 - Motion authorizing Amendment No. 2 of the engineering contract
with HDR for the Reservoir Operating Plan for a fee not to exceed $40,000 for
design and bid phase services for the Nueces River Overflow Channel of the Rincon
Bayou Project (M2001-046)
July 17, 2001 -Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $74,300.00 with Oallager Construction of
Corpus Christi, Texas for the Rincon Bayou Diversion Project - Nueces River
Overflow Channel Site Improvements Project.
Au(lust 21,2001 - Motion authorizing Amendment No. 5 of the engineering contract
with HDR for the Rincon Diversion Pipeline for a fee not to exceed $435,000 for
design and bid phase services for the Rincon Diversion Pipeline (M2001-320).
November 18, 2003 - Motion authorizing the City Manager, or his designee, to
execute Ratification of Amendment No. 6 with HDR Engineering, Inc. for a total fee
not to exceed $181,000 for the Reservoir Operating Plan Update and Flood Release
Model Project (M2003-416).
H ~HOME~KEVINS\GEH\WATER~RINCON~Pipeline\^AEAWD7 EXJ~ doc
J Exhibit"A" I
Page 1 of 2
ADMINISTRATIVE ACTIONS:
June 5, 2001 - Approval of Amendment No. 3 of the engineering contract with HDR for the
Rincon Diversion Pipeline for a fee not to exceed $3,000 for effluent re-use calculations for
the Nueces River Overflow Channel Project.
July 6, 2001 - Approval of Amendment No. 4 of the engineering contract with HDR for the
Rincon Diversion Pipeline for a fee not to exceed $12,560 for construction phase services
for the Nueces River Overflow Channel Project.
FUTURE COUNCIL ACTIONS:
1. Motion to award a construction contract for Rincon Diversion Pipeline project.
2. Motion to award an engineering construction materials and laboratory testing
contract.
3. Motion to execute an interlocal cost sharing agreement agreement with San Patricio
Municipal Water District for the replacement of the Hondo Creek Bridge and road
maintenance/use.
PROJECT DESCRIPTION: This project will consists of approximately three (3) miles of
new 60-inch pipeline and 150 cfs pump station. The project will be able to deliver
approximately 3,000 acre feet of water per month into the Upper Nueces Delta.
Construction cost will not be finalized until plans and specifications are completed, but
preliminary estimates indicate the construction cost will be in excess of $4,000,000.
CONTRACT SUMMARY: The contract summary is attached. See Exhibit B
H:~OME~EVINS~GEN~WATER~RINCON~Pipeline\'"AEAWD7 EXA.doc
Exhibit
Page 2 of 2
CONTRACT SUMMARY
Contract is amended by the addition of the following section to read:
B Additional Services
5 Design Phase Services - Rincon Diversion Pipeline
viii. Building Modifications - Revise building foundation and floor slab to accommodate
AEP/CPL pad mounted transformer;
ix. Electrical modifications - Revise electrical plans to reflect new transformer location;
x. SCADA Modifications - Revise SCADA plans to reflect RTU and SCADA interface panels
7h Construction Observation - The Engineer will perform construction observation services for the
duration of construction for an average of four (4) hours per day when construction is being conducted.
The Engineer will prepare daily reports of observations including work being perfon'ned, contractor
personnel and subcontractors on site, weather conditions and other relevant observations. Copies of the
reports and a monthly summary of observations will be submitted once per month to the City Construction
Inspection Division located at 1415 Mestina Street.
10.a. Commissioning Services - The Engineer will assist in commissioning and startup services to
include witness of start up procedures, equipment and performance tests, employee training and
familiarization, and review of preventative maintenance, repair, and emergency procedures.
10 b Maintenance Guarnantee Phase Services - The Engineer will conduct a maintenance guarantee
inspection approximately 90 calendar days prior to the one year anniversary of project acceptance by the
City of Corpus Christi. The Engineer will witness the operation of all equipment and note any deficiencies
requiring correction The Engineer will prepare and forward a report of the findings noted during the
inspection to the City Engineer and Director of Water Services. The report will recommend corrective
actions and list those items that are to be corrected by the Contractor as part of the maintenance
guarantee.
11 Hondo Creek Bridge Replacement
Project Description: The scope described herein is for the replacement of an existing timber bridge over
Hondo Creek, just upstream from the Nueces River. The bridge provides access to the W.A Edwards
pump station operated by the San PatTicio Municipal Water District The bddge supports a 36" water line
that is to remain in service during the bridge replacement. The bridge replacement will be bid as part of
work for a new pump station and water line adjacent to the bridge, Construction cost for [he bddge will be
divided between the City of Corpus Christi and the SPMWD.
The Engineer will perform and complete the following tasks:
a Subcontract those services necessary to complete and receive a geotechnical investigation report
to establish soil and groundwater conditions with recommendations from an engineering
geotechnical laboratory regarding bridge foundation design considerations.
b Prepare permit exhibits and submission of required information to permitting agencies including
FEMA and USCOE.
c Perform the additional surveying necessary to support the design of the Hondo Creek Bddge
replacement
d Complete design services for the Hondo Creek bridge replacement
e Bid Phase - The Engineer will attend pre-bid meeting, prepare any addenda related to the bddge
replacement, review the qualifications of the bridge contractor/subcontractor and include bridge
replacement bid items on the bid tabulation form.
f Construction Phase - Hondo Creek Bridge Replacment
The Engineer will complete construction phase services as follows:
attend and assist the City Engineer with a pre-construction meeting between the contractor,
City Engineer, and other interested parties;
review and check for approval, materials and other submittals customarily provided by the
ConLractor or required by contract documents during the course of construction by the
contractor and ensure that two field copies and one record of submittal data is provided to the
City Engineer (the construction contract documents will provide for the contractor to pay the
cost for any approval, materials or other submittals requiring more than two (2) reviews by the
Exhibit B
Page 1 of 3
H ~HOMEU(EVlNS\GEN\WATER~C~INCON\Pipeline\^AEAmd7S umExhB doc
Consultant) The Consultant's review or approval of Contractor's submittals such as shop
drawings, product data and samples shall only be for the limited purpose of checking for
general conformance with the visual design concept expressed in the contract documents.
The Consultant shall not be responsible for any deviations between the shop drawings, the
contract documents, and field conditions;
provide interpretations and clarifications of the plans and specifications for the contractor and
authorize minor changes which do not affect the contractor's price or the duration of the
construction contract, and are not contrary to the general interest of the City under the
contract;
review and evaluate any change order proposals that may be necessary dudng the progress
of the work including a recommendation to accept or reject;
consult with the City Engineer and advise during construction and confer with City staff and
other governmental authorities as needed;
make necessary visits to the site(s) of the project, work in cooperation with the City Engineer
and his/her representative (inspector) and contractor to observe the general progress and
quality of work, and determine, in general, if the work is being done in accordance with the
contract documents and in accordance with the quantities of work represented in current
contractor requests for payment Consultant site visits will not constitute or be confused with
a resident inspection or continuous monitoring of the progress of construction. The
Consultant's local engineering personnel will provide periodic site visits during the
construction period.
travel Corpus Christi, and its environs, as necessary for accomplishment of services under
this contract.
FEE FOR SERVICES AUTHORIZED
Summary of Fees:
Task I Description Fee
Original Contract
II.A. 1 Update of Firm Yield $229,140
II A.2 Reservoir Operating Plan 81,700
II.A.3 Flood Release Model 79,000
IIA,4 Water Quality and Treatment Model 78,500
II.A.5 Eh'luent Reuse Study 48,000
TOTAL $516,340
Amendment No. 1
ll.B.1 Rincon Diversion Project
AMENDMENT No. ITOTAL
$130,000
$130,000
Amendment No. 2
ll.B.2 Design Phase Services - Nueces River Overflow Channel Design $28,000
ll.B.3 Bid Phase Services - Nueces River Overflow Channel Design $12,000
ll.B.4 Construction Phase Services - Nueces River Overflow Channel Design To be negotiated
ll.B.5 Design Phase Services - Rincon Diversion Pipeline To be negotiated
lIB.6 Bid Phase Services - Rincon Diversion Pipeline To be negotiated
ll.B.7 Construction Phase Services - Rincon Diversion Pipeline To be negotiated
AMENDMENT No. 2 TOTAL $40,000
Amendment No. 3
II B 8 Effluent Re-use Estimates
AMENDMENT No. 3 TOTAL
Construction Phase Services - Nueces River Overflow Channel Design
AMENDMENT No. 4 TOTAL
Amendment No. 4
ll.B.4
H ~IOME\KEVINS\GEN\WATER~,INCON\Pipeline\ AEAmd7SumExhB doc
$3,000
$3,000
$12,560
$12,560
Exhibit B
Page 2 of 3
Amendment No. 5
II.B.5.a
lib 5 b
II.B6
ll.B.7
ll.B.9
Design Phase Semices - Rincon Oiversior~ Pipeline
Basic Design Services $280,000
Additional Design Services $90,000
Bid Phase Services- Rincon Diversion Pipeline $15,000
Construction Phase Services - Rincon Diversion Pipeline To be negotiated
Rincon Diversion Project $50,000
AMENDMENT No. 8 TOTAL $435,000
Amendment No. 6
Landscape Architecture Design
We[lands Determination
Archeelogical Services
Additional Design
Additional Permitting
Land Acquisition
Choke Canyon Reservoir Outlet Works Channel Gage Outflow Record
Quality Control Verit~cation Accuracy of Release Rates
Evaluatio City's Groundwater Wells
Nueces Estuary Advisory Council, Rincon Diversion Project, Drought
Analysis
Amendment No. 6 Total
Additional Design Services
lIB1 a
II B1 b
lIB. 1 .c
II.B.l.d
lIB,1 e
II B.1J
lIB.9
II B10
IIBll
II B12
Construction Phase Services - Rincon Diversion Pipeline
Construction Observation
Commissioning Services
Maintenance Guarantee Services
Subtotal - Rincon Diversion Pipeline - Amendment No. 6
Amendment No. 7
Rincon Diversion Pipeline
ll.B.5 b,
vii, ix, & x
lIB.7
II B.7h
II B.13.a
II B.13b
Subtotal - Hondo Creek Bddge
Amendment No, 7 Total
TOTAL
Hondo Creek Bddge
II.B.14.a Geetechnical Services
II.B.14.b Permitting
II.B.14.c Surveying
II.B.14.d Design
II.B.14.e Bid Phase Services
liB 14.f Construction Phase Services
$3,500
$5,300
$8,200
$10,000
$30,000
$30,000
$20,000
$15,000
$9,000
$50,000
$181,000
$13,790
90,050
65,490
5,500
5,770
180,600
8,000
2,000
1,500
64,590
2,000
34,150
112,240
292,840
$1,610,740
Exhibit B
Page 3 of 3
H :UffOM E'~EVlNS \G E N\WATE R~O, IN C O N'd:'ipelin e\^AEAmd 7 S u m Exh B doc
Fde \Mproject~councilexh~bit$~exh g416bdwg
N
IH 5~
PARK
R£NCON P£PELINE
PROJECT LOCATION
RIVER
F.M. 624
~ 0 LC
~ N
j z
NUECES
"~/O'pCP,s'
z
z
LOCATION MAP
NOT TO SCALE
CITY PROJECT No. 8416
EXHIBIT "C"
RINCON PIPELINE PROJECT
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
OEPARTIWENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 03-01-2005
13
AGENDA MEMORANDUM
March 8, 2005
SUBJECT: Packery Channel Project - Boat Ramp - Project No. 5122
AGENDA ITEM
a. Motion ratifying a grant application to the Texas Parks and Wildlife Department for the
Packery Channel Boat Ramp project.
Motion authorizing the City Manager or his designee to accept a Texas Parks and
Wildlife Department Grant in the amount of $500,000 for the Packery Channel Boat
Ramp and execute grant acceptance documents.
Ordinance appropriating $500,000.00 from a Texas Department of Parks and Wildlife
grant into the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp;
amending the Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $500,000; and declaring an emergency.
Motion authorizing the City Manager, or his designee, to increase the escrow with the
U.S. Army Corps of Engineers in the amount of $508,000.00 for the Packery Channel
Project for the construction of the Packery Channel Boat Ramp.
FUNDING: Funding is available from the Marina Grant Fund upon appropriation and other
local funds (Packery Channel).
RECOMMENDATION: Approval of the ordinance and motion as presented.
obar, P. E.
43irector of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Additional Information
Exhibit B USACOE Letter
Exhibit C. Location Map
H:~-IOME~EVINS\GEN~PACKERY~BoatRamp'.Memo doc
ADDITIONAL INFORMATION
BACKGROUND: The Texas Parks and Wildlife Department contacted the City to solicit
additiona~ applications for their boat ramp grant program. The program has significantly
benefited local communities, but the number of applications had not obligated the
available funds. The City submitted an application based on the Packery Channel Park
design that had developed as part of the Packery Channel project.
TPWD has notified the City that the grant application for the Packery Channel Boat
Ramp was funded in the amount of $500,000. The Packery Channel Boat Ramp has
been an integral part of the Packery Channel project since its inception. U. S. Corps of
Engineers funds were not available for the boat ramp and related amenities. The City
was therefore responsible for the cost the boat ramp, utilities, parking, roads and
signage associated with the ramp. The grant makes $500,000 available to construct the
ramp and related amenities.
A change order was negotiated for construction of the boat ramp in the amount of
$508,000 with Luhr Brothers/King Fischer Marine that is constructing Packery Channel.
The U. S. Army Corps of Engineers has agreed to issue the change order to their
contractor upon payment of $508,000 by the City to the Corps of Engineers.
PRIOR COUNCIL ACTION:
April 13, 2004 - Resolution of the City Council of the City of Corpus Christi Authorizing
an Application to the Texas Parks and Wildlife Department for Assistance in Funding a
Boat Launching Facility on Packery Channel, Declaring the City Eligible for such
Assistance, Authorizing the City to be the Local Sponsor of the Project, and Directing
and Authorizing the City Manager to File the Application and to Execute all Documents
Pertaining Thereto (Resolution No. 025701).
Exhibit A
Page 1 o[ 1
H:'~HOME~EVINS\GEN~°ACKERY~BoatRarnp~3kgExhA.doc
CESWG-PM-I
' DEPARTMENT OF THE ARMY
2oo5
Mr. George K. Nee
City Manager
City of Corpus Christi
P.O. Box 9277
Coqaus Christi, TX 78469-9277
P.~: North P_a~ Island Proje~'t - Pa~k~'y Channel, Additmn of Boat _I~
Pe~ you~ l~le~ dated ~ 20, 2003 a~d rcc~iveg in this office o~ Mar~h 15,
2004, the Dislrict issued a n:q.u~st for pmpo.sal to the oanlraclm' fur :mllng aboat ramp to
The cost of this change was ncgotiatod With tim omatme, tor on February 17, 2005
and Bgrccd to a Imcc'of $508,0~0 and a e.o~b'~'t ~ ~xtm~'ion of 30 calendar days,
making thc complviion dale for ~ project Seplemb~r 20, 2005_
Sim:~ this wort Ls being pea'rotund with all CRy funds, ~quesl ltml 3~au not/fy this
offic~ of your concurrence with Ih~ cost of this chan~ arat thc conlr~ lim~ eaCumsio~.
We will ~ pmce~l with this week umil I have received !~mr conc~u-rc~:c and lbo
Sincerely,
Carl IvL Andea~on, P.E.
Exhibit R
Page ! of 1 J
~ Mprojec~\councilexhibits\exh5122b.dwg
CITY PROdECT No, 5122
packe~
Park
pl~dre
LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
PACKERY CHANNEL BOAT RAMP
CIPr OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGtN££RIN~ 5£i~¥1CES
PAGE: ? of 1
DATE: 08- 17-2004
ORDINANCE
APPROPRIATING $500,000 FROM A TEXAS DEPARTMENT OF
PARKS AND WlLDUFE GRANT INTO THE MARINA GRANT
FUND NO. 1058 FOR THE PACKERY CHANNEL BOAT RAMP;
AMENDING THE CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS
BY $500,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $500,000 is appropriated from a Texas Department of Parks
and Wildlife Grant into the Madna Grant Fund No. 1058 for the Packery Channel
boat ramp.
SECTION 2. The Capital Budget adopted by Ordinance No. 025647 is amended
to increase appropriations by $500,000.
SECTION 3_ That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at tw~ regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
__ day of January, 2005.
ATrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March
Lisa Aguil~__~
Assistant City Attorney
For City Attorney
,2005
Samuel L. Neal, Jr.
Mayor
JohnB u~k~\O R DR~so2005 \O KD Appl~l pac ke~yC ha nneIBoa t Ramp.lla
Corpus Chdsti, Texas
Day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at Iwo regular meetings: I/we, therefore, request
that you suspend said Charter rule and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Mayor
City of Corpus Chdsti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
JohnB unke~ RDReso2005 \O R DApp~:l p ac k c~yC hann~[BoatKan~ Jla
14
CITY OF CORPUS CHRISTI
AGENDA MEMORANDUM
City Council Action Date: March §, 2005
AGENDA ITEM:
Motion authorizing the City Manager or his designee to enter into a contract with McGriff,
Seibels & Williams of Texas, Inc. ("McGriW'), in the amount of $187,000 for an annual
premium for Excess General Liability, Public Officials Liability, Employment Liability and Law
Enforcement Liability Insurance coverage. The term of the contract will be for three years with
an option to renew for one additional 12-month period subject to the approval of the City
Manager or his designee.
ISSUE:
The City is currently self insured for General Liability, Public Officials Liability, Employment
Liability and l.aw Enforcemcnt Liability exposures and has no excess coverage for these types of
claims. There is an exposure for significant liability. This contract for excess coverage will limit
the city's exposure on new claims to $500,000 per occurrence.
REQUIRED COUNCIL ACTION:
Council approval is needed for multiycar contracts and contracts in exccss of $25,000.
FUNDING:
Funding l~or the a~urual premium is budgeted in Fiscal Year 2004-2005.
RECOMMENDATION:
Staff rccomrnends approval of the motion as prcsentcd.
Attachments
Background Information
Schedule A - Risk Analysis of Excess Liability Claims
Schedule B - Evaluation Criteria
Schedule C - Summary Evaluation Matrix
Schedule D - Pricing Matrix
Excess Liability Contract
Cynthia Garcia
Director of Human Resources
BACKGROUND INFORMATION
BACKGROUND
The City of Corpus Christi has been sell-insured for liability claims since 1984. During that
time, the City has not carded excess coverage tbr general, public officials/employment and law
enforcement liability. However, substantial dollars have been paid for claLms in these areas. In
addition, the City continues to experience an exposure for future claims of large monetary value.
The City requested its actuaries to perform an assessment of the risk of claims in excess of per
occurrence lilnits. The results of that study are included as Schedule A and show that the City
has "significant potential for the occurrence of large liability claims above expected, or average,
values." The City's Tort claims limits are $250,000 per person/S500,000 per occurrence for
bodily injury and $100,000 tbr property damage. However, law enforcement, public officials
and employment liability are not subject to these limits.
On July 30, 2004, Requests for Proposals were issued for excess general liability, public
officials/employment liability, and law enforcement liability insurance. Responses to the RFP
were received on September 10, 2004 in the Procurement Division.
EVALUATION
An evaluation team comprised of the Human Resources Director, the Risk Manager, the Senior
Purchasing Analyst, the Senior Management AssistantJPdsk, a Claims Adjuster, and the Senior
Management Assistant/Finance reviewed proposals for responsiveness. The proposals were
evaluated by the team during the course of six meetings based on the following criteria: (1) risk
25%, (2) strategic need 30%, (3) technical solution 5%, and (4) cost 40%. The specific criteria
for excess liability coverage are shown in Schedule B. The resulting matrix prioritized each
vendor based on the point value assigned for each criterion component in the evaluation matrix.
Vendor rankings based on this scoring method are shown in Schedule C. Four proposals were
received. One proposal was excluded due to a number of non-compliance issues.
RECOMMENDATION
As a result of this evaluation, McGriff, Seibels & Williams of Texas was determined to be the
best value to the City as shown in Schedule C Therefore, City staff recommends City Council
approval of a three-year contract ~vith one one-year renewal option with McGriff to provide
excess general, law enforcement, and public officials/employment liability insurance. The
contract for these services is attached.
MERCER OLIVER WYMAN
Schedule A
Januaw 27,2005
Ms. Donna James
Risk Manager
1201 Leopard Street
5th Floor
Corpus Christi, Texas 78401
Re: City of Corpus Christi
Risk Analysis of Excess Liability Claims
In accordance with our agreement dated December 23, 2004, Mercer Oliver Wyman
Actuarial Consulting, Inc. (Mercer) has examined the City of Corpus Chdsti's
(the City's) excess loss experience for the City's self-insured liability exposures. The
purpose of our analysis is to provide the City information regarding the expected cost and
risk of claims exceeding per occurrence limits for the purpose of evaluating the cost/benefit
of excess loss insurance. Specifically, we have conducted an analysis of the City's
expected costs excess a sedes of per occurrence limits. We have also conducted an
analysis of the statistical dsk that claims will exceed the stated 3er occurrence limits. This
is commonly referred to a "level of confidence" analysis.
Observations
The City's historical liability claim experience indicates s~nificant potential for large
claim experience Historical data examined from program years 1990 through 1999
indicates that the City can expect, approximately $430,000 in costs excess $500,000
per claim, on average, annually.
Risk analysis indicates significant potential for the occurrence of large liability claims
above expected, or average, values Risk analysis shows that at a 90% confidence
levelt, the city can expect $1.2 million in costs excess $500,000 per claim, annually.
The City's more recent liability large claim experience (latest five years) appears to be
less than older liability large claim experience. The results of items 1 and 2 above are
partially due to reliance on claims data pdor to program year 2000, as well as the
impact of assumed b-ends and reported cost growth. Use of smaller trend factors
and/or reliance on more recent data would have resulted in lower results. However,
the following important considerations apply:
~ A 90% confidence interval means that there is a 90% chance that actual results will be lower and a 10% chance
they will be higher.
January 28,2005
Page 2
- More recent experience is immature, and it is likely that not all claims have been
reported or that the tull potential for loss has been recognized in case reserves for
reported claims. For example, historical experience indicates that as of 7/31/04, 30%
o¢ losses for the program year beginning 8/1/01 are still unreported to the City.
Additionally, new claims continue to be reported to the City more than two years after
a program year closes.
- Currently, there are no claims with reported costs excess a $500,000 limit since
8/1/00. However, there are three large liability claims reported to the City with
substantial case reserves as of 7/31/04. The potential for these claims to grow in cost
is significant. The reported cost of these claims and associated case reserves, are:
$475,1B5 of which $414,709
$377,574 of which $200,000
$313,048 of which $289,128
iS case reserves
is case reserves
is case reserves
The presence of large case reserves increases the likelihood that these claims could
grow in cost, perhaps significantly. If only one of these cases increases significantly in
cost, our forecast of expected costs excess $500,000 could be achieved for at least
one of these years.
-The results of our analysis are critically dependent on certain selected actuarial
parameters, most notably cost inflation, or bend. Cost inllation takes into account the
assumption that an incident today will generate a more costly daim than the same
incident occurring ten years ago. We have assumed a 5% annual cost inflation for the
City's liability claims. A 5% annual cost inflation for liability claims is a commonly used
value. However, if we had assumed 7% annual cost inflation, expeoted losses excess
a $500,000 retention would increase ~'om $430,000 (based on a 5% trend) to more
than $600,000 (based on a 7% bend). Similarly, if we had assumed 3% annual cost
inflation, expected losses excess $500,000 would decrease to less than $300,000
(based on a 3% trend).
The City's data does not appear to have experienced a multi-claim extraordinary cost
occurrence, based on the data we have examined, Nevertheless, while apparently
unlikely, the occurrence of such an event could have a matedal Impact on the City's
finances. One purpose of excess insurance is to protect the City against such
contingencies.
Exhibits
The attached Exhibits present the details of our analysis. Each Exhibit is discussed
individually below.
Ms. Oonn~ James
January 28, 2005
Page 3
Exhibit C displays a list of the claims used in this analysis. The reported values of these
claims, as of July 31, 2004, are displayed, as we~l as the trended, expected final cost of
these claims. For the purpose of this analysis, historical claim experience must be
adjusted to estimated final cost il the claims are not closed. AddiLionally, all claims must
be adjusted for inflation to the cost level expected dudng the current policy term. A 5%
annual cost adjustment is used.
Exhibit B displays the raw excess loss percentages based on the claim data in Exhibit
The percentages are the expected portion of tota~ annual costs expected to be excess the
stated retentions.
Exhibit A displays the result of our analysis of risk. We display, by retention, the amount of
losses expected to be excess that retention, as well as amounts at higher levels of
confidence. A 75% level of confidence means that there is a 25% likelihood that actual
results will be greater than the stated value.
Caveats and Considerations
· .. ? 7'...,. ~,~¢ The reality is
The analysis in this report presents results on ~-'.--" ' '~' -: '*
there may be several "good" years where the"Uliy' has' Very little large liability claim
experience. However, there may be a single year where several large claims occur,
generating significant excess experience. This likelihood is demonstrated in on Exhibit A,
where values at the 90% ~evel ot confidence are between 2 and 3, times the value
expected at the mean.
This analysis was based on the City's data, and used commonly applied actuarial models.
We based our judgments and assumptions necessary for these models on data supplied
by the City and our own knowledge and experience. The results of our analysis, based on
the judgments and assumptions made, indicate significant risk, beth posi§ve and negative,
that actual results will very sta~s6catiy from expected results. However, the City should be
aware Chat . · ... :;:~ '. .... '..' ; ...... · that the jud~,~ents,
assure an-'"d--'rnc~el~erTflng our stal~st'K;al ana ysls are nOt correct.
The significance of parameter dsk is
mag en posures by a Iow frequency of high cost
claims, such as the City's exposure to liability claims.
Alt caveats that apply to our annual study apply to this report as well. Additionally, the
purpose of this analysis has been to address excess loss experience which is significantly
more uncertain that total loss experience examined in our annual study.
Ms. Donna James
January26,2005
Page 4
I[ you have any questions regarding the contents of this letter, please do not hesitate to
call me.
Yours truly,
Scott J. Lefkowilz, FCAS, MAAA, FCA
631-425-3232
City of Corpus ChdsU
Liability Claim Risk Analysis
75% 80% 85% 90% 95%
Excess Level o! Level el~ Level oi~ Level el' Level el~
Re[en[i~n Expecled Con~dence Confidence Conlidence Con~dence Confidence
(1) (2) (3) (4) (5) (6) (7)
$300,000 $655,812 $813,298 $1,003,761 $1,242.383 $1,622,402 $2,349,090
400,000 520,607 613,217 798,417 1,014,043 1,376,316 2,097,948
500,000 430,953 462,398 623,997 840,248 1,188,441] 1,910,970
600,000 366,490 340,575 488,564 702,428 1,035,224 1,756,411
700,000 318,082 231,982 380,442 584,327 903,483 1,608,561
800,0OO 279,906 132,465 277,503 477,731 774,717 1,497,192
900,000 248,947 39,595 181,243 375,836 667,675 1,374,544
1,000,000 223,591 87,913 277,151 568,294 1,247,865
Notes:
Based on excess Ios~ simulation modsl.
Losses excess $250,0~0 are simulated using a Iognormal c~rve with a cee[tic,eh[ of vadallon equaJ to 2.1. Claim
counts with cosls exceeding $250,000 are slmulaled using a Pols$on distdbutlo,n with a mean o¢ 2.0 claims per year.
Exhibit B
I City of Corpus Cl~dsti
Liability Claim Risk Analysis I
~-- .-~-~.~ ~,~.~:~:,.i~:~[-~;~ :-!!~,-.!:~i,i~i~i;~:;~i'~ f: ~';~.~-w~..~. ~.~ ~. -~.. .'~ ~. ....
Excess Loss as a
Number or Percenlage ot Total
Retention Claims Expected Loss
(1) (2) (3)
$250,000 24 23%
30~,000 15 21%
350,000 14 19%
400,000 11 17%
450,000 9 16%
500,000 9 15%
550,000 9 13%
600,000 9 12%
650,000 8 11%
700,000 6 10%
750,000 5 9%
800,000 4 9%
§50,000 4
900,000 4 8%
950,000 3 7%
1,000,000 3 7%
1,050,000 3 6%
1,10'0,000 2 6%
1,150,000 2 6%
1,200,000 2 5%
1,250,000 2 5%
1,300,000 2 5%
1,350,000 2 5%
1,400,000 2 4%
1,450,000 2 4%
1,500,000 2 4%
1,550,000 2 3%
1,600,000 2 3%
1,650,000 2 3%
1,700,000 1 3%
1,750,000 1 3%
1,800,000 I 2%
1,850,000 1 2%
1,900,000 1 2%
1,950,000 1 2%
2,000,000 1 2%
(2) Based on the results ol~ Exhibit C.
(3) Based on results o[ Exhibil C and Mercer's anarysls as oi~ 7/31/2004 of the Cily of Corpus Chdsti's total
liability experience.
~_xhibil C
City of Corpus Christi
Liability Claim Risk Analysis
Estimated Final
Repoded Estimated Value Trended
Program Value Final Io 2/1/2005
Claim Period at 7/31~004 Value Cost Level
11) 12) (3) (4) 15)
1 1990 $467,208 $467,208 $905,901
2 1990 185.709 185,709 363,613
3 1990 550.525 550,525 1,066,027
4 1990 143,881 143,881 280,286
5 1991 216,477 216,477 406,294
6 1991 101,692 101,692 193,705
7 1991 219,999 219,999 407,631
8 1991 141,360 141,360 265,730
9 1992 1,472,327 1,472,327 2,684,301
10 1992 373,700 373,700 655,430
11 1992 939,739 939,739 1,667,692
12 1994 175,048 175,048 283,483
13 1994 161,457 161,457 260,153
14 1994 467,578 467,578 764,438
15 1994 222,490 222,490 353,9~8
16 1995 430,000 444,251 694,980
17 1995 355,000 392,564 608,975
18 1996 180,327 180,327 267,960
19 1996 216,797 216,797 325,180
20 1996 186,305 186,305 272,878
21 1996 264,273 264,273 394,646
22 1996 101,450 101,450 147,702
23 1997 119,367 119,367 165,031
24 1997 185,750 185,750 262,989
25 1997 184,064 184,064 258,555
26 1997 100,009 100,009 142,848
27 1998 131,116 131,116 175,368
28 1998 65,2Z2 65,272 88,204
29 1998 151,588 151,588 203,700
30 1998 206,740 20~,740 270,885
31 1999 130,335 130,335 162,690
32 1999 107,582 107,582 136,787
33 1999 225,000 553,711 705,064
34 1999 130,912 130,912 166,074
35 1999 150,840 180,362 227,556
36 1999 117,689 117,689 150,501
37 1999 137,172 137,172 173,065
12), (3) Provided by the City of Corpus Chdsh.
(4) No adjustment If the claim Is closed, olherwlse fl is developed to final coal.
(5) Based on a 5% annual trend h'om date of loss to 2Jl/2005.
EXHIBIT B
CONTRACT TO PROVIDE EXCESS GENERAL LIABILITY, PUBLIC OFFICIALS /
EMPLOYMENT LIABILITY, EMPLOYEE BENEFITS LIABILITY AND LAW
ENFORCEMENT LIABILITY INSURANCE TO THE CITY OF CORPUS CHRISTI
This contract to provide excess general liability, public officials / employment liability, employee
benefits liability and law enforcement liability insurance to the City of Corpus Christi (the
"Contract") is made by the City of Corpus Christi (the "City"), a Texas home rule city and Mc Griff,
Seibels and Williams of Texas, Inc. (hereafter, "Contractor"). For the consideration specified in this
Contract, the City and Contractor agree:
Contractor shall provide the required coverage for the City. The coverage limit is $3 Million /
$6Million aggregate with a retention level of $500,000 SIR. The City's Risk Manager is designated
as the Contract Administrator responsible for all phases of performance, including authoriz~ations for
payment. All notices or communications regarding this Agreement must be directed to the Contract
Administrator.
PERFORMANCE REQUIREMENTS
Contractor will supply and prepare checlcs and drafts for claims. Cona-actor will be
responsible for the generation and mailing of the Forms 1099 to vendors and service
providers as required by the Internal Revenue Code. Contractor will forward a magnetic tape
to the IRS of the Forms 1099 as required by applicable law.
No subcontractors or other service providers will be hired without specific written approval
of the City. To the extent subcontractors are utilized, the City will be billed for
reimbursement at actual invoice cost. The Contractor shall add no fees, charges or premiums
in any amount to the actual cost to the Contractor for the subeontractor's services.
Contractor will name one (1) individual as coordinator to resolve all problems that may arise
during the length of this Contract.
Claim files are the property of the City and not the property of the Contractor or any of the
Contractor's employees or subcontractors. In addition, Contractor shall assure confidentiality
of medical information contained within the files and will satisfy the constraints of the
Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").
Notwithstanding the previous sentence, the City in no way agrees that HIPAA will apply
with respect to any workers' compensation plan of the City or to any workers' compensation
claim to the extent that HIPAA would otherwise be inapplicable.
Contractor will provide adequate internal control procedures to protect the City from any
type of financial loss. Contractor shall be responsible for refunding to the City overpayments
resulting from errors or duplicate payments of any kind.
At the request of the City, Contractor shall allow the City to audit all or any files maintained
by the Contractor.
In coordination with City staff, Contractor will develop and oversee a detailed transition plan
and bear the cost of transition.
B. OTHER REQUIREMENTS
1. Lawsuits
If initial demand is with/n the retention limit, the City controls claims handling as well as
defense counsel. Contractor is not authorized to receive service of process on behalf of the City
in any court proceeding whatsoever.
2. Experts
The hiring of experts requires the written approval of the City's Risk Manager, or designee_
3. Annuity Services
Structured settlements will be used by the City for certain identified cases. Examples would include
employee fatality cases where the employee has minor dependents. At the City's request, Conu-actor
will solicit quotations from annuity providers and provide same to the Risk Manager for selection
and approval. The City will neither be billed by the Contractor nor be required to pay Contractor
separately for these annuity procurement services.
4. Reporting on Cases in Litigation
Contractor shall prepare a full-captioned report on all files in litigation_ Copies of such reports shall
be sent to the City's Risk Manager and coordinated with City appointed legal counsel_
5. Claims handling provisions
Claims for State National are handled through Meadowbrook Insurance Group_ If initial demand is
within the retention limit, the City controls claims handling as well as defense counsel. If initial
demand is over the retention on limit, the claims should be reported to the Contractor and Contractor
will coordinate with Meadowbrook. They will want to approve counsel. If the claim status changes,
Contractor will coordinate claims handling.
Claim Reporting thresholds
A. Monetary Threshold
Any claim that will result in an "incurred loss" that is 50% of the involved self-insured
retention. Incurred loss means the probable ultimate paid loss plus allocated loss expenses
that can be attxibuted towards meeting the self-insured retention.
B. Injury Threshold
Any act, error, event incident or occurrence applicable to this insurance that results in a: 1. Fatality;
2. Spinal Cord Injury( paraplegia and quadriplegia);
3. Brain damage;
Third or second degree burns over 50% of the body;
5. Amputation;
6. Impairment of vision or hearing of 50% or more;
7. Nerve damage causing paralysis or loss of sensation in a limb;
8. Massive internal injuries affecting body organ(s);
9. Significant shattering or non-union of a limb and
10. Worker's Compensation claim involving permanent total disability_
DATA COLLECTION AND PREPARATION OF REPORTS
The City shall require the Conlyactor to provide a computer generaled loss run analysis
report for each month covering all activity including newly reported, open and newly closed
claims for the period. This report will be customized to meet City needs and wtll provide as a
minimum the following information by claim type by claim year:
1. Monthly, year-to-date, and yearly listings of open claims_
2. Monthly, year-to4ate, and yearly listings of all open and closed claims_
2. Report listing:
1) claims where the status has changed during the period being reported;
2) the total number of claims where the status has been changed to closed or active.
Such totals should be listed for the month reported and for the year-to<late;
3) current list of all claims in litigation.
4) a list of checks voided during the month.
The Contractor agrees that the City shall not be required to pay for the preparation of any of the
3
reports described above. Rather, compensation for preparing the reports shall be included in the
prices charged to perform services under the Contract-
E. INSURANCE REQUIREMENTS
Contractor agrees to Indemnify, Hold Harmless, and Defend the City of Corpus Christi, and its officers,
employees, and agents (lndemni~ees) from and against any and all liability, loss, claimq, demands, suits.
and causes of action of any nature on account of death, personal injuries, property loss or damage, or any
other kind of damage, including all expenses of litigation, court costs, attorneys' fees, and expert witness
fees which arise or are claimed to arise out of or in connection with this contract or the performance of
this contract, regardless of whether the injuries, death, or damages are caused, or are claimed to be caused
by thc concurrent or contributing negligence of lndemnitees, but not by the sole negligence of
lndemnitees unmixed with the fault of any other person or group.
Prior to the commencement of any work under this proposal, Contractor shall furnish an original
completed Certificate(s) of Insurance to the City which shall be completed by an agent authorized to bind
the named underwriter(s) and their company to the coverage, limits, and termination provisions shown
thereon, and which shall furnish and contain all required information referenced or indicated thereon.
The original certificate(s) must have the agent's original signature, including the signer's company
affiliation, title and phone number, and he marled directly fi.om the agent to the City. The City shall have
no duty to pay or perform under this proposal until such certificate shall have been delivered to the City,
and no officer or employee, other than the City's Risk Manager, shall have authority to waive tiffs
requirerrent.
The City reserves the right to review the insurance requirements of this section during the effective period
of the proposal and any extension or renewal hereof and to modify insurance coverage and their limits
when deemed necessary and prudent by the Risk Manager hased upon changes in statutory law, court
decisions, or circumstances surrounding this proposal, but in no instance will the City allow modification
whereupon the C~ty may incur increased risk.
A Contractor's financial integrity is of interest to the City, therefore, subject to Contractor's right to
maintain reasonable deductibles ia such amounts as a.re approved by the Risk Manager, Contractor shall
obtain and maintain in full force and effect for the duration of this proposal, and any extension hereof, at
Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized
and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company and/or
otherwise acceptable to the City, in the following types and amounts:
TYPE
AMOUNT
1. Workers' Compensation Statutory
Employers' Liability 500,000/$500,000/$500,000
2. Commercial General Liability Insurance
a. Premises operations
Combined Single Limit for
Bodily Injury and Property
4
b. Independent Contractors
c. Products/completed operations
d Personal Injury
e. Contractual Liability
Professional Liability
Damage of $1,000,000 per
occurrence or its equivalent
$1,0C0,000 per claim to pay on behalf of
the ~nsured all sums which insured shall
become legally obligated to pay as
damages by reason of any act,
mal~actice, error or omission in
professional services; if wriUen on a
"Claims Made" form, must provide for
an extended reporting period of twenty-
four (24) months after the date of
PROPOSAL termination.
The City shall be entitled, upon request and without expense, to receive copies of the policies and all
endorsements tbereto as they apply to the limits required by the City, and may make a reasonable request
for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties
hereto or the underwriter of any such policies). Upon such request by the City, the Contractor shall
exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof.
Contractor agrees that with respect to the above required insurance, all insurance proposals and
Certificate(s) of Insurance will contain the following required provisions:
Name the City and its elected officials, officers, directors, employees, agents, volunteers
and representatives ms additional insureds (as the interests of each insured may appear),
as to all applicable coverages respects operations and activities of, or on behalf of, the
named insured performed under proposal with the City, with the exception of
professional liability and workers' compensation policies;
The Contractor's insurance shall be deemed primacy with respect to any insurance or self
insurance carried by the City for liability arising out of operations under the proposal
with the City; and
· Workers' compensation and employers' liability policy will provide a waiver of
subrogation in favor of the City.
Contractor shall notify the City in the event of any notice of cancellation, non-renewal or
material change in coverage and shall give such notices not less than thirty (30) days
prior to the change, or ten (10) days notice for cancellation due to non-payment of
premiums, which notice must be accompanied by a replacement Certificate of Insurance.
All notices shall be given to the City at the following address:
5
City of Corpus Christi
Aim: Risk Manager
P. O. Box 9277
Corpus Christi, TX 78469-9277
If Contractor fails to maintain the aforementioned insurance, or fails to secure and maintain the
aforementioned endorsements, the City may obtain such insurance, and deduct and rehtin the amount of
the premiums for such insurance from any sums due under the agreement; however, procuring of said
insurance by the City is an alternative to other remedies the City may have, and is not the exclusive
remedy for failure of Contractor to maintain said insurance or secure such endorsement. In addition to
any other remedies the City may have upon Contractor to stop work hereunder, and/or withhold any
payment(s) which become due, to Contractor hereunder until Contractor demonstrates compliance with
the requirements hereofi
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may he
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractors' performance of the work covered under this agreement.
F. CONTRACTOR'S CHARGES FOR SERVICES
The Conlxactor's charges for services during each year of this Contract are specified in the attached
Excess Liability Insurance Premium Pricing Summary. The City agrees to pay such charges promptly
after receipt of an invoice from Contractor.
G. OTHER PROVISIONS
1_ Notices or correspondence to the parties under this Contract shall he sent to:
If to the City:
Risk Manager
City of Corpus Christi
City Hall, 5th Floor
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 880-3680
b. If to the Contractor:
Johnny Fontenot, Account Director
McGriff, Seibels & W~lliams of Texas,Inc.
5949 Sherry Lane, Suite 1300
Dallas, TX 75225
(469) 232-1200
All notices under this Contract shall be sent via certified mail, return receipt
6
requested.
A copy of the Contractor's completed Disclosure of Interests Form, submitted with
Contractor's proposal, is attached as Exhibit 2.
H. CONTRACT TERM AND STARTING DATE
This Contract shall be for a term of tl~ee (3) years beginning on March 1, 2005 and continuing
through March 1, 2008 with one (1) optional one-year extension. Notwithstanding the Contract
starting date of March 1, 2005 (the "Starting Date"), the Contractor agrees to begin providing
insurance coverage effective March 1, 2005,
I. TERMINATION OF CONTRACT
The City may terminate this Contract immediately for cause upon writ-ten notice to the Contractor.
The City may terminate this Contract, with or without cause, upon ninety (90) days prior written
notice to the Contractor. The Contractor may terminate this Contract, with or without cause, upon
one hundred twenty (120) days prior written notice to the City.
J. MODIFICATION OF THE CONTRACT
This Conu-act may be modified only in writing. Such a document must be signed by authorized
representatives of the City and Contractor. Such a document may be signed in multiple original
counterparts. Each such counterpart shall be considered an original.
AGREED TO BY:
McGriff, Seibels and Williams of Texas, Inc
Name~/lohfiny Fontenot,
Title:Vice President, McGriff, Seibels & Williams
McGriff, Seibels & W-flliams of Texas, Inc.
5949 Sherry Lane, Suite 1300
Dallas, TX 75225
City of Corpus Christi
By:
Name: George K_ Noe
Title: City Manager, City of Corpus Christi
City of Corpus Christi
1201 Leopard
Corpus Christi, TX 78401
Date:
Date:
ATTEST:
A.,mando Chapa
City Secretary
7
Approved ~ to form this the __ day of
MARY K.FISCHER, CITY ATTORNEY
By:
Assistant City A~xomey
John Burke
EXCESS LIABILITY INSURANCE PREMIUM PRICING SUMMARY
SIR $500,000 Limit $3 Million each accident or Occurrence
$6 Million Policy Aggregate Limit
Premium: $187,000 Flat Annual Rate with rate guaranteed for 3 years
Optional coverage enhancements which can be provided for an additional premium:
Coverage Name Premium Charge
None
9
CITY OF CORPUS CHi~ISTI
DISCLOSURE OF 1NTEKESTS
City of Corpus Christi Ordinance 17112 a.s amended, ri:quires ail pe~ous or proposers se~ldng to do business with the City t~
provide the following informaaon. Every question must be ans~,e~L
If the questton i~ not applicable, artswex with "N/A." See reverse side for definitions.
PROPOSERNA~: McGriff, Seibels & Williams of Texas, Inc.
~J)DRF. SS: 5949 Sherry Lane, St 1300 CrrY Dallas Z~ 75181
PROPOSER is: 1 Corporation (X') 2. Parmcmlfip ( ) Sol¢Owner ( )
4. Association ( ) 5. Other ( )
DISCLOSURE QUESTIONS
If additional space is neoessary, please use the reverse side of this page or aitach a separate she:et.
I. State the naraes of each "employee" of the City o[ Corpus Chnst~ having an "owned'ship interest" constituting 3% or mom of
ti~ ownemhip in the above named "Prolx~ser."
Name: lob -title and City Depanmant (if known)
N/A
2. Stale the narne~ of each "ol"ficial" of the City o f Corpus Cknau having an "ownemb-ip inte~z:st" oons0tuting 3 % or mom of the
oarne~,ip in the above named "l:'mposer"
3. State the names of each "b~an:l member' of the City of Corpus Clmstt having an "ownemhip interest" constituting 3% or more
of the o',~mership in the ab,ave named "Proposer."
N/A
Board, Commission, or Committee
4. Stale the names of each employer or officer of a "consultant" for the City of Corpus Christi who worked on any martex Elated
to the subject of this con~-a~t and has an ~ownership interest" cons~mtmg 3% or more of the ownership ia the above named
N/A
Consultant
10
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I
have no~ knowingly withheld disclosure of any information requested; and that supplemental statements
will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying
Person: Johnny Fontenot
Certifying Person: ~-;-]
Title:
Senior Vice President
Date: 1-20-2005
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City Council
of the City of Corpus Christi, Texas.
b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-tim
basis, but not as an independent contractor.
c. "Proposer." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including but not
limited to, entities operated in the form of sole proprietorship, as a self-employed person, partnership,
corporation, joint stock company, joint venture, receivership or trust, entities which for purposes of
taxation are treated as non-profit organizations.
d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant
City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus
Christi, Texas.
e. "Ownership interest." Legal or equitable interest, whether actually or constructively held. [na
Proposer, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, pro:des, or special
terms of venture or partnership agreements."
f. "Consultant." Any person or Proposer, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
11
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2005
AGENDA ITEM:
a) Motion authorizing City Manager or his designee to sign an Addendum to the contract with Computer
Sciences Corporation ("CSC") as successor in interest to DORN Technology Group,Inc., to provide
maintenance and enhancement services ("MESA") for the RiskMaster liabilities software system and
database for a period of three years.
b) Motion authorizing City Manager or his designee to sign an Addendum to the MESA to add an
additional user to the license agreement for RiskMaster and provide support for that additional user.
1SSUE:
The City of Corpus Ctu'isti's Risk Management division has used the RiskMaster software system for
the recording and processing of General Liability claims and lawsuits since 1988. The previous
addendum to the MESA expired on November 31,2004. This Addendum provides sollware support
and enhancements for an additional three years in order to maintain the integrity of both the software
and the database of claims.
Additionally, the licensed number of users is being expanded by one (1) in order to allow the Human
Resources Department's Functional Analyst to assist in providing support in-house to the RiskMaster
system.
REQUIRED COUNCIL ACTION:
The City Council must approve all multi-year agreements.
PREVIOUS COUNCIL ACTION:
City Council has previous approved the contract with CSC which provided software support and
licensing for a four year period ended November 1, 2003. An additional one-year Addendum for
MESA services was signed by the City's Risk Manager to extend that service until November 31, 2094.
CONCLUSION AND RECOMMENDATION:
Staff recommends Council approve both Addenda
Cynthia Garcia
Director, Human Resources
H:XP-JSK-DIR~SHAKED~Adria\wordWY05~RiskMaster contract agenda Rem dc:
Attachments:
Computer Sciences Corporation Addendum MESA No. 4
Computer Sciences Corporation Addendum - MESA No. 5
H:WdSK-DIR~SHARED~Adria\woo:IWY05W, iskM~ster contract agenda item.d~:
BACKGROUND INFORMATION
In March of 1988, the City of Corpus Christi contracted with DORN Technology Group, Inc.
("DORN") to begin using RiskMaster software to document, process and evaluate liability claims.
This software system was DOS based. Eleven years later, in January, 1999, the City entered into a
new contract with DORN which converted the DOS-based system to a Windows-based system and
converted the database (then at 10,000 records) to the new format.
The new contract with DORN, which was subsequently purchased by Computer Sciences
Corporation ("CSC"), included licenses for six users and support for two years. Upon the expiration
of that service agreement, consecutive additional Addenda were executed which contracted the
support services for each of the three successive years. The most recent addendum, Addendum No. 3,
provided software support through November 31, 2004 and has since expired. However, due to
changes in staffat CSC a new MESA contract was not forwarded to the City for execution. The City
has not experienced a lapse in support over this time frame, but the proposed Addendum No. 4 will
contract software support and enhancements for a period of three years at a cost of $9,109.80 per
year.
Addendum Number 5 proposes to add an additional user to the City's license for RiskMaster.
Currently, the City is licensed for six users. All six licenses are being used by the RiskMaster file
server and Risk Management staff. However, Risk Management staffdesire to enlist the assistance
of the Human Resources Functional Analyst to provide in-house support of the RiskMaster system.
An additional license must be purchased in order for this to be accomplished. There is a one-time
licensing fee of $1,000 and support for that user is $200 for each year of the software support
contract. Total cost of the contract over the three years is $28,929.40..
H:~RISK-DIRXSHAKED~Adria\word~FY05~RiskM~ster contract agenda ilem doc
Agrt,~enl No. 991130-3 Re~'.l
A~dendum No. 4
CSC and Cusp, nm- hereby agn:e ~ f~Uov~:
1 I Annual OMESA) Cha~gc ("AMC~): Ta¢ mnotmt of money to ~ paid mmmdly to CSC by Customer fo~ abe
fight to fa'ceil:MESA ME.SA ~s defmedinSeCt~nl I 4
1.2 AuC. horiz~ Locatioo: The location wt~e Cus~amc'r's s~rver r~sides wMch ts IL~ed below and IS o',~nned and
ol~ral~d by Custo~-~ CSC is only obligated to provid~ Mainte~mnce ar~ Enl~neemems at I~e Au6xn4zed
Corlm~ C~ 'EK 78401
1 3 Do~,~taUon: Writ~n raa~enals aad manuals (ax~:l machine-readable texa subje~ ~ display and pruaou0
describing lhe ~mXioml Imxes~s. assumptions, specificafiom mci PrinCiples o[ operation of ax: eompmer
prugrams ~a a Syslean and designate~ ~s Ihe off, mi do~tmaentat:on to s~ch System by CSC.
Release of a System for fl-,ose para of such Sy~em wh~h have nol been modifgd or affected by
any m. xtificatio ~.
1.42 Nonco~onmry: Afadmeoflbecompu~rprogra~sofa'$y~tem"tooperatemacoarct,~ce
I 4.3 Et~l~mc~tm-nts: Any addit~m to, change tn or IBodif~aao{l of fl~ mo~ currmt Release of a
S3~tean '4neb. CSC makes g~'ncndly available ~a lieemees ofthe System, at CSC's cxpeme, if
aad when sssda develop~mml is ecqnpl~ted.
1.4.4 Services Ava~abie: Services other ~ Matrge~anrae and Enhan~e~-n~ which are ava]able
chJrmg the MESA Term al (~C's then cum:hi ch ~-ge's aad coalition.
I 5 IVIF_SA Term: Tim pcxiod dm~ngwhich CSC shall be obligaled lo proxaffe MESA f~ a Sy~em
16 Release: An e~hfioa of thc entue System wt~ch Js made generally available to licemees o f the Syst~ ~th
Sy~em includes all mamrials relale~ thereto sul~lied to C~toin:r uMer this A.greemenl, wl~ch may include.
without ltmilatJon, Doo. ax~ma6on, flow char~, logic diagrams, source co&s, objecl codes, and matenaJs of
any type whalsoever (tangible or mtangble and madame or hmnan readabk0 which incorp~'ae or refleO- the
d~ign, spe~ficaficrm, crt w~nkings of such ~oFa~a and any change~, addit~s ot mochfiealiom provided
through Mamlgm~ce o~ Erk. anze~-ms Syslem may refer to more than one Sy~:m, despi~e the use of the
Agreement No. 991130-3 Rev.l
Addendum No. 4
2. M~SA
2 I CSC sha]l prorate MESA to Ctxstomer at thc A~ed L~calion for one pl~oducaon copy and one non-
produ c~aon lestmg copy of a System dunng tbe MESA Term subj ecl to thc c.o n di~ior~ set foelh below.
22 P~v:dcd that Cu~tonm- is curreut oo its MESA obligauom I~-¢mder, CSC ~.ill provide MaUleaance
s~t~tce~ for up to ~ (2) pre-authon~d Customc~ staff mcmbers Such Slll:~ort will be provided by
lele~ne, ml~t'nel or at CSC's prodtmt c~ office dunng CSC'$ not'mai bits~ess ~ which a~ Monday
through Fhday $:0~ am- lo 8:30 p.m_, EST (o¢ EDT as apphcabl¢) ~ sm~s sh~ t~t ms::h~e
23 In order to receive Maintenance, Custonm- sball advise CSC o f a smpeacd Nonconf°~am~ ~ ~1 ~b~t
on a monthly bas~ (i'.) part~capatmg in ongoillg CSC recon~nded Product iraining se'~ions. (v)
daffy ese ~pp~t p~:)cem, ('o~) ~emrm~ to~tmg, nmm~aining an~ utglatmg hardware, operaLi~g s)~em
lx-rild~l~ or prm~ers ~ nccordance wl[h the Ihcn curet-hi s3.xl~u requ~:ments. (vii) upgrading
opcr~u~ sy~-m suplx~ (iu) custom p~graa~i,,~. (~v) geuecal ~ ,~,~eu~. (v) mowng Custon~-
data. (va) moving, relO~l~g or reit~tallmg s~R-ware po:~grnms ot pl~&'~, (vi~) verlflc-~lon or correction of
errols [hal result f~m data e'~ry or pnKed~al errocs. (yin) unau[hon~d flm-d 10ax~ r~orl wrfter~ a~[ (ix)
3 1 CUSTOMER i~ hereby r~newmg nts MESA under Ibe terms oftl~s Addendt~n for Ibc follo'~ang MESA Term:
[] 3 Ycm },~SA Term
34
Addendum - MESA
Felwuary 1L 20~5 - Prices Valid for 30 Days
Addeadam No. 4
35 A~ offer am'm ~t c~dio~ of fl~: "Agn:~m~' ~ pn-w~c,usty ~da:[ by th: pa~a~, mttam tm~b~L~ ~d ai~ll be m
A~reement Nh. 991130-3 Rev. I
ComDuter Sdeu~es Corl~ration
Addendum
February 11, 2005 - Prict:l Valid for 30 Duyl
Addend~tm No. 5
Thi; A~lendum ~ effective February ) L 2005, and i~ by and betwee~ Compn~r Sc'te~c~s Corporation
I.s s~cc~.soc i~ int~r,~;t to DOR.N Technology Gr~tp, [nc. ~ Ci~ of Corpus Ch~tstl ("CUSTOM~.~")
1201 l.eoi:~n:i, Cnrl~t~ Cm'i.~'ti. TX 7~401 ~i~hert~,ym~A,' ap~n of nnd in¢orpo~l~d into the S'l~mdard T~
and C_.~nditim'~ Agroemcnl No. 991130-3 Rev_l ("Agzer. me~t") md any A,4a,-,~dut~ Io the Agt~em:nt by
between DORN Technolog~ Crroup, [nc. and CUSTOMER_ In tt~ ~-v~t ~ my provision of this At~nd~m
any provision of R~ Ag~eemem is thco~.sis~enl ~ conRic~ the inc~n.vi~t~nt ar con~ficting p~visinn of
Add~ndu~ shM/be and e~L~imt~ an amendment of the Agnmment and ~.sJl controt, but oR[y
~ch p~visitm is iaeonsis'~ ~r convicting w~th ~e Agr~..n'~nL
C~C ~ CUSTOMER ~.mby ~ ~
CUSTOMER desires lo license on~ (1) ~ktit~o~al Us~r ~ ("Sot~wtr~") I~,i~sg~nt to Ibc ti, us and
conditions of thc
No.~vithstanding anything to the conWary in thc Agre~:rmm~. CSC and CUSTOMER agn~ Ihat for
O. ISWOMF~'S ~'~-m I~ Ik~me smh SoRwar~ CUSTOMT=R l:.,~s m,4 agrees ~ pay CSC a lic~nm ,.,t~,~
No~l; The above supp~ f~s ar~ m addilJo~ t~ the cam'mt Suplxa't S4:rvices Plan fe~:~ and will b~ ~ m ~h
succe~ing suppo~ ~a~.
C. SC ami CUSTOMER ~ by their und~igm:d ~uthorized
Agreement ~d ~,~- lo be bo~d by ffaeir t~"ms ami
CSC ~
Coml~tt~r .SO~n~ Corporm~m .
(in ~on-black ink, ple:a.v:)
I:~YMOND A. AUGUST
~i~}
Date)
Chimer
City of Corpu~ Christi
(Aufllorized Sigrumu'e)
(in non-black ink, ple:ss~)
(Name)
Critic)
(Exec.~fion Date)
RISK~A~-I'ER Id~H Smith
R05.~054A
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 0310812005
AGENDAITEM:
A) Ordinance appropriating $75,000 from Intel Corporation from anticipated revenue in
MIS Fund No. 5210 for Digital City Project support; amending operating budget adopted
by Ordinance No. 025878 by increasing appropriations by $75,000; and declaring an
emergency.
B) Motion authorizing the City Manager or his designee to execute a contract amendment
with Public Technology, Inc. (PTI) of Washington, DC in the amount of $79,950.00 to
provide Consulting Services for support of the Digital City Initiative.
C) Motion authorizing the City Manager or his designee to execute a contract amendment
with Public Technology, Inc. (PTI)and RAM Technologies, Inc. (RAM)of Washington,
DC in the amount of $90,452.00 to provide Consulting Services needed for an accurate
physical meter inventory to support the AMR pilot project.
ISSUE: The Cit~ contracted with Public Technology, Inc. to assist with the development
and implementation of a pilot Wireless Fidelity (WiFi) and Automated Meter Reading
(AMR) solution. During deployment the following issues developed:
Firstly, the WiFi project generated nationwide interest and the City is currently involved in a
major 'proof of concept' project undertaken by Intel Corporation and a vadety of their
business partners (including Dell, Nodhrop Grumman, Microsoft City and many other major
corporations). This effort, called the Digital City Initiative, aims to create the necessary
partnerships in order to produce the new hardware, software and services required to
operate business and governmental services under WiFi. The appropriation in item (A) will
be used towards the development and deployment of pilot e-Government Application
Service Solutions agreed to and item (B) will allow for consulting services to assist with
support and coordination of the Digital Cily initiative.
Secondly, when the project was undedaken, it was assumed the meter inventory and
meter locations were sufficient to support the AMR pilot. The City inventory included the
necessary information to support water and gas operations, meter reading and financial
records. It was determined the pilot would proceed using the existing inventory in the hope
that the cost of an additional inventory could be avoided. However, the AMR pilot also
requires a meter site survey and physical inventory of meters and meter locations. This
information was not contained in sufficient detail in the City meter inventory to support the
AMR pilot. It was known that an additional cost would be incurred if the City's existing
inventory was inadequate to support the pilot. As a result, PTI and RAM consulting team
resources were allocated to these tasks, resulting in: 1) the significant expenditure of
project resources on non-budgeted project tasks; and 2) the extension of the AMR pilot
completion date. Item (C) will allow for consulting services to complete the AMR pilot.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION:
· City Council approved purchase of the ITRON handheld meter reading system on
August 26, 2003
· City Council approved a Contract with PTI of Washington DC to provide consulting
services for the Automated Meter Reading / Wireless Broadband Network Pilot project
on October 21, 2003
City Council approved a contact with Tropos Networks, Inc. and PTI of Washington, DC
to provide the wireless broadband network necessary for the implementation of the
Automated Meter Reading / Wireless Broadband Network Pilot project on May 18, 2004
City Council approved an amendment to the contract with PTI of Washington, DC
provide Consulting Services for the Automated Meter Reading / Wireless Broadband
Network Pilot project on May 18, 2004
City Council approved a with Nodhmp Grumman Commercial Information Services, Inc.
of Hemdon, VA on August 17, 2004
FUNDING:
Amount Budgeted $179,402
Source of Funds
550950-4475-00000-200467 $ 79,950.00
550950-.4475-00000-200466 $ 45,226.00
550950-4550-00000-200466 $ 45,226.00
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Ogilvie F. Gericke, P.E.,
Director of Information Technology
ORDINANCE
APPROPRIATING $75,000 FROM INTEL CORPORATION FROM
ANTICIPATED REVENUES IN MIS FUND NO. 5210 FOR
DIGITAL CITY PROJECT SUPPORT; AMENDING OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 025878 BY
INCREASING APPROPRIATIONS BY $75,000; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $75,000 is appropriated from Intel Corporation from
anticipated revenues in MIS Fund No. 5210 for Digital City project support.
SECTION 2. That the Operating Budget adopted by Ordinance No. 025878 is
amended by increasing appropriations by $75,000.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of ,2005.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: March 3, 2005
Lisa Aguilar (..)
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
AMENDMENT NO. 3 TO AGREEMENT BETVVEEN THE
CITY OF CORPUS CHRISTI AND PUBLIC TECHNOLOGY, INC.
The City of Corpus Chdsti, Texas, P. O. Box 9277, Corpus ChdstJ, Texas 78469-9277, (the
"City"), and Public Technology, Inc. (the "Consul[ant"), agree to the amendment or the contract
approved October 28, 2003 (M2003-392) (the 'Contract" or the "Agreement"), as follows:
1 Scope of Services. Section II o[ the Contract, Scope of Services, is amended by adding the
following additional services to be provided:
"Consultant shall also perform all services described in the Consultant's Management and
Technical Services Proposal Extension for the City of Corpus Chdsti Digital City Effort
Project Support dated February 8, 2005, which is incorporated by reference and made part
of this agreement for all purposes."
2. Fees for Services. Section III of the Conlract, Fee for Services, is amended to increase total
cost for all services provided by Consultant under the Contract as amended by $79,950 for
services described in Section 1 above.
3. This amendment takes effect upon date of execution by the City Manager or designee. All
other ten'ns and conditions of the Con[ract not changed in this Amendment remain in effecl.
A'H'EST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Seretary
George K. Noe
City Manager
Date:
Approved as to form:
Lisa Aguilar ~/
Assistant City Attorney
For City Attorney
,2005
PUBLIC TEI~-INOLO_GY, linC. //
e: HZ~,~ ~.- ~1.~
Title: ~"~ c,~- ~,~
Date: ~2~ ~-o ~
Management and Technical Services
Proposal Extension
For
The City of Corpus Christi
Digital City Effort
Project Support
PRESENTED BY
Pub#c Technolog~ Inc,
Februa~ 8,2005
I.-
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uJ
Z ~ O'
0 ~ I.U
C3 I- (.1
~ u.I
0 (,.)
n~ w 0
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3.0 Project Requirements
Thc proposed effort will require a Contract extension beyond its original February 28, 2005
completion date. In order to track and respond to unanticipated challenges, it is proposed that the
agreement be extended for 12 months (through February 28, 2006). The resource PTI intends to
allocate to this effort is Dr. Costis Toregas, PTI President Emeritus and a well known national
leader in technology deployment and WiFi application shaping. Resources necessary to provide the
support at the contemplated level are totaling $80,000 for the first 4 moths (March I through June
30, 2005) and are broken down by time in the following manner
Tasks Days Cost
1. Support WiFi deployment 14 $ 27,300
2. Corporate Coordination 13 $ 25,350
3. Application project management 11 $ 21,450
4. Provide support as needed 3 $ 5,850
Total 41 $ 79,950
This proposal is valid mltil 30 days from the date appearing on the cover, at which time a revised
proposal may be required.
Public T~chnology, lnc.
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE
CITY OF CORPUS CHRISTI AND PUBLIC TECHNOLOGY, INC_
The City of Corpus Chdsti, Texas, P. O. Box 9277, Corpus Christi, Texas 78469-9277, (the
'City"), and Public Technology, Inc. (the 'Consultant"), agree to the amendment of the contract
approved October 28, 2003 (M2003-392) (lhe "Contract" or the "Agreement"), as follows:
1. Scope of Services. Section II of the Contract, Scope of Services, is amended by adding the
following additiona~ services to be provided:
'Consultant shall also perform all services described in the Consultant's Management and
Technical Services Proposal Amendment for Automated Meter Reading (AMR) Pilot
Implementation dated February 28, 2005 which is incorporated by reference and made part
of this agreement for all purposes."
2. Fees for Services. Section III of the Contract, Fee for Services, is amended to increase total
cost for all services provided by Consultant under the Contract as amended by $90,452 for
services described in Section 1 above.
3. This amendment takes effect upon date of execution by the City Manager or designee. All
other terms and conditions of the Contract not changed in this Amendment remain in erfect.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Seretary
George K. Noe
City Manager
Date:
Approved as to form:
Lisa ~guila_r ~~
Assistant ¢ity-'~ttoreey
For City Attorney
,2005
PU.L,C
Name: ~ ~4.~ ,~. . ~'~,.~.L-'
Title: ~]( ¢c ~;~ ~,~;,~
Date: ~-o~
Management and Technical Services
Proposal Amendment
For
The City of Corpus Christi
Automated Meter Reading (AMR)
Pilot Implementation
PRESENTED BY
Public Technology, Inc.
Version 4
February 28, 2005
City of Corpus Christi -AMR Pilot Implementation
Table of Contents
1.0 INTRODUCTION ....................................................................................................... 3
1.1 Purpose 3
2,0 EXECUTIVE SUMMARY .......................................................................................... 4
3,0 ESSENTIAL NON-BUDGETED AMR PILOT WORK EFFORTS (SUMMARY) ....... 5
4.0 PROJECT REQUIREMENTS ................................................................................... 6
APPENDIX - EXPENDED HOURS BY RESOURCE ..................................................... 7
Public Teclmology, Inc. Proposal 2
City of Corvus Christi -AMR Pilot Implementation
1.0 Introduction
'1.1 Purpose
This AMR proposal amendment is being submitted to replenish AMR project funds that were
allocated to essential project activities beyond the scope of the originally proposed PTI work efforts.
These efforts were critical to the continued success of the AMR pilot deployment.
This proposal amendment will facilitate the continued Project Management Services of Public
Technology, Inc. (PTI) and RAM Technologies, Inc. (RAM) associated with the City of Corpus
Christi's pilot deployment of Automated Meter Reading (AMR).
When this project was undertaken, it was assumed the meter inventory and meter locations were
sufficient to support the AMR pilot. The City inventory included the necessary information to
support water operations, meter reading and financial records. It was determined the pilot would
proceed using the existing inventory with the expectation that the cost of an additional inventory
could be avoided. However, the AMR pilot also required a meter site survey and physical inventory
of meters and meter locations. This information was not contained in sufficient detail in the City's
meter inventory to support the AMR pilot. It was known that an additional cost would be incurred
if the existing City inventory was inadequate to support the pilot.
PTI and RAM consulting team resources were allocated to these tasks, resulting in: 1) the
significant expenditure of project resources on non-budgeted project tasks; and 2) the extension of
the AMR pilot completion date.
The completion of these tasks as 'in-stream' project work efforts consumed significant project
resources, but were essential to insure that the appropriate meters, potting requirements, MTUs and
other infrastructure concerns were defined to properly accommodate the AMR pilot (without the
benefit of a full scale survey and inventory prior to the pilot) and accurately assess and project
costs.
PTI and RAM appreciate the opportunity to provide you with this proposal, and look fo~vard to a
continued working relationship w/th the City of Corpus Christi on this important project.
If further clarification of the information contained in this document is needed, please do not
hesitate to contact us.
Public Technology, Inc. Proposal 3
City of Corpus Christi -AMR Pilot Implementation
2.0 Executive Summary
PTI and RAM have completed the first phase of this initiative and are currently engaged in the
management and deployment of the AMR pilot solution on behalf of the City of Corpus Christi.
The initial proposal for the Pilot implementation anticipated a pilot completion date of February 28,
2005. This date was derived based on assumptions that the existing City inventory would support
the AMR Pilot project. As the project progressed it was evident that additional work efforts were
required to: 1) expand the City's current meter and site inventory; 2) validate vendor equipment
recommendations; 3) quantify required City Water and Gas infrastructure tasks; and 4) refine
financial projections for the AMR pilot as more accurate information became available.
As a result of these additional work efforts the projected completion date of the pilot has moved
from February 28, 2005 to June 30, 2005. The table on the following page outlines the PTI / RAM
work efforts that were undertaken and completed in order to continue to move the AMR pilot
project forward.
As a result of these efforts, the City's pilot meter inventory has been updated and verified, vendor
equipment requirements have been refined, utility infrastructure requirements have been
documented, AMR field deployment schedules have been honed, and financial projections for the
AMR pilot have been revised.
This proposal extension is required to offset the time and costs expended on these essential efforts
required to complete the AMR pilot.
Public Technology, Inc. Proposal 4
d
City of Corpus Christi -AMR Pilot Implementation
4.0 Project Requirements
The work efforts and associated costs defined in the chart in Section 3.0 represent project activities
beyond the scope of work included in the initial PTI proposal. The hours and resources associated
with these additional work efforts are detailed in the Appendix of this document.
It is critical that these funds be replenished in order to facilitate the continued Project Management
Services of Public Technology, Inc. (PTI) and RAM Technologies, Inc. (RAM) associated with the
City of Corpus Christi's pilot deployment of Automated Meter Reading (AMR).
This proposal is valid until 30 days from the date appearing on the cover, at which time a revised
proposal may be required.
Public Technology, Inc. Proposal 6
o
.fi
<
0 o..=
~g
"El
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2005
AGENDA ITEM: Ordinance authorizing the resale of twenty-six (26) properties for
$198,797.17 which were foreclosed upon for failure to pay ad valorem taxes, of which the
City shall receive $31,492.59, plus $36,544.58 for partial payment of City paving and
demolition liens; and declaring an emergency.
ISSUE: Properties located in the City of Corpus Christi are pededically foreclosed by
Nueces County to collect delinquent taxes. Sec'don 34.05 of the Property Tax Code
requires that the governing body of the respective taxing entities approve the resale of
these properties. Approval of this Ordinance will authorize the Nueces County Judge to
execute a resale deed for the properties.
REQUIRED COUNCIL ACTION: Approval of proposed Ordinance authorizing the resale
of the listed properties.
CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve
the proposed Ordinance in order to place the properties back on the tax roll.
Cindy O'Bd~
Director of Financial Services
Attachments: Background Information
Exhlb-lt A
BACKGROUND INFORMATION
Properties within the City of Corpus Chdsti are periodically foreclosed due to nonpayment
of ad valorem taxes. The law firm of Linebarger, Heard, Goggan, Blair, Graham, Pena &
Sampson, L.L.P. is proposing the resale of the twenty-six (26) properties at the bid prices
listed in Exhibit A. The monies received from this sale will be distributed pursuant to the
property tax code. The net proceeds from the sale are first applied to pay off the
outstanding court costs and the remaining funds are applied on a pro rata basis to each
taxing jurisdiction. The City of Corpus Chdsti is expected to receive a total of $31,492.59
from the sale, plus $36,544.58 for partial payment of City paving and demolition liens.
Each of these 26 properties has been reviewed by Neighborhood Services for potential use
of the City's In-Fill neighborhood revitalization program, but none were selected.
Therefore, all 26 properties will remain on the list for resale.
Approval of the resolution will authorize the Nueces County Judge to execute a Resale
Deed for the properties listed and the properties, if sold, will be returned to the property tax
roll for the upcoming year.
ORDINANCE
AUTHORIZING THE RESALE OF TWENTY-SIX (26) PROPERTIES FOR
$198,797.17 WHICH WERE FORECLOSED UPON FOR FAILURE TO
PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE
$31,492.59 PLUS $36,544.58 FOR PARTIAL PAYMENT OF CITY
PAVING AND DEMOLITION LIENS; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The governing body of the City of Corpus Christi authorizes the resale of
twenty-six (28) properties listed on the attached and incorporated Exhibit A, which were
foreclosed upon for failure to pay ad valorem taxes, for $198,797.17, of which the City
shall receive $31,492.59, plus $36,544.58 for partial payment of City paving and
demolition liens.
SECTION 2. That the Nueces County Judge is authorized to execute a resale deed
upon payment to the City of the City's share of the tax resale proceeds.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This ~"'~-'
By:
Samuel L. Neal, Jr.
Mayor
__ day of ¥',~;',~,~'-, 2005:
Lisa Aguila~'l~-
Assistant C'l~y Attorney
for City Attorney
0000 0
0~00000
00000000 ~
00000000 O~
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
92-2888-B; Nueces County vs. James M. Jackson
270200040125;0120; Lot 12, Block 4, Gardendale
Addition
5126-5130 Cain Dr. -Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
May 7, 1996
99,049.55
17,500.00
1,441.13
42,653.00
17.67%
41.03%
Entity Name
Nueces County
Amount Due
Each Entity
13,345.73
Amount You
Will Receive
2,163.74
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
De~ Mar Co~ege
City Paving & Demo Liens
2,942.67
15,442.85
24,076.12
3,683.87
39,558.31
477.09
2,503.74
3,903.45
597.26
6,413.58
A VACANT RESIDENTIAL LOT, 732'X 300', NEAR THE INTERSECTION OF
EVERHART RD. @ HOLLY RD.
THE CITY DEMOLISHED SEVERAL SUB-STANDARD STRUCTURES ON THIS
PROPERTY IN 1991.
THE PROSPECTIVE PURCHASER IS COLLECTIBLES ETC, INC. OF CORPUS
CHRISTI
277
: N£L$ON
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID~ & Legal:
91-0644-F; Nueces County vs. Richard A. Benavides
0882-0003-0250; Lot 25, Block 3, Botsford Place Unit
Property Location:
4905 Dodd St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
September 5, 1995
34,995_76
4,000.00
255.00
8,658.00
11.43%
46.20%
Entity Name
Nueces County
Amount Due
Each Entity
5,740.25
Amount You
VV',II Receive
614.28
Nueces County Education District
City of Corpus Christi
Corpus Chdsti Independent School District
Del Mar College
City Paving & Demo Liens
1,993.08 213.29
8,094.53 866.22
14,015.05 1,499.79
2,368.84 253.50
2,784.01 297.93
A VACANT RESIDENTIAL LOT, 65'X 122', LOCATED OFF MCARDLE RD. NEAR
A YERS S T,
A SUB-STANDARD HOUSE WAS DEMOLISHED QN THIS PROPERTY IN 2003.
THE PROSPECTIVE PURCHASER IS XA VIER PEREZ OF CORPUS CHRISTI
385
ST.
~_~ : : .~,: : ~ ·
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
88-2361-F; Nueces County vs. Miguel Linan, Jr.
370000060150; Lot 15, Block 6, Inwood Village #1
Addition
4610 Bluebelle -Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount o[ Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
October 5, 1999
42,607.28
19,400.00
804.50
37,627.00
45.53%
51.56%
Entity Name
Nueces County
Nueces County Education District
City of Corpus Christi
Corpus Chdsti Independent School District
Del Mar College
Amount Due
Each Entity
8,359.12
Amount You
Will Receive
3,648.25
1,687.50 736.49
11,569.61 5,049.43
18,177.79 7,933.51
2,813.26 1,227.82
A 913 SQ. FT WOOD FRAME HOUSE W~ VINYL SIDING AND DETACHED GARAGE,
BOTH IN FAIR CONDITION, ON A 59' X '107' LOT NEAR MOODY HIGH SCHOOL.
THE PROSPECTIVE PURCHASER IS COLLECTIBLES ETC, INC. OF CORPUS
CHRISTI
527
~'i"~
-::2
~m
C
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
94-0590-F; Nueces County vs. Ofielia Yvette Reyna-Dallas
407200100480; Lot 48, Block 10, La Pascua Unit 2
4637 Yolanda St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount o1: Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
September 7, 1999
15,629.49
7,000.00
1,036.50
21,22000
44.79%
32.99%
Entity Name
Nueces County
Amount Due
Each Entity
3,820.42
Amount You
Will Receive
1,457.70
Nueces County Education District
City of Corpus Christi
West Oso Independent School Dis~ct
Del Mar College
City Paving & Demo Liens
3,152.14 1,202.71
6,938.93 2,647.58
992.24 378.59
725 76 276.92
700 SQ. FT. WOOD FRAME HOUSE IN FAIR TO POOR CONDITION, ON A 50' X
15' LOT IN THE MOLINA NEIGHBORHOOD.
THE PROSPECTIVE PURCHASER IS MARLO ORTIZ, SR. OF CORPUS CHRISTI
529
ELVIRA
RAMONA
VALD EZ
YOLANDA
DR.
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPER'rY
Suit Number & Style:
Tax ID~ & Legal:
93-6024-G; Nueces County vs. Aurora Pena Trevino
880200070140; Lot 14, Block 7, Tracy Addition
Property Location:
2606 Elizabeth St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
June 5, 2001
17,705.46
13,000:00
913.13
29,063.00
73.42%
44.73%
Entity Name
Nueces County
Amount Due
Each Entity
3,399.76
Amount You
Will Receive
2,320.89
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
475.39 324.53
3,792.41 2,588.94
7,024.39 4,795.29
1,224.60 835.99
1,788.91 1,221.22
A 1,100 SQ. FT. WOOD FRAME HOUSE IN GENERALLY POOR CONDITION
THROUGHOUT, ON A 50'X 140' LOT, LOCATED BETWEEN BALDWIN BLVD. &
THE PROSPECTIVE PURCHASER IS CASAS DEL SUR OF PORTLAND
749
.
I [
$17
AVE
Suit Number & Style:
Tax ID# & Legal:
Property Location:
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
98-04893-F; Nueces County vs. Madeline B. Moore
299600020290; Lot 29, Block 2, Greenwood Park Unit 1
1637 Hickory - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
February 5, 2002
38,947.67
11,000.00
1,463.40
15,993.00
28.24%
68.78%
Entity Name
Nueces County
Amount Due
Each Entity
6,665.08
Amount You
Will Receive
1,631.99
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
1,463.82
8,799.27
16,383.04
2,457.75
3,178.71
35843
2,154.56
4,011.50
601.80
778.33
VACANT HOUSE IN VERY POOR CONDITION, ON A 50' X 100' LOT, NEAR
GREENWOOD DR @ TROJAN DR.
THE PROSPECTIVE PURCHASER IS SANTOS I SALAZAR OF CORPUS CHRISTI
813
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
99-4359-H; Nueces County vs. Severiano O. Torres
403200080240; Lot 24, Block 8, La Arboleda Addition
Property Location:
2509 Nimitz - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
March 5, 2002
11,487.35
2,000.00
1,043.59
5,174.00
17.41%
38.65%
Entity Name
Nueces County
Amount Due
Each Entity
258.74
Amount You
VVill Receive
21.54
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
297.12 24.74
748.22 62.30
93.28 7.77
10,089.99 840.07
A VACANT RESIDENTIAL LOT, 42'X 94'~ NEAR THE INTERSECTION OF SO. PORT
AVE. @ MACARTHUR.
THE PROSPECTIVE PURCHASER IS LUCY MORENO OF ODEM
814
ARTHUR
CLEO
LAMAR
ST.
ST.
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
98-5424-H; Nueces County vs Brenda Joyce Gamer
198900080030; Lot 3, Block 8,Cuiper Addition
4310 Spring St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
June 4, 2002
25,313.53
10,000.00
1,575.25
33,705.00
39.50%
29.67%
Entity Name
Nueces County
Amount Due
Each Entity
4,850.16
Amount You
Will Receive
1,614.21
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
5,449.42 1,813.65
12,380.48 4,120.42
1,840.45 612.53
793.02 263 93
A 1.000 SQ. FT. WOOD FRAME HOUSE IN FAIR TO POOR CONDITION, ON A 60' X
112' LOT CLOSE TO FANNIN ELEMENTARY SCHOOL.
THE PROSPECTIVE PURCHASER IS DEAN LEBER OF ROBSTOWN
879
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID~ & Legal:
Property Location:
93-2539-F; Nueces County vs. Ramon Gonzales, et al
406200010170;0180;0190;0200; Lots 17, 18, 19 & 20,
Block 1, La Paloma Addition
1100 block of Verbena St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
August 6, 2002
39,133.10
1,500.00
1,215.13
7,323.00
3.83%
20.48%
Entity Name
Nueces County
Amount Due
Each Entity
3,888.63
Amount You
W',II Receive
28.31
Nueces County Education District
City of Corpus Christi
Corpus Chdsti Independent School District
Del Mar College
City Paving & Demo Liens
1,075.78
4,152.49
7,376.55
1,238.56
21,401.09
7.83
30.23
53.70
9.02
155.79
FOUR ADJOINING VACANT LOTS, lO0'X 95' TOTAL AREA, ON VERBENA ST.
NEAR MORGAN @ PORT AVE.
THE PROSPECTIVE PURCHASER IS IRIS S. HERNANDEZ OF CORPUS CHRISTI
919-922
SABINAS ST. DUNCAN ST.
VER B'EN A ST. ~[ -- '~
ELGIN ST, ~" ~°1 "
' ~ ~-' : I _._':-
HIBISCUS ST.
- . _. -- ,-L ~ _ , ~i ~. ,~ -
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID~ & Legal:
00-2367-F; Nueces County vs. Eliseo Gar-za
763400010090; Lot 9, Block 1, San Pedro Addition
Property Location:
806 Duncan St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
August 6, 2002
6,398.52
6,600.00
904.50
9,901.00
103.15%
66.66%
Entity Name
Nueces County
Amount Due
Each Entity
1,263.16
Amount You
Will Receive
1,124.37
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School Distnct
Del Mar College
City Paving & Demo Liens
513.49 457.07
1,363.35 1,213.56
2,593.20 2,308.28
419.94 373.80
245.38 218.42
A SMALL WOOD FRAME HOUSE IN FAIR TO POOR CONDITION, ON A 25'X 100'
LOT NEAR PORTAVE. ~ AGNES ST.
THE PROSPECTIVE PURCHASER IS SONIA C. RODRIGUEZ OF CORPUS CHRISTI
923
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax iD# & Legal:
Property Location:
99-6222-G; Nuecee County vs. AJAX Supply Inc.
2127-0010-0040; Lot 4, Block J, Don Patricio
Subdivision
1914 Sandy Way - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
September 9, 2002
1,023.36
2,500.00
592.00
7,575.00
244.29%
33.00%
Entity Name
Nueces County
Amount Due
Each Entity
162.04
Amount You
Will Receive
302.11
Nueces County Education District
City of Corpus Chdsti
Flour Bluff Independent School District
Del Mar College
City Paving & Demo Liens
165.18 307.97
393.91 734.42
56.85 105.99
245.38 457.50
A VACANT LOT, 50' X 145', LOCA TED ON SANDY WA Y, JUST OFF DON PA TRICIO
RD.
THE PROSPECTIVE PURCHASER IS ROBERT J. THORNTON OF CORPUS
CHRISTI
927
FLOU~ E5 L UF/:
SUNNYCAEST
0
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
99-6222-G; Nueces County vs. AJAX Supply Inc.
2127-0010-0050; Lot 5, Block J, Don Patriclo
Subdivision
1918 Sandy Way - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
September 9, 2002
3,298.88
2,500.00
592.00
7,575.00
75.78%
33.00%
Entity Name
Nueces County
Amount Due
Each Entity
162.04
Amount You
Will Receive
93.72
Nueces County Education District
City of Corpus Chdsti
Flour Bluff Independent School District
Del Mar College
City Paving & Demo Liens
165.18 95.54
393.91 227.83
56.85 32.88
2,520.90 1,458.03
A VACANTLOT, 50'X 145', LOCATED ON SANDY WAY, JUST OFF DON PATRICIO
RD.
THE PROSPECTIVE PURCHASER IS ROBERT J. THORNTON OF CORPUS
CHRISTI
928
~ QRESTt-1 oMm
~ ~=,~,~) 5UNNYC~EST
AM £
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
99-6222-G; Nueces County vs. AJAX Supply Inc.
2127-0010-0060; Lot 6, Block J, Don Patricio
Subdivision
1922 Sandy Way - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
September 9, 2002
3,298.88
2,500.00
592.00
7,575.00
75.78%
33.00%
Entity Name
Nueces County
Amount Due
Each Entity
162.04
Amount You
Will Receive
93.72
Nueces County Education District
City of Corpus Christi
Flour Bluff Independent School District
Del Mar College
City Paving & Demo Liens
165.18 95.54
393.91 227.83
56.85 32.88
2,520.90 1,458.03
A VACANTLOT, 50'X 145', LOCATED ON SANDY WAY, JUST OFF DON PATRICIO
RD.
THE PROSPECTIVE PURCHASER IS ROBERT J. THORNTON OF CORPUS
CHRISTI
929
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Locafion:
00-2347-D; Nueces County, et al vs. Jose Moyar
2t27-0010-0120; Lot 12, Block J, Don Patricio
Subdivision
1946 Sandy Way - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
September 9, 2002
14,988.06
2,500.00
1,216.50
7,575.00
16.68%
33.00%
Entity Name
Nueces County
Amount Due
Each Entity
1,239.75
Amount You
Will Receive
106.17
Nueces County Education District
City of Corpus Christi
Del Mar College
Flour Bluff Independent School Distdct
City Paving 8, Demo Liens
420.07 35.97
1,262.24 108.09
398 62 34.14
2,493.15 213.50
9,174.23 785.63
A VACANT LOT, 50'X '145', LOCATED ON SANDY WAY, JUST OFF DON PATRICIO
RD.
THE PROSPECTIVE PURCHASER IS ROBERT J. THORNTON OF CORPUS
CHRISTI
93O
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
00-1027-F; Nueces County, et al vs. Clara Lara, et al
242000010390; Lot 39, Block A, Ferrell Addition
2426 Viola Ave. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
December 3, 2002
12,760.99
13,000.00
1,147.50
13,688.00
101.87%
94.97%
Entity Name
Nueces County
Amount Due
Each Entity
1,686.28
Amount You
W',II Receive
1,566,23
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
1,758.98 1,633.75
4,248.44 3,945.98
592.44 550.26
4,474.85 4,156.27
A WOOD FRAME HOUSE, APPROXIMATELY 800 SQ. FT., IN POOR CONDITION,
ON A 60'X180' LOT NEAR THE AYERS/GOLLIHAR INTERSECTION.
THE PROSPECTIVE PURCHASER IS MARLO SALAZAR, JR. OF PORTLAND
982
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPER'I-Y
Suit Number & Style:
Tax ID~ & Legal:
95-3919-G; Nueces County vs. T. R. Coggins
2495-O003-0t00; Lot 10, Block 3, Flour Bluff Gardens
Property Location:
621 June SL - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
March 4, 2003
4,491.75
3,000.00
355.00
5,525.00
66.79%
54.30%
Entity Name
Nueces County
Nueces County Education District
C~ of Corpus Christi
Flour Bluff Independent School District
Del Mar College
Amount Due
Each Entity
710.10
1,955.36
1,385.29
441.00
Amount You
Will Receive
418.15
1,151.43
815.74
259.69
A VACANT LOT, 50'X 130', LOCA TED ON JUNE ST. JUST OFF OF WALDRON
ROAD.
THIS LOT IS ADJACENT TO THE BIDDER'S PROPERTY A T 617 JUNE ST.
THE PROSPECTIVE PURCHASER IS MIKE AND RHONDA LEHNERT OF CORPUS
CHRISTI
1036
WALORON
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
88-3237-E; City of Corpus Christi, et al vs. Fernando P.
Reyes
359300030080; The North 112 of Lot 8, Block 3, Hudson
Acres Addition
1308 Main Dr. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
May 6, 2003
11,489.78
1,237.15
1,237.15
4,141.00
10.77%
29.88%
Entity Name
Nueces County
Amount Due
Each Entity
1,083.16
Amount You
Will Receive
Nueces County Education District
City of Corpus Christi
Tuloso Midway Independent School District
Del Mar College
City Paving & Demo Liens
171.17
1,368.27
2,375.93
280.03
6,211.22
VACANT LOT, 27'1/"2'X '185', ON MAIN DR., NEAR LEOPARD ST. @ SUNTIDE RD.
THE PROSPECTIVE PURCHASER IS GILBERTO R. ARANDA, JR OF CORPUS
CHRIS TI
1084
0
i
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID~ & Legal:
Property Locafion:
97-2437-H; Nueces County vs. Daniel Rios, Sr.
500000070120; The West 2 ft. of Lot 11, all o1' Lot 12 &
the East 12 ff. of Lot 13, Block 7, Meadow Park
3809 Agnes - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
October 7, 2003
20,063.76
2,900.00
2,299.50
13,600.00
14.45%
21.32%
Entity Name
Nueces County
Amount Due
Each Entity
4,024.76
Amount You
VVill Receive
120.46
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
4,179.74 125.10
10,055.83 300.97
1,394.26 41.73
409.17 12.25
AN ABANDONED LUMBER YARD, THE BUILDING IS TOTALLY SUB-STANDARD
AND SHOULD BE DEMOLISHED, ON A 70'X120' LOT, ZONED I-2.
THE BUSINESS OWNER ON THE ADJOINING PROPERTY WISHES TO BUY THIS
PARCEL.
THE PROSPECTIVE PURCHASER IS LOS POLLITOS, INC. OF CORPUS CHRISTI
1116
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
86-4740-F; City of Corpus Christi vs. Pearlle D. Payne
925300030100; Lot 10, Block 3, Washington Addition
Property Location:
4737 Angela St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
November 4, 2003
18,551.03
6,000.00
585.02
6,901.00
32.34%
86.94%
Entity Name
Nueces County
Amount Due
Each Entity
1,744.50
Amount You
Will Receive
509.21
Nueces County Education District
Cit~ of Corpus Christi
West Oso Independent School District
Del Mar College
City Paving & Demo Liens
356.49 104.06
2,704.18 789.34
4,185.14 1,221.63
580.50 169.45
8,980.22 2,621.29
VACANT LOT 60' X 150', ON ANGELA ST. BETWEEN LINDA VISTA AND IA/EST
POINT.
THE PROSPECTIVE PURCHASER IS ILEAN SIMMONS OF CORPUS CHRISTI
1120
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
02-4690-B; Nueces County, et al vs. John M. Hansard
2487-0008-O171; Lot 17B, Block 8, Flour Bluff Estates
No. 2
410 Claride -Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
November 21, 2003
6,608.09
4,500.00
1,046.50
5,882.00
68.10%
76.50%
Entity Name
Nueces County
Nueces County Education District
City of Corpus Christi
Flour Bluff Independent School District
Del Mar College
City Paving & Demo Liens
Amount Due
Each Entity
617.42
Amount You
Will Receive
322.67
624.83 326.55
1,472.36 769.48
212.86 111.24
3,680.62 1,923.55
A VACANT LOT, 50'X 166', NEAR THE INTERSECTION OF CLARIDE AND JANE
ST.
THIS LOT IS ADJACENT TO THE BIDDER'S PROPERTY A T 402 CLARIDE.
THE PROSPECTIVE PURCHASER IS HILDA WILKINSON OF CORPUS CHRISTI
1125
DR.
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID~ & Legal:
Property Location:
00-2360-A; Nueces County vs. Husan Henry Achmetov
2487-0004-0220; Lot 22, Block 4, Flour Bluff Estates
No. 2
738 Claride - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of CurTent Value:
November 21,2003
9,881.20
6,000.00
1,246.50
8,823.00
60.72%
68.00%
Entity Name
Nueces County
Amount Due
Each Entity
2,077.47
Amount You
Will Receive
999.40
Nueces County Education District
City of Corpus Christi
Flour Bluff Independent School District
Del Mar College
2,108.13
4,973.87
721.73
1,014.15
2,392.76
347.20
A VACANT LOT, 50'X 165', LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF CLARIDE AND MILITARY DR.
THE PROSPECTIVE PURCHASER IS ALLEN HOCKLEY OF CORPUS CHRISTI
1126
Iq. AS DR.
Suit Number & Style:
Tax ID8 & Legal:
Property Locafion:
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
00-1024-D; Nueces County vs. Elva C. Salazar
801300010020; Lot 2, Block 1, Shoreline Park
2411 John St. - Corpus Christi
Date of Sale:
Amount Due All Enti[ies:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
January 6, 2004
9,891.93
8,000.00
1,289.50
19,939.00
80.87%
40.12%
Entity Name
Nueces County
Nueces County Education Distdct
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
Amount Due
Each Entity
1,813.24
Amount You
Will Receive
1,230.07
364.88 247.53
1,901.05 1,289.64
4,198.21 2,847.99
619.05 419.95
995.50 675.33
AN 800 SQ. FT. WOOD FRAME HOUSE IN FAIR TO POOR CONDITION ON A 50' X
'/25' LOT ON THE NORTH SIDE, NEAR PORT AVE. @ IA/BROADWAY.
THE PROSPECTIVE PURCHASER IS RAUL P GARCIA OF CORPUS CHRISTI
1139
~L
BROADYfA~'
ST.
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location;
02-3251-B; Nueces County vs Ramona Guajardo
925300020170; Lot 17, Block 2, Washington Addition
1001 West Point Road - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
August 3, 2004
12,572.39
13,000.00
2,326.74
37,140.00
103.40%
35.O0%
Entity Name
Nueces County
Amount Due
Each Entity
2,396.25
Amount You
Will Receive
2,034.28
Nueces County Education District
City of Corpus Christi
West Oso Independent School District
Del Mar College
City Paving & Demo Liens
2,510.24 2,131.05
6,216.02 5,277.06
877.46 744.91
572.42 485.95
VACANT HOUSE IN FAIR CONDITION ON 55'X 180' LOT IN THE WEST OSO AREA
THE PROSPECTIVE PURCHASER IS MARLO SALAZAR, JR. OF PORTLAND
1193
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
02-6082-B; Nueces County vs. Guy Lewis
841400060060; Lot 6, Block 6, Steele and Lauglin
Addition
t719 Mary St. -Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
August 3, 2004
24,012.56
2,300.00
1,304.50
5,544.00
9.58%
41.49%
Entity Name
Nueces County
Amount Due
Each Entity
1,102.22
Amount You
Will Receive
45.70
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
1,162.73 48.20
2,859~71 118.56
406.50 16.85
18,481.40 766.19
A VACANT RESIDENTIAL LOT, 50'X 131', LOCATED NEAR THE INTERSECTION
OF AGNES ST. & THE CROSS'i'OWN EXPRESSWAY.
THE CITY OF CORPUS CHRISTI DEMOLISHED A HOUSE ON THIS PROPERTY IN
2002.
THE PROSPECTIVE PURCHASER IS EDILBERTO C. SANCHEZ OF CORPUS
CHRIS TI
1196
STREET
S'P~ E E 7
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPER'rY
Suit Number & Style:
Tax ID# & Legal:
99-6942-F; Nueces County vs. Josephine Es@inosa
807700010070; Lot 7, Block A, P.R. Smith Subdivision
Property Location:
721 Osage - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
November 2, 2004
17,302.92
18,000.00
1,988.63
38,850.00
104.03%
46.33%
Entity Name
Nueces County
Amount Due
Each Entity
2,746.82
Amount You
Will Receive
2,541.79
Nueces County Education District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
4,021.61 3,721.42
8,541.14 7,903.60
1,119.48 1,035.92
873.87 808.64
A 1~ Q40 SQ. FT. WOOD FRAME HOUSE IN FAIR CONDITION, ON A 50' X 149' LOT,
NEAR LOZANO ELEMENTARY SCHOOL.
THE PROSPECTIVE PURCHASER IS MARLO SALAZAIR, JR. OF PORTLAND
1200
AVE.
12o0
ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Locaflon:
02-1104-H; Nueces County, et al vs. Mary G. Guerra, et a
0540-0010-0045; North 26.1 feet of Lot 4 & South .9
feet of Lot 6, Block 10, Beach Portion, Corpus Christi
617 N. Chaparral - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Bid:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
August 3, 2004
44,297.15
18,860.02
1,759.37
28,581.00
42.58%
65.99%
Entity Name
Nueces County
Downtown Management District
City of Corpus Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
Amount Due
Each Entity
2,990.61
2,337.09
31126.70
7,646.61
1,075.57
27,120.57
Amount You
Will Receive
1,154.51
902.22
1,207.04
2,951.93
415.22
10,469.73
A VACANTLOT, 27'X '150', IN DOWNTOWN CORPUS CHRISTI.
THE CITY DEMOLISHED AN ABANDONED COMMERCIAL BUILDING ON THIS
PROPERTY SEVERAL YEARS AGO.
THE PROSPECTIVE PURCHASER IS DANE WARREN OF ROBSTOWN
1206
2.0/,'
18
CI'I'Y COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 22, 2005
AGENDA ITEM: Waiving the 60-day waiting period and publication of lagai notice;
renaming the park at 14125 Jackfish Ave. from Seagull Park to UIIberg Park; and providing
for severance.
ISSUE: The City has established a formal policy for naming parks and recreation facilities.
The City has received a renaming request from the Park and Recreation Advisory
Committee for Seagull Park located at 14125 Jackfish Ave.
BOARD/COMMI'rI'EE REVIEW: The Park and Recreation Advisory Committee voted
unanimously at their February 9, 2005 special called meeting to recommend that the City
Council consider waiving the 60-day waiting period and the newspaper publication for this
renaming request related to Seagull Park. The Committee is also asking the City Council
to approve the requested renaming of the park as UIIberg Park.
REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City
facilities, perks, and recreation facilities and that process is finalized by the adoption of an
ordinance.
CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of
Seagull Park as UIIberg Park be approved and the waivers granted as requested.
Sally Ga~lk, Director ~
Parks al~ Recreation Department
Attachments:
Map
Copy - Request for Nan~ng of Pad(e and Facillflea
Letter front Kent IJIIborg
Copy - Council Policy Information
BACKGROUND INFORMATION
Seagull Park is located in the first section of Padre Island just dow~ from the Whataburger
on Jackfish Avenue. City Council authorized the City Manager or his desig .r~cc to execute
the documents to accept the 'Journey's End' sculpture from Kent UIIberg at their November
9, 2004 meeting. A park improvement plan was presented at the same meeting which
included a walking trail, trees, benches, and landscaping. Beautify Corpus Christi
Association will manage the funds for the Seagull Park improvement plan.
VVhile Kent UIIberg generously provided the bronze sculpture of Kemp Ridley sea tu~'tles 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
In January 2005, City Council approved the gifting of $2,500 toward the UIIberg sculpture
upon the Arts and Cultural Commission's recommendation.
A similar ordinance and waiver was approved by the City Council, requested by the Park
and Recreation Advisory Committee, in February 2002 in the renaming of Gypsy Park as
Don and Sandy Billish Park. SimilaHy, in December of 2003, Meadowbrook Park was
renamed Dan VVhitworth Perk.
Kent UIIberg has authodzeq the City of Corpus Christi to use his name to rename Seagull
Park.
ATTACHMENT
SEAGULl.
PARK
01
REQUEST FOR THE NAMING
OF PARKS AND FA~
Location Ix0 -
Suggested Name
PARK AND RECREATION DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Type of area or facility (park, building, pool, eta) ~'-to q
Please describe why you feel this name tO be appropriate:
Name and address of person making request'
Do you represent a.n organiTation with respect to this request?
ff~yes",whlchorgani,ation'~2-- ~o3~--/) ?5 K,[a
Date of this request
Requeat: Approved
Date of Commilte~ ~
Dat~ of Coundl Aefloa
Legal ~ - N~r
FOR OFFICE USE ONLY:
Tabled
Notic~ to Al~analnq-ato Couneilmemb~
KENT ULLBERG
Occobe~ 13, 200~
Mr. Carl Sudln§
c/o P.I.C.C.
14353 Coca.odors Drive
Carpu~ ChrieCi. ~X 78&18
FAX: 36L/949-8059
I hereby authorize the City o£ Corpus Christi the use of ~ name
co rename Seagull Park, sLtUaced on Jackfish Street oa Padre Island,
to "Ullberg Park" should you ao decide.
CITY OF CORPUS CHRISTI
PARK AND RECREATION DEPARTMENT
PARK AND RECREATION DEPARTMENT
POLICY/PROCEDURE NUlvlBER Rec-95 - 12
-)
_)
Criteria for Naming P~rk and Recreation Facilities
APPLICABLE TO: All Park and Recreation Facilities administered by the City of
Corpus Christi
EFFECTIVE DATE:
I. PURPOSE
To establish the format and criteria for naming facilities which are under the
jurisdiction of the Park and Recreation Department and are consistent with City
Resolutions 18545 and 19938.
II. SCOPE
This policy applies to facilities situated on City owned or administered property_
It is understood that due to the diversity of City operations, varying factors may
apply to specific facilities. Based on this, the following CLASSIFICATIONS
section provides a breakdown by CLASS of the variables to be considered in
naming facilities.
m. CLASSIFICATION
CLASS A:
Facilities built and operated by the City.
CLASS B:
Facilities built and operated by independent organizatiotm.
Naming of facilities in this category will be submitted by
the current year Organization President with approval by
the Board of Director~ of the respective organization.
CLASS C:
Facilities built and operated by independent organizations
on City owned or administered properties. The oaming is
the sole responsibility of the organization_
IV. NAMING PROCEDURE
Where the naming of a Class A or B park or park facility is proposed, the
following steps shall be taken; as per city Resolution and deparlmental policy
Persons, groups, or organizations proposing naming of Park and
Recreation facilities shall fill out a Naming Facilities Form and submit
the request to the staff of the Park and Recreation Depar~ent for
review and consultation with the requesting entity.
Naming request shah be submitted to the Park and Recreation
Committee. No action may be taken by the Co~xn~ff~e~o}a m~um
of 60 days after receipt of the proposal.
During the 60-day waiting period, legal notice shall be published twice
in a newspaper of general circulation giving notice of the proposed
naming. In addition, a sign noting that a name change request is being
considered along with the Park and Recreation Department telephone
number will be posted at the park. Written comments or historical
data are to be submitted to the Park and Recreation Committee and
interested individuals are invited to come before the Committee to
address the issue.
4. At the first meeting after the 60-day waiting period, the Park and
Recreation Committee will take one of the following actions:
a. Approve the request;
b. Reject the request; or
c. Table the request for future action or additional information.
In the event the request is rejected by the Committee, the
requesting entity may appeal the rejection to the City Council.
5. The Council shall consider the request and either approve or reject the
request. The Council, at its option, can waive all provisions heroin
provided in commemorating or memorializing an individual or act
Costs associated with naming ceremonies and the provision of marker,
plaques, or memorials shall be Dome by the entity proposing the name.
Dan Whitworth, Director
Park and Recreation Department
ADOPTED: December 6, 1995
REVISED: September 11, 2002
AN ORDINANCE
WAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF
LEGAL NOTICE; RENAMING THE PARK AT 14125 JACKFISH AVE.
FROM SEAGULL PARK TO ULLBERG PARK; AND PROVIDING FOR
SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901,
adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation
Advisory Committee, the City Council waives the 60-day waiting pedod and publication
of legal notice.
SECTION 2. The name of the park at 14125 Jackfish Ave., currently known as Seagull
Park, is hereby renamed UIIberg Park
SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of the City Council that every section, paragraph, subdivision, phrase1
word and provision hereof shall be given hill force and effect for its purpose.
H:~LEG-~)lR~Jeannie'~oyle~Ordinances~D21405E)C rename Seagutl As UIIberg Park doc
The foregoing ordinance was read for the first time and passed to its second reading on
the day of February, 2005, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
The foregoing ordinance was read for the second time and passed finally on the
day of February, 2005, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
APPROVED AND PASSED on the
ATTEST:
day of February, 2005.
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neai, Jr., Mayor
APPROVED AS TO LEGAL FORM on the
urtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
day of February, 2005.
H:~_EG-DIRgJeannie'~/3oyle\Qrdin ances~021405DC rename Seagull As UIIberg. Park doc
19
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Date: March 8, 2005
Second reading ordinance amending Ordinance 4168, The Platting
Ordinance of the City of Corpus Christi, by redesignating Section III.B.1 .d as
Section III.B.1 .e and by adding a new Section III.B.1 .d regarding submission
of electronic data for final approved plats for incorporation in the City's
Geographic Information System; providing for severance, providing for
penalties; and providing for publication.
Motion to amend pdor to second reading of an ordinance amending Chaper
14, Development Services, Code of Ordinances, City of Corpus Christ relating
to submission of digital data for the City's Geographic Information System as
amended by deleting the exception to the Plat submittal requiremenls.
Second reading ordinance amending Chapter 14, Development Services,
Code of Ordinances, City of Corpus ChriSt relating to submission of digital
data for the City's ~raphic Information System as amended; providing for
penalties; providing for severance; and providing for publication.
ISSUE: The City committed to streamlining the development process by creating
partnerships with the development community. A significant aspect of that partnership
is the ability to share digital data with the developers and their consultants on request.
Pdor to second reading, staff has determined that the exception to exempt small
projects from the digital submittal requirements is not necessary. Local reproduction
companies are capable of creating digital image files at a reasonable cost.
Currently, the city receives paper copies of plats and construction for projects
throughout the city. City staff then converts that data into "GIS ready" digitally formatted
copies which are then overlaid onto the base map. However, besides duplicating work
already prepared by the pdvate sector, there are significant chances for error in the
conversion. Additionally, there is a need for additional City staff trained to process this
type of conversion.
This change to the platting ordinance will require the consultants to provide digital
copies of final plats ready for recordation; record drawings for city utility projects; and
Storm Water Quality Management Plans. This new requirement will reduce errors in
conversion and also allow for faster access to files by city staff and the development
community. This change should not increase the development community's costs.
Staff feels this change to the platting ordinance will accomplish several key factors
including increased accuracy and quality of special information, a streamlined and
modernized means of plat submittal, and finally a complete integration of final plat and
final construction drawings into the GIS system.
REQUIRED COUNCIL ACTION: Recommend approval of the ordinance change. City
Council action is required when amending the Code of Ordinances and text
amendments to the Platting Ordinance.
PREVIOUS COUNCIL ACTION: None
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission
recommended approval of these amendments to Chapter 14 of the Code of Ordinances
and the text amendments to the Platting Ordinance on 4/21/04 dudng a Public Hearing
FUNDING: N/A
RECOMMENDATION: Approval of the ordinances as submitted.
~ICP
Director of Development Services
BACKGROUNDINFORMATION
March 8, 2005
Over the past two and one half years, the City has been converting its digital map and
development data to be compatible with mainstream software packages used within the
development community. The resulting Geographic Information System (GIS) base
map includes a wealth of information such as new subdivisions, replats, utility
easements, right of way information, flood zones, streets, schools, area development
plans, census boundaries, and water, gas, storm waster, and wastewater lines and
information. The City now has the opportunity to share this digital data with the
development community and the public
Logically, the next evolution in the digital process is for the City to require the
development community to submit development data in similarly compatible digital
formats in compliance with digital standards developed.
As with any change in standards or requirements, the resulting impact or cost is always
a cdtical factor. As such, staff has met with some of the area's development community
including surveyors and engineers, to address their concerns and to develop a plan that
is cost effective and e~cient for all involved. The resulting agreement, as shown in the
ordinance as presented, between the city and the consultants will not require
substantive changes to the data typically created in the process of development.
Rather, only the means of submission, whether in electronic format or in hard copy, will
be amended. To further assist the development community and ultimately the
consumer, the submission of electronic data will be voluntary for the first 6 months after
the adoption of the ordinance and will become mandatory thereafter. As companies
become familiar with what is required; submittal of digital data will become ordinary and
routine.
Staff feels that not only will the ordinance amendment eliminate costly errors in data
conversion, but it will present a cost effective way for the city to provide information to
the general public and the development community. The ordinance as presented
represents a consensus among the development community and City staff.
AN ORDINANCE
AMENDING ORDINANCE 4168, THE PLA'FI'lNG ORDINANCE OF THE
CITY OF CORPUS CHRISTI, BY REDESIGNATING SECTION III.B.l.d
AS SECTION IIl.B.l.e AND BY ADDING A NEW SECTION III.B.l.d
REGARDING SUBMISSION OF ELECTRONIC DATA FOR FINAL
APPROVED PLATS FOR INCORPORATION IN THE CITY'S
GEOGRAPHIC INFORMATION SYSTEM; PROVIDING FOR
SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Platting Ordinance of the City of
Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
Apdl 21, 2004, during a meeting of the Planning Commission, and on Tuesday,
February 22, 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 1. That Ordinance 4168, as previously amended, the Platting Ordinance of
the City of Corpus Chdsti, Texas, is amended by redesignating Section III.B.1 .d) as
Section III.B.1 .e) and by adding a new Section IIl.B.l.d) to read as follows:
SECTIONIII-PROCEDURE
B. GENERAL PROCEDURE. Each application for final plat approval shall be
processed according to the following procedure, but no plat shall be processed
which attempts to amend or remove any covenants or restrictions of the
preceding plat until such preceding plat, or portion of such preceding plat has
been vacated or amended by replat.
Upon receipt of a completed application form,J~f the
Department of Development Services, will issue a determination
shall bo mad6~as to whether the plat is a Type I, Type II, or Type III,
submission defined as follows:
H:~EC-~IR~S hared~JOSEPH~Ord-DigS ubPlat doc
2
d)
Applications for final plats for recordation must be
accompanied by the submission of a digital data submittal,
as required by Article Xl, Chapter 14 of the Code of
Ordinances, that will allow the plat, and related public
infrastructure improvements, to be entered into the City's
Geoqraphic Information System.
Administrative Approval: Administrative approval is
authorized for¢~ plats depicting either a Type I, II, or III
subdivision involving four or fewer lots fronting on an existing
street and not requiring the creation of any new street or the
extension of municipal facilities. Type I, I1, or III plat
submitted for administrative approval shall be designated
Type IA, IIA, or IliA, respectively. The Director of
P!cR,".ingDevelopment Services, or designee, is hereby
delegated the authority to approve such minor plats subject
to the same procedures, notice and hearing requirements,
and regulations applicable to Type I, II, or III plats,
SECTION 2. That Ordinance 4168, the Platting Ordinance of the City of Corpus Chdsti,
Texas, approved on the 234 day of March, 1955, 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 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section XI of the Platting Ordinance
of the City of Corpus Christi.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Chdsti as required by the City Charier of the City of Corpus Christi.
Ofd-DigSubPlat Revised
Samuel L. Neal, ,Ir.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That [he foregoing ordinance was read for the first time and passed to its second
reading on this [he 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.
Bren[ Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
Al-rEST:
,2005 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
,2005.
Armando Chapa
Crty Secretary
¢
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
,2005:
Ord DIgSubPlat Revised
AN ORDINANCE
AMENDING CHAPTER 14, DEVELOPMENT SERVICES, CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, RELATING TO
SUBMISSION OF DIGITAL DATA FOR THE CITY'S GEOGRAPHIC
INFORMATION SYSTEM, AS AMENDED; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article Xl, Chapter 14, Code of Ordinances is revised to read as follows:
"ARTICLE XI. CITY GEOGRAPHIC INFORMATION SYSTEM
"Sec. 14-1100. Technical procedures for submission of digital data for
Geoflral~hic Information Svstem. This article defines standards and procedures for
digital submittal of proliminar¥ and final plats for recordation and final construction and
record draw~nqs for CH construction, ctrect, and utility protects, and public
improvements constructed as a part of plattinq.
"Sec. 14-1101. Purpose of Geographic Information System. The City's Geo~. raphic
Information System (GIS) has been established to:
"(1) Inteqrate subdivision plats to be recorded, and final development/
construction (record) drawinqs into a comprehensive GIS for the City.
"(2) Streamline and modemize the means bv which development proposals are
evaluated, modified, and approved by local officials
"(3) Increase the accuracy and quality of spatial information available to planners,
developers, enqineers, and the public.
"Sec. 14-1102. Definitions. As used in this article, the followin.q words and terms have
the followincl meanincls, unless the context clead¥ indicates otherwise:
Attribute means a field in a feature class table containinq information about the
geoqraphic object. For example, an attribute for a parcel is the parcel's Tax ID.
The Tax ID attribute holds the Tax ID information. An Owner attribute would hold
information about the owner.
Feature means an individual geoqraphic feature record in the database, such as
a sinqle parcel, sinqle street, sinqle easement, etc.
Feature class means a collection of features of a specific type. For example the
parcel feature class is a spatially enabled database table that contains all the
parcel records and their attributes.
H:~-EG-D~ R\Shared',JOSEPH\Ord-DigSubCh 14 doc
2
Gdd coordinates means coordinates of a qdd coordinate system to which
numbers and letters are assiclned for use in desiqnatinq a point of a qddded map,
photoclraph, or chart.
Plat forrecordinct means the final plat approved by the Director of Development
Services or desiqnee to be recorded in the Nueces Count,/Map Records.
Populate means enterinq the data into a predefined set of attributes for each
feature class in the database that have been desiqnated by the City. When new
data is created, each new feature will have an empty set of related attributes.
Some of these attributes may remain empty if there is no information to fill in
each attribute. However, some of the attributes will be filled in. The fillinq in of
these attributes is also termed "populatinq" the attribute information.
Record drawin(7 means the final drawin(ls that qraphically describe the final
conditions of construction that includes dimensional control Iocatinq all
construction components and improvements.
Sl~atiall¥ enabled means that each record has a qeoqraphic component and can
be plotted on the map.
Surface coordinates means coordinates of a f:ldd system where the Ionqitude is a
measure of the an(~le between two planes measured in in declrees, qrads,
radians, minutes of arc, seconds of arc, and other units of anqular measure.
"Sec. 14-1103. Relafionshil~ to other submittal requirements. The technical
standards and procedure in this article are in addition to and do not supplant any other
requirements imposed bv the Code of Ordinances, Plattinq Ordinance, Zoninq
Ordinance, Technical Construction Codes, rules, requlations, construction or utility
standards or specifications, or contracts issued by the City.
"Sec. 14-1104. Sl~afial Reference System.
"(a) Plats and construction dr3winq~.Documents subiect to this ordinance must tie to the
NGS and/or a minimum of 2 (two) points that are part of the City's established horizontal
Control Network. mutt bo based on the 1983 North Amodcan Datum, 1993 Adiuctment,
Tex;]s State Plane Coordinate Syctom Zone 4205.
"(b) Horizontal positions must be expressed in US Survey feet.
"(c) Exceptions to the coordinate basis mav be qranted by the Director of EnRineerinq
Services for construction plans that portray locations outside the limits of Zone 4205.
"(d) Elevations must be expressed relative to NGVD 1988, the National Geodetic
Vertical Datum of 1988, which is the datum used in all official elevation records for the
Comus Christi area.
Chap[er 14 Digital Submittals revised
3
"(e) All plats and construction drawinqs must include documontation of relative and
absolute accuracy.
"(t-) All plats and subdivisions must cloco at or better than 1:10,000.
"Sec. 14-1105. Geodetic Control. As a condition of approval, all final plats and final
construction ('record) drawinqs must tie to the NGS and/or a minimum of 2 (two) points
that are part of the City's established horizontal Control Network. All submittals must
conform to these datum criteria.
"Sec. 14-1106. Topological Inte~lrity. Ac a condition of approval, all plats and
construction drawinqs Documents subiect to this ordinance must be topologically
correct. This requirement includes, but is not limited to, the followinq:
"(1 ) All polyqons must close without overlaps.
"(2) All linear features must be snapped at their endpoints.
"(3) All point features that participate in networks must be snapped to the linear
networks.
"Sec, 14 1107. Roquirod contonL
"(a) Tho diqital submittal must include only thoro b/pos of foaturec that are built, or will
be built, ac part of tho dovelopment or proioct repreconted by the drawinqs. The
submittal must include only those map foaturec that are included in the Cit,/s GIS. The
map features must bo coparatod into classes identical to the feature classes listed in tho
City's GIS prooeduroc manual. Tho foaturoc must bo populated ~,,4th all tho fiolds lictod
in tho City's GIS policy ctatoment. Attribute data will be populatod ac follows:
"(1) For plats, populate attributos as indicatod in tho diqital GIS features and
attributes section of tho Cib/'c GIS procodurec manual.
"(2) For construction drawinqs and "ac builtsl" populato attdbutos accordinq to
contract cpoclficationc or, if contract cpooificationc do not address the GIS
compafiblo submittal, populate drawincls accordinq to tho plat requiremonts
indicatod in tho GIS features and attdbutos section of the Cit¢c GIS procedures
"(b) Submitterc are not roc~uired to recoarch and populate attribute data on any existinq
base map features or infrastructure that aro not part of tho dovelopment or proiect
represented by the submitted drawinqs.
"(c) Tho GIS features and attributes section of tho City's GIS procedures manual
contains a complote list of tho Cib/'c GIS foaturec and attributo fields.
Chapter 14 Digital Submittals revised
4
"Sec. 14-1107. Required medium and labelinq.
"(a) All diqital data must be submitted on a compact disc (CD).
"(b) Each compact disc must be labeled with the followinq information:
"(1) For plat:
"a. The plat numbor assiqned by tho Nuoces County Appraisal District.
"b. The name of the subdivision.
"(2) For construction (record) record drawinQs:
"a. The City proiect number, contract number, or
"b. The City proiect name for city contracts.
"c. The subdivision name for public improvements constructed as a
requirement of plattinq.
"(c) All compact disc must be submitted with a document that contains:
"(1) Name and telephone number of the entity that submitted the disc_
"(2) Name and telephone number of contact person for the consultant for
technical questions about the diclital file.
"Sec, 14-1108. File Format. All diqital submissions musl be in one of the followinq
electronic file formats:
"(1) ESRI GeoDatabase (personal GeoDatabase).
"(2) ESRI Shape File.
"(3) Autocad DWG or DXF formats for plats to be recorded and record drawinqs.
"(4) As an option, in lieu of papor copios for reviow and commont,Plats and plans
for public improvements submitted for review and comment may be subm~ed in
PDF format at the option of the submitter. The submission shall be ~POF~de
accompanied by one (1) paper copv.for review and commont.
"Sec. 14-1109. Submittal I~rocedures.
"(a) Prior to submittinq diqital data for inclucion in the Cityc GIS, the cubmittor must
obtain a curront copy of the City's GooDatabase (GIS database) from eithor the City's
GIS Office or the Devolopment Center.
Chap[er 14 Digital Submittals revised
5
"(b) The submit[er must prepare a plat or construction drawinq compatible with the
standards described in this article.
"(1) If a submittor discovers any errors in tho City's data, tho submittcr must notify
the City's GIS Office and, if tho City modifies its data, tho submit[or may then obtain
a copy of tho rovisod GooDatabaco.
"(2) Submitters are responsible for ensurinq that submittals are spatially and
topoloqically consistent with tho City's NGS.
"(c) Plats.
"(1) Immodiatety pdor to the filing Upon submission of a final plat for recordation,
a developer shall submit the final plat on a CD to the Department of Development
Services.
"(:2) Within five workinq days followinq approval of a preliminary plat by the
Planninq Commission, the developer shall submit tho preliminary plat on a CD to
a City Plannor.
"(d) Final Construction record drawinqs. Prior to submission of the final invoice on a
City construction contract or the ~n~lineers certificate of completion for
certification of ro(~uired public infrastructure, the contractor or developer shall submit the
required record drawin.qs on a CD to the Department of Development Services
"Sec. 14-1110. Review procedures.
"(a) Review procedures for plats.
"(1) The Depa~buent of Development Services will perform a preliminary review
of diclital plat files at the time of submittal to ensure that they open and forward
acceptable flips to the City GIS Office.
"(2) Tho GIS Office will roviow proliminary plat di(~ital flips and post compliant
flips on a proliminary layer of tho City's (;IS.
"(3) The GIS Office in the Department of Municipal Information Systems will
review the cadastral data submitted for a final plat, and if the data is compliant,
will post it to the City's base map within 60 calendar days.
"(4) GIS Spocialictc from the City's utility departments will review and post
compliant utility data.
"(5) C~ GIS staff will notify tho Cify Plannor whether the diqital layers are
compliant or not.
"(36) The Department of Development Services will file the plat for record with
the County Clerk. The Depart]'nent of Development Services will inform the
Chapter 14 Digital Submittal~ revised
6
consultant of any electronic data resubmitted requirements if necessary within 60
calendar days.
"(b) Review procedures for final construction (record) drawinqs.
"(1) The Department of Development Services will open the construction drawinq
diqital file to ensure it is readable and forward it to the relevant Departmental GIS
Specialist(s).
"(2) Tho City GIS Staff will review and. if compliant, post project assets.
"(3) Tho City (;IS staff will notify tho Enqinoorinq Proiect Manaqer whethcr the
digital layers are compliant or not.
"(4) When all layers have boon reviewed and posted, tho Enqinoorinq Proicct
Manaclor will formally accept the submittal.
"('c) Diciital submittals that are unreadable or otherwise found non-compliant bv the
Department of Development Services. an Enqineerincl Project Manaqer, a Department
GIS Specialist. er City GIS staff will be returned to the submitter for resubmittal within 60
calendar days.
"(d) The City GIS staff may spatially adjust submitted data or the City's GIS to
incorporate the submitted data properly into the Cib/'s GIS.
"Sos, 14 1112. Rocluired GIS foatures and attributoa. Tho City's Directors of
Dcvelopment Sorvicos, En.qinoodnq Servicos, and Municipal Information Services will
publish on tho City's GIS proceduros manual on the Cify'c official websito. The manual
will contain the di.qital GIS foaturoc and attributes that must bc provided in plats and
construction drawinqs submitted to the City.
"Sec. 14-1111. Excel~flons authorized for drawin~ls.
"(3) The Director of Enqineednq Services is authorized to ;rant exceptions to the
requirements that city construction drawinqs and "as bui!tc record drawincis" be
submitted to the Cit~, in a diqital format when the requirement would substantially
increase the costs of a project to the City.
"(b) Tho Director of Development Servicas is authorized to (Irant a blanket exception not
to exceed 6 months to the rccluiremonts that plats be submitted to the City in a diqital
format when:
"(1) Tho requirement would impose an unreasonable burden on the surveyor or
professional enqineer submittinq tho plat. because tho surveyor or enqineer dooc
not own or have access to computer hardware and so.rare capable of
producinq the required diqital submission or the project is determined by the
Director of Development Services to be a small project and diqital submittals is
not feasible. This exception is valid for a period of time not to exceed 6 months;
Chap[er 14 Dlgilal Submittals revised
7
"(2) The plat will not require the construction of any public improvements or
infrastructure or dodication of any now dqhts of way or utility easomonts; and
"(3) The plat subdivides any existing lot into loss than fivo lots.
"Sec. 14-1112. Availability of City's GIS data. The City will make diciital copies of its
GIS data available at no costs to planners, developers, enqineers, contractors, and
others who are required to submit diQital data under this Article to the City and does not
apply to consultants that are qranted exemptions to this requirement."
Secs. ~I-J~{H-14-1113- 14-1200. Reserved.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 4. 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.
Chapter 14 D~ta[ Submittals revised
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2005, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Ja¥ier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the __
ATTEST:
,2005 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2005.
Armando Chapa
City Secretary
APPROVED: (/t~ ~
I/ .
Joseph~am;y~
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
,2005:
OrdA3igSubChl4
20
CITY COUNCIL
AGENDA MEMORANDUM
March 8, 2005
AGENDAITEM:
Public hearing to consider abandoning and vacabng a 52,011 square foot. portion of an
undeveloped 20-foot wide dedicated public right-of-way out of Lots 8 and 9, Sectm~ 27, Flou~
Bluff and Fncinal Farm and Garden Tracts (between Holly Road and Wooldridge Road,
approximately 2,600 feet east of the Lexington Road right-of-way, Los Arbofes and Monte
Verde at Terra Mar Subdivisions).
Ordinance abandoning and vacating a 52,011 square foot portion of an undeveloped 20-foot
wide dedicated public right-of-way out. of Lots 8 and 9, Section 27, Flour Bluff and Encinal
Farm and Garden Tracts (between Holly Road and Wooldddge Road, approximately 2,600
feel east of the Lexington Road righl-of-way, Los Arboles and Monte Vente at Ten-a Mar
Subdivisions); subject to owner's compliance wffh the specit~ed conditions.
ISSUE: Urban Surveying, Inc., on behalf of Baybreeze Development, LP., the owner/developer, is
requesting the abandonment and vacation of the dedicated public right-of-way to allow for [uture
development of a residential subdivision.
REQUIRED COUNCIL ACTION: City Charter requires Cib' Council approval to abandon and
vacate any portion of ~,{,,~t rights-of-way. City C<xJe requires a public hearing I:~ior to the vacating
and abando~mont of any street righls-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
'~ Holly, AICP
Director of Development Services
Attachments:
Exhibit A - Background Inlormation
Exhibit B - Ordinanc~e
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Surveying, Inc_, o~ behalf of Baybreeze I)evelopment~ L.P., the ow~erldevetoper, is
requesting the abandonment and vacation of a 52,011 square foot portion of a dedicated
undeveloped 20-foot wide public right-of-way (ROW). The undeveloped public ROW is
the west portion of a 404oot wide roadway ROW in Lots 8 and 9, Section 27, Flour Bluff
a~l Encinal Farm and Garden Tracts The u~devek)ped ROW to be abar~don~ and
vacated is Iocaled in a "F-R' Farm-Rural District.
Approximately 2,601 linear feat of the undeveloped ROW to be abandoned is between
Holly Road and Wooldridge Road, approximately 2,600 feet east of the Lexington Road
ROW. The said portion of public right-of-way is being abandoned and vacated to allow
future development of a residential subdivision (Los Arbeles and Monte Verde at Terra Mar
Subdivisions). Baybreaze Development, L P, the owner/developer, desires to offset the
referenced undeveloped public ROW by dedicating new street ROW within the proposed
subdivision plat.
All public and franchised utilities were contacted regarding this closure request and no
objections were received from any of the utility companies.
Payment of the fair market value is to be waived because Section 49-12 o1: the City Code
eliminates payment of the fair market Value when an abandoned stree~ is unimproved, as it
is in this case. The owner will also be dedicating public street rights-of-way of greater
value with the Los AH:x~es and Monte Verde at Terra Mar Subdivisions to off-set the
pro~x)sed abandoning arid vacating of public right-of-way. The owner has been advised of
and concurs wffh the conditions of the right-of-way abandonment.
EXHIBIT A
FROM: B,A. Bo~ey Haly, A~CP, Dt~eclar of E~evek~:~nt ~
Feb~j~Y 28, 2oo5
TO 1HE CJIY MA.NA~ 0~: 114~ CJIY O~ COQ~US C1~]1:
OldER I~11NItfr INFOQMAIION 10 BE INCLUDffi) IN
Pk~t i~ re~cxded tn Volume A. I~ 41 It~ough 43 o~ the Map Re~:xcJs at Nuece~ Courtly, Tex~s
$1~-C:I~F:D COfIOI11ON~ AS PAJ~ OF CLOSUI~:
REQUESTED ~:
DATE:.
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 52,011-SQUARE FOOT PORTION
OF AN UNDEVELOPED 20 FOOT WiDE DEDICATED PUBLIC RIGHT-
OF-WAY OUT OF LOTS 8 AND 9, SEC. 27, FLOUR BLUFF & ENCINAL
FARM & GARDEN TRACTS, (BETWEEN HOLLY ROAD AND
WOOLDRIDGE ROAD, APPROXIMATELY 2,600 FEET EAST OF THE
LEXINGTON ROAD RIGHT-OF-WAY, LOS ARBOLES AND MONTE
VERDE AT TERRA MAR SUBDIVISIONS); SUBJECT TO OWNER'S
COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 52,011-square foot portion of an undeveloped 20 foot wide
dedicated public right-of-way, out of Lots 8 and 9, Sec. 27, Flour Bluff & Encinal Farm &
Garden Tracts (between Holly Road and Wooldddge Road, approximately 2,600 feet
east of the Lexington Road right-of-way, Los Arboles and Monte Verde at Terra Mar
Subdivisions), as recorded in Volume A, Pages 41-43, Map Records Nueces County,
Texas, that the owner, Baybreeze Development, LP, (Owner), wishes to have
abandoned and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
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 52,011-square loot portion of an undeveloped 20 foot wide
dedicated public right-of-way, out of Lots 8 and 9, Sec. 27 Flour Bluff & Encinal Farm &
Garden Tracts, (between Holly Road and Wooldddge Road, approximately 2,600 feet
east of the Lexington Road right-of-way, Los Arboles and Monte Verde at Terra Mar
Subdivisions), as recorded in Volume A, Pages 41-43, Map Records Nueces County,
Texas is abandoned and vacated for public use as street right-of-way, subject to
Owners' compliance with the following specified conditions as part of the abandonment
and vacation:
1. Staff recommends that payment of the fair market value be waived because City
Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned
street is unimproved, as it is in this case. Owner will also be dedicating public street
right-of-way of greater value on the Monte Verde Units 1-2 Subdivisions, to off-set the
proposed abandoning and vacating of public right-of-way.
2. Upon approval [rom Council and ordinance issued, all grants of street closures must
be recorded in the real property Map Records of Nueces County, Texas, in which the
property is located. Pdor to Building Permit approval of construction, an up-to.late
H:\LEG-DIRHoseph\ORD-LosArMV-av.doc
survey, abstracled for all easements and items of record, must be submitted to the
Director of Development Services.
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 i~or the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and volJng upon
ordinances at Iwo regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 8th day of March, 2005
A'ErEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved 4,,....~ z. ,2005
Joseph
Assistant City Attorney
For City Attorney
H:~I~EG-DI RLloseph\ORD-LosArMV -ay.doc
Corpus Chdsti, Texas
day of ,2005
TO THE MEMBERS OF THE CIT~' COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of ~he 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 Sco~t
tt:~LEG-DIR~Joseph\ORD-LosArMV-av doc
LOCATION MAP
SITE LOCATION
N
EXHIBIT C
STREET CLOSURE
20' WIDE UNDEVELOPED PUBLIC RIGHT-OF-WAY
LOTS 8 & 9, SEC. 27, F. B. & E. F. & G. T.
/
/
/ PROPOSED STIRI[~-'r CLOSURE
/
/
URBAN
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
March 8, 2005
AGENDA ITEM:
(A) Overview of Proposed FY 2005 Capital Budget and Capital Improvement Planning
Guide (CIP)
(B) Public Hearing on FY 2005 Capital Budget and CIP Guide
STAFF PRESENTER(S):
Name
1. Oscar Martinez
2. Angel Escobar
3. Eddie Houlihan
4. Lynda Sutherland
Title/Position Department
Assistant City Manager
Director of Engineering Services
Assistant Director - Management & Budget
Contract/Funds Administrator
ISSUE: The City Charter requires the City Council to act on the Capital Budget as
part of the Comprehensive Plari within sixty days of submittal by the City Manager.
BACKGROUND:
This initial presentation is intended to provide the City Council with an overview of
the document as well as outline the process that will lead to the adoption of the FY
2005 Capital Budget. The Planning Commission has reviewed and approved the
Capital Improvement Planning Guide at its February 23rd special-called meeting.
In addition to the overview, a public hearing will be held to receive public input prior
to the City Council's formal consideration of the CIP. Public input may also be
received at the first and second reading of the adoption ordinance on March 22nd
and 29th.
REQUIRED COUNCIL ACTION:
No formal action is required
Oscar Martinez
Assistant City Manager
22
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/8/05
AGENDA ITEM:
Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds
by Lavaca-Navidad River Authority and Nueces River Au thority in respect to the City of Corpus Christi Lake
Texana Project.
ISSUE:
The City of Corpus Christi has executed contracts with both the Nueces River Authority (NRA) and the
Lavaca-Navidad River Authority (LNRA), obligating to make the debt service payments on the "Nueces River
Authority Water Supply Facilities Revenue Bonds Series 1997" and the "Lavaca-Navidad River Authority
Water Supply Facilities Revenue Bonds Series 1997". These bonds were issued to fund the City of Corpus
Christi Lake Texana Project Mary Rhodes Pipeline and pump station.
City Staff and Financial Advisor, M E. Allison & Company, recommend that $105,770,000 in aggregate
principal of the NRA' s bonds and $6,950,000 in aggregate principal of the LNRA' s bonds be considered for
refunding to realize a debt service savings which would result in lowering the City's payments under the
contract. The net present value savings is anticipated to be at least three percent (3%).
Council authorization is requtred for the City Manager to approve all documents related to the current
refundings.
REQUIRED COUNCIL ACTION:
City Council approval of the Resolution is recommended.
PREVIOUS COUNCIL ACTION:
None
CONCLUSION AND RECOMMENDATION:
City Slaff recoramends Council approval of the Resolution as presented.
Director of Financial Services
Attachments:
Resolution
Debt Service Comparison (Net Present Value Savings) Lavaca Navidad River Authority Bonds
Debt Service Comparison (Net Present Value Savings) - Nueces River Authority Bonds
RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE
ACTIONS NECESSARY TO APPROVE THE ISSUANCE OF
REFUNDING BONDS BY LAVACA-NAVIDAD RIVER AUTHORITY
AND NUECES RIVER AUTHORITY IN RESPECT TO THE
CITY OF CORPUS CHRISTI LAKE TEXANA PROJECT
WHEREAS, the City of Corpns Christi, Texas (the "City") approved the issuance of bonds
by Nueces River Authority (the "NKA") captioned "Nueces River Authority Water Supply Facilittes
Revenue Bonds (City of Corpus Christi Lake Texana Project) Series 1997", in the aggregate principal
amount ors 118,195,000 (the '~NRA Bonds"); and
WHEREAS, the NRA Bonds are currently outstanding in the aggregate principal amount of
$105,770,000; and
WHEREAS, the City approved the issuance o fbonds by Lavaca-Navidad River Authonty (the
"LNRA") captioned "Lavaca-Navidad River Authority Water Supply Facilities Revenue Bonds (City
of Corpus Chxisti Lake Texana Project) Series 1997", in the aggregate principal amount
$8,970,000 (the "LNRA Bonds"); and
WHEREAS, the LNRA Bonds are currently outstanding in the aggregate principal amount
of $6,950,000; and
WHEREAS, the City has executed contracts with both the NRA and the LNRA, pursuant to
wh/ch the City ts obi/gated to make payments sufficient to pay the debt service due and payable on
the NRA Bonds and the LNRA Bonds, respectively; and
WHEREAS, the City has requested that the NRA and the LNRA consider the issuance of
refunding bonds to produce a debt service savings on the NRA Bonds and the LNRA Bonds,
respectively, that are subject to redemption prior to their scheduled maturities; and
WHEREAS, the City has been advised by representatives of both the NRA and the LNRA
that each entity is willing to proceed with the issuance of such refunding bonds; and
WHEREAS, the documents govermng the issuance of the NRA Bonds and the LNRA Bonds
each provide that re funding bo nra may be issued subject to the approvat o f the terms o f the refunding
bonds by the City; and
WHEP,_EAS, because of fluctuating conditions in the municipal bond market, the City Council
has determined to delegate to the City Manager the authority to approve the terms of the refunding
bonds that may be issued by NRA and LNRA, subject to the parameters hereinafter described.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section I. That the City Manager is hereby authorized to act on behalfo f the City to approve
the terms of the refunding bonds to be issued by NRA to retired a portion of the outstanding NRA
Bonds, and to approve the terms of the refunding bonds to be issued by LNRA to refund a portion
of the outstanding LNRA Bonds. The City Manager may evidence such approval on behalf of the
City by executing the bond purchase a~eement prepared in connection with the sale and delivery of
the refunding bonds issued by NRA and LNRA, respectively, or by executing a certificate evidencing
the approval of the terms of the refunding bonds issued byNRA and LNRA, respectively, as the City
Manager in his discretion may detemfine
Section 2. That the City Manager is authorized to consult with M.E. Allison & Co., Inc., the
City's financial advisor, to determine that the sale of the refunding bonds by NRA and LNRA,
respectively, occurs on such tenT~s that are consistent with the conditions in the municipal bond
market at the lin~ such refunding bonds are priced for sale byNRA and LNRA, respectively.
Section 3. That the City Manager shall be and is hereby expressly authorized, empowered
and directed from thne to time and at any time to do and perform all such acts and things and to
execute, acknowledge and deliver in the name and under the corporate seat and on behalf of the City
all such instraments, whether herein mentioned, as may be necessary or desirable in order to carry out
the terms and provisions of this Resolution, including, but not lim/ted to, approving the form of the
not~ce of redemption calling the NRA Bonds and the LNRA Bonds for redemption prior to their
scheduled maturities, and such instruments as may be necessary to effect the issuance of refunding
bonds by either NRA or LNRA. A detemUnation by the City Manager that the final forms of said
instruments, including specifically, but not by way of limitation, the respective bond purchase
agreements relating to the refunding bonds issued by NRA or LNRA, comply with the authorizing
documents relating to the NRA Bonds and the LNRA Bonds and applicable State law, shall have the
same force and effect as a finding or determination made by the City Council.
Section 4. That the foregoing notwithstanding, the City Manager shall not approve the sale
of refunding bonds by either NRA or LNRA if (i) the debt service savings to be generated by the
issuance of such refunding bonds by either NRA or LNRA, as the case may be, does not generate at
least a three percent (3%) net present value savings to the City or (ii) the sale o frefunding bonds by
either NRA or I,NRA results in bonds having a maturity beyond the final maturity o fthe outstanding
NRA Bonds or LNRA Bonds, as the case may be. Prior to the dehvery of any refimding bonds by
NRA or LNRA, the City Manager shall execute and deliver to the City Council a certificate setting
forth the terms of such refunding bonds, and in such certificate the City Manager shall state that the
terms of such refunding bonds conform to the parameters set forth in this Resolution.
Section 5. That the authority delegated to the City Manager to approve the sale o frefunding
bends by NRA and LNRA, respectively, shall expire on Friday, April 29, 2005.
Section 6. That this Resolution shall become effective immediately upon its adoption by the
Cily Council.
2
A'I'FEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary Mayor
APPROVED: ~:~ day of
By:
Mary I4~y Fisher
City Attorney
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
Samuel L. Neal, Jr.
,2005.
Lavaca Navidad River Authori_ty
(Lake Texana Project)
54,900,000 Water Supply Facilities Revenue Refunding Bonds, Series 2005
Debt Service Comparison
Dat~ To~l P+I Exlstln~ DIS Net New DIS Old Net DIS
09/30~2005 143,142 22 23,293 75 I]0,537 55 154,67500
09/30 20~'~ 244,175 Or) 194,087 ~0 738,2262 50 756~850.0~
09/30/2010 74L775 0O
Savings
15,13745
18,237 q0
18,5875?
13,987 50
14,67500
17,42500
7~25:00 I4,525 (}9
757,47500 16,47500
757,00000 18,000 O0
$8,350,311.50 ~211,599.95
PV Analysis Summary (Net to Net)
Ncr Presen~l Value Beuefil $168,65860
Refunding Bond Information
Refu_ndmg Daled Dam
Refunding Deliver' Date
3/01/2005
4/05/2005
Preliminary
Nueces River Authority
(City of Corpus Christi Lake Texana Project)
$99,530,000 Water Supply Facilities Rcvenuc Refunding Bonds, Series 2005
Debt Service Comparison
Date Total P-H Exlstln~l DIS
08/31/2005 2179~2,695 75 2,640,250 fA)
08/31/'2006 4,9i14,775 00 2,870 9 ~1 0(.
08/31/2024 ~7,250
08/3 ~/2025
08/31/2026 7,854,500
$8,3§3,750.00
Net New DIS Old Net DIS SavlnRs
4,973,470 27 5,29~,437 50 3t6,967,23
7,855,675 00 8,171,275 00 315,6110 00
~6(3~437 50 8fl73,287 5Q 312,85000
7,058,2375(I 8,169,737 50 311,500 00
7.857,750 (~d ~,172,437 50 314,68750
7,857,7>0 00 8,172,637 50 314,887.50
7,8 fi~L}01! 00 S 1~1669,275.00 M 2,275.00
PV Analysis Summary ;'Net to Net)
Ncl ?3' Ca~hflo~' Savings &_~ 435 ]%(,&,!C~
£'ontingea~Z or Rtm~ling AmpupL
Net Present Val ~uc Benefit .
Refundln~ Bond IMormation
.... ~4 225,428 67
__ 4,225,428 67
~&68 a,909021~
4.776%
R_ efunding Dale~d Dat~e _
Refundi~ Deliveo~ Da~e _.
3/01/2005
4/05/2005
23
CITY COUNCIL
AGENDA MEMORANDUM
March 8, 2005
AGENDA ITEM:
Resolution urging Congress to reject the portion of the Administration's proposed 2006 Federal
Budget that calls for the shifting of the Community Development Block Grant Program from the
U.S. Department ot Housing and Urban Development to the U.S. Department of Commerce
and to remain fully funded.
ISSUE: Should the CDBG Program shift from the U S. Department of Housing and Urban
Development to the U.S. Department of Commerce as proposed, the potential exist for drastic
federal program reductions,
RECOMMENDATION: City Council reject the portion of the Administration's proposed 2006
Federal Budget that calls for the shifting of the Community Development Block Grant Program
from the U.S. Department of Housing and Urban Development to the U.S. Department of
Commerce and to remain fully funded.
REQUIRED COUNCIL ACTION: Approval and passage of the resolu~tion. ~
~g n e r'-~ ~/~,.z...,_...X-)/ ' ../
Acting Director
ADDITIONAL SUPPORT MATERIAL
Background Information IF,
AGENDA MEMORANDUM
BACKGROUND INFORMATION
The Community Development Block Grant (CDBG) Program was created by
President Richard Nixon more than 30 years ago and has been the signature
partnership between the federal government and local government to create jobs,
increase economic development opportunities, expand home ownership and
maintain neighborhoods.
The CDBG Program has provided the City of Corpus Christi with approximately $4
million per year that has been used to benefit homeowners through the
reconstruction or repair of existing homes, assist new homeowners with down
payment and closing costs, provide assistance and loans to local small businesses
owned by Iow-income persons, benefit thousands of residents by improving streets,
sidewalks and parks in their neighborhoods and provide social services to
thousands of families and individuals in need, through assistance to local agencies.
The City of Corpus Christi has been appropriated more than $144 million through
the U.S. Department of Housing and Urban Development for the CDBG Program
that includes approximately $12.6 million of program income generated through the
various programs administered by Neighborhood Services Department.
A RESOLUTION
URGING CONGRESS TO REJECT THAT PORTION OF THE ADMINISTRATION'S
PROPOSED 2006 FEDERAL BUDGET THAT CALLS FOR THE SHIFTING OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE DEPARTMENT
OF COMMERCE AND REQUEST THAT THE PROGRAM REMAIN FULLY FUNDED.
WHEREAS, since its creation by President Richard Nixon more than 30 years
ago, the Community Development Block Grant (CDBG) program has been the signature
partnership between the federal government and local government to create jobs, in-
crease economic development opportunities, expand home ownership, and maintain
neighborhoods;
WHEREAS, in previous years, the CDBG program provided the City of Corpus
Christi with approximately $4 million per year that was used to benefit homeowners
through the reconstruction or repair of existing homes; assist new homebuyers with
down payment and closing costs; provide assistance and loans to local small busi-
nesses owned by Iow-income persons; benefit thousands of residents by improving
streets, sidewalks, and parks in their neighborhoods; and provide social services to
thousands of families and individuals in need, through assistance to local agencies;
WHEREAS, for every dollar invested through CDBG programs, private or other
grant dollars are leveraged for housing and economic development;
WHEREAS, the proposed 2006 Federal Budget, as released February 8, 2005,
recommends shifting the CDBG program and 17 other programs from the Department
of Housing and Urban Development to the Department of Commerce and significantly
reducing the amount of federal funding for the program;
WHEREAS, the U. S. Conference of Mayors, the National League of Cities, the
National Community Development Association, and the National Association of
Counties have joined with a coalition of business leaders to denounce the proposed
shifting and funding reduction of the CDBG program in the 2006 Federal Budget; and
WHEREAS, the coalition has bi-partisan support to keep the CDBG program
within the Department of Housing and Urban Development and to remain fully funded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council strongly urges Congress to reject that portion of the
Administration's proposed 2006 Federal budget that calls for the shifting of the
Community Development Block Grant (CDBG) program and to require that the CDBG
program remain fully funded at the $4.7 billion level and continue to be administered by
the Department of Housing and Urban Development.
SECTION 2. The City Council declares this resolution to be an emergency measure
necessary [or the immediate preservation of the public peace, safety, and welfare and
for the reason that the CDBG program is a vital component of the partnership between
the federal and local governments to create jobs, increase economic development
opportunities, and expand home ownership.
SECTION 3, The City Council authorizes the City Manager, or his designee, to send a
copy of this resolution to U. S. Senators Kay Bailey Hutchison and John Comyn and
U. S. House Representative Solomon P Ortiz.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM:
for the City Attorney
Samuel L. Neal, Jr.
Mayor
H~LEG DIR~elizabeth\De,pl Files'~H Resolutions~EHres152 doc
Corpus Christi, Texas
day 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
H:~EG-DIR~elizabelh~Dep[ Files~EH Resolutions~EHres152doc
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2005
AGENDA ITEM: Authorizing the City Manager, or designee, to execute a ten year
Use agreement with the Tiger Olivarez Golf and Literacy Academy, inc. (a chapter
of The First Tee) for nonexclusive use of designated parts of the Gabe Lozano Sr.
Golf Center; providing for severance; and providing for publication.
ISSUE: A Use agreement must be approved for the Tiger Olivarez Golf and Literacy
Academy to use the Gabe Lozano Sr. Golf Center for golf instruction, The First Tee life
skills curriculum, and literacy instruction.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the Use agreement with the Tiger Olivarez Golf and Literacy Academy.
Attachments: Background Information
H:~PR-DIR'~HARED~AGENDA ITEMS\Council Meetings~OO5~O1-25-05\Tiger Olivarez Golf and Literacy Academy The F~rsl Tee
Lease. DOC
BACKGROUND INFORMATION
A non-profit group was formed in 2004 in order to petition The First Tee (an initiative o[ the
World Golf Foundation) for a chapter to be located at Gabe Lozano Sr. Goll' Center. The
First Tee became a reality as a result of the support o[ the PGA of America, Ladies
Professional Goll~ Association, Augusta National Golf Club, PGA TOUR, and the United
States Golf Association. The local group was incorporated as the Tiger Olivarez Golf and
Literacy Academy. Their mission is to provide golf and lille skills as well as literacy
instruction to community youth. The First Tee has a curriculum of life skills that will be at
the core of the instruction and includes values such as integrity, honesty, respect for self
and others, courtesy, judgment, confidence, perseverance, sportsmanship and
responsibility. The program is to be offered to the youth in the community that otherwise
would not have the opportunity to participate in golf. The Academy will also work in
conjunction with other professionally qualiiied teachers and institutions to give youth
access to books and literacy skills. The Academy will operate a program to help youth
improve reading comprehension and writing skills, and will use qualified area teachers as
resources.
A long-term agreement with a goll facility is required by The First Tee in order to amortize
any construction that is funded by The First Tee as well as offering college scholarships to
youth that have been in the program since their early years.
H:~PR-OIR".SHARED~AGENDA ITEMS\Council Mee[ings~2005~1-25~35~ger Otlvarez Golf and literacy Academy_The Flm[ Tee
Lease. DOC
Page I of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
TEN YEAR USE AGREEMENT WITH THE TIGER OLIVAREZ GOLF
AND LITERACY ACADEMY, INC. (A CHAPTER OF THE FIRST TEE)
FOR NONEXCLUSlVE USE OF DESIGNATED PARTS OF THE GABE
LOZ. ANO SR. GOLF CENTER; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
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 ten year
Use Agreement with The Tiger Olivarez Golf and Literacy Academy, Inc. (a chapter of
The First Tee) for nonexclusive use of designated parts of the Gabe Lozano Sr. Golf
Center. The Use Agreement is attached as Exhibit A and a copy is on file with the City
Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease and Use
Agreement begins on the 61st day after City Council adoption of this ordinance on
second and final reading and will have a term of ten (10) years; and the second and
final reading of this ordinance is at least twenty eight (28) days after the first reading.
Each reading was done at a regular meeting of the City Council.
SECTION 3. 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 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Chdsti.
H :~E GA31R~3oy~eD.Cu~sUVIYDOCS~20~3.04~EAS E.ORD\011805OC.F~rstTee.TheTiga-.Oflvarez. C.-~:~.Lit~ ~ y. 1 ~ s e.~.d~
Page 2 of 2
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
,2005, by the following vote:
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Henry Garrett
The foregoing ordinance was read for the second time and passed finally on this the
day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenem
Melody Cooper
Henry Garrett
,2005, by the following vote:
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the
A'n'EST:
__ day of ,2005.
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 18 January 2005
urtis
Chief, Administrative Law Section
Senior Assistant City A~tomey
For City Attomey
H :~LE G-DIR\DoyfeD.CurIis~VlYDOCS~003.04~.EAS E.ORD',~ 11805OC.F~rs[Tee.Tr~T~jer. Ofl,~a rez. Golf. Literacy,~cadem y, lOyrUse .Oral.doc
Page 1 of 20
Ordinance No.
Approved:
STATE OF TEXAS §
COUNTY OF NUECES §
CHAPTER USE AGREEMENT
This Use Agreement (hereinafter "Agreement") is made and entered into this
day of ,2005, by and between THE CITY OF CORPUS CHRISTI
TEXAS ("City"), a Texas home-rule municipal corporation, acting by and through the
City Council ("City Council"), and The Tiger Olivarez Golf and Lite~-acy Academy, Inc.
("Chapter"), a Texas non-profit corporation, qualified as a 501 (c) (3) organization under
26 U.S.C. Section 501 (c) (3), a chapter of The First Tee, a division of Wodd Golf
Foundation, Inc. ("World Golf"), a Flodda nonprofit corporation.
WHEREAS, City owns, and through its Parks and Recreation Department, operates
two (2) goll~ courses in Corpus Chdsti, Texas; and
WHEREAS, City has Head Golf Pros to operate and manage its golf courses; and
WHEREAS, Chapter is a Texas non-profit corporation organized and operated to
develop and offer to Corpus ChdstJ area youth a Program for the teaching of golf and
life skills in affiliation as a chapter of The First Tee, a division of Wodd Golf Foundation,
Inc. ("Wodd Golf"), a Flodda nonprofit corporation; and
WHEREAS. Chapter desires to develop, offer and conduct its Program benefiting the
Corpus Chdsti area youth at certain City golf courses; and
WHEREAS, City desires said Programs al its golf courses provided they can be
effectively and efficiently coordinated with the public use of the golf courses and with the
applicable Head Golf Pros.
NOW, THEREFORE, for and in consideration of the mutual undertakings herein
provided, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and Chapter agree as follows:
I. DEFINITIONS
1.01 "City" means the City of Corpus Chdsti, Texas, a Texas berne-rule municipal
corporation.
1.02 "Designated Golf Course" means a City owned goff course selected by
Chapter and approved in writing by Director as a venue for Chapter's
activities/Programs in accordance with the terms and conditions of this Agreement.
1.03 "Director" means the Director of City's Parks and Recreation Depadment.
Page 2 of 20
1.04 "Existing Contracts" means currently existing contracts, and extensions or
amendments thereof, between City and a third party conceming a Designated Golf
Course. Existing Contracts shall include, without limitation, any contract, whether pre-
datir~ or post-dating this Agreement, between City and any third party for the
management and operation of the course.
1.05 "Chapter" means The Tiger Olivarez Golf and Literacy Academy, Inc., a non-
profit corporation organized under the laws of the State of Texas, qualified as a 501 (c)
(3) organization under 26 U.S.C. Section 501 (c) (3), and its successors or assigns. The
Tiger Olivarez Golf and Literacy Academy, Inc. ("Chapter") is a chapter of The First
Tee, a division of World Golf Foundation, Inc. ('lNorld Golf"), a Florida nonprofit
corporation.
1.06 "Learning Center" means a building constructed or located by Chapter at a
Designated Golf Course in accordance with this Agreement for use in its Program.
1.07 "Head Golf Pro" means the City employee designated by City, from time to
time, as the golf professional responsible for the operation and management of a
Designated Golf Course.
1.08 "Program" means ChapteYs Program for its registered participants at the
Designated Golf Courses.
II. SUBJECT OF THIS AGREEMENT AND TERM
2.01 Purpose. The purpose of this Agreement is to set forth the terms and
conditions upon which the City will allow Chapter to use certain of its golf courses to
conduct its Program. Chapter shall, at its sole cost and expense, plan, arrange for and
conduct its activities on the Designated Golf Course in accordance with the terms
provided in this Agreement.
2.02 Term. This Agreement shall be for a term of ten years, beginning with the
effective date of . (As required by City Charter, the effective date is
the 61 st day after the adoption by City Council on second and final reading of the
ordinance authorizing the execution of this Agreement.). Notwithstanding the foregoing
sentence, Director may, at Director's option and without prejudice to any other rights
City may be entitled to at law, in equity or elsewhere under this Agreement, terminate
this Agreement in whole or in part, with or without cause, for the convenience of City
by giving at least one hundred eighty (180) calendar days pdor written notice thereof to
Chapter; and all uses being terminated shall cease and Chapter shall peacefully
surrender the Learning Centers and any other areas utilized by Chapter at the
Designated Golf Courses to the City upon the date specified in the notice. In the
event of termination for convenience by City, Chapter shall be entitled to receive as its
sole and exclusive compensation for said termination an amount equal to the prorated
cost of the improvements approved by City and constructed by Chapter under this
Agreement. The cost of the improvements (including the Learning Center) shall be
the lesser of (1) the actual out-of-pecker cost of construction or (2) the amount specified
Page 3 o[ 20
in Chapter's request to construct improvements approved by the Director. The
prorated amount shall be calculated using a fraction, the numerator of which is the
remaining unexpired number o[ years of the original term of the Agreement at the time
of termination and the denominator of which is ten (10) years.
2.03 Designated Golf Courses. Chapter may, from time to time designate to City
City-owned golf courses at which it wishes to offer its Program. Said designation shall
identify the course(s) to be covered, an estimated timetable for beginning of Program
offering, improvements, if any, Chapter anticipates making to the course, including,
without limitation, construcldon of any Learning Center, and any other information that
Director might reasonable request to enable Director to evaluate the proposal. Upon
Director's written approval said requested course(s) shall be a "Designated Golf
Course" for purposes ol: this Agreement.
Chapter has requested and Director approves Gabe Lozano Sr. Golf Center as the
Designated Golf Course, subject to the I=oliowing requirements: Chapter shall furnish
to Director the following information: (1) an estimated timetable for beginning of
Program offedng; (2) improvements, if any, Chapter anticipates making to this
Designated Golf Course, including, without limitation, construction of any Learning
Center, and (3) any other information that Director might reasonable request.
2.04 Permitted Use. Chapter may develop, offer and conduct its Program of
providing training in golf and life skills to Corpus Chdsti area youth at the Designated
Golf Courses as provided by this Agreement. Chapter acknowledges that the
Designated Golf Courses are dedicated public parks. Therefore, Chapter's activities
on the Designated Golf Courses shall comply with all applicable laws, regulations, and
policies applicable to public parks. In addition, Chapter's use of the Designated Golf
Courses is non-exclusive and subject to the Existing Contracts.
2.05 Prohibited Uses. Chapter shall not use any portion of the Designated Golf
Courses, or permit the Designated Golf Courses to be used, (a) contrary to any
statute, rule, order, ordinance, requirement, regulation and course rules applicable
thereto or (b) in any manner which would (i) violate any certificates o[ occupancy or
permit affecting same, (ii) cause structural injury to then existing improvements, (iii)
cause the value or usefulness of the Designated Golf Courses, or any part thereof, to
diminish, (iv) constitute a public or private nuisance or waste, or (v) be immoral or
obscene or a threat to the welfare of the general public. Without in any way limiting the
provisions of Section 2.04, Chapter shall not use the Designated Golf Courses in any
manner that would render the insurance thereon void or the insurance dsk more
hazardous.
III. AS IS, WHERE IS, AND WITH ALL FAULTS; DISCLAIMER AND WAIVER
Chapter acknowledges and agrees that its use of the Designated Golf Courses is and
shall be stdctly on an "as is, where is, with all faults" condition and basis and subject to
the Existing Contracts, matters of record, all easements, rights-of-way, prescriptive
dghts, whether of record or not, affecting the Designated Golf Course and zoning.
Page 4 of 20
Chapter acknowledges and agrees ~hat City has not made, does not make, and
specifically negates and disclaims any representations, premises, covenants,
Agreements, guaranties or warranties of any kind or character whatsoever, whether
express of implied, oral or written, past present or future, as to, conceming or with
respect to (a) the value, nature, quality or condition of the Designated Golf Courses,
(b) the benefit to be dedved from the Designated Golf Courses, (c) the suitability of the
Designated Golf Courses for any and all activities and uses which Chapter may
conduct thereon, (d) the compliance of the Designated Golf Courses or their operation
with any laws, rules, ordinances or regulations of any applicable governmental authority
or body, (e) the suitability or fitness for a particular purpose of the Designated Golf
Courses, (f) the manner or quality of the construction or materials, if any, incorporated
into the Designated Golf Courses, (g) the manner, quality, state of repair or lack o[
repair of the Designated Golf Courses, and (h) any ether matter with respect to the
Designated Golf Courses; and specifically, that City has nol made, does not make
and specifically disclaims any representations regarding compliance with any
environmental protection, pollution or land use laws, rules, regulations, orders or
requirements, including the existence in or on the Designated Golf Courses of
hazardous materials. Chapter further acknowledges and agrees that Chapter will rely
solely on its own investigation of the Designated Golf Courses and not on any
information provided or to he provided by City. Chapter further acknowledges and
agrees that any information provided or to be provided with respect to the Designated
Golf Courses was obtained from a vadety of sources and that City has not made any
independent investigation or verification of that information and makes no
representations as to the accuracy or completeness of that information. City is not liable
for or hound in any manner by any verbal or wdtten statements, representations or
information pertaining to the Designated Golf Courses, or the operation thereof,
fumished by any real estate broker, agent, employee, servant or other person. The
term "hazardous materials" as used in this section shall mean any hazardous materials
or hazardous substances as defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, the Texas Hazardous Substances
Spill Prevention and Control Act, as amended, the Resource Conservation and
Recovery Act of 1976, as amended, and regulations promulgated thereunder.
IV. CHAPTER'S USE OF THE DESIGNATED GOLF COURSES
4.01 Coordination With Head Golf Pro. Upon designation by Chapter and approval
by the Director of a particular City-owned golf course as the Designated Golf Course,
it shall be Chapter's obligation to coordinate all aspects of its proposed Program for
said Designated Golf Course with the Head Golf Pro for said course. Said
coordination shall include, without limitation, scheduling of class and practice range
times, number and frequency of class sessions, number of participants per class
session, on site storage of equipment, if available, holding of special events,
advertising, and display and dissemination of promotional materials concerning the
Program, parking and secudty for the Program and fees for practice range balls/use,
etc. In this regard City and Chapter acknowledge and agree to achieve the
coordination and Program features described in Exhibit "A" attached hereto and
incorporated herein for all purposes, with the Head Golf Pro(s). City agrees to use
Page 5 of 20
reasonable good faith efforts to encourage, support and facilitate said coordination and
Program features between Chapter and the Head Golf Pro for any particular
Designated Golf Course. Notwithstanding the foregoing, Chapter acknowledges that
City will not unilaterally commit the Head Golf Pro and that Chapter bears ultimate
responsibility to work out all the details with the particular Head Golf Pro in accordance
with the terms of this Agreement.
Before beginning its Program at any particular Designated Golf Course, Chapter shall
provide the Director with written confirmation from it and the Head Golf Pro that said
details have been arranged to their mutual satisfaction and is consistent with the terms
in Exhibit A.
4.02 Chapter's Responsibilities in the Operation of its Program at the
Designated Golf Courses.
Chapter shall, at its sole cost and expense:
(a)
Provide qualified personnel, supplies and equipments, and any expenses and
necessary fees for its Program;
(b) Recruit and register participants for its Program;
(c)
Transport or arrange for transport of the participants to and from the
Designated Golf Courses;
{d)
Dudng scheduled Program times, adequately supervise and control its
participants at the Designated Golf Course; including, without limitation,
ensudng some minimum level of proficiency of padicipants playing the rounds
of golf described in Exhibit A to avoid unreasonable delay, disruption of and
interference with other players on the courses;
(e)
If a Learning Center is constructed in accordance with this Agreement,
operate, manage and maintain the Learning Center in good, safe, attractive
and effmient conditions and in accordance with all applicable laws;
(f)
Provide, set up and store all required equipment for its Program (including
golf balls, dubs and gloves) and maintain the same in good, safe, attractive
and efficient working condition at all times;
(g)
Provide and maintain special facilities and accommodations ['or handicapped
participants of its Program as required by law;
(h)
Fully comply with City's HUB Good Faith Effort Plan, as amended, plan in
hidng and contracting with historically underutilized local businesses, certified
by City, in Chapter's use and operation at the Designated Golf Courses;
Page 6 of 20
{i)
Promptly undertake and accomplish all maintenance and repairs necessary to
prevent any deterioration or waste to any Chapter occupied areas of the
Designated Golf Course including the Leaming Center,
(J)
Make every effort to encourage, promote and ensure the participation of
underprivileged youth and youth of all gender and ethnicities in the Program;
(k)
Pay all management, maintenance, repair, and operating expenses, and all
other costs relaQng and altdbutable to any Learning Center and its Program;
ti)
Pay or caused to be paid when due all charges for utilities and services
attributable to its use of the Learning Center at the Designated Golf
Courses; -
tm) Maintain or cause to be maintained all necessary licenses, permits,
IYanchises, if any, and authorizations for its operation and Program;
(n)
Pay all legally due taxes and assessments, if any, attributable to its operation
under this Agreement. In no event shall City be obligated to pay any tax or
assessment or any portion thereof levied or created during the term of the
Agreement, irrespective of whether the tax or assessment or any portion
thereol~ was specifically allocated to City's interest therein. All payments by
Chapter of taxes and/or assessments shall be made by Chapter on or before
thirty (30) days before the last day on which the payments may be made
without penalty or interest. Upon City's request, Chapter shall furnish to City
receipts or other appropriate evidence establishing the payment of these
amounts;
(o)
When applicable, promptly undertake and complete the construction of the
Learning Centers at the applicable Designated Golf Courses in accordance
with Article V. of this Agreement;
(p)
Not enter into any conlracts or provide any product or service that will
compete with Head Golf Pros' dghts, use and privileges without the Head
Golf Pros' pdor written consent;
(q)
Expressly stale in any Chapter contracts involving the Designated Golf
Courses that those contracts are subject to this Agreement;
(r)
Upon termination of the Agreement, cease its use of the Designated Golf
Courses, leaving same in substantially the same and as good a condition as
before the use, unless otherwise agreed in wdting by the Director.
4.03 City's Responsibilities. City is not required or obligated to make any changes,
alterations, additions, improvements, or repairs in, on or about the Designated Golf
Courses. Further, City is not required or obligated to negotiate with the Head Golf Pro
[or Chapter's activities at the Designated Golf Course.
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Page 7 of 20
4.04 Budgets, Financial Records and Audits. Chapter shall keep and maintain
true, complete and accurate financial records pertaining to this Agreement dudng the
term hereof and shall maintain the same for five yearn following the termination of the
Agreement. City may review said financial records and back-up documentations upon
request. City is hereby granted the right to inspect and audit the records at Chapter's
office dudng any normal business hours. In addition, Chapter shall fumish true and
correct copies of any annual or quarterly financial reports (balance sheets, statements
of operation, cash flow statements, etc.) it may generate from time to time_
4.05 Acknowledgements in Printed Materials. Chapter agrees to acknowledge the
City [or its support in all appropriate pdnted materials. The Director reserves the dghts
to review and approve, in whole or in part, the form ol' the acknowledgements which
Chapter proposes to include in any pdnted materials.
V. CHAPTER'S CONSTRUCTION OF IMPROVEMENTS AT THE DESIGNATED
GOLF COURSE
5.01 Chapter's Improvements. Chapter may, from time to time, request permission
to make physical improvements to the Designated Golf Course, including without
limitation construction of a Learning Center, practice areas, and other facilities. Said
requests shall be made in writing to the Director, with copy to the Head Golf Pro for
the affected course. The request shall contain a description o[ the proposed
improvements; their location; their estimated cost; proof of available funding; a
proposed construction schedule; and designs, plans and specifications, where
appropriate. Chapter will not undertake construction of any physical improvements
without the pdor written approval ol: the Director.
5.02 Review of Construction Documents. All designs, plans and specifications
(and amendments thereto) for the construction of any improvements by Chapter must
be reviewed and approved in wdting by the Director, prior to commencement of any
work. If the Director fails to approve or inform Chapter of the need for additional time
for review in writing within 30-day period of his receipt, City shall be deemed to have
denied the designs, plans and specifications as submitted.
City's review of any designs, plans or specifications is solely for City's own purposes,
and City does not make any representation or warranty concerning the appropriateness
of any designs, plans or specifications for any purpose. City's approval of (or failure to
approve) any designs, plans and specifications shall not render City liable for same,
and Chapter assumes and shall be responsible for any and all claims adsing out of or
[rom the use of the designs, plans and specirm_.a/ions.
Chapter shall provide at least three sets of construction documents to Director.
Chapter shall also furnish City with complete as-built drawings within sixty (60) days
after construction is complete. The as-built drawings shall be in both full size and
reproducible formats.
Page 8 of 20
5.03 Permits and Other Approvals. All building permits, certificates of occupancy,
and other permits, licenses, permissions, consents, and approvals required to be
obtained from govemment agencies or third parties in connection with construction,
occupancy and uses of any improvements constructed by Chapter shall be acquired as
required by applicable laws, ordinances, or regulations by and at the sole cost and
expense of Chapter and Chapter shall fumish City evidence thereof.
5.04 City Required Bonds and Insurance during Construction. All construction
contracts entered into between Chapter and its contractor(s) for improvements shall
require performance and payment bends and minimum insurance requirements
(including all-dsk buildem dsk insurance) in the form and amounts normally required by
City for construction projects of similar magnitude. Each performance and payment
bond shall name Chapter and City as joint obligees. The contracts shall also require
the contractor(s) to name City and Chapter, their officers, agents and employees, as
additional insureds and as indemnitees under the indemnification, defense and hold
harmless provisions of the construction contracts, in a form substantially similar to that
found in Section 7.01 Indemnification. The contractor(s) shall also be required to
name City, and Chapter, their officers, agents and employees, as additional insureds
on all liability insurance policies required for the new improvements. Further, all
Chapter's construction contracts shall include a term stating that the contract shall be
subject to this Agreement.
5.05 City's Right to Observe and Inspect During Construction. Dudng the
construction, City shall have the right (but not the obligation) to observe and inspect
work performed by any contractor(s). During construction, Chapter's construction
manager, engineer and/or architect, if any, shall be accessible to City at all times and
shall provide sufficient on-site representatives, construction administrators and/or
inspectors to assure that the construction will be completed in accordance with the
approved plans and specifications.
5.06 Construction Scheduling. Chapter shall provide the Director and the Head
Golf Pros with advanced written notification of construction scheduling and will
schedule all work so as to avoid conflict with events at the Designated Golf Courses.
5.07 Site Security and Securing Construction Materials. Chapter and its
contractors and subcontractors shall be solely responsible for construction site security
and secudng construction tools, equipment, supplies and materials when left on City
property.
5.08 City's Good Faith Effort Plan. Chapter, and its engineers, architects,
contractors and subcontractors shall adopt good faith efforts in compliance with the
City's HUB good faith effort plan in hidng and contracting with historically underutilized
local businesses certified by City.
5.09 Construction Standards. Chapter shall perform the construction work
contemplated by this Agreement or cause it to be performed in a good and
workmanlike manner and in compliance with all applicable laws and regulations of all
Page 9 of 20
govemmental authorities having jurisdiction. Chapter shall promptly correct or replace
any defective work, including any portion of the construction not performed in
substantial accordance with the plans and specification, without cost to City. Chapter
shall also furnish to City, if applicable, copies of Certificates of Occupancy or other
similar documents issued to certify completion of construction in compliance with
applicable requirements. Notwithstanding the foregoing the Director may request a
walk-through inspection and equipment testing to confirm substantial completion of
improvements constructed by Chapter, and Chapter, its amhitect, construction
manager, representatives and/or contractor(s) shall attend if requested. Chapter will
promptly remedy or cause to be remedied any deficiencies identified by City's
inspection and/or testing.
5.10 Mechanic's Liens. Chapter shall not permit any claim of lien made by any
mechanic, materialman, laborer, or other similar liens to stand against any Designated
Golf Course for work or materials furnished in connection with any construction,
maintenance or repair thereof made by, or on behalf of Chapter or any contractor,
agent or representative of Chapter. Chapter shall cause that claim of lien to be fully
discharged no later than ten (10) days after the date of filing thereof; provided, however,
that in the event Chapter, in good faith, disputes the validity or amount of that claim of
lien, and if Chapter shall give to City the secudty that City may reasonably require to
insure payment thereof and prevent any attempted sale, foreclosure, or forfeiture of the
improvements, the Designated Golf Course or any portion thereof by reason of the
nonpayment, Chapter shall not be deemed to be in breach of this section so long as
Chapter is diligently pursuing a resolution of the dispute with continuity and, upon entry
of final judgment resolving the dispute, if litigation or arbitration results therefrom,
immediately discharges said lien claim.
5.11 Fee Simple Title to City. The parties acknowledge that fee simple title to any
improvements constructed or located on a Designated Golf Course by Chapter in
accordance with this Agreement shall automatically vest in City without any further
action by either party hereto, free and clear of all liens and other encumbrances adsing
by, through or under Chapter. and Chapter agrees to take no action before, during or
alter construction that would prejudice City's ability to secure clear fee simple title to
said improvements.
5.12 Fixtures, Personal Property, and EquipmenL Chapter may place or install at
a Learning Center the personal property, removable fixtures and equipment as
Chapter shall deem desirable for its operation. Personal property, removable fixtures,
and equipment used in the conduct of activities by Chapter (as distinguished from
fixtures and equipment used in connection with the operation and maintenance of the
building) placed by Chapter in, on or at the Learning Center shall not become part of
the real property, even if nailed, screwed, or otherwise fastened to the improvements or
building, but shall retain their status as personal property ("personalty"). If requested by
City, Chapter shall submit to the Director a list o[ its personalty for approval. Personalty
may be removed by Chapter at any time, so long as Chapter is not in default under this
Agreement and so long as any damage to the Learning Center occasioned by the
removal is thereupon repaired. All other fixtures and improvements constructed,
Psge 10 of 20
located or installed upon the Learning Center shall be deemed to become pad of the
real property and shall become the sole and exclusive property of City, free of any and
all claims of Chapter or any person or entity claiming by or through Chapter. In the
event Chapter does not remove Chapter's personalty that it is permitted by this section
to remove from the Learning Center within ten (10) days following the termination of
the Agreement, City may treat said personalty as abandoned and retain the same and
treat it as part of the Learning Center or have it removed and stored at Chapter's
expense_ Chapter shall promptly reimburse City for any damage caused to the
Learning Center by tho removal of personalty whether removal is by Chapter or City.
Any modular building placed by Chapter on a Designated Golf Course shall be
considered personalty and removable by Chapter provided (i) it was designated as
removable personalty when submitted to tho Director for approval, (ii) the Director
approved installation of said modular building and (iii) Chapter provides adequate
assurance at the time of removal of restoration of the site to its condition before
installation of the modular building. In no event may the cost of or relating to any
modular building pe included in the cost ol= improvements used in'the calculations
provided in Sections 2.02 and 8.03 or' this Agreement.
5.13 Construction Warranties. Chapter shall formally assign to City all warranties
and warranty obligations of the contractor(s) and equipment manufacturers for
improvements; provided, however, correction of defective work as provided in this
Agreement shall not by that assignment become tho responsibility of City, but shall
remain the responsibility of Chapter and its contractor(s). Chapter shall administer
said warranties dudng the term of this Agreement and City shall reasonably cooperate
with and facilitate Chapter's efforts in this regard. Chapter shall rum over to City
copies of all building systems, training, operation and maintenance manuals for the
Learning Center.
5.14 Repairs and Maintenance. At all times during the term of the Agreement,
Chapter shall, at its sole cost and expense, keep and maintain the Learning Center or
other improvements used pdmadly by Chapter or its Program on the Designated Golf
Courses, in good order and repair, and in a safe, clean, useable, sanitary and attractive
condition. Chapter shall rebuild, restore and repair any damage to a Learning Center
or othor improvements used pdmadly by Chapter and/or its Program. Chapter's duty
to rebuild, restore or repair shall not be conditioned upon the availability of any
insurance proceeds to Chapter_
VI. ADDITIONAL COVENANTS
Chapter shall, at its sole cost and expense:
(a)
In the ordinary course of business, make prompt payments to its vendors,
concessionaires, consultants, contractors and similar parties, provided that
nothing herein shall prevent Chapter from contesting and litigating, in 9ood
faith, any payment alleged to be due to any of those parties;
Page 11 of 20
(b)
Maintain itself in good standing as a Texas non-profit corporation and exempt
under the Internal Revenue Code and associated regulations; and
(c)
Maintain itself as an authorized chapter of, and in good standing with, World
Golf and comply with World Golf's requirements.
VII. INDEMNIFICATION AND INSURANCE
7.01 Indemnification. Chapter agrees to defend, indemnify and hold
the City and its officers, agents and employees, harmless against any
and all claims, lawsuits, judgments, costs and expenses for personal
injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons,
that may arise out of or be occasioned by Chapter's breach of any of
the terms or provisions of this Agreement or by any negligent or
strictly liable act or omission of Chapter or its officers, agents,
employees or contractors, in any way relating to or concerning this
Agreement; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence of
the City, and in the event of joint and concurring negligence of
Chapter and City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the law of the State of
Texas, without waiving any governmental immunity available to City
or defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
7.02 Insurance. Chapter shall obtain and maintain upon commencement of this
Agreement, and during any extension periods, commercial general liability insurance in
connection with its management and operation activities of the Program with minimum
combined bodily injury (including death) and property damage limits of $1,000,000 per
ocourTence, $1,000,000 general aggregate. City and its officers, employees and
elected representatives shall be named as additional insureds. Further, Chapter shall
obtain and maintain from the commencement o[ construction, and continuing thereafter
during the term of this Agreement and any extension pedods, fire and extended
coverage property insurance on the Learning Center(s). Procccds of insurance
resulting from damages to, or destruction of the Learning Center shall be used to
repair or reconstruct the Learning Center as herein provided.
VIII. DEFAULT AND TERMINATION
8.01 Default by Chapter. A "Chapter Default" shall mean the occurrence of one or
more of the foliowin9 events:
Page 12 of 20
(a)
Failure of Chapter to pay when due any monetary amount due to City, and
the continuation of the failure without cure for a period of ten (10) days after
City notifies Chapter of the failure in writing in accordance with the notice
provisions under this Agreement;
(b)
Failure of Chapter to maintain any of the insurance or bonds provided for
herein;
(c)
Failure of Chapter to comply with any other matedal term, covenant, or
provision of this Agreement, and the failure by Chapter to cure the failure
within thirty (30) days after City notifies Chapter in writing of the failure to
comply in accordance with the notice provisions under this Agreement; and
(d)
A receiver or trustee is appointed to take possession of all or substantially all
of the assets of Chapter; or if any action is taken or suffered by Chapter
pursuant to an insolvency, bankruptcy, or reorganization act; or if Chapter
makes a general assignment for the henefit of its creditors; and the
appointment, action, or assignment continues for a period of sixty (60) days.
(e)
Failure of Chapter to (1) maintain its affiliation with Wortd Goff as an
authorized chapter in good standing or (2) comply with Wodd Golf's
requirements.
City shall not he required to give any written notice and opportunity to comply/cure as
provided in this Section 8_01 if the same or a substantially similar event has occurred
and been the subject of written notice twice within the previous twelve (12) month
period.
8.02 Termination and Other Remedies by City upon a Chapter Default. Upon the
occurrence of a Chapter Default, City may pursue any legal or equitable remedy or
remedies, including, without limitation, specific performance, damages, and termination
of this Agreement. Termination or non-termination of this Agreement upon a Chapter
Default shall not prevent City from pursuing any other remedies. Upon termination by
City, City may occupy the Leaming Center and all other areas used by Chapter under
this Agreement, and Chapter shall assign to City any of its contracts and Agreements
requested by City to be so assigned. Chapter contracts and Agreements not assumed
by City shall terminate immediately upon termination of this Agreement. Chapter does
hereby appoint City as its agent and attorney-in-fact for purpose of effecting said
assignment(s), said appointment being coupled with an interest therein. In the event
Chapter fails to pay any of the expenses or amounts or perform any obligation specified
in this Agreement, City may, but shall not be obligated to do so, pay that amount or
perform those obligations and the amount so paid and the cost incurred in said
performance shall immediately be due and payable by Chapter to City and shall
thereafter bear interest at the rate specified in this Agreement.
8.03 City Default and Chapter's Remedies. A "City Default" shall mean failure to
comply with any material provision of this Agreement within thirty (30) days after wdlten
Page 13 of 20
notice of said specific non-compliance and the cure action requested. Chapter's sole
and exclusive remedies for a City Default shall be to either (a) sue for specific
pe~ormance or (b) terminate the Agreement and receive as liquidated damages an
amount equal to the prorated cost of the original improvements approved by City and
constructed by Chapter under this Agreement. The cost of the odginal improvements
(including the Learning Center) shall be the lesser of the actual out-of-pocket cost of
construction and the amount specified in Chapter's request for improvements approved
by the Director. The prorated amount shall be calculated using a fraction, the
numerator of which is the remaining unexpired portion of the original term of the
Agreement at the time of termination and the denominator of which is ten (10)_ In no
event shall City ever be liable to Chapter for exemplary or punitive damages.
IX. GENERAL PROVISIONS
9.01 Assignment by Chapter. Chapter shall not assign or transfer this Agreement
or any interest in this Agreement or any dght herein without the pdor written consent of
City.
9.02 Compliance with Laws. Chapter and every officer, employee, agent, contractor
and any person under Chapter's control shall abide by, conform to, and comply with all
laws of the United States and the State of Texas, and all the ordinances, rules or
regulations o1: City applicable to the design, construction, operation and maintenance of
the Designated Golf Courses (including without limitation, the Clean Water Act).
9.03 Copyright Indemnification. Chapter agrees to assume full responsibility for
complying with the Federal Copyright Law of 1978 (17 U.S.C. 101, et seq.) and any
regulations promulgated hereunder in connection with its activities in the Designated
Golf Courses under this Agreement, including but not limited to, the assumption of any
and all responsibilities for paying royalties that may be due to the copyright owner, or
representative of the copyright owner, for the use of copyrighted works, and Chapter
agrees to indemnify, defend, and hold harmless City, its officers and employees, for any
claims or damages growing out of Chapter's infringement or violation of the Federal
Copyright Law and any regulations promulgated hereunder_
9.04 NondiscrimlnaUon. Chapter agrees that no person shall be denied
participation in its Program because of race, color, sex, age, sexual orientation,
religion, national origin, physical handicap or disability. Chapter further agrees to
comply with applicable laws, adopt good faith efforts and develop an employment
Program in hidng and contracting with historically underutilized local businesses
certified by City; and Chapter shall not discriminate against any applicant for
employment on the basis of race, color, sex, age, sexual orientation, religion, national
odgin, or non-job related handicap or disability. Chapter shall also comply with all
applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-
12213, as amended_
9.05 Notices. Any notice required or desired to be given under this Agreement shall
be in writing with copies directed as indicated herein and shall be personally served or
Page 14 of 20
given by mail. Any notice given by mail shall be deemed to have been given when
deposited in the U.S. mails, cert~ed, return receipt requested, and postage prepaid,
addressed to the party to be served at the last address given by that party to the other
party under the provisions of this Article. Notice given by courier, fax, or other form of
personal delivery shall be deemed given only upon actual receipt. Any change in
address shall be promptly given in writing to the other party pursuant to this notice
provision. The initial addresses for notice are as follows:
City:
City of Corpus Chdsti
At'tn: Director of Parks & Recreation
P. O. Box 9277
Corpus Chdsti, TX 78469-9277
(361) 880-3461
Chapter:
Daniel Florcyk, Executive Director
6838 Everhart Road, Unit 1012
Corpus Chdsti, TX 78413
361- 563-3117
With notice copy to:
Jason Luby, President
5866 S. Staples, #203
Corpus Christi, TX 78413
)hone: 361- 980-1095
9.06 Place of Performance of Obligations and Venue, All obligations of City and
Chapter under this Agreement are payable and perfo~Tnable in Nueces County, Texas,
and venue for any legal actions adsing out of this Agreement shall lie exclusively in
Nueces County, Texas.
9.07 Applicable Laws. This Agreement is made subject to the provisions of the
Charter and ordinances of City, as amended, and all applicable state and federal laws.
This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
9.08 Relationship of the Parties. Nothing contained herein shall be deemed or
construed by the parties hereto, nor by any third party, as crealJng the relationship of
principal and agent or of partnership or joint venture by the parties hereto, it being
understood and agreed that no provision contained in this Agreement nor any acts of
the parties hereto shall be deemed to create any relationship other than the relationship
of licenser and licensee_
Page 15 of 20
No term or provision of this Agreement or act of Chapter, its architect, construction
manager, contractor, subcontractors, officers, agents and employees or any person
under the control of Chapter in the performance of this Agreement shall be construed
as making that person the agent, servant or employee of City, or making that person
eligible for the fdnge benefits, such as retirement, insurance and worker's
compensation, that City provides its employees_
9.09 Severability. In case any one or mere of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, the invalidity, illegality, or unenforceability shall not affect any other provision
thereof and that portion shall be deemed severed from this Agreement and the
remaining part shall remain in full force and effect and the parties shall promptly
negotiate to replace invalid or unenforceable portions that are essential parts of this
Agreement.
9.10 Legal ConstrucUon. This Agreement shall be faidy interpreted in accordance
with its terms and without any stdct construction in favor or against either party hereto
and ambiguities shall not be construed against the drafting party_ All references to
"Paragraphs", "Articles" or "Sections" contained in this Agreement are, unless
specifically indicated otherwise, references to provisions of this Agreement. Whenever
in this Agreement the singular number is used, the same shall include the plural where
appropriate (and vice versa), and words of any gender shall include each other gender
where apprepdate. As used in this Agreement, the following words or phrases shall
have the meanings indicated: (i)"or" means "and/or"; (ii)"include," "including," and
their derivatives means "including without limitation'; and (iii)'laws" means statutes,
regulations, rules, judicial orders, and other legal pronouncements having the effect of
law.
9.11 No Implied Waiver. The failure of any party hereto to insist at any time upon the
strict performance of any covenant or Agreement or to exercise any option, dght, power
or remedy contained in this Agreement shall not be construed as a waiver or
relinquishment thereof for the future. The waiver of redress for any violation of any
term, covenant, Agreement or condition contained in this Agreement shall not prevent
a subsequent act, which would have originally constituted a violation, from having all the
force and effect of an odginal violation. No express waiver shall affect any condition
other than the one specified in such waiver and only for the time and in the manner
specifically stated_
9.12 Cumulative Remedies. Each dght, power, and remedy of City provided for in
this Agreement or now or hereafter existing at law or in equity or by statute or
otherwise shall be cumulative of, concurrent with and in addition to every other right,
power, or remedy provided for in this Agreement or now or hereafter existing at law or
in equity or by statute or otherwise. The exercise or beginning of the exercise by City of
any one or more of the rights, powers, or remedies provided for in this Agreement or
now or hereafter existing at law or in equity or by statute or otherwise shall not preclude
the simultaneous or later exercise by City of any or all of those other dghts, powers, or
remedies.
Page 16 o[20
9.13 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an odginal and constitute one and the
same instrument.
9.14 Captions. Captions and headings of the paragraphs or sections of this
Agreement are for convenience and reference only and shall not affect, modify or
amplify the previsions of this Agreement, and shall not be employed to interpret or aid
in the construction of this Agreement.
9.15 No Third Party Beneficiaries. The provisions of this Agreement are solely for
the benefit of Chapter and City, and not intended to create or grant any rights,
contractual or otherwise, to any employee of either party or to any other person or
entity;, and that employee, other person or entity shall not have any dght of enforcement
of this Agreement or any provision contained herein, that dght of enl~orcement being
exclusively reserved to Chapter and City as the sole parties to, and sole beneficiaries
of, this Agreement_
9.16 Late Charge and Interest. In the event Chapter fails to make any payment to
City due under this Agreement upon the date due, City shall be entitled to collect from
Chapter a late charge for each delinquent payment as required by the City Code, as
amended. In the event City pays any sum or incurs any expense that Chapter is
obligated to pay under this Agreement, or that is made on behalf of Chapter, City shall
be entitled to receive reimbursement thereof from Chapter upon demand, together with
interest thereon from the date of expenditure at the lesser of eighteen percent (18%) per
annum or the maximum rate allowed by applicable law to be charged by City er
Chapter. Notwithstanding the foregoing provisions, any interest provided herein shall
not exceed the maximum amount of nonusudous interest that may be contracted for,
taken, reserved, charged, or received under law. Any interest in excess of the
maximum amount shall be credited to the amounts otherwise owed under this
Agreement, or if none is owed, refunded. This prevision overrides any conflicting
provision in this Agreement.
9.17 Time of Essence. Time is expressly declared to be of the essence of this
Agreement and each and every covenant hereunder.
9.18 Entire AgreemenL This Agreement embodies the complete Agreement of the
parties hereto, superseding all oral or written previous and contemporary Agreements
between the parties and relating to matters in this Agreement, and except as otherwise
provided herein cannot be modified without written Agreement of the parties to be
attached to and made a part of this Agreement.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
Page 17 o[20
EXECUTED IN DUPLICATE, each of which will be considered an original, on this
the day of ,2005, by City, signing by and through its City
Manager duly authorized to execute same by Ordinance No. , adopted by the
City Council on the __ day of ,2005, and by Chapter, acting through its duly
autbedzed officials. As required by City Charter, the effective date (
) is the 61s~ day after the adoption by City Council on second and
final reading of the ordinance authorizing the execution of this Agreement.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe. City Manager
.,z~D AS TO LEGAL FORM -1'4'February 2005_
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attomey
For City Attomey
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day o[
2005, by George K. Noe, as City Manager, or
City Manager's designee, as Assistant City Manager, of the City of Corpus Chdsti,
Texas, a Texas home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
Pdnted Name
Page 18 of 20
CHAPTER:
THE TIGER OLIVAREZ GOLF AND LITERACY ACADEMY', INC.,
a Texas non-profit corporation, qualified as a
501~rganizat~,~er 26 U.S~ect~n 501 (c) (3)
Pdnt~-~Name: ~ ~'A..-v/ g/Z' ~ -~
Title: President
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged be[ore me on '~[-c~z~ ~'5" ,2005, by
~c~.o ~ ~d~_, L~p.. , President'~o{ THE TIGER OLIVARF_Z
GOLF AND LITEFr. ACT- ACADEMY, INC., a Texas non-proM corporation, on behalf of
said corporation.
Notary Public, State of Texas
~ Q~/_ Pdnted Name
My Commission Expires: '-~].~ cZ. ~ L~, ~-~ ~'
~.,~ ~ J*J state d Texas
Page 19 of 20
EXHIBIT "A"
COORDINATION AND PROGRAM FEATURES
Chapter's programs at a Designated Golf Course will be coordinated through the
Head Golf Pro. Coordination and program features will include the following:
1. Chapter shall have a minimum of 250 hours of instructional time per year at the
Designated Golf Course, excluding the regulation 18 hole course.
Clinics and classes will be scheduled by Chapter's director of programming
directly with the Head Golf Pro. In order to ensure the minimum 250
instructional hours per year, Chapter shall submit its program schedule request
by January 1 of each year for approval by the Head Golf Pro.
The ratio of instructors (including staff and volunteers) to participants shall be a
minimum of one instructor for every ten youth participants (1:10), unless
specifically approved by the Head Golf Pro.
Chapter director of programming and/or the Chapter's designated staff and
volunteers will provide golf and life skills instruction to participants; and the
instructors may include those from the Designated Golf Course, other area
courses and the South Texas PGA.
5. Driving range use fees for Chapter participants shall be offered at an appropriate
discounted pdce as agreed by Director.
Chapter participants will be provided a Chapter card to enable them to enjoy the
privilege of discounted play at the Designated Golf Course subject to certain
policies and restrictions as follows:
a. Chapter will provide participants with appropriate training and orientation with
respect to course rules and golf etiquette pdor to course play.
It is requested to call in advance to confirm course availability. All play is subject
to toumaments and other events that may be scheduled from time to time at a
particular course.
All times that Chapter will be using the course, driving range or clubhouse
facilities shall be coordinated in advance with the Head Golf Pro. City will
provide up to sixteen (16) certification rounds o[ golf at no cost for each qualified
Chapter youth participant wishing to obtain certification under Chapter's
curriculum. Dudng certification rounds, Chapter will provide one (1)adult
volunteer per four (4) youths. Volunteers will be non-playing, and no fees will be
assessed dudng the certification rounds.
d. For all other rounds not in conjunction with either instructional or certification
rounds, (1) junior fees shall be charged and (2) except for Chapter participants
Page 20 of 20
certified at the Champion, Eagle, Birdie, or Par level, one adult companion per
one to four youths is required while playing on the course.. Adult companions
pay the late twilight green fee at the time o1' play.
June through August, Monday - Thursday, 11 am - 3 pm, green fees are waived
for junior participants, and the adult companions pay the late [wilight green fee at
the time of play.
All play is subject to all course rules and good goff etiquette. Director or the
Head Golf Pro may revoke and/or modify said playing privileges for any
participant at any time for just cause.
These rounds of golf for Chapter participants are not transferable to any other
golfer. Neither Chapter nor its participants shall have any property dgh[ in or to
said rounds of golf.
As requested by the Head Golf Pro, the Chapter director of programming will
provide the Head Golf Pro a roster of all Chapter participants and keep that
roster continuously updated.
25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2005
AGENDA ITEM:
Together with the CRies Aggregation Power Project, Inc. ("CAPP"), STAP is one of the largest
electric aggregation groups in Texas_ CAPP and STAP have more than 120 member cities,
repxesenting 13,000 municipal accounts. Total electric consumption of the two groups is aronnd l_2
billion kWh armnally. STAP has served as a vehicle to increase cities' ability to navigate the newly
deregulated market and bargain for the best rates and contract terms. STAP members enjoy the
benefits o f favorable contractual terms and a negotiated commodity rote thai has pro&~_ _ced savings for
its members for the past three years collectively averaging approximmely 25 percent compared to
what members would have paid according to the Price to Beat rates.
As an active market participant, STAP is in the unique position to identify problems that have
developed in the deregulated marketplace. In order to ensure thai the Texas retail electric market is a
truly competitive market with low prices throughout Texas, STAP has created a legislative agenda
that aims to encourage competition by limiting market power, elimirmting cost shifting, and creating
competitive options for all customers.
The STAP Board, made up exclusively of City representatives, requests that the City Council
pass the attached resolution endorsing STAP's legislative agenda.
Attachments:
(D~partrnent Head Signatur~i
RESOLUTION
OF THE CITY OF CORPUS CHRISTI, TEXAS ENDORSING CERTAIN
LEGISLATIVE CHANGES TO S.B. 7, TEXAS' ELECTRIC DEREGULATION
BILL, SUPPORTED BY SOUTH TEXAS AGGREGATION PROJECT, INC.
WHEREAS, the City of Corpus Christi, Texas, (City), has historically been active in the
process of regulation of electric utilities; and
WHEREAS, the City is a member of South Texas Aggregation Project, Inc. (STAP), and
as such, made a decision to join with more than 40 other cities to switch its municipal
electric accounts from its incumbent provider to a retail electric provider; and
WHEREAS, STAP's experience with the deregulated market and contracts with several
different retail electric providers has indicated that the Texas electdc retail market has
not developed into a truly competitive market as envisioned by Senate Bill 7 (SB7) in
part because the Electric Reliability Council of Texas (ERCOT) current system of
congestion zones allows some market participants to control generation capacity within
a given zone; and
WHEREAS, retail electric price competition has not successfully reached residential
customers in Texas communities with populations less than 40,000 in rural South
Texas; and
WHEREAS, the formula established by SBT to determine the amount to be paid to
cities for electric [ranchise fees is based upon information from 1998 and does not
account for any increases to keep up with inflation, impacting municipalities' revenue
and budgets; and
WHEREAS, the Public Utility Commission of Texas is considering implementing a nodal
market design in ERCOT that would, as currently contemplated, harm economic
development in South Texas by directly assigning congestion costs based on
geographic locations in the state, instead o1: the current method, which spreads costs
throughout the state; and
WHEREAS, the City endorses efforts proposed by STAP to modify the electdc
deregulation legislation to improve congestion, implement the original intent ol~ SB7 and
reduce costs to the City and ils residents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the following legislative reforms endorsed by STAP to limit market
power, prevent cost shifting between geographic areas of the state, create effective
citizen aggregation and permit annual adjustments to municipal franchise fees are
supported by the City:
A. Require Ihat ERCOT function as one zone or limit the ownership and control
March 8, 2005 STAP resolution DOC
2
of generation within functional markets (ERCOT zones) and require further
Commission action to mitigate market control
B. Authorize citizen aggregation projects that will permit cities and towns with
populations less than 40,000 to aggregate the load of all of their residents that
have not specifically asked to be excluded from the aggregation project.
Changing citizen aggregation from "opt-in" to "opt-out" will enhance the
opportunities for rural residential customers to benefit from deregulation and
benefit the entire state by increasing competition.
C. Tie escalation of electric franchise fee amounts to the Consumer Price Index
by permitting municipalities to annually adjust franchise fee amounts by one-half
of the annual change to the consumer price index, mirroring a provision already
in law for telecommunications franchise fees.
D. Oppose any cost allocation system of nodal pricing costs that would directly
assign congestion costs in a manner that is detrimental to economic
development. If nodal pricing is instituted, congestion costs should be spread to
the entire ERCOT service area rather than increasing electric costs for
customers in certain regions of Texas.
SECTION 2. A copy of this resolution shall be sent by the Office of the City Secretary
to the elected lawmakers representing the interests of the City of Corpus Christi, Texas
in the Texas House and Senate and to the STAP legal counsel.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ::;2... day of
By: Lisa Agui~a~'~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
,2005.
March 8, 2005 STAP resolulion DOC
Corpus Christi, Texas
__day 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
3
March 8 2005 STAP resolu[ion DOC