HomeMy WebLinkAboutAgenda Packet City Council - 03/22/2005CITY COUNCIL AGENDA
MARCH 22, 2005
Corpus Ch risti
Ail-America City
11:45 a.m. - Proclamation declaring the month of March as 'Irish History Month' PmcJamaflofl decJadng the month o! March aa "Women's History Month'
Transporla~on Security AdmlnlsbatJon {'rsA) IXeSentab~on of the Spirit ot Cooperation Award
P~senLalJon ol= Corpus Christi Flag by Speclall~ Marlo Gomez, United States Army Reservist, b3 Mayor Neal and
Council on behalf of the men and women who served and am currentJy serving In Ihe Middle East and e~peclally [or
those who selflessly gave their lives [or their counby
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 22, 2005
'10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the pcdium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or ether information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree qua su ingl~s es limitado, habr~ un int&rprete ingl~s-espa[1ol en todas las juntas
del Concillo pare ayudarte.
Persons with disebililJes who plan to atfend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that apprepdate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Mark Behrendt, Galilean Lutheran Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Naal, Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Brant Chesney
JavJer Colmenero
Melody Cooper
Henry GarTett
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
March 22,2005
Page 2
E. MINUTES:
1. Approval of Regular Meeting of March 8, 2005. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Airpod Board
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items ara listed as
motions, rasolutions, or ordinances. If deemed appropriate, the City
Council will use a differant method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency meesura rather
than a two reading ordinance; or may modify the action specified. A
motion to raconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting; such agendas ara incorporated
herain for reconsideration and action on any reconsiderad item.
CONSENT AGENDA
Notice to the Public
The following items ara of a routine or administrative nature. The Council has
been furnished with background and support material on each item, ancYor it has
been discussed at a pravious meeting. All 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 remaining items will be adopted
by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At ~his point the Council will vote on all motions, resolutions and o~linance$ not
removed for individual consideration)
.8.
Ordinance approving transfer of $8,370.23 from Water Fund No.
4010, $3,472.36 from Wastewater Fund No. 4200, and $36.55 from
Gas Fund No. 4130; to an appropriating in General Fund No. 1020
for Central Cashiering Surveillance System; amending Budget
adopted by Ordinance No. 025878 to increase revenues and
appropriations by $11,879.14 each. (Attachment # 3)
CITY COUNCIL
PRIORITY ISSUES
(Re[er to legend at the end ~ the
agenda summary)
Agenda
Regular Council Meeting
March 22, 2005
Page 3
3.5.
Motion approving the purchase of a surveillance system for Central
Cashiering from Total Protections Systems, Inc., of Corpus Chdsti,
Texas in the amount of $36,551.21 based on the Cooperative
Purchasing Agreement with the State of Texas, Funds are
available in the Water, Wastewater and Gas Utility Funds and
Central Cashiering Operations Budget for FY 2004-2005.
(Requires 2/3 Council Vote) (Attachment # 3)
Motion approving a supply agreement for approximately 400,000
gallons of emulsified polymedzed asphalt (HFRS-2P) in accordance
with Bid Invitation No. B1-0067-05 with Koch Materials Company,
of Corpus Chdsti, Texas based on only bid for an estimated annual
expenditure of $472,000_ The term of the supply agreement 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. Funds have been budgeted by
Street Services in FY 2004-2005. (Requires 2/3 Council Vote)
(Attachment # 4)
Motion approving the purchase of body armor protective vests from
Manny Trevino Enterprises, of San Antonio, Texas in accordance
with Bid Invitation No. B1-0025-05 based on Iow bid meeting
specifications for the total amount of $-!.d,037.36. Funds are
available from the Law Enforcement Trust Fund. (Requires 2/3
Council Vote) (Attachment # 5)
Resolution authorizing the City Manager or his designee to execute
an Intedocal Agreement between the City of Corpus Christi, Texas
(City) and Nueces County, Texas (County) to establish terms for
shadng funds from the 2005 Edward Byme Memodal Justice
Assistance Grant (JAG) Program Award and approving the
submission of a grant application in the amount of $258,284 to the
United States Depar[ment of Justice, Bureau of Justice Assistance,
for funds available under the FY 2005 JAG Grant, whereas 50% of
funds received under said grant will be retained by the City and
50% will be distributed to the County; all funds to be used by
Corpus Chdsti Police Department and Nueces County dudng FY
2005-2006 for the enhancement of law enforcement. (Requires
2/3 Council Vote) (Attachment # 6)
CITY COUNCIL
PRIORITY ISSUES
(Refer [o legend at I~e end of
agenda summa~)
Agenda
Regular Council Meeting
March22,2005
Page 4
10_
11.a.
11.b.
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of State Health Services
(DSHS) in the amount of $89,782 for diabetes prevention and
management services. (Attachment # 7)
Ordinance appropriating a grant from the Texas Department of
State Health Services (DSHS) in the amount of $89,782 in the No.
1066 Health Grants Fund for diabetes prevention and management
services. (Requires 2/3 Council Vote) (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
Change Order No. 7 to a contract with Jalco, Inc., of Houston,
Texas in the amount of $233,309.66 for the Northside/Port Area
Infrastructure Improvements. (Requires 2/3 Council Vote)
(Attachment # 8)
Motion authorizing the City Manager or his designee to execute
Change Order No. 1 to the contract with Barcom Commercial, Inc.,
of Corpus Chdsti, Texas in the amount of $52,270 for installation of
an irrigation system and hydromulch seeding for the Police and
Fire Public Safety Training Facility, Phase 1.(Requires 2/3
Council Vote) (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
Change Order No. 5 to the contract with Barcom Commercial, Inc_,
of Corpus Chdsti, Texas in the amount of $27,968.60 for the City
Hall Renovation and Space Utilization_ (Requires 2/3 Council
Vote) (Attachment # 10)
Ordinance appropriating $3,682.45 from interest earnings into the
Street 1995 B Capital Improvement Program Fund No. 3538 for the
Advanced Fund Agreement Sidewalk Accessibility Improvement
Project with Texas Department of Transportation (TxDOT);
amending the Capital Budget adopted by Ordinance No. 025647 by
increasing appropriations by $3,682.45. (Requires 2/3 Council
Vote) (Attachment # 11)
Motion authorizing the City Manager or his designee to increase the
escrow amount of the Advanced Funding Agreement with the
Texas Department of Transportation (TxDOT) in the estimated
amount of $216,355.10 for construction of barrier free ramps and
CITY COUNCIL
PRIORI'FY ISSUES
(Refer to legend at Ihe ~ of
agenda summary)
Agenda
Regular Council Meeting
Mamh 22,2005
Page 5
12.
13.
14.
15.
16.
sidewalks at selected street locations associated with the Sidewalk
Accessibility Improvements project. (BOND ISSUE 2000)
(Attachment # 11 )
Motion authorizing the C~"y Manager or his designee to execute
Amendment No. 4 for construction and management services with
Anderson Group Construction Management, Inc., of Corpus Chdsfi,
Texas in the amount of $750,000 for vadous Capital Improvement
Projects associated with the 2005 Capital Budget. (Requires 2/3
Council Vote) (Attachment # 12)
Motion authorizing the City Manager or his designee to execute
Change Order No. 5 with the Construction Manager at Risk
contract with Fulton/Coastcon and Hunt Construction Group, Joint
Venture, of Corpus Chdsti, Texas and Indianapolis, Indiana in the
amount of $297,004 for installation of additional improvements at
Whataburger Field and increasing the Guaranteed Maximum Pdce
to $23,090,826 for construction for the Professional Minor League
Baseball Stadium. (Requires 2/3 Council Vote) (Attachment
# 13)
Ordinance rescinding Ordinance No_ 025965 which authorized the
abandoning and vacating of a 27,082-square foot portion of an
undeveloped and unsurfaced 60 foot wide dedicated public right-of-
way (Seabreeze Drive) extending 451 linear feet north of South
Padre Island Drive, out of Lot A, Block 2 and Lot A, Block 3,
Southbay Addition Annex. (Ordinance No. 025965 was approved
by Council on September 21, 2004) (Attachment # 14)
Ordinance abandoning and vacating a 9,498.10-square foot portion
of a 10-foot wide utility easement out of Lot 1, Section 2, Nueces
River Irrigation Park, located south of Northwest Boulevard (Farm-
to-Market Road 624), west of County Road 69; subject to
compliance w~th the specified conditions. (Attachment # 15)
Motion to amend Ordinance No. 026123 ordedng a General
Election by amending Attachment B Mobile Voting Schedule to
provide for Mobile Voting at Island Presbyterian Church, 14030
Fortuna Bay. (Attachment # 16)
CITY COUNCIL
PRIORI'FY ISSUES
(Ref~ ID legend at Ule end o~
agenda summary)
Agenda
Regular Council Meeting
March 22,2005
Page 6
17_
18_a.
Motion approving the application from the Buccaneer Commission
to temporarily close the following street sections for the 4~h Annual
"Buc Days BBQ Challenge and Rodeo" Festival, April 7, 2005
through Apd117, 2005, and the annual Buccaneer Days Carnival.
(Attachment fi 17)
1. The temporary street closures of both legs of Shoreline
Boulevard, northbound and southbound from the north side of
Power Street to the South Texas Art Museum for the 4 "' Annual
Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m., April
7, 2005 to 4:00 p.m., Apd117, 2005.
2. Additionally, Palo Alto and Fitzgerald Streets from southbound
Shoreline Boulevard to Water Street will require temporary closures
for the annual Buc Days Rodeo and BBQ Challenge beginning at
8:00 a.m, Apdl 7, 2005 to 4:00 p.m., April 17, 2005_
3. In cooperation with the Texas Department of Transportation,
North Broadway, including the area under United States 181
Harbor Bddge, between Fitzgerald and Brewster Streets will require
temporary closure for staging of professional rodeo cowboy trucks
and trailers beginning Tuesday, Apdl 12, 2005 beginning at 8:00
a.m. through Sunday, Apd117, 2005 to 9:00 p.m..
4. Temporary closure of north portion of Fitzgerald Street between
North Broadway and Mesquite beginning at 8:00 a.m. on Tuesday,
Apd112, 2005 to Sunday, Apd117, 2005 no later than 9:00 p.m.
5. Temporary street closure of Park Avenue between southbound
and northbound Shoreline Boulevard from Apd118, 2005 through
5:00 p.m., May 2, 2005 for the purpose of setting up the annual
Buccaneer Days Carnival.
PUBLIC HEARINGS:
VARIANCE REQUEST:
Public headng on request for a vadanca to operate an
establishment with on-premise consumption of alcoholic beverages.
(Tabled 2/15/05) (Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer b:) legend aL Ihe end Ch' b~
agenda summary)
Agenda
Regular Council Meeting
Mamh 22,2005
Page 7
18.b. Resolution granting a variance, under Section 4-5(F)of the Code
of Ordinances, to Benigno Sanchez to operate an on-premise
alcoholic beverage establishment located at 9840 Leopard Sb'eet.
(Tabled 2/15/05) (Attachment # 18)
ZONING CASES: (NONE)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
19. Work-Force 1 Quarterly Report (No Attachment)
20_ Presentaldon ofthe 2"d Quarter FY 2004-2005 BudgetJPerformance
Report (Attachment # 20)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
21. First Reading Ordinance approving the FY 2005 Capital Budget in
the amount of $178,074,800. (Attachment # 21)
(RECESS REGULAR COUNCIL MEETING)
L. MEETING OF CITY CORPORATION: (Attachment # 22)
22. CORPUS CHRISTI COMMUNITY IMPROVEMENT
CORPORATION:
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
MEETING
DATE:
TIME:
PLACE:
Tuesday, March 22, 2005
Dudng the meeting of the City Council beginning at
10:00 a.m.
City Council Chambers
1201 Leopard St.
Corpus Chdsti, TX 78401
CITY COUNCIL
PRIORITY ISSUES
(Refer f~ legec~d at U~e end o~
agenda summary)
Agenda
Regular Council Meeting
Mamh 22,2005
Page 8
M=
1. President Rex Kinnison calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Rex A. K~nnlson, President
Javler Colmenero, V'me President
Bren[ Chesney
Ma~ody Cooper
Bill Kelly
Mark Scolt
Jesse Noyola
Samuel L. Neal, Jr.
George K_ Noe, General Manager
Arrnsndo Chapa, Se~etary
Mary Juarez, Asst. Secretary
Cindy O'Bden, Treasure*-
Constance P. Sanchez, AssL Treasurer
3. Approval of minutes of January 11,2005.
4. Financial Report.
Approval of funding for Nueces County Community Action
Agency (NCCAA) in the amount of $277,220 of FY 2004
HOME Community Housing Development Organization
funds and authorization to execute First Amendment with
NCCAA.
Authorization to increase Homebuyer Assistance Program
from $3,000 to $5,000 for down payment assistance and
closing costs.
Authorization to add HUD-related changes to the CCClC
Handbook in lieu of CCCIC review and approval.
8. Public Comment
9. Adjournment_
(RECONVENE REGULAR COUNCIL MEETING)
PUBI. IC COMMENT FROM THE AUDIENCE ON MA~rERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.
CITY COUNCIL
PRIORITY ISSUES
(Re~' [~ legend at Ihe end of
agenda summary)
Agenda
Regular Council Meeting
March22,2005
Page 9
23.
24_
IF YOU PI_AN TO ADDRESS THE COUNCIL DURING THIS TIME
PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE
COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND
TOPIC. (A recording is made of the meeting; therefore, please speak Into the
microphone located al the podium and state your name and address. If you have
a petition or other information pertaining to your subject, please present it to the
City Secretary.)
Si usted se dlrtge a la junta y cree que su Ingl~s es limitado, habr~ un int(~rprete
ingl~s-espa~ot en la reunk~n 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
FIRS T AMENDMENT RIGH TS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time dudng the meeting in order to discuss any
matters listed on the agenda, when authorized by the provisions of the
Open Meeb'ng Act, Chapter 551 of the Texas Government Code, and that
the City Council specifically expects to go into executive session on the
following matters. In the event the Council elects to go into executive
session regarding an agenda item, the section or sections of the Open
Meetings Act authorizing the executive session will be publicly announced
by the presiding office.
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 Distdct Court of Nueces
County, Texas, 28"~ Judicial District, with possible discussion and
action related thereto in open session.
Executive session under Texas Government Code Section 551.071
regarding permitting issues related to the AJlison Wastewater
Treatment Plant, with possible discussion and action related
thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Reh~r b:) lege~:l at the end o~ the
agenda summary)
Agenda
Regular Council Meeting
March 22,2005
Page10
25.
26.
Executive session under Texas Govemment Code Section 551.071
regarding permitting issues related to the Greenwood Wastewater
Treatment Plant, with possible discussion and action related
thereto in open session.
Executive session under Texas Government Code Section 551.071
regarding legal issues relating to the acquisition of property for a
new wastewater treatment plant to replace the Broadway
Wastewater Treatment Plant, with possible discussion and action
related thereto in open session.
REPORTS:
The following reports include questions by Council to Staff regarding Cify
policies or activities; request by Council for information or reports from
Staff; reports of ac'Y. ivities 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 brfef 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
* Upcoming Items
29. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
(Refer I~ tegefld a/U~e end o~ I~e
age~da summ.ai~)
30. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
March 22, 2005
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer ~ legend at the e~d oi' the
agenda summary)
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Ciys o[ficial bulletin board at the fTo~t enb-ance
to1 (~ity Hall. 1,20.~, Leopard Street, at I,'~.:~ p.ml,
~.~r-r~.~-~/~ ,2005.
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www,cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the Internet
by Monday morning.
Symbols used to highlight action Item that Implement council
priority Issues.
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 8, 2005 - 10:03 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Javier Colmenero (An-ived at 10:05 a.m.)
Brent Chesney
Melody Cooper
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
ABSENT
Hem-y Garrett
Mayor Neal called the meeting to order in the Council Chambers of City Hall_ The
invocation was delivered by Pastor Kevin Jennings of Mt. Olive Lutheran Church.
Mayor Neal remarked that Council Member Garrett's wife, Nancy, passed away this week.
He asked for a moment of silence to honor her and their family_
The Pledge of Allegiance to the United States flag was led by Council Member Scott. City
Secretary Chapa called the roll and verified that the necessary quorum of the Council and the
required charter officers were present to conduct the meeting. Mayor Neal called for approval of
the minutes of the regular Council meeting of February 22, 2005 and the special Council meeting
of March 1, 2005. A motion was made and passed to approve the minutes as presented.
Mayor Neal referred to Item 2 and the following board appointments were made:
Airport Board
Glenn Lyons (Reappointed)
Frank "Rocco" Montesano (Reappointed)
Sylvia Whitmore (Appointed)
Regional Health Awareness Board
Asst. City Manager Margie Rose (Appointed)
Civil Service Board/Commission
Deborah Arnold (Appointed)
John Silvas (Appointed)
Mayor Neal called for consideration of the consent agenda (Items 3-19). City Secretary
Minutes - Regular Council Meeting
March 8, 2005 - Page 2
Chapa announced that Council Member Kelly would abstain from the vote and discussion on Item
11. Council members requested that Items 5, 7, 10, 11, 12, 13, and 17 be discussed. Mr. Abel
Alonzo also asked that Items 10 and 11 be discussed. A motion was made and passed to approve
Items 3 through 19, constituting the consent agenda, except for Items 5, 7, 10, 11, 12, 13, and 17,
which were pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
3. MOTION NO. 2005-072
Motion approving the purchase 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 Governments (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)
The foregoing motion was pasged and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
4_ MOTION NO. 2005-073
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 low
bid and low total bid. The term of the agreements shall be for twelve months w/th an option
to extend for up to two additional twelve-month periods, subject to the approval of the
suppliers, the Joint Goverm'nental 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)
Mid-Coast Electric
Corpus Christi. Texas
Group 1, 2, 4 & 5
$31,195.69
Dealers Electrical Supply
Corpus Christi, Texas
Group 3 & 6
$12,476.49
Grand Total: $43,672.18
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 3
MOTION NO. 2005-073
Motion approving the lease purchase of two (2) ambulances from Tyler Motor
Company/Wheeled Coach Industries, of Winter Park, Florida 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 Depa,tment. These units are replacements to the fleet. Financing will be provided
through the City's lease/purchase financing program. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_
MOTION NO. 2005-075
Motion approving the purchase 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)
The foregoing motion was passed and approved with the following vote: Ne. al, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
MOTION NO. 2005-077
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 $184,940 for
the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2005.
(Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Garrett was absent_
MOTION NO. 2005-078
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Martinez, Guy and Maybik, of Corpus Christi, 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)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 4
14.
MOTION NO. 2005-084
Motion authorizing the City Manager or his designee to enter into a contract with McGriff,
Seibels & Williams of Texas, Inc., (McGrifO, 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. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent_
15.a. MOTIONNO_ 2005-085
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 CMESA) for the RiskMaster
liabilities software system and database for a period of three years. (Requires 2/3 Council
Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
15.b. MOTION NO. 2005-086
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)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
16.a. ORDINANCE NO. 026166
Ordinance appropriating $75,000 fi.om Intel Corporation fi.om 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)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kiunison, Noyola and Scott,
voting "Aye"; Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 5
16.b. MOTIONNO. 2005-087
Motion authorizing the City Manager or his designee to execute a contract amendment with
Public Technology, Inc. (PTI), of Washington, D.C. in the amount of $79,950 to provide
consulting services for support of the Digital City Initiative. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
l&c. MOTIONNO. 2005-088
18_
Motion authorizing the City Manager or his designee to execute a contract amendment with
Public Technology, Inc_ (PTI) and RAM Technologies, Inc. (RAM), of Wash/ngton, 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)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
ORDINANCE NO. 026168
Waiving the 60-Day waiting period and publication of legal notice; renaming the park at
14125 Jackfish Avenue from Seagull Park to Ullberg Park. (First Reading 2/22/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Garrett was absent.
19.a. ORDINANCE NO. 026169
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 penalties. (First Reading 2/22/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 6
19.b. MOTIONNO. 2005-089
Motion to amend prior to second reading of 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 by deleting the
exception to the Plat submittal requirements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
19.c. ORDINANCE NO. 026170
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. (First Reading 2/22/05)
The foregoing ordinance was passed and approved on its second reading as follows:Neal,
Chesney, Colmenero, Cooper, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Garrett was
absent.
Mayor Neal opened discussion on Item 5 regarding the lease/purchase of two ambulances.
Mr. Kelly asked for the average age of the ambulance fleet after the addition of the two new
ambulances. EMS Coordinator John Murray replied he did not know the exact age of the fleet at
this moment, but the two new ambulances would be a substantial improvement to the fleet. The two
vehicles being replaced had approximately 200,000 miles on them. City Manager Noe added the
budget anticipated only one replacement, but staffhad found a way to fund to two replacements.
Mr. Kelly mentioned a recent news report regarding an ambulance that had broken down during a
run, and he asked if this vehicle was one of the vehicles being replaced. Mr. Murray replied
affirmatively. Mr. Kelly stated he was glad the city was doubling its commitment to update the
entire ambulance fleet.
Mr. Kirmison also asked Mr. Noe to provide the average age of the fleet after the
replacements were added_ In addition, he asked staffto compare the average age of the city's fleet
with other cities. Mr. Noe replied staffwould provide a report, but also noted the Tri-Data report
was studying the status of the ambulance fleet, including a comparison with other cities. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 7
5. MOTION NO. 2005-074
Motion approving a supply agreement for approximately 277 gate valves, ranging in size
fi.om 3 inches to 12 inches, with Titan Pipe & Supply Company, Inc., of Corpus Christi,
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
periods, subject to the approval of the supplier and the City Manager or his designee.
(Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 7 regarding the purchase of a vacuum truck. Mayor
Neal withdrew his question regarding this item. City Secretary Chapa polled the Council for their
votes as follows:
7. MOTION NO. 2005-076
Motion approving the purchase of eight (8) pickup trucks fi.om the following companies, for
the following mounts, in accordance with Bid Invitation No. BI-0065-05, based on low bid
for 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 FY
2004-2005 Capital Outlay Fund. (Requires 2/3 Council Vote)
Creveling Dodge
Corpus Christi, Texas
Bid Item 1
$17,286
Access Ford
Corpus Christi, Texas
Bid Items 2, 3, 4 & 5
$120,662
Grand Total: $137,948
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 10 regarding Americans with Disabilities Act (ADA)
sidewalk access improvements on Staples Street from Leopard Street to Six Points. Mr. Abel
Alonzo, 1701 Thames, thanked the Council and stafffor their effort to making the ADA accessibility
improvements possible in the community through Bond 2004 funding. He also thanked the RTA
for their contribution to the improvements. City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 8
10. MOTION NO. 2005-079
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Martinez, Guy and Maybik, of Corpus Christi, Texas in the amount of
$141,500 for Americans with Disabilities Act (ADA) sidewalk access improvements along
Staples Street fi-om Leopard Street to Six Points. (BOND ISSUE 2004) (Requires 2/3
Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 11 regarding a change order for the minor league
baseball stadium_ Mr. Abel Alonzo, 1701 Thames, spoke against the additional change orders the
Council had approved for this project. He felt the city was approving the change orders to
financially benefit the local contractor, Fulton/Coastcon, at the expense of the citizens.
Mr. Colmenero asked Mr. Noe to briefly review the budget for this project. Mr. Noe replied
as with every city project, the city set aside an amount for contingencies that arose unexpectedly
during construction. After this change order, Mr. Noe said the city would have spent approximately
6 percent of the project budget on contingencies. He said the items in this change order all related
to the structural steels package order were absolutely critical to complete the project in time for the
2005 baseball season. He said the city was well within the contingency amount included in the
anticipated budget of $27 million. Finally, he said the city had a very competent construction
management firm that reviewed every change order to determine whether it was legitimate. He said
it had nothing to do with the contracting firm.
Mr. Kinnison pointed out the city was strictly utilizing the funds from the bond sale proceeds
and from the 1/8th--cent sales tax, which were both voter-approved revenues. He asked if there were
any other anticipated change orders the Council could expect to see between now and next month.
Mr. Noe replied staff anticipated at least one to two more change orders, but was unsure when
exactly staffwould bring them to the Council.
Mr. Scott took exception to Mr_ Alonzo's conmaents regarding the baseball stadium project,
saying they were insulting to the community. He said staffhas explained the project was being fast
tracked, and had clearly articulated the reasons for the contingencies. He said he had heard mostly
positive comments about the new baseball stadium. He was also disappointed with the media
coverage of the baseball stadium budget. Finally, he also took exception to the derogatory
comments Mr. Alonzo made regarding Fulton/Coastcon.
Mr. Noyola stated he understood Mr. Alonzo's concerns regarding the public perception of
the change orders for this project_ He said the Council and staff`should make an effort to better
educate the public regarding change orders for any future large-scale construction project. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 9
11. MOTION NO. 2005-080
Motion authorizing the City Manager or his designee to execute Change Order No. 4 with
the Conslruction 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 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. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kirmison, Noyola and Scott, voting "Aye"; Garrett was absent; Kelly
abstained.
Mayor Neal opened discussion on Item 12 regarding the Rincon Channel Pipeline Project.
Mr. Scott asked when the city was going to begin the construction of the pipeline and with what
funding source. Assistant City Manager Ron Massey replied the project would be funded out of the
water fund. and he anticipated construction would begin by the end of the year. City Secretary
Chapa polled the Council for their votes as follows:
12_ MOTION NO. 2005-081
Motion authorizing the City Manager or his designee to execute Amendment No_ 7 to the
Engineering Services Contract with HDR Engineering, Inc, of Corpus Christi, Texas in the
amount of $292,840 for the Rincon Channel Pipeline Project. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal asked Special Assistant to the City Manager Tom Utter to explain the
importance of the city's pass-through agreements related to the Rincon Channel Pipeline Project.
Mr. Utter reported the City of Corpus Christi had one of the more aggressive pass-through
agreements with the State of Texas. He said the city's water resources management efforts,
including the Rincon project, had put the city in the forefront of maintaining adequate flows and
beneficial flows into the estuary Mayor Neal emphasized the importance of the city's current water
management efforts because they allowed the city to plan for the future.
Mayor Neal opened discussion on Item 13 regarding a grant for the Packery Channel boat
ramp project. City Secretary Chapa announced that Item 13.a. was being withdrawn by staff.
Mr. Utter explained this was a $500,000 grant from the Texas Parks and Wildlife Department
for a boat ramp on Packery Channel. The site was just east of Hwy. 361, coming offofZahn Road
down to a parking lot. He said the boat ramp was a major facility, with four 16-foot wide launch
ramps and concrete wallcways.
Mr. Utter reported a change order was negotiated for construction of the boat ramp in the
amount of $508,000 with Luhr Brothers/King Fischer Marine, the group that is constructing Packery
Channel. He said the $508,000 was for the construction of the beat ramp only; staffwould bring
Minutes - Regular Council Meeting
March 8, 2005 - Page 10
back an item to complete the related roadway and parking lot.
Mr. Scott thanked staff for their efforts to acquire the funding for this project. He asked how
many parking spaces were available for the project. Mr. Utter replied approximately 200 spaces
would be available at first until staff could gauge the demand. Mr. Scott stated he thought the
demand would be high. City Secretary Chapa polled the Council for their votes as follows:
13.a. WITHDRAWN
Motion ,,~tlf':~h,g a ~,t a~,~,licati,,, to thc Texas P,~ks ~,,d Wildlife Dcp,~t.,,.nt fi,, thc
Pack-cry Chs,u,,.l Boat R,.,q, ~,oj¢,.t.
13.b. MOTIONNO. 2005-082
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_
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
13.c. ORD1NANCENO, 026165
Ordinance appropriating $500,000 fi'om 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.
(Requires 2/3 Council Vote)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
13.d. MOTION NO. 2005-083
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)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Garrett were absent;
Kelly abstained.
Mayor Neal deviated fi.om the agenda and asked Mr. Utter to provide a brief update on the
state legislative agenda. Mr. Utter reported the city had entered this legislative session with
trepidation because there seemed to be a number of forces combining to attack city and county
interests. He was pleased to report that the city had not been hurt by any of the proposed legislation
so far. He also mentioned that March 11 was the last day to in~oduce a non-local bill.
Minutes - Regular Council Meeting
March 8, 2005 - Page 11
Mr. Utter highlighted two important issues. First, he reported House Bill (HB) 3, a bill
related to revenues, appraisal caps, and tax caps, was being modified to adopt a "truth in taxation"
plan_ He said HB 3 was not perfect, but ultimately it seemed more equitable_ He thanked Rep. Fred
Hill, chairman of the House Local Ways and Means Committee, for his efforts.
Second, Mr. Utter discussed the progress on the education bill_ As of last night, he said the
bill had mn into a number of difficulties that would prevent the bill from being heard today or
tomorrow as scheduled. The opposition was fi.om a number of groups who disagreed with the lack
of funding in some areas.
Mr. Utter also discussed the issue of the city's rights-of-way relating to WiFi service_ He
reported Chairman King of the Regulated Industries Committee introduced a bill that would have
attacked the rights-of-way powers of cities, compromising the City of Corpus Christi's WiFi effort.
Fortunately, a substitute bill was being introduced tomorrow that would protect the city's WiFi
project. He said the substitute bill would allow cities to have WiFi systems and provide services to
all governmental buildings and entities. In addition, the bill would allow cities to contract with
providers to use any excess bandwidth.
Finally, Mr. Utter provided an update on the pipeline bill. He said there was currently no
movement on the bill because the sponsors of the bill were waiting to see if cities could negotiate
a local compromise.
Mr. Utter thanked the city's legislative delegation for their efforts, namely Sen. Chuy
Hinojosa, Rep. Vilma Luna, Rep. Gene Seaman, and Rep. Abel Herrero. He said staff would
provide a formal legislative update around March 22, with a possible excursion to Packery Channel,
which would be approximately 75 percent completed at that time.
Mayor Neal mentioned that Port Aransas had introduced a proposal to create a Regional
Mobility Authority, and he believed the city should support their effort. Mr. Utter agreed.
Mr. Kelly asked if there had been any progress on changing the remittitur period on
foreclosed lots. Mr_ Utter answered five bills had been introduced by several large cities, including
San Antonio, Austin, Fort Worth, and El Paso, and two bills had a good chance of advancing. He
said the real action on the bills would probably take place in late April or in early May.
Mr. Scott asked for a report on water issues. Mr. Utter answered there were many bills
involving water issues. He highlighted a bill, introduced by Sen. Hinojosa, requiring regional water
planning groups to consider inflows in their water plans.
Mayor Neal opened discussion on Item 17 regarding the resale of 26 foreclosed properties.
Mr. Kelly commented staffhad deemed all of the lots unacceptable for the city's in-fill lot program.
He asked about the criteria staff had used to make this determination. Assistant City Manager
Margie Rose replied staffwanted to ensure the lots were large enough to accommodate a $50,000
to $60,000 home, and would also blend well with the neighborhood.
In response to Mr_ Scott's question, Ms. Rose explained staffhad already selected an area
for a in-fill lot pilot program, in conjunction with the latest Neighborhood Improvement Program
Minutes - Regular Council Meeting
March 8, 2005 - Page 12
(NIP). Mr. Kelly stated that since there was a two-year remittitur period for foreclosed properties,
he did not understand why the city wasn't taking the opportunity to increase their inventory citywide.
Ms. Rose replied staffwas in the process of building up capital for this effort_ Mr. Noe added the
city also needed to obtain permission fi-om the other taxing jurisdictions involved before the
properties could be used for the in-fill program.
In response to Mr. Kelly's question, Mr. Noe stated staffwas working with the 4A Board on
a pilot program to test the idea that city could produce housing in existing neighborhoods in the
$50,000 to $60,000 pr/ce range that would benefit the current neighbors and the homebuyers_ Staff
was optimistic they could present a pilot program, recommended by the 4A Board, within the next
month for the Council's consideration. The intent was to develop a program that would benefit both
the neighbors and the homebuyers. He said the 4A Board was the main funding stream for the in-fill
housing program.
Mr. Kelly expressed concern the city was missing an opportunity to acquire lots in other
parts of the city that may be useful in the future. Mr_ Noe replied part of the strategy being
developed for the in-fill housing program was to focus on rehabilitation as well as new cortslxuction
in specific areas to have the most impact. He suggested the Council wait to hear more details about
the in-fill lot pilot project next month before drawing conclusions.
Mr. Kelly stated the in-fill lot program was a Council initiative, not a 4A Board initiative,
and he was concerned the 4A Board was being allowed to drive the decisions on the projecL City
Manager Noe replied the 4A Board and the Council had to come to an a~eement on how to spend
the funds. Neither party could unilaterally decide how to spend the funds.
Mr. Noyola was concerned because the home builders were saying they could not build
homes for $50,000 to $60,000. He asked staff to speak with the builders to determine the criteria
for building the home within budget (i.e. carport instead of garage). Mr_ Noe replied part of the
purpose of the pilot program was to demonstrate what type of home could be built and at what price
range.
In response to Mr. Scott's question, Mr. Marvin Leafy with Linebarger, Heard, Goggan,
Blair, Graham, Pefla & Sampson L.L_P. stated this auction differed fi'om past auctions because each
of the properties had at least one purchase offer. It was possible, therefore, that the city would see
more money out of the sale than what was being presented.
Mr. Colmenero suggested the city could start pre-qualifying contractors now who could work
on the in-fill program, possibly through an RFI process. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 13
17.
ORDINANCE NO. 026167
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
Mayor Neal referred to Item 20.a_, and a motion was made, seconded and passed to open the
public hearing on the following right-of-way closure:
20.a.
Public heating 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).
No one appeared in opposition to the closure. Mr. Chesney made a motion to close the
public heating, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
20.b. ORDINANCE NO. 026171
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 Bluffand Encinal
Farm and Garden Tracts, (between Holly Road and Wooldridge Road, approximately 2,600-
feet, east of the Lexington Road right-of-way, Los Axboles and Monte Verde at Terra Mar
Subdivisions); subject to owner's compliance with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 22 regarding the refunding of bonds by the Lavaca-
Navidad River Authority and Nueces County River Authority for the Lake Texana Project. City
Manager Noe reported the city has initiated six separate bond refundings since April 15, 2000, with
a combined present value savings of over $7.6 million. He said today's item would authorize the
issuance of refunding bonds by the Lavaca-Navidad River Authority and Nueces River Authority
related to the Lake Texana project. The net present value savings for these two issues are currently
projected to be over $4 million, with the final savings to be determined upon closing. Mr. Noe noted
the bonds in question were utility bonds, and so the savings reduced the raw water costs for all
Minutes - Regular Council Meeting
March 8, 2005 - Page 14
customem. There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
22. RESOLUTION NO. 026164
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.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Gat-rea was absent.
Mayor Neal opened discussion on Item 23, a resolution urging Congress to eliminate the
proposed cuts in the Community Development Block Grant (CDBG) program fi.om the proposed
2006 federal budget. There were no comments from the public. City Secretary Chapa polled the
Council for their votes as follows:
23. RESOLUTION NO. 026172
Resolution urging Congress to reject that portion of the administration's proposed 2006
Federal Budget that calls for the shining of the Community Development Block Grant
(CDBG) program fi.om the Department of Housing and Urban Development to the
Department of Commerce and request that the program remain fully funded_
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Gan'ett was absent.
Mayor Neal stated the National League of Cities and the U.S. Conference of Mayors have
announced they have solicited and received the support of 51 U-S. Senators, towards a maximum
goal of 60 Senators, to oppose the reduction in CDBG funding.
Mayor Neal opened discussion on Item 24, a use agreement with the Tiger Olivarez Golf and
Literacy Academy for the use of the Gabe Lozano Sr. Golf Course for golf instruction, The First Tee
life skills curriculum, and literacy instruction. Director of Parks and Recreation Sally Gavlik said
the department was excited about this program because it was a chapter of The First Tee program,
and would allow the city to develop a youth golf program. She introduced Ms. Meg Jones and Mr.
Jason Luby Jr., representatives of the Tiger Olivarez Golf and Literacy Academy, the non-profit
group that was formed to petition The First Tee to locate a chapter at Gabe Lozano Sr. Golf Course.
Mr. Scott, Mr. Noyola, and Mayor Neal spoke in support of the program and in support of
Mr_ Tiger Olivarez's efforts to promote youth golf programs. There were no comments fi.om the
public. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 15
24. FIRST 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)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Garrett was absent.
Mayor Neal opened discussion on Item 25, a resolution endorsing certain legislative changes
to Senate Bill 7 regarding electric deregulation that was supported by the South Texas Aggregation
Project Inc. (STAP). There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
25. RESOLUTION NO_ 026173
Resolution of the City of Corpus Christi, Texas endorsing certain legislative changes to
Senate Bill 7, Texas' electric deregulation bill, supported by South Texas Aggregation
Project, Inc.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal referred to Item 21 .a_, an overview of the proposed FY 2004-2005 Capital
Budget and Capital Improvement Planning Guide (CIP). Assistant City Manager Oscar Martinez
reported the proposed CIP was reviewed and approved by the Planning Commission on February
23, 2005. Mr. Martinez said today's presentation was intended to provide an overview of the
document as well as outline the process that will lead to the adoption of the FY 2005 Capital Budget_
In addition to the overview, he said a public hearing will be held to receive public input prior to the
City Council's formal consideration of the CIP on March 22.
Mr. Martinez explained the CIP planning process encompassed a ten-year period, beginning
with the current year (FY 2004-2005) of the CIP. Years 2-3 comprised the short-range CIP, and
Years 4-10 comprised the long-range CIP. He emphasized that the plan fully funded Years 1
through 3, but Years 4 through 10 were unfunded, future needs. The plan was updated, however,
year-by-year by the engineering department and others, who identified specific project needs.
Mr. Martinez covered the FY 2004-2005 Capital Budget highlights. In Year 1, he said there
was $178.1 million in expenditures. Almost all of the Bond 2000 projects were substantially
underway or completed. Utility rates remain identical to rates included in FY 2003-2004 Capital
Budget, with the addition of the one percent to fund Bond 2004 projects. The CIP also incorporated
the completion of the new arena and convention center renovation, and the planned completion of
the seawall improvements and baseball stadium.
Minutes - Regular Council Meeting
March 8, 2005 - Page 16
In addition, Mr. Martinez stated the CIP included the following elements: the continuation
of capital projects approved in prior years, including 2004 voter-approved projects; the continuation
of funding to maintain and upgrade utility infrastructure for continued growth; streets capital
improvements; solid waste / landfill options; water supply projects; and maximizing wastewater
treatment plant expansion.
Mr. Martinez discussed FY 2005 revenues. Referring to a pie chart, he said commercial
paper and revenue bonds comprised 53.3 percent of revenues, followed by sales tax revenues fi.om
Bond 2000 program (12.1 percent), and 2004 general obligation bonds (10.1 percent).
Mr. Martinez reviewed FY 2005 expenditures_ Referring to a pie chart, he said public health
and safety projects (e.g. seawall, landfill) comprised 24 percent of expenditures, followed by water
(18 percent), wastewater (13 percent), storm water (13 percent), streets (13 percent), and public
facilities (5 percent).
Mr. Martinez discussed the individual projects in various departments_ He fa-st discussed
the airport projects. In the FY 2005 CIP, staff was recommending two projects, the runway
rehabilitation and lighting improvements ($5,175,700) and the airport industrial park ($1,533,700),
for a total of $6,709,400. He said the vast majority of the airport projects were being funded
through anticipated FAA grant revenue, as well as revenues from airport revenue bonds and utility
revenue bonds to be sold for infrastructure development for the airport industrial park.
In response to Mr. Scott's question, City Manager Noe explained the city's share of the
funding for the airport industrial park would be used for infrastructure and roadways for the park,
not the building itself. The project was the result of a partnerskip between the Economic
Development Corporation (EDC), the city, and the 4A Board_ The industrial park would provide
warehouse space in the airport, which would help diversify the airport's revenues by providing a
source of non-airport related revenues.
With regard to park & recreation projects, Mr. Martinez said the total project budget was
$6,044,400_ The majority of the funding for the marina projects was from marina development
revenues created through the addition of boat slips and amenities that were funded through marina
certificates of obligation. The Bond 2004 issue funded other park & recreation projects, such as
sports facilities and park improvements. Mr. Noyola asked when the improvements to the West Oso
Tennis Courts would be completed. City Manager Noe replied the total estimate for the repairs was
$80,000. While the CIP would fund only $25,000, Mr. Noe said the Council could provide
additional funding through next year's CDBG process. Mr. Noe believed the West Oso Tennis
Courts were on staff's recommended list of CDBG projects.
Mayor Neal asked for a brief recess to hear petitions from the audience.
Mayor Neal called for petitions fi.om the audience. Mr_ Randy Caffey, 3341 Laguna Shores,
suggested that the City of Corpus Christi purchase land in the I_aguna Shores and Mediterranean
Street area to develop a city park. Mr. Jack Gordy, 4118 Bray, spoke regarding a lawsuit the city
was settling related to police actions, and he asked them to investigate the case of Mr. Bobby
Minutes - Regular Council Meeting
March 8, 2005 - Page 17
Ballard.
Mayor Neal called for a brief recess to present proclamations.
The Council returned from recess, and Assistant City Manager Oscar Martinez continued
the discussion on the proposed 2004-2005 CIP budget. Mr. Martinez discussed the budget for the
public facilities projects, totaling $9,040,000. Mr. Martinez said the minor league baseball stadium
comprised $6,000,000 of this budget. Mr. Kinnison asked for more information on the site selection
process for the new Southside Library. City Manager Noe said staff had discussed various
alternatives for the site selection, and would present a number of options for the Council's
consideration this summer. Since the bond sale had not taken place yet, he said there were no funds
available now to hire a consultant to assist staffat this time. He said he would hke to discuss the
matter with a consultant first before making final recommendations_
Regarding public health and safety projects, Mr. Martinez reported the funding source for
these projects was from the 2000 sales tax bond issue as well as sales of certificates of obligation_
The majority of the projects were for the seawall, sidewalk, and marina bulkhead repair and landfill
improvements.
Mr. Martinez briefly covered the street projects included in the CIP. Mr. Scott asked when
staff would have the list of intersections recommended for new traffic signals. City Engineer Angel
Escobar replied the list would probably be ready within the next 90 days. Mr. Martinez stated the
majority of the funding for the streets projects was associated with the 2004 bond issue. He
mentioned a small number of Bond 2000 projects which were scheduled for completion soon.
Regarding the gas projects, Mr. Martinez stated the majority of the gas program was
associated with the sale of revenue bonds to continue the implementation of the automated meter
reading project.
Mr. Martinez briefly discussed the storm water program, which was funded through
commercial paper and revenue bonds for approximately $25.4 million. He noted that downtown
drainage projects comprised 36 percent of the total projects.
Mr_ Martinez discussed the wastewater projects. He said a large portion of the revenue
bonds to be sold for this fund were comprised in the new Broadway Plant, as well as modifications
to the Greenwood Plant.
With regards to the water program, Mr. Martinez stated the program was comprised
primarily of large projects. He said 31 percent of the total funding was allocated to the Southside
Transmission Main project and the automated meter reading project (18 percent).
Finally, Mr. Martinez briefly discussed the water supply projects. He said 67 percent of the
funding was set aside for the Garwood Water Supply Pipeline. The project was being financed
through the revenue bonds from the water fund.
Minutes - Regular Council Meeting
March 8, 2005 - Page 18
Mr. Martinez reviewed a report on the city's debt ratio. He stated the city's debt load is
$93,000,000, the lowest debt load the city has held since 1988. Mayor Neal also noted the city had
one of the lowest per capita general obligation (GO) debt ratios of any major city in Texas. Mayor
Neal said there was a perception in the community that the city was heavily in debt, and he asked
staff to publicize this information to counter this perception.
(Mayor Neal left at 12:25 p.m.)
Mayor Pro Tern Kelly referred to Item 21 .b., and a motion was made, seconded, and passed
to open the public heating on the FY 2004-2005 Capital Budget and CIP guide.
There were no comments from the public. Mr. Scott made a motion to close the public
hearing, seconded by Mr. Colmenero, and passed.
Mayor Pro Tern Kelly announced the executive session, which was listed on the agenda as
follows:
26.
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, 28~ Judicial District, with possible discussion and action
related thereto in open session.
The Council went into executive session.
The Council returned from executive session. Mayor Pro Tem Kelly called for the City
Manager's report. City Manager Noe expressed his and staffs condolences to the Garrett family for
their loss. Mr. Noe announced that the TRAPS conference was being held in Corpus Christi. He
also announced the Weed and Seed Festival will be held this Saturday fi.om 11:00 a.m. to 4:00 p.m.
at the T.C. Ayers Recreation Center He thanked Mayor Neal and Council Member Cooper for
attending the Mary and JeffBell Children's Library opening at the Central Library.
Mr. Noe announced that the next regular Council meeting will be held on March 22. The
following items are scheduled for discussion on March 22: first reading of the CIP budget; second
quarter budget report; the Casa de Sol Caf6 variance request; and the wastewater trust fund.
Mayor Pro Tem Kelly called for Council concerns and reports. Mr. Noyola stated March
31 would be the anniversary of the death of Selena. He asked ifa proclamation could be read in her
honor before the anniversary date. Mr. Noe replied affirmatively.
Council Member Cooper reported that at last night's town hall meeting, there had been a
report that a petition was circulating regarding the proposed skate park site in Cole Park. Mr. Noe
replied the city's consultant, Mr. Jim Camllo with HalffAssociates, was looking at the Cole Park
master plan now, and would make recommendations about the appropriateness of this site for the
Minutes - Regular Council Meeting
March 8, 2005 - Page 19
skate park Mr. Scott added that he remembered clearly asking staffand the Junior League to include
the neighborhood in the dialogue, but he did not believe anyone had spoken with the neighborhood
yet.
Parks and Recreation Director Sally Gavlik reported Mr. Carrillo had spoken with a number
of stakeholders about the preferred types of amenities and other topics_ She said he would return
next week to hold a public meeting from 5:00 p.m. to 7:00 p.m. on the sixth floor of City Hall, and
notices would be sent out to the public. She said he would have two or three artistic renderings of
the skate park to illustrate the proposed site and the types of amenities being considered. Council
Member Cooper stated there was opposition fi.om individuals who did not reside in the adjacent
neighborhoods, and she asked that they be notified as well. City Manager Noe replied staffwould
place an ad in the newspaper about the meeting in addition to mailed notices_
Ms. Cooper also expressed her condolences to the Garrett family for their loss.
Mr. Scott asked for a timeline on the storm water master plan related to Mustang Island
because of a pending TxDOT project_ City Engineer Escobar replied the city was working with
TxDOT to amend the AE Consultant contract to add the portion of Mustang Island needed for their
project planning area. He said TxDOT was also going to participate in the funding of the project.
Mr. Scott was concerned that TxDOT could not move forward with their project without a master
plan being in place. Mr. Noe replied negatively, saying TxDOT could proceed_ Mr. Escobar added
staffwould probably bring the amendment to the Council by the end of the month.
Council Member Scott also expressed his condolences to the Garrett family for their loss.
Mr. Colmenero reported problems with transients living under the Tancahua or Carancahua
and Kinney Streets bridge. He also requested that the city make plans to resurface Gollihar Road
between Kostoryz and Staples Streets. Mr. Colmenero requested strengthening the anti-littering
ordinance regarding junk cars. In addition, he mentioned constituent concerns about residential
sidewalks, and asked staffto see what could be done to make improvements. Finally, he expressed
his condolences to the Garrett family for their loss.
Mayor Pro Tem Kelly also asked about the storm water master plan. He mentioned problems
with drainage in the Five Points area, and said TxDOT has let a number of contracts in this area.
He asked staft to look for opportunities to add drainage ditches around the Tuloso-Midway and Rand
Morgan area in conjunction with the current TxDOT projects. He said TxDOT District Engineer
Craig Clark was amenable to this idea.
Mayor Pro Tem Kelly also expressed his condolences to the Garrett family for their loss.
There being no further business to come before the Council, Mayor Pro Tem Kelly adjourned
the Council meeting at 1:15 p.m. on March 8, 2005.
2
AIRPORT BOARD - One (1) vacancy with three-year term to 4-04-08.
DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of
Corpus Christi and the operation of the Corpus Christi Intemational Airport facilities for the promotion
of those interests.
COMPOSITION: Ten (10) members appointed by the City Council for three-year terms. All members
shall serve for three-year staggered t~m~s. Members must be residents of Corpus Christi.
ORIGINAL
MEMBERS TERM APPTD. DATE
*****Jerry Kane, Chairman 04-04-05 04-27-99
Glenn Lyons 04-04-08 04-23-02
Wayne Bennett 04-04-07 04-- 13 -04
Mark Meyer 04-04-06 10-13-98
Donald M. Feferman 04-04-07 04-13-04
Frank "Rocco" Montesano 04-04-08 02-22-00
Ed Hicks, Sr_ 04-04-06 02-16-99
Nelda Martinez 04-04-06 02 - 14-99
J.C. Ayala 04-04-07 0 I- 14-03
Sylvia Whit:mom 04-04-08 03-08-05
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointrnent
OTHER INDIVDUALS EXPRESSING INTEREST
Louis Alvarado
Realtor/New Construction Representative, Martin Agency
Realtors. Professional and commtmity activities include:
Kiwanis Club, C.C. Board of Realtors, Public Relations
Director for Quetzal Theatre Group, Hispanic Chamber of
Commerce and Hispanic Contractors Association. (4-05-
O4)
David Amori
Branch Manager, Professional Service Indnslxies, Inc.
Received B.S. in Civil Engineering and M.S. in
Consa'ucfion Management. Activities include: American
Society of Civil Engineers, Consulting Engineers Council,
Texas, American Institute of Architects and Associated
Builders and Contractors_ (2-24-05)
Richard Bailey
DisffLogistics Team Leaders, E.I. Dupont. Received B.A.
fi.om Texas A & M Uaiversity- 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)
William D. Dodge, III
Coretta Graham
Arthur Granado
Eduardo Hinojosa
Mike T_ Johnson
Diane LaRue
Leon S. Loeb
Owner, The Dodge Co. and Onyx Industrial_ Received
B.S. from the University of Texas and attended Graduate
School of Banking at Southern Methodist University.
Activities include: National Conference for Communities
and Justice, Education Service Center Region 2 and
Mission 911. (3-07-05)
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 Community
Youth Development (78415) Program Steering Committee.
(3-09-04)
Owner, The Granado Group_ Attended the Texas A & I
Umversity. (3-03-05)
Retired, State of Texas Administration. Received a
Master's degree. Activities include: Planning Decision
Making Member at Kostoryz Elementary School. Received
the "Rancher of the Year" Award_ (3-04-05)
Administrator, Christus Spohn Hospital South. Vice-
President, Chrisms Spohn Health System. M.P.A. m Public
Administration, Texas Teeh 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, Melaleuca, Inc_ Attended
LaSalle University, Temple University and Holy Family
College. Activities include: Mission 911, IWA Golf Chair
and Gala Committee, Blessed Sacrament Convent
Auxiliary, Pan American Roundtable 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 Stormwater Advisory
Committee. (3-31-04)
James A. Needham
Coordinator of Programs, Texas A&M - Corpus Christi.
Serves as a liaison between Texas A&M University System
and South Texas business, industry, government, trade
organizations and professional groups. B.S. and M.S. in
Construction Management; Ph.D_ in Architecture. Member
of Local Emergency Planning Committee, United Way, Air
Quality Committee and North Bay Community Advisory
Committee. (4-06-04)
James D. Robbins
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 Minislxy. Member of the
Vietnam Helicopter Pilots Association, Association of U.S.
Army and Army Aviation Association of America. (2-24-
Billy Ray Sayles
Counselor, Self-employed. Received A_A. in Mental
Health, B.A in Psychology and M.S. in Educational
Psychology. Activities include: Nueces County MHMR
Board of Trustees, Committee for Persons with Disabilities
and the Texas Youth Commission Volunteer Council. (5-
O6-O4)
John Edward Valls
Marketing Manager, Port of Corpus Christi. Received A.A.
Del Mar College, B.A. from Sam Houston State University
and M.B.A. fi.om 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. (1-
13-05)
Sam Watson
Agent, State Farm Insurance. Received B_A. in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (2-21-05)
Joseph Churchill Wise
Senior Resident Director, Men'/il Lynch. Graduate of Del
Mar College, and received B.S. in Computer Software fi.om
the Uaiversity of Houston. Activities include: President of
Del Mar College Foundation Board, past President and
current board member of Metro Ministries and serves as an
Elder at church. (3-04-05)
3
COUNCIL MEMORANDUM
A. ORDINANCE: APPROVING TRANSFER OF $8,370.23 FROM WATER FUND NO.
4010, $3,472.36 FROM WASTEWATER FUND NO. 4200, AND $36.55 FROM GAS
FUND NO. 4130; TO AND APPROPRIATING IN GENERAL FUND NO. 1020 FOR
CENTRAL CASHIERING SURVEILLANCE SYSTEM; AMENDING BUDGET
ADOPTED BY ORDINANCE NO. 025878 TO INCREASE REVENUES AND
APPROPRIATIONS BY $11,879.14, EACH; AND DECLARING AN EMERGENCY.
B. RECOMMENDATION: Motion approving the purchase of a surveillance system for
Central Cashiering from Total Protections Systems, lnc, Corpus Christi, Texas in the amount
of $36,551.21 based on the Cooperative Purchasing Agreement with the State of Texas.
Funds ~re available in the Water, Wastewater and Gas Utility Funds and Central Cashiering
Operations budget for FY 04-05.
[)urpose:
The survcillance system will primarily be comprised of ten
security cameras that will be installed throughout the interior and
exterior of the Central Cashiering work area The cameras will
provide for complete coverage of transactions occurring at the
teller stations and also provide interior surveillance of the vault and
cash handling stations witkin the interior work area of Central
Cashiering. A Digital Video Recorder will allow for the system to
be integrated with the existing security/access system currently in
operation at City Hall.
Basis of Award:
Cooperative Purchasing Agreement with the State of Texas -
CISV - Catalog Information Systems Vendor
Total Protection Systems, Inc. has installed the existing
security/access systems in City Hall and is considered a sole
source provider due to system compatibility requirements.
Funding:
Central Cashiering
550010-1020-10840
Miclgael B.arrera
Procurement & General Services Manager
$36,551.21
City of Corpus Christi
Central Cashering
Price Sheet
City Hail-CCTV
MFG.
ViC
VIC
VIC
ViC
ViC
VIC
VIC
VIC
TPSI
TPSI
QTY. PART NUMBER
DESCRIPTION
KE240-16-900 Digital Video Recorde~ 16 Input, LANNVAN Enabled, 240FPS, 900GB HDD
1
2 VN1000
1 V1400-1DL
3 SVFT-C22CA
3 SVFT-CHR
10 SVFT-IC-K'T
7 SVFT-C266M
1 AC 16-4-1UL
1 Lot
120 Man-Hours
Soft:ware; use with KE240-16-900 DVR, Remote View and Control over LAN/WAN
Distribution Line Unit; 10 Channel use wilh PTZ Dome Cameras
Dome Camera; Indoor, Color, In-Ceiling, 24Vac
Lower Dome; Chrome, use with SVFT-C22CA
Mounting Kit; In-Ceiling Panel, use with all SVFT
Fixed Dome Camera; Indoor, Color, In-Ceiling, 2.6-6mm Auto Iris Lens, 24Vac
Power Supply; 16 Channel, 24VAC, 300VA, Fused
Cable, Connectors, Fittings
Installation, Testing, Training
UNIT COST UNIT EXT
$11,41339 $11,413.39
1,52792 3,055.84
687.28 687.28
1,497.25 4,491.75
114.74 344.22
38.62 38620
536.19 3,753.33
219.20 219.20
2,000.00 2,000.00
85.00 10,200.00
Section Total $36,551,21
ORDINANCE
APPROVING TRANSFER OF $8,370.23 FROM WATER FUND
NO. 4010, $3,472.36 FROM WASTEWATER FUND NO. 4200,
AND $36.55 FROM GAS FUND NO. 4130; TO AND
APPROPRIATING IN GENERAL FUND NO. 1020 FOR CENTRAL
CASHIERING SURVEILLANCE SYSTEM; AMENDING BUDGET
ADOPTED BY ORDINANCE NO. 025878 TO INCREASE
REVENUES AND APPROPRIATIONS BY $11,879.14 EACH;
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $8,370.23 from Water Fund No. 4010, $3,472.36 from
Wastewater Fund No. 4200, and $36.55 from Gas Fund No. 4130 are
transferred to and appropriated in General Fund No. 1020 for Centra~ Cashiering
Surveillance System.
SECTION 2. That the FY 2004-2005 Operating Budget adopted by Ordinance
025878 is amended to increase revenues and appropriations by $11,879.14
each.
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 17, 2005
Lisa Aguilar
Assistant City Attorney
For Cit~ Attorney
Samuel L. Neal, Jr.
Mayor
Lisa/ord3~V[arch 22, 2005 Central Cashiering
4
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for approximately 400,000
gallons of emulsified polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI-
0067-05 with Koch Materials Company, Corpus Christi, Texas, based on only bid for m~
estimated annual expenditure of $472,000. The term of the supply agreement 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 thc City Manager or his designee. Funds have been budgeted by
Street Services in FY 04-05.
Purpose:
This material is used by Street Services in their seal coat operation.
It is the binder which is used with precoated aggregate to form
street pavement. The City does not have storage capability for this
material. The vendor is required to have a local facility in order to
dispense the heated material into City trucks and receive unused
portions for credit.
Previous Contract:
The option to extend the current contract is not being exercised due
to the vendor's inability to maintain current pricing.
Bid Invitation Issued:
Four
Bids Received:
One
Pricing Analysis:
Pricing has increased 24% since the last contract of December
2002. This is due to the rising cost of raw material and fuel.
Award Basis:
Only bid. Historically, the City has received limited responses for
this product due to the specialized storage facilities required to
service thc contract.
Funding:
Organization Name
Street Services
Amount
520130-1020-12430 $377,600
520130-1020-12410 94,400
Total: $472,000
Procurement and Genet
ti Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
2/24/2005
BID INVITATION NO. B1-0067-05
EMULSIFIED POLYMERIZED ASPHALT (HFRS-2P)
BUYER: MARIA GARZA
ITEM
NO.
DESCRIPTION
Emulsified Potymerized Asphalt (HFRS-2P)
Q'I-Y UNIT
400,000 ga ons
KOCH MATERIALS CO.
CORPUS CHRISTI, TX
UNIT PRICE TOTAL PRICE
1. 1.18 $41Z,000,00
5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of Ix)dy armor protective vests from
Marmy Trevino Enterprises, San Antonio, Texas in accordance with Bid Invitation No. BI-0025-
05 based on low bid meeting specifications for the total amount of $44,037.36. Funds are
available from the Law Enforcement Trust Fund.
Purpose:
The body ammr vests will be used by the Special Services Entry
Team of the Police Department during search warrants and other
high profile arrests.
Bids Invitation issued: Eleven
Bids Received: Five
Basis of Award:
Low Bid meeting specifications
R & W Police Enterprises and G. T. Distributors do meet the
minimum requirements regarding overlapping Kevlar on the sides.
Safety & Security Int., did not respond to the request for a sample
vest.
Funding:
Law En~rcement TmstFund
520090-1061-821000
$44,037.36
Mich~ael~arrera ~
Procurement & General Services Manager
BID INVITATION NO, B1-0025-05
BODY ARMOR
BUYER: MARIA GARZA
DATE: 10/27/04
BID
ITEM DESCRIPTION QTY
1. Body Armor MTV Vest
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
R & W Police Enterprises
DBA Central Police Supply G.T. Distributors, Inc.
Houston, Texas Austin, Texas
Unit Total Unil Total
Price Price Price Price
Safety & Secudty Int. Manny Trevino Enterprises Prodefense
Brent~,~od, TN San Antonio, Texas Webster, Texas
Unit Total Unit Tetal Unit Total
Price Price Pdce Pdce Pdce Price
24 $1,237.50 $29,700.00 $1,493,33 $35,839.92 $~,560.00 $37,440.00 $1,834.89 $44.037.36 $1,875.00 $45,000.00
Manufacturer: PACA Protech Armor U.S. Armor Second Chance-M'f'V Second Chance M'FV
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/22/05
AGENDA ITEM:
A. Resolution authorizing the City Manager, or designee, to execute an intedocal agreement
between the City of Corpus Chdsti and Nueces County to establish terms for the shadng of
the 2005 Byrne Justice Assistance Grant (JAG) Program Award.
B. Resolution authorizing the City Manager, or designee, to submit a grant application in the
amount of $258,284 to the U. S. Department of Justice, Bureau of Justice Assistance for
funding eligible under the FY 2005 Edward Byme Memodal Justice Assistance Grant, 50% of
the funds to be distributed to Nueces County under the established intedocal agreement.
Grant funds will be used for the enhancement of law enforcement efforts by the Police
Department and Nueces County.
ISSUE: The Department of Justice provides funding opportunities each year i~ an effort to
reduce crime and improve public safely through vadous methods, including the procuring of
equipment, technology, and other matedal directly related to basic law enforcement functions.
REQUIRED COUNCIL ACTION: Approval oi~ the intedocal agreement.
FUNDING: There is no match required of the grant. Funds am available for a 4-year period
beginning 10/01/2004 (the first fiscal year of the appropriation).
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the interiocal
agreement.
Attachments:
Interlocal Agreement
BACKGROUNDINFORMA~ON
The LEBG funds for 2005 have been renamed the Justice Assistance Grant (JAG) and have
new guidelines. Since 1999, we have been deciarad a disparate jurisdiction and have agreed
to split the funds 50/50 with Nueces County; each entity filed an application separately and
handled financial and performance reporting separately. A disparate allocation occurs when
a constituent unit of local govemment is scfleduled to receive one and one half times more
(four times more for multiple units of local government) than another constituent unit(s), while
the other unit of local government bears more than 50% of the costs of prosecution or
incarceration that adse for Part 1 violent crimes reported by the geographically constituent
unit(s).
Under the new guidelines, jurisdictions certified as disparate must submit a joint application
for the aggregate of funds allocated to them, specifying the amount of the funds that are to
be distributed to each of the units of local govemment and the purposes for which the [unds
will be used. When beginning the JAG application process, a Memorandum of Understanding
(MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the
applicantJfiscal agent for the joint funds. The City and County stall met and agreed that the
City will serve as the lead agency, and the Nueces County Commissioners Court approved
the interlocal agreement as well as proposed expenditures on March 16, 2005.
JAG funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for criminal
justice for any one or more of the following purpose areas:
· Law enforcement programs · Prosecution and court programs
· Prevention and education programs · Drug treatment programs
· Corrections and community corrections programs
· Planning, evaluation, and technology improvement programs
With this tenth award, the Law Enforcement Block Grant (LEBG) program has provided a
total of $3,517,765 in grant funds to the City since the program began in 1996. The [unds
have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle
Location project, 27 police package vehicJes, 69 unmanV, ed police units, a property van,
SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital
cameras, radars, video cameras, personal computer hardware and software, an upgrade
to the c~mputer system and the radio microwave system, a mobile police substation,
polygraph instrument, air packs, SWAT rescue vehicle, and olher police equipment. Any
law enforcement or justice initiative previously eligible tot funding under Byme or LLEBG is
eligible for JAG funding.
The Police Department proposes to utilize the funds as follows:
Audio visual equipment in conference room
Replacement radios
Light bars, radars, speakers
SWAT
Bike patrol
$ 40,000
$ 6O,OOO
$ 10,000
$ 10,000
$ 10,000
Nuec~s County proposes to utilize their share of the JAG funds as follows:
Sheriff's Department
Distdct Attomey's office
Grants Administration
Jail Management System $ 62,742
Drug Prosecutor (includes fringe benefits) $ 52,000
Elmo Document Cameras & Projectors $ 9,000
Digital Cameras (w/pholo pdnter docking station) $ 1,400
Indirect Costs $ 4,000
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF CORPUS CHRISTI, TEXAS (CITY) AND NUECES COUNTY, TEXAS
(COUNTY) TO ESTABLISH TERMS FOR SHARING FUNDS FROM THE 2005
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM AWARD AND APPROVING THE SUBMISSION OF A GRANT
APPLICATION IN THE AMOUNT OF $258,284 TO THE U.S. DEPARTMENT
OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE. FOR FUNDS
AVAILABLE UNDER THE FY 2005 JAG GRANT, WHEREAS 50% OF FUNDS
RECEIVED UNDER SAID GRANT WILL BE RETAINED BY THE CITY AND
50% WILL BE DISTRIBUTED TO THE COUNTY; ALL FUNDS TO BE USED
BY CORPUS CHRISTI POLICE DEPARTMENT AND NUECES COUNTY
DURING FY 2005-2006 FOR THE ENHANCEMENT OF LAW ENFORCEMENT.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. The City Council hereby authorizes the City Manager or his
designee to execute an Interlocal Agreement between the City of Corpus Christi,
Texas and Nueces County, Texas for the purpose of establishing terms for
shadng funds received fTom the 2005 Edward Byme Memorial Justice Assistance
Grant (JAG) Program Award.
SECTION 2. The City Council hereby authorizes the City Manager or his
designee to approve the submission of a grant application in the amount of
$258,284 to the U.S. Department of Justice, Bureau of Justice Assistance, for
funds available under the FY 2005 Edward Byrne Memorial Justice Assistance
Grant (JAG) Program Award, whereas 50% of funds received under said grant
will be retained by the City of Corpus Chdsti, Texas and 50% will be distributed to
Nuecas County, Texas; all funds to be used during FY 2005-2006 by the Corpus
Christi Police Department and Nueces County for the enhancement of law
enforcement.
SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus
Christi, Texas assures that the funds will be returned to the U.S. Department of
Justice, Bureau of Justice Assistance, in full.
AI-r'EST:
THE Ci'rYOFCORPUSCHRISTI
Armando Chapa Samuel L. Neal, Jr,
City Secretary Mayor
Legal form approved ~'~' ~ 2005
Randy A. Stoneroad
Assistant City Attorney
GMS APPLICATION NUMBER
THE STATE OF TEXAS
COUNTY OFNUECES
KNOW ALL BY THESE PRESENT
INTERLOCALAGREEMENT
BETWEEN THE CITY OF CORPUS CHRIS~,TEXAS AND COUNTY OF
NUECES, TEXAS
2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This agreement is made and entered into this day of .2005, by
and between the COUNTY of NUECES, acting by and through its governing
body, the Commissioners Court, hereinafter referred to as COUNTY, and the
CITY of CORPUS CHRISTI, acting by and through its governing body, the City
Council, hereinafter referred to as CITY, both of Nueces County, State of Texas,
witnesseth:
WHEREAS, this Agreement is made under the authority of Section 791.011 (a),
Government Code: and
WHEREAS. each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that
party: and
WHEREAS, each governing body finds that the performance of this Agreement
is in the best interests of both parties, that the undertaking will benefit the public,
and that the division of costs fairly compensates the performing party for the
services or functions under this agreement: and
WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%) of all
funds received from the JAG award: and
WHEREAS. the CITY and COUNTY believe it to be in their best interests to
reallocate the JAG funds.
GMS APPLICATION NUMBER
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of fifty percent (50%) of JAG funds received
from this award.
Section 2.
COUNTY agrees to use the fifty percent (50%) of JAG funds received from CITY
under this agreement for the enhancement of law enforcement during its 2005-
2006 fiscal year.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against COUN'['Y other than claims for which liability may be imposed by the
Texas Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against CITY other than claims for which liability may be imposed by the Texas
Tort Claims Act,
Section 5.
Each party to this Agreement will be responsible for its own actions in providing
services under this Agreement and shall not be liable for any civil liability that
may arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those set out herein. Further, this
Agreement shall not create any rights in any party not a signatory hereto,
GMS APPLICATION NUMBER
CITY OF CORPUS CHRISTI
COUNTY OF NUECES
George K. Noe
City Manager
Terry Shamsie
County Judge
ATTEST:
Armando Chapa
City Secretary
Diana Barrera
County Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Laura Garza Jimenez
County Attorney
7
AGENDA MEMORANDUM
City Council Action Date: March 22, 2005
AGENDA ITEM:
Item A: A resolution authorizing the City Manager or his designee to accept a grant
from the Texas Department of State Health Services (DSHS) in the amount of $89,782
for diabetes prevention and management services.
Item B: An ordinance appropriating a grant from the Texas Department of State
Health Services (DSHS) in the amount of $89,782 in the No. 1066 health grants
fund for diabetes prevention and management services; and declaring an
emergency.
ISSUE: The Health Distdct is in receipt of Attachment #02 to Contract #7460005741-2006
Change No. 1, with the Department of State Health Services. The Health Distdct in
collaboration with the Coastal Bend Health Educabon Center (CBHEC) has developed an
educational diabetes program for diabetics as well as individuals and family members at
dsk for diabetes. This project addresses two unmet needs in this area: 1.) lack of
"prevention" education programs and 2.) increased capacity of existing programs for
persons/families with diabetes. The grant pedod is from Apdl 1,2005 to March 29, 2006.
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Council approved the pilot project for FY04-05.
FUNDING: There is no match funding required by the City.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for a family focused community diabetes
service project.
Annette Roddgue~, M_P.H.
Acting Director of Public Health
BACKGROUNDINFORMATION
This is a renewal grant that has been provided to the Health Distdct from DSHS. The
purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus
in our area. This contract pedod will increase diabetes education programs for individuals
at risk for developing diabetes. No matching funds are required. The grant provides for
one full time program coordinator and a part-time program assistant. Activities supported
by this funding include travel, and supplies for items such as incentives, ie. Podometers,
needed to increase client participation.
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
DSHS Document No. 7460005741 2006
COUNTY OF TRAVIS
Contract Change Notice No. 01
The Department of State Health Services, herethafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in
writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred lo as
PERFORMING AGENCY. The parties thereto now desire to amend such contract anachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT NO. 02 : DIABETES COMM. DIABETES SERV1CES
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Contracting Emity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
CORPUS CltRIffrI-NUECES COUNTY PUBLIC
HEALTH DIb'I'RICT (CITY')
By:
(Signature of person authorized to sign)
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign contract
RECEIVING AGENCY:
DEPARTMENT OF STATE HEALTi][ SERVICES
By:
(Signature of person authorized to sign)
Bob Burnette, Director
Procurement and ContractinR Services Division
(Name and Title)
Date:
MB PCSD - Rev. 6/04
Cover Page I
DETAILS OF ATTACHMENTS
Al£/ DSHS Program ID/ Term Financial Assistance Direct Total Amount
Amd DSHS Purchase Assistance (DSHS Share)
No. Order Number Begin End Source of Amount
Funds*
TB/PC
01 00GO302370 01/01/05 12/31/05 93.116 109,526.00 0.00 109,526.00
D1AB/CDSP
02 0000304678 04/01/05 03/29/06 93.988 89,782.00 0.00 89,782.00
DSHS Document No.7460005741 2006 Totals
Change No. 0l $199,308.00 $ 0.00 $199,308.00
*Federal funds are indh:ated by a number from the Catalog of Federal Domestic Assistance (CFDA), ff applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
DOCUMENT NO. 7460005741-2006
ATTACHMENT NO. 02
PURCHASE ORDER NO. 0000304678
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: TEXAS DIABETES PROGRAM
TERM: April 01, 2005 THRU: March 29, 2006
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall design, implement, and evaluate a Family Focused Cornmunity
Diabetes S~-vices Project (FFCDSP). This project shall provide community-based diabetes
prevention and management interventions that implement population-based and evidence-based
programs and strategies at the community level, and inform and educate commumty leaders
about evidence-based community, systems, and environmental changes that support and impact
diabetes primary and secondary preventive measures. Th/s project shall target families in high-
risk populations - racial and ethnic minorities who have disproportionate rates and burdens of
diabetes and limited access to health care.
PERFORMING AGENCY shall be responsible for designing, implementing, and evaluating the
FFCDSP project. PERFORMING AGENCY shall meet the following objectives through the
FFCDSP project and shall provide evidence that the FFCDSP project is meeting the following
objectives:
· Increase opportunities for implementing positive behavior and lifestyle changes (e.g.,
increased and continuing physical activity and healthy eating) in people who already have
diabetes and those who are at risk of developing diabetes;
· Increase community, environmental, and systems changes in various community sectors
(schools, businesses, faith communities, neighborhoods, health systems and food
industry) that facilitate ongoing, increased physical activity and healthy eating among the
general population, especially those with diabetes and "pre-diabetes";
· Institute project strategies or community policy and environmental changes conducive to
risk reduction;
· Increase public and provider knowledge of the symptoms, risk factors and target goals of
diabetes, pm-diabetes and gestational diabetes and the importance of physical activity and
healthy eating in preventing and delaying or managing the disease and its complications;
and
· Increase the knowledge of health care providers, payers, and their patients and
implementation of the Texas Diabetes Council's (TDC) Minimum Standards for Diabetes
ATTACHMENT Page I
· Provide at least 30 radio activities;
· Publish at least 3,400 print advertisements (e.g., newspapers, church bulletins,
business inserts or newsletters);
· Provide at least 200 websites, kiosks, etc.; and
· Distribute at least 1,024 printed materials (e.g., NDEP, TDC, and other diabetes-
related literature.
PERFORMiNG AGENCY shall provide the following reports:
· Monthly performance reports accounting for key activities in work plan implementation
(anecodotal and statistical), prepared in a format approved by RECEiViNG AGENCY
Program, and due ten (10) days after the end of each month;
· Quarterly reports analyzing progress on work plans and development of succussful
strategies, prepared in a format approved by RECEIVING AGENCY Program, and due
twenty (20) days after the end of each quarter; and
· A year-end project surmnary of achievements and level of accomplishing objectives for
end of contract period and recorm-nended practices and processes for achieving
objectives, prepared in a format approved by RECEWING AGENCY Program, and due
thirty (30) days after the end of the contract Attachment term.
The numbers above indicate the minimum for each performance measure. This value is subject
to change upon written agreement between RECEWING AGENCY and PERFORMING
AGENCY. Work plan activities and deadlines shall not be changed without prior approval from
RECEIVING AGENCY.
PERFORMING AGENCY shall notify RECEWING AGENCY Program Director, Diabetes
Program, of any changes in project staff or contact information within fourteen (14) days of such
change(s).
PERFORMING AGENCY'S Project Coordinator and support staff shall attend all scheduled
trainings held by RECEIViNG AGENCY unless prior approval is obtained from authorized
RECEIViNG AGENCY Program staff for absences.
PERFORMING AGENCY shall receive prior approval from RECEIVING AGENCY on any
proposed educational media campaigns for the public or health care professionals. This
requirement does not apply to promotional campaigns for local events. PERFORMING
AGENCY shall use NDEP materials whenever possible. PERFORMING AGENCY shall
include the following credit on all printed, audio or visual materials developed as part of this
program: "Funding provided by the Department of State Health Services, Texas Diabetes
Program."
SECTION II. SPECIAL PROVISIONS:
None.
ATTACHMENT Page 4
SECTION III. BUDGET:
PERSONNEL $11,430.00
FRINGE BENEFITS 1,497.00
TRAVEL 1,726.00
EQUIPMENT 0.00
SUPPLIES 0.00
CONTRACTUAL 75,129.00
OTHER 0.00
TOTAL
$89,782.00
Total reimbursements will not exceed $89,782.00.
Financial status reports are due the 30th of July, 30th of October, 30th of January, and the 30th
o f June.
ATTACHMENT Page 5
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES IN THE AMOUNT OF $89,782 FOR DIABETES
PREVENTION AND MANAGEMENT SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to a grant from the Texas
Department of State Health Services in the amount of $89,782 for diabetes prevention
and management services.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: March 14, 2005
Assia ~t C~ty Attomey
for the City Attorney
H:~LEG-DIR~elizabeth'~ep[ Files~EH Resolu[ions~EHres153.dec
AN ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF
STATE HEALTH SERVlCESIN THE AMOUNT OF $89,7821N THE
NO. 1066 HEALTH GRANTS FUND FOR DIABETES PREVENTION
AND MANAGEMENT SERVICES; AND DECLARING AN
EMERGENCY.
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant, from the Texas Department of State Health Services, in the
amount of $89,782 is appropriated in the No. 1066 Health Grants Fund for diabetes
prevention and management services.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
,2005.
A'I-rEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: March 14, 2005
Eliz~b.,~th Hundley ,..---
Asst~ant City Attorney
for the City Attorney
H:~.EG-DIR~elizabe[h'~Dep[ Files~EH Ordinances~Hordl63.doc
8
AGENDA MEMORANDUM
CITY COUNCIL ACTION DATE: March 22, 2005
SUBJECT: Northside/Port Area Infrastructure Improvements (Project No. 8468)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change
Order No. 7 to a contract with Jalco Inc. of Houston, Texas in the amount of $233,309.66
for the Northside/Port Area Infrastructure Improvements.
ISSUE: The proposed change order is necessary to continue the wastewater infrastructure
improvements to support the Northside/Port development, including the construction of the
professional minor league baseball stadium in the Port of Corpus Chdsti area. Dudng
construction, the existing conditions found for the installation o1: a 36" diameter sanitary
sewer line were different than shown on the plans. Consequently, changes had to be made
to the proposed work.
FUNDING: Funds to finance the proposed project are available in the FY 2004-2005
Wastewater Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell
Director of Wastewater Services
Director of Engineering Services
Additional Sul~port Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Map
AGENDABACKGROUNDINFORMATION
SUBJECT: Northside/Pod Area In[rastructure Improvements (Project No. 8468)
PRIOR COUNCIL ACTION:
1. October 14, 2003 - 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. (Motion No. 2003-370)
2. October 14, 2003 - 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. (Motion No. 2003-371)
3. October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute
a geotechnical investigation contract in an amount not to exceed $33,400.00 with
Kleinfelder of Corpus Christi, Texas for the professional minor league baseball
stadium. (Motion No. 2003-389)
4. November 11. 2003 - Motion authorizing the City Manager, or his designee, to
execute a demolition contract with Cherry Demolition Company, o[ 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 o[
Corpus Christi Authority to purchase the property. (Motion No. 2003-405)
5. 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 with
Wilbur Smith and Associates Inc. of Dallas, Texas for a parking, roadway and traffic
study for the professional minor league baseball stadium. (Motion No. 2003-434)
6. December 16, 2003 - Motion authorizing the City Manger to execute a binding
agreement with RSR Sports, Inc. relating to the location and operation of a minor
league baseball team in the Cib/. (Motion No. 2003-452)
7. January 27, 2004 - Motion authorizing the City Manager, or his designee, to
execute a consultant contract for engineering services with MEI Govind, Inc. of
Corpus Christi, Texas in the amount o[ $351,021 for Northside/Port Area
Infrastructure Improvements. (Motion No. 2004-036)
8. February 10, 2004 - Approving the FY 2003-2004 Capital Budget in the amount of
$173,624,300. (Ordinance No. 025647)
9. June 8, 2004 - Motion authorizing the City Manager, or his designee, to award a
construction contract to Jalco, Inc. of Houston, Texas in the amount ol~
$5,355,307.30 for the Northside/Port Area Infrastructure Improvements. (Motion
No. 2004-211)
10. June 8, 2004 - Motion authorizing the City Manager, or his designee, to award
Change Order No. 1 to the construction contract with Jalco, Inc. of Houston, Texas
in the amount of $317,479.10 for the Northside/Port Area Infrastructure
Improvements. (Motion No. 2004-212)
11. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute an
inspection services contract with Goldston Engineering, Inc. of Corpus Christi,
Texas in an amount not to exceed $260,000 for the Northside/Port Area
I EXHIBIT"A" I
Page 1 of 4
Infrastructure Improvements and Resaca Li~t Station and 48" Wastewater Gravity
Line projects. (Motion No. 2004-213)
PRIOR ADMINISTRATIVE ACTION:
1. 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.
2. November 12, 2003- Addendum No. 1 to the 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.
3. January 9, 2004 - Executed testing agreement with Fugro South, Inc. in the amount
of $11,935 for the Northside/Port Area Infrastructure Improvements.
4. Mamh 2, 2004 - Executed Amendment No. 1 to the testing agreement with Fugro
South, Inc. in the amount of $2,470, for a total re-stated fee of $14,405, for the
Northside/Port Area Infrastructure Improvements.
5. Auclust 18, 2004 - Executed Change Order No. 2 to the construction contract with
Jalco, Inc. of Houston, Texas in the amount of $17,161 _50 for the Northside/Port
Area Infrastructure Improvements.
6. September 2, 2004 - Executed Amendment No. 1 to the engineering consultant
contract with Maverick Engineering of Corpus ChdstJ, Texas in the amount of
$24,856.50 for the Northside/Port Area Infrastructure Improvements.
7. September 9, 2004 - Executed Change Order No. 3 to the construction contract
with Jalco, Inc. of Houston, Texas in the amount of $20,458.33 for the
Norlhside/Port Area Infrastructure Improvements.
8. October 15.2004 - Executed Change Order No. 4 to the construction contract with
Jalco, Inc, of Houston, Texas in the amount of $22,630.00 for the Northside/Port
Area Infrastructure Improvements.
9. December 8, 2004 - Executed Change Order No. 5 to the construction contract with
Jalco, Inc. of Houston, Texas in the amount of $18,517.00 for the Northside/Pod
Area Infrastructure Improvements.
10. Februaw 10, 2005 - Executed Change Order No. 6 to the construction contract with
Jalco, Inc. of Houston, Texas in the amount of $19,661_84 for the Northside/Pod
Area Infrastructure Improvements.
PROJECT BACKGROUND: On November 5, 2002, city voters approved the
implementation of a 4A sales and use tax, a portion of which was to be used for
construction of a professional minor league baseball stadium in the Port of Corpus Christi
area. The intent of Northside/Port Area infrastructure improvements is to improve water,
wastewater and storm water services for the new baseball park, Port area, expanded
convention center and new arena area and for future developments in this general area. In
order to meet the April 2005 commitment for completion of the baseball stadium, this
project was placed on a design "fast track," which abbreviated the normal design time
frame in order to increase the required construction activity time frame.
PROJECT DESCRIPTION: As part of the Northside/Port Area infrastructure improvement
project, a new 36' sanitary sewer was proposed to replace an existing 24' sanitary sewer
that is under U.S. 181 at Power Street. Replacement of this sewer was desirable for two
basic reasons: ~ts age and unknown condition and its limited capacity. The existing sewer
I EXH,BIT"A" I
Page 2 ol~ 4
was constructed in 1956-1957 and is the major trunk system that provides service from the
Bayfront/Downtown area to the Broadway Wastewater Treatment Plant. When U.S. 181
and the Harbor Bridge were constructed in 1957-1959, the roadway was designed to
accommodate this existing sewer. This was done by spacing the pilings that support the
roadway at an interval that straddled the sanitary sewer.
When the current infrastructure project was designed, research was done on the pile
spacing to determine if another sewer could be constructed to either replace or supplement
the existing sewer. It was found that the spacing on the piles is too close to allow for a new
sewer to be constructed at a location different from the location of the existing sewer.
Therefore, the new design had to be based on the removal and replacement of the existing
24' sewer with a 36" sewer. This new 36' sewer would also be constructed under the new
Tancahua Street and would ultimately flow to the new Resaca Lift Station which will feed a
new Broadway WWTP.
The plans called for by-passing the flow of the existing sewer around the section under
U.S. 181; boring/tunneling a 48' steel casing pipe that removed the existing 24' sewer as it
was installed; and placing a new 36' sanitary sewer inside the 48' steel casing pipe. Work
was begun on this and 84 feet of steel casing pipe was installed when an obstacle of major
significance was encountered. Unknown to anyone (and not part of any records), the
existing 24' sewer was found to be encased in concrete. This eliminated the possibility of
boring/tunneling and removing the existing sewer.
Since the by-pass pumping was in place, it was now possible to do something that had
never before bccn possible: to clean and televise the existing 24' sewer. When this was
done, the existing sewer was found to be in excellent condition, thereby eliminating the
need to replace it. However, additional capacity is needed to serve the anticipated future
growth of the Bayfront/Downtown area. Since another location is not possible for the
additional sewer, the best and most economical approach is to install a parallel 24' sanitary
sewer directly over the top of the existing 24" sanitary sewer. With this approach, all normal
flows will go through the lower sewer. During peak flows and when development creates
more demand, the higher sewer will take these flows.
This change order provides for the change from the original design to a design that
accommodates the existing conditions and still satisfies both the present and future needs
of the City.
CHANGE ORDER DESCRIPTION: Change Order No. 7 consists of the following:
Add the followino bid items to the contract:
D45. 36" Casing w/24" Carrier and tie-ins - 240 L.F. @ $1,200.00/L.F.
D46. Install 24" in 48" Casing - 84 L.F. @ $287.40/L.F.
D47. Additional By-Pass Pumping - 3 Mo. @ $19,563.33/Mo.
D48. Additional Traffic Control - 3 Mo. @ $4,772.50/Mo.
D49. 48" Casing Restocking Fee - 181 L.F. @ $53.50/L.F.
D50. Cleaning & Televising Existing 24" VCP -/L.S. @ $11,727.18/L.S.
D51. Fiber optic Cable Relocation - 1 L.S. @ $25,849.89/L.S.
SUBTOTAL
I
$288,000.00
$ 24,141.60
$ 58,689.99
$ 14,317.50
$ 9,683.50
$ 11,727.18
$ 25,849.89
$432,409.66
EXHIBIT "A" I
Page 3 of 4
Deduct the followincl ouantih/ from the bid flem:
D12. 48"Bore & Casing for 36" Sanitary Sewer-
181 L,F. @ $1,100.00/L.F.
$199,100.00
NET-ADD $233.309,66
CONTRACT TERMS: It is recommended that the contractor be granted 121 calendar days
additional time with the stipulation that all roadway improvements on Tancahua Street and
Port Avenue be completed no later than Apdl 4, 2005.
EXHIBIT"A"
Page 4 o! 4
Department o1' Engineering Services
Change Order Summary Sheet
Mamh 22, 2005
PROJECT:
Not, side/Port Area Ini'rastructure Improvements
Project No: 8468
APPROVED: C~ Council on 6/~/04, by Motion No. M20(~1-211
CONTRACTOR:
Jalco, Inc.
P. O. Box 27368
Houston, TX 77227-7368
TOTAL CONTRACT AMOUNT .....................................
25% Limit Amounl .........................................................
Change Order No. 1 (6/8/O4)Council .............................
Change Order No. 2 (8/18/O4) ......................................
Change Order No. 3 (9/9/04) ......................................
Change Order No. 4 (10/15/04) .....................................
Change Order No. 5 (12/8/04) .......................................
Change Order No. 6 (2/10/05) .......................................
Change Order No. 7 (3F22/05) ......................................
Total ..............................................................................
$5,355,307.30
1,338,826.83
317,479.10
17,161.50
20,458.33
22,630.00
18,517.00
19,661.64
233,309.66
649.217.43= 12.12% < 25%
EXHIBIT
Page 1 ol 1
File : ~Mprojec[\councilexhibits\exhO00 ! dwg
SI TE
VICINITY MAP
NOT TO SCALE
PROf~OS~D
BROADWAY
TREATMENT PLANT
CITY PROJECT No. 8468
LOCATION MAP
NOT TO SCALE
PROPOSED 24" SANZTARY SEWER
AT POWER STREET
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "C"
CITY COUNCIL EXHIBIT ~
OEP~T OF ENGINE~ING SERVICES
PAGE: I of I
____---
DATE: 05-15-2005 ~
9
AGENDA MEMORANDUM
March 22, 2005
SUBJECT: Police and Fire Public Safety Training Facility, Phase I - Project No. 5118
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for
the Police and Fire Public Safety Training Facility, Phase 1 in the amount of $52,270 with
Barcom Commercial, Inc. for installation of an irrigation system and hydromulch seeding.
FUNDING: Funding is available from the Public Health and Safety 2001 CIP Fund.
RECOMMENDATION: Approval of the motion as presented.
!
',0~ r e ct o r ire n~g i"n~e n~.~'g~'S erv i c~//' ~-~'~'~
~1 R.~Escobar, P.E. ~/"
ADDITIONAL INFORMATIONL
Exhibit A. Background Information
Exhibit B. Budget
Exhibit C. Change Order Summary
Exhibit D. Location Map
H:~-IOME~,KEVINS',~EN~OLICE~5118TrainingFacilib/Ph 1\CO 1Memo doc
BACKGROUND INFORMATION
CHANGE ORDER: The change order provides for the replacement of deteriorated HVAC
flex duct (grilles and boxes) in the basement, first and second floors, The change order will
replace approximately 3,310 linear feet of flex duct, boxes, and associated gdlles. The
price of gdlles with 8' of duct is $7.35 each. The cost of duct box in 5' sections is $33.98
each. The contract included a bid item for duct replacement to establish a unit cost price
for flex duct replacement. The cost of the change order is based on the bid unit pdce.
The contract documents contemplated that such replacement would be necessary, but it
was not possible to determine the amount to be replaced without a disruptive
comprehensive inspection. Inspection of the duct requires a partial dismantling of the
ceiling gdd and duct system. Internal inspection is then accomplished via a video recording
of duct condition by a remote controlled robot.
PRIOR COUNCIL ACTIONS:
November 11, 2003 -
a. Ordinance appropriating $60,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hail CIP Fund to provide funding for architectural services for the City
Hall Renovation Phase 1 Project; Amending the FY 2003 Capital Budget adopted by
Ordinance 025144 by increasing appropriations by $60,000.00; and declaring an
emergency (Ordinance No. 025548).
b. Motion authorizing the City Manager, or his designee, to execute an architectural
services contract with Dykema Architects, Inc., of Corpus Chdsti, Texas in an amount
not to exceed $60,000 for City Hall Renovation Phase 1 Project (M2003-401).
April 13, 2004-
a. Ordinance appropriating $210,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund to provide funding for architectural services for the City
Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by
Ordinance 025647 by increasing appropriations by $210,000,00; and declaring an
emergency (Ordinance No. 025715).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to
the architectural services contract with Dykema Architects, Inc., of Corpus Christi,
Texas in an amount not to exceed $194,000 for City Hall Renovation Phase 2 Project,
(M2004-150).
June 24, 2004 -
a. Ordinance appropriating $30,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall ClP Fund to provide funding for architectural services for the City
Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by
Ordinance 025647 by increasing appropriations by $30,000.00; and declaring an
emergency (Ordinance No. 025809).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to
the architectural services contract with Dykema Architects, Inc., of Corpus Chdsti,
Texas in an amount not to exceed $26,600 for City Hall Renovation Phase 2 Project
(M2004-238).
A II
Page I of 2
H:~-IO M E'~EVINS\G E NV~ITYHALL~004Ren ovalion s\CO5 B kg ExhA.dec
November 16, 2005 -
a. Ordinance appropriating $3,920,900 from the unappropriated claim settlement from City
Hall CIP Fund No. 3160 for the City Hall Renovation Phase 2 Project; amending Capital
Budget adopted by Ordinance No. 025647 by increasing appropdations by $3,920,900;
and declaring an emergency.
b. Motion authorizing the City Manager or his designee to execute a construction contract
with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $3,524,900 for
the City Hall Renovation Phase 2 Project.
c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to
the architectural contract for enhanced construction phase management services with
Dykema Architects, Inc., of Corpus Chdsti, Texas in an amount not to exceed $39,500
for City Hall Renovation Phase 2 Project.
PRIOR ADMINISTRATIVE ACTIONS:
January 31, 2005 - Approval of Change Order No. I with Barcom Commercial, Inc. in the
amount of $4,407.80 for additional millwork, office window, and sidelights for the City Hall
Renovation Phase 2 Project.
March 1, 2005 - Approval of Change Order No. 2 with Barcom Commercial, Inc. in the
amount of $24,793.48 for additional work in seven offices, electrical duplexes,
communication drops and disconnection and reconnection of 218 VAV boxes by licenses
electrician for the City Hall Renovation Phase 2 Project.
March 8, 2005 - Approval of Change Order No. 3 with Barcom Commercial, Inc. in the
amount of $20,795.65 for first floor electrical feeder and panels for additional emergency
power for the City Hall Renovation Phase 2 Project.
March 14, 2005 - Approval of Change Order No. 4 with Barcom Commercial, Inc. in the
amount of $14,440.38 for first floor computer cable, power and testing of boiler water pdor
to connection of new coils for the City Hall Renovation Phase 2 Project.
H :~-IO ME~EVIN S~GEN~CITYHAL L',.2004Re nova[lo ns~;O5Bkg ExhA.doc
I EXHIBITA t
Page 2 of 2
PROJECT BUDGET
FIRE/POLICE TRAINING FACILITY
(PHASE 1 FIRE TOWER AND RANGE)
(Project No. 5118)
March 22, 2004
FUNDS AVAILABLE:
Public Health and Safety ClP Fund ...................................
Water ClP Fund ...........................................................
Wastewater CIP Fund .................................................
Storm Water ClP Fund ......................................................
TOTAL FUNDS AVAILABLE ....................................................
FUNDS REQUIRED:
Construction (Barcem Commercial) ...........................................
Change Order No. 1 (Irrigation & hydromulch)
Contingencies (10%) ...........................................................
Consultant (Co[ten Landreth Kramer Architects, Inc.) .....................
Consultant (Urban Engineering) ..............................................
Testing (Rock Engineering) ....................................................
Engineering Reimbursements ................................................
Administrative Reimbursements ...............................................
Bond Issuance Expense ..........................................................
Incidental Expenses (Printing, Advertising, etc.) ...........................
TOTAL FUNDS REQUIRED .....................................................
$1,700,000.00
$118,000.00
$175,00Q00
$32,715.00
$2,025,715.00
$1,400,123.00
$52,270.00
84,730.00
361,101.00
4,500.00
20,241.00
50,000.00
25,000.00
21,250.00
6,500.00
$2,025,715.00
EXHIBIT "B"
Page 1 of 1
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
MARCH 22, 2005
PROJECT: Police & Fire Public Safety Training Facility, Phase 1
Project No. 5118
APPROVED: COUNCIL MOTION No. 2004-234
APPROVED 6/29/04
CONTRACTOR:
Barcom Commercial, Inc.
1710 SP.I.D, Ste. B
Corpus Christi, TX 78416
TOTAL CONTRACT AMOUNT .....................
25% Limit Amount .........................................
1,400,123.00
350,030.75
Change Order No. 1 (03/22/04) .....................
Total ..............................................................
52,270.00
52,270.00= 3.73% < 25%
Exhibit C
Page 1 of 1
~Mproject ~counc~lexhib~ts ~exh5118A dwg
"PROJECT LOCATION
LOCATION MAP
NOT TO SC. ALE
N
PROJECT SITE~...,.,,. o
FIRE I '
PROJECT SITEh
POL ICE
CIP PROJECT No. 5118
VICINITY MAP
NOT TO SCALE
EXHIBZT "D"
POLICE AND FIRE PUBLIC SAFETY
TRAINING FACILITY Phase 1
CHANGE ORDER NO. I
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
OE~R~E~ OF ENGINEERING SERVICES
PAGE: 1 o£ 1
DATE: 05/10/2005
10
AGENDA MEMORANDUM
March 22, 2005
SUBJECT: City Hall Renovations - Project No. 4311
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with
Barcom Commercial, Inc. for the City Hall Renovation and Space Utilization in the amount
of $27,968.60
FUNDING: Funding is available from the City Hall CIP Fund.
RECOMMENDATION: Approval of the motions as presented.
cobar, P. E.
r of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Preliminary Budget
Exhibit C. Change Order Summary
Exhibit D. Site Map
H:~H OM E'~EVINS~G E N\CITYHALL~004 Renovalio n s\C 05 Memo.d oc
BACKGROUNDINFORMATION
CHANGE ORDER: The change order provides for the replacement of deteriorated HVAC
flex duct (grilles and boxes) in the basement, first and second floors. The change order will
replace approximately 3,310 linear feet of flex duct, boxes, and associated grilles. The
price of gdlles with 8' of duct is $7 35 each. The cost of duct box in 5' sections is $33.98
each. The contract included a bid item for duct replacement to establish a unit cost price
for flex duct replacement. The cost of the change order is based on the bid unit price.
The contract documents contemplated that such replacement would be necessary, but it
was not possible to determine the amount to be replaced without a disruptive
comprehensive inspection. Inspection of the duct requires a partial dismantling of the
ceiling grid and duct system. Intemal inspection is then accomplished via a video recording
of duct condition by a remote controlled robot.
PRIOR COUNCIL ACTIONS:
November 11, 2003-
a. Ordinance appropriating $60,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund to provide funding for architectural services for the City
Hall Renovation Phase I Project; Amending the FY 2003 Capital Budget adopted by
Ordinance 025144 by increasing appropriations by $60,000.00; and declaring an
emergency (Ordinance No. 025548).
b. Motion authorizing the City Manager, or his designee, to execute an architectural
services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount
not to exceed $60,000 for City Hall Renovation Phase 1 Project (M2003-401).
April 13, 2004-
a. Ordinance appropriating $210,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund to provide funding for architectural services for the City
Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by
Ordinance 025647 by increasing appropriations by $210,000.00; and declaring an
emergency (Ordinance No. 025715).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to
the architectural services contract with Dykema Architects, Inc., of Corpus Christi,
Texas in an amount not to exceed $194,000 for City Hall Renovation Phase 2 Project.
(M2004-150).
June 24, 2004-
a. Ordinance appropriating $30,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund to provide funding for architectural services for the City
Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by
Ordinance 025647 by increasing appropriations by $30,000.00; and declaring an
emergency (Ordinance No. 025809).
b Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to
the architectural services contract with Dykema Architects, Inc., of Corpus Christi,
Texas in an amount not to exceed $26,600 for City Hall Renovation Phase 2 Project
(M2004-238).
I EXHIBITA 1
Page 1 of 2
H:~HOME~J~EVINS\GEN\CITYHALL~2OO4Renovations\COSBkgEx~A doc
November 16, 2005 -
a. Ordinance appropriating $3,920,900 from the unappropriated claim settlement from City
Hall ClP Fund No. 3160 for the City Hall Renovation Phase 2 Project; amending Capital
Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,920,900;
and declaring an emergency.
b. Motion authorizing the City Manager or his designee to execute a construction contract
with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $3,524,900 for
the City Hall Renovation Phase 2 Project.
c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to
the architectural contract for enhanced construction phase management services with
Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $39,500
for City Hall Renovation Phase 2 Project.
PRIOR ADMINISTRATIVE ACTIONS:
January 31,2005 -Approval of Change Order No. I with Barcom Commercial, Inc. in the
amount of $4,407.80 for additional millwork, office window, and sidelights for the City Hall
Renovation Phase 2 Project.
March 1, 2005 - Approval of Change Order No. 2 with Barcom Commercial, Inc. in the
amount of $24,793.48 for additional work in seven offices, electrical duplexes,
communication drops and disconnection and reconnection of 218 VAV boxes by licenses
electrician for the City Hall Renovation Phase 2 Project.
March 8, 2005 - Approval of Change Order No. 3 with Barcom Commercial, Inc. in the
amount of $20,795.65 for first floor electrical feeder and panels for additional emergency
power for the City Hall Renovation Phase 2 Project.
March 14, 2005 - Approval of Change Order No. 4 with Barcom Commercial, Inc. in the
amount of $14,440.38 for first floor computer cable, power and testing of boiler water pdor
to connection of new coils for the City Hall Renovation Phase 2 Project.
H:~HOME~EVINS~EN~CITYHALL~004Renovations\CO5BkgExhA.doc
EXHIBI-'~ 'A I
Page 2 oF 2
CITY HALL RENOVATION AND SPACE UTILIZATION - PROJECT No. 431'1
PROJECT BUDGET
March 22, 2005
FUNDS AVAILABLE:
City Hall ClP Fund
ESTIMATED
BUDGET
$ 4,162,980.00
FUNDS REQUIRED:
Construction Cost (Malek, Inc.)
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Construction Contingencies (5.9%)
AE Consultant (Dykema Architects)
Construction Inspection
Testing
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising, etc.)
Total $ 4,162,980.00
$ 3,524,900.00
4,407.80
24,793.48
20,795.65
14,440.38
27,968.60
207,594.09
281,580.00
N.A.
N.A.
12,500.00
35,000.00
9,000.00
Total $ 4,162,980.00
EXHIBIT "B" I
Page I of I
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
March 22, 2005
PROJECT: CITY HALL RENOVATION & SPACE UTILIZATION
Project No. 4311
APPROVED: COUNCIL MOTION 2005-421
APPROVED 11/16/04
CONTRACTOR:
Barcom Commercial, Inc.
1710 S. Padre Island Drive, Suite B
Corpus Christi, TX 78416
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount .........................................
$3,524,900.00
881,225.00
Change Order No. 1 (01/31/05) .....................
Change Order No. 2 (03/01/05) ....................
Change Order No. 3 (03~08~05) ...................
Change Order No. 4 (03/14/05) ...................
Change Order No. 5 (03~22~05) ....................
Total ...............................................................
4,407.80
24,793.48
20,795.65
14,440.38
$27,968.60
$92,405.91 = 2.62% < 25%
Exhibit C
Page 1 of 1
File . ~Mproject~councilexh~b;t£~exh4~11 3.dwg
NUECES BAY
N
PROJECT
LOCATION
LOCATION MAP
NOT TO SCALE
CORPUS CHRISH BAY
VZCT_NT_TY MAP
CITY PROJECT No. 4311 NOT TO SCALE EXHT_BZT "D"
CITY HALL RENO VA TIONS
CHANGE ORDER NO. 5
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of I ~ ~
DATE: 05- 10-2005 ~
11
AGENDA MEMORANDUM
DATE: March 22, 2005
SUBJECT: Sidewalk Accessibility Improvements
Project No. 6151
AGENDA ITEM:
a. Ordinance appropriating $3,682.45 from interest eamings into the Street 1995 B CIP
Fund No. 3538 for the Advanced Fund Agreement Sidewalk Accessibility Improvement
Project with Texas Department of Transportation; amending the Capital Budget
adopted by Ordinance No. 025647 by increasing appropriations by $3,682.45; and
declaring an emergency.
Motion authorizing the City Manager, or his designee, to increase the escrow amount of
the Advanced Funding Agreement with the Texas Department of Transporlation
(TxDOT) in the estimated amount of $216,355.10 for construction of barrier free ramps
and sidewalks at selected street locations associated with the Sidewalk Accessibility
Improvements project.
ISSI,IE:
The Iow bidder for the project exceeded TxDOT's estimated project cost requiring an
increase in local funding participation. The Advanced Funding Agreement requires the City
to fund its share of any increase in project costs in order for the project to proceed.
FUNDING: Funding is available in the Street CIP Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
f
Escobar, P. E.,
Director of Engineering Services
Additional Sul3Dort Material:
Exhibit 'A" Background Information
Exhibit"B" TXDOT Request for Additional Funding
Exhibit "C" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Sidewalk Accessibility Improvements
Project No. 6151
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to
approve a Master Agreement Governing Local Transportation Project Advance
Funding Agreements with the Texas Department of Transportation. (Resolution
024478).
3. Auqust 28, 2001 - Resolution authorizing the City Manager, or his designee, to
approve Amendment No. 1 to the Master Agreement Governing Local
Transportation Project Advance Funding Agreements with the Texas Department of
Transportation. (Resolution 024555).
4. November 20, 2001 - Resolution authorizing the City Manager, or his designee, to
execute an Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) in the amount of $240,900 for construction of barrier free
ramps and sidewalks at selected street intersections associated with the Sidewalk
Accessibility Improvements project.
5. July 20, 2004 - Resolution authorizing the City Manager, or his designee, to
increase the escrow amount of the Advanced Funding Agreement with the Texas
Department of Transportation (TxDOT) in the estimated amount of $47,601.13 for
construction of barrier free ramps and sidewalks at selected street locations
associated with the Sidewalk Accessibility Improvements project (Resolution No.
O2584O).
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. November 15, 2004 - Approval of Change Order No. I in the amount of $4,642.80
for additional surveying with the Texas Department of Transportation for the
Exhibit A
Page 1 of ;3
Sidewalk Accessibility Improvements project.
December 24, 2004 - Approval of Change Order No. 2 in the amount of $7,744.72
for tree trimming with the Texas Department of Transportation for the Sidewalk
Accessibility Improvements project.
December 24, 2004 - Approval of Change Order No. 3 in the amount of $8,631.99
for irrigation repairs with the Texas Department of Transportation for the Sidewalk
Accessibility Improvements project.
December 24, 2004 - Approval of Change Order No. 4 in the amount of $3,370.41
for additional block sod to match existing grass at each location with the Texas
Department of Transportation for the Sidewalk Accessibility Improvements project.
FUTURE COUNCIL ACTION:
Additional increases in escrow funds may be necessary to address change orders as
project proceeds to completion.
ESCROW FUNDS:
The authorized funds for the project were originally budgeted at $1,210,000. The Iow bid
and TXDOT engineering and construction fees total $1,531,443.87. This resulted in a net
funding deficit which must be paid by the City.
MPO paid an additional $51,000 due to the project overrun costs in accordance with their
adopted funding policies. The resulting deficit or $216,355.10 is due from the City per the
Advance Funding Agreement.
APPROPRIATION ORDINANCE:
Appropriation of interest eamings is being requested to allow the closure of a 1995 Street
CIP Fund. Proceeds will be used to partially fund the escrow payment.
PROJECT DESCRIPTION: This program of street improvements includes the construction
of barrier free ramps, sidewalks, and other improvements required for compliance with the
Americans with Disability Act (ADA). The selected street sections include, in order of
priority:
Alameda Street from Louisiana Parkway to Doddridge;
Santa Fe Street from Doddridge to Robert Street;
Weber Road from South Staples to South Padre Island Drive; and
Street sections as prioritized in coordination with the Mayor's Committee of
People with Disabilities.
ADVANCED FUNDING AGREEMENT DESCRIPTION: Under this Advanced Funding
Agreement TxDOT will:
· develop the preliminary engineering consisting of environmental assessment
and public meetings and/or public hearings as necessary;
· be responsible for securing the federal share of funding;
· advertise for construction bids, issue bid proposals, receive and tabulate bids,
and award a construction contract;
· supervise and inspect all work performed by the construction contractor; and;
Exhibit A
Page 2 of 3
· provide final inspection and a Notification of Completion, acknowledging project
completion.
The City will:
· provide preliminary engineering for the development of plans, specifications and
cost estimates;
· provide the right-of-way acquisition, including required maps and property
descriptions;
· be responsible for all costs associated with the necessary adjustment of any and
all utilities and services;
· be responsible for mitigation and remediation of any environmental problems;
and
· provide the City's share of project costs including any change orders or cost
escalations.
Exhibit A
Page 3 ol" 3
Texas Department of Transportation
P.O. BOX 9997 · CORPUS CHRISTi, TEXAS 7~69-9907 · (361) 808-2300
February 24, 2005
Mr. Ron Masscy
Assistant City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469
FEB g 8
RE: CSJ 0916-35-072
ADA Projects
Dear Mr. Massey:
As you are aware, the IMPO has approved an additional $51,000 for thc above referenced project.
We previously sent a letter to the City regarding a deficit mount on this project of $257,155.10
and we informed the City that it would be its responsibility to cover the deficit amount on this
project. With the additional MPO approved funds of $51,0~, the revised deficit amount for this
project is $216,355.10. As mentioned in our previous letter to thc City, provision 12c of the
Advance Funding Agreement states that the City will be responsible for the overrun mount on
this project.
Attached for your reference is a detailed breakdown of thc calculated deficit amount due for this
project. Please remit a check or warrant payable to the 'q'exas Dc-partment of Transportatiun" as
soon as possible so we can expedite the final awarding of thc project.
If you have any questions regarding this matter, please contact me at (361) 808-2222 or by cmail
at psales(~,dot.state.tx.us.
Sincerely,
Paula M. Sales-Evans, P.E_
Director of Transportation Planning & Development
Angel Escobar
Kevin Stowers
Stephen Ndima
David Chapa
Martin Horst
Project file
Exhibit B
Page I of 2
An Equel Opportunity Employer
rmn~al~nnva/nomt I~ttor/P(
TM fi]lA nrniP~t do~lr-lt
Exhibit B
Page 2 of 2
~Mprojec[\ councilexhibits ~ exh6151A.dwg
BEAR
N
CORPUS
CHRISTI
BAY'
PROJECT LOCATIONS
PROJECT No. 6151
LOCATION
NOT TO SCALE
MAP
EXHIBr. T "C"
ST~DEWALK ACCESST_BILITY T_MPROVEMENTS
CIT}' OF CORPUS CHRISTI, TEXAS
CITY COUNCT_L EXHIBT_T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 o1:1
OATE:03/10/2005
ORDINANCE
APPROPRIATING $3,682.45 FROM INTEREST EARNINGS IN
THE STREET 1995 B CIP FUND NO. 3538 FOR THE ADVANCED
FUND AGREEMENT SIDEWALK ACCESSIBILITY
IMPROVEMENT PROJECT WITH TEXAS DEPARTMENT OF
TRANSPORTATION; AMENDING THE CAPITAL BUDGET
ADOPTED BY ORDINANCE 025647 BY INCREASING
APPROPRIATIONS BY $3,682.45; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $3,682.45 is appropriated from interest earnings in the Street
1995 B CIP Fund No. 3538 for the Advanced Fund Agreement Sidewalk
Accessibility Improvement Project with Texas Department of Transportation.
SECTION 2. That the FY 03-04 Capital Budget adopted by Ordinance No.
025647 is amended by increasing appropriations by $3,682.45
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
THECITYOFCORPUSCHRISTI
Armando Chapa
City Secretary
Approved: Marc~ 17, 2005
Lisa Aguila¢~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
LisaJord3/March 22 2005 eng,doc
12
AGENDA MEMORANDUM
DATE: March 22, 2005
SUBJECT: Construction Management Services for 2005 Capital Budget
(Project No. #90064)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 for
construction management services in the amount of $750,000 with Anderson Group
Construction Management, Inc. for various Capital Improvement Projects associated with
the 2005 Capital Budget.
ISSUE: The term of the current contract is expiring. The increased volume of capital
improvement projects has made it necessary to extend the contract for construction
management services for one additional year.
FUNDING: Funds are available from Storm Water, Wastewater and Water CIP Funds.
RECOMMENDATION: Staff recommends approval of the motion as presented.
'A,~e~l R; Escobar, P. E.,
Director of Engineering Services
Foster Crowell,
Director of Wastewater Services
Additional Su~31)ort Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Dl~:tor of S[(~n-~V~ter Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Project Management Services for 2004 CIP Projects.
PRIOR COUNCIL ACTION:
January 14, 2003 - Motion authorizing the Crbj/Manager, or his designee, to execute
a construction management services agreement in the amount of $72,800 with
Anderson Group Construction Management, Inc. for various Capital Improvement
Projects associated with the 2003 Capital Budget (M2003-053).
July 8, 2003 -Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 for construction management services in the amount of $187,200
with Anderson Group Construction Management, Inc. for various Capital
Improvement Projects associated with the 2003 Capital Budget (M2003-246).
February 10, 2004 - Approval of the FY 2004 Capital Improvement Budget
(Ordinance No. 025647).
March 2, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 for construction management services in the amount of $688,840
with Anderson Group Construction Management, Inc. for vadous Capital
Improvement Projects associated with the 2004 Capital Budget M2004-077).
PRIOR ADMINISTRATIVE ACTION:
1. July 25, 2003 - Award of Amendment No. 2 for construction field inspection services
in the amount of $25,000 to Anderson Group Construction Management, Inc.
FUTURE COUNCIL ACTION:
Award of project management services contract for the 2004 Bond Project once funding is
available. This will ensure expenses are properly charged to the applicable fund.
Award of engineering design, materials testing and construction contracts necessary to
complete various CIP projects.
PROJECT BACKGROUND: Anderson Group was selected in 2003 to provide general
construction management services. They had previously been selected for management
services associated with major projects such as the CCIA Terminal Building, the
Convention Center Expansion and Multipurpose Arena, and Whataburger Field. The
proposed 2005 Capital Budget provides for projects with an estimated cost in excess of
$178 million. Many of those projects are under construction resulting in a sharp increase in
actual expenditures during 2004 to $159.5 million.
Engineering Services has been examining methods of ensuring the Council's initiatives are
completed in an expeditious manner with the available resources. The 2005 Capital
Budget represents a significant commitment to the future well being of the City. The
H:~-IOM E~EVINS~:~ E N~;IP~ 005~AGC MAw~J4 B kg ExhA doc
EXHIBIT "A" I
Page 1 of 2
additional construction management services to be provided by Anderson Group are
necessary to help ensure the projects are properly completed in a timely manner.
PROJECT DESCRIPTION: This proposed contract includes construction management
services for the various projects that are overseen by the City's Construction Inspection
activity. The City Construction Engineer position is vacant despite continued recruitment
efforts. Anderson Group is presently supplying one engineer, two project managers, one
contract coordinator, and two inspectors to address the 2005 CIP work-load. The
amendment will continue those services for an additional twelve months and add the
services of one additional field inspector and a part time construction engineer. Monthly
invoices will be based on actual services performed.
CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B".
The proposed fee will provide approximately fifteen (15) months of services depending on
staffing levels.
FINAL PRODUCT: This contract will result in additional construction management
resources allowing better management of projects actually under construction.
H:~,H OM E'~EVIN S~E N~;IP~2.005~AGCMA~I4 Bkg ExhA.d oc
EXHIBIT "A"
Page 2 of 2
CONTRACT SUMMARY
Section II.A Scope of Services, Basic Services, Construction Phase Services is amended to by the
addition of II.A.9:
9. provide the services of one construction engineer, contract coordinator, three field
construction inspectors, and one part time construction engineer when needed to provide to
provide daily inspection and observation of public works projects.
Summa~ of Authorized Fees.
Task No. ! Description
Original Contract
II,A I Construction Phase Services
Amendment No. 1
II.A I Construction Phase Services
Amendment No. 2
II A.8 I Construction Phase Services
Amendment No. 3
II.A.9 I Construction Phase Services
Amendment No. 4
II,A.9 I Construction Phase Services
Amended Total
A detail of the administrative services is attached as Exhibit A-4.
Total Fee
$72,500
$187,200
$25,000
$688,840
$750,000
$1,723,840
Exhibit B
Page 1 of 3
EXHIBIT A-4
Construction Contract Administration
Provide the one constructJon engineer, contract coordinator, two field construction inspectors, and
one part Lime construction engineer for approximately twelve (12) calendar months. The personnel
will provide assistance to the City Engineer through the oversight of City construction projects. This
will include the general review of assignment of City construction inspectors, daily reports, and
contractor progress in accordance with plans and specifications. Typical services will include:
a. Attend pre-construction conferences with the City staff, City Engineer, City's design
consultants and construction contractor's key personnel. Establish communication
procedures with City staff, City Engineer, City's design consultants and Contractor.
b. Submit monthly reports of construc'don progress. Reports will descdbe construction
progress in general terms and summarize project costs, cash flow, construction
schedule and pending and approved contract modifications. Reports will be
incorporated into the Management Information System.
c. Maintain a document control system designed to track the processing of contractor's
submittals and provide for filing and retrieval of project documentation. Produce
monthly reports indicating the status of all submittals in the review process. Send
contractor's submittals, including requests for information, modification requests, shop
drawings, schedules, and other submittals to the City's design consultants for review in
accordance with the requirements of the construction contract documents for the
projects. Monitor the progress of the contractor and City's design consultants in
sending and processing submittals to see that documentation is being processed in
accordance with schedules.
d. Review contractor's application for payment and recommend payment in accordance
with the procedures in the construction contract documents.
e. Monitor contractors' compliance with minimum wage rate requirements as required by
the construction contract documents.
f. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents, including daily construction
reports and tracking corrections of defective work.
g. Provide a full time on-site representative to serve as project contract administrator and
to observe the construction of the project to determine that the completed project will
meet the requirements of the contract documents. Provide documentation of
observations made while at the site.
h. Assist in the transfer of and acceptance by the construction contractor of any City-
furnished equipment or materials.
i. Establish and administer quality assurance procedures in accordance with the
construction contract documents. Notify contractors of non-conforming work observed.
Take action to initiate corrective procedures for defective work, coordinate special
materials tests and performance tests needed to obtain a quality project.
j. Review quality related documents provided by the contractor such as test reports,
equipment installation reports or other documentation as required by the construction
contract documents.
k. Establish procedures for administering constructive changes to the construction
contracts. Process contract modifications and negotiate with the contractor on behalf of
the City to determine the cost and time impacts of these changes. Prepare change/field
order documentation for approved changes for execution by the City based on
information provided by City's design consultants.
I. Routinely examine the contractor's "as-built" drawings to determine that information
appears to be recorded in an accurate and timely manner by the contractor as required
in the construction contract documents See that these drawings are provided to the
City's design consultants at the completion of the project so they can revise the odginal
construction drawings in accordance with the infon'nation furnished by the construction
contractor to reflect changes made in the project during construction.
Exhibit B
Page 2 of 3
m. Assist in project completion activities at the conclusion of construction Observe
completed construction for general conformance with the design concept and prepare a
list of deficiencies to be corrected by the contractor before final payment can be
recommended. Assist the City in obtaining legal releases, permits, warranties, spare
parts, and keys from the Contractor.
n. Permits, Insurance and Labor Affidavits - Consultant will monitor the progress of the
contractor(s) in securing required building permits, insurance, and labor affidavits.
o. Contractor Construction Schedules - Consultant will review and familiarize itseff with the
detailed construction schedule of the contractors and sub-contractors within the
framework of the Consultant's Master Schedule.
p. Contract Administration, Construction Phase Procedures, and Scope of Services -
Consultant will assist with coordination and communication among facility managers,
Consultant, City, design professional(s), and contractor(s) and other appropriate parties
in accordance with the City's objectives of time, quality, and costs.
q. Construction Site Meetings - Consultant will attend pedodic construction site meetings.
r. Coordination of Other Independent Consultants - Consultant will assist the City
Engineer with coordination of technical inspection and testing, including field testing,
provided by design professional(s), or other third parties retained by City.
s. Removal of Asbestos or any other Hazardous Matedal - The Consultant will only
provide assistance in coordinating removal work, if any, with other ongoing activities.
The Consultant will not be responsible for performing any asbestos or hazardous
material administration, abatement, monitoring, management, removal, encapsulation,
mitigation, or disposal activities. The Consultant will not be responsible for any failure
of contractor(s), sub-contractors, design professionals, asbestos/hazardous matedal
firms, or other third parties to adhere to any regulatory requirements.
t. Progress Payments - Consultant will make observations at the site and upon
applications for payment by contractor(s), which will include certified payrolls,
Consultant will review the payment request for accuracy and progress of the work and
forward its recommendations concerning payment to City Engineer.
u. Monthly Job Progress Report - Consultant will prepare a daily inspection report and a
monthly progress report for submission to the City Engineer, in wdting, on the status of
job site progress. A copy of the report will be forwarded to the City Engineer, or his
designee. Included in the reports will be Consultant's review of contractor's progress
payment requests, a status report on all incomplete change orders, and an evaluation
of the Program Master Schedule. The report will also discuss any disputes, conflicts, or
claims relating to the project. The report will also note any actual or anticipated
departures from the most recent prior City-approved schedule of work.
v. Change Order Control - Consultant will assist the City Engineer with change order(s).
w. Shop Drawings - Consultant will familiarize itself with approved shop drawings for use
during inspections. Shop drawings, as used here, will include vendor's drawings,
catalog cuts, manufacturer's literature, samples, mock-ups and other materials
submitted by contractor(s). Design professional(s) will be the responsible padies for
technical review and approval of shop drawings including, where appropriate, shop
inspections and releases.
x. Claims - When requested, Consultant will assist the City Engineer with review the
contents of any construction claim submitted.
Exhibit B
Page 3 of 3
13
AGENDA MEMORANDUM
March 22, 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. 5 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
$297,004.00 for installation of additional improvements at Whataburger Field and
increasing the Guaranteed Maximum Pdce to $23,090,826 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 R.
Director of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Budget
Exhibit C. Change Order Summary
Exhibit D. Location Map
H:~iOME~EVINS\GEN~aseball\CO5Memo.doc
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
The architect issued several document packages after the GMP was established to
complete the design and accommodate user needs. This includes a number of
enhancements that represent significant improvements to the stadium. Several of the
items included in Change Order No. 5 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
negotiated. 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 $297,004.00. Fourteen items are included on this change with five of the
item costing in excess of $20,000. A detail of the fourteen items are attached. See Exhibit
C. The five items with a price in excess of $20,000 are:
Architectural Fascia channel was needed to "close ofF' suite level roof. This item
was left off of earlier plans. Add = $63,375.00
Previously Value Engineered Zinc Clad III steel coating was refigured and added
back in some locations. Add = $82,311.00
Precast method would not allow for placement of "double riser~' seating up to
concourse slab. To allow erection to continue singles were cast, which required
a new form. Add = $30,493.00
Fire pump was not included in the original design. A hydraulic analysis indicated
that a fire pump would be necessary. Add = $51,428.00
Drink holders for seating were included in the Specifications to be supplied by
owner. Add = $23,371.00
PRIOR COUNCIL ACTION:
The Stadium Project has involved a number of complex actions. Some of the significant
actions by Council include:
October 24, 2003 -
a. Motion authorizing the City Manager, or his designee, to execute an architectural
services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas,
Texas for the Professional Minor League Baseball Stadium (M2003-370).
b. Motion authorizing the City Manager, or his designee, to execute a project management
services contract in an amount not to exceed $475,175.00 with Anderson Group
Construction Management, Inc. of Corpus Christi for the Professional Minor League
Baseball Stadium (M2003-371)
October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder
of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389).
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).
EXHIBIT A
Page 1 of 3
H:~HOME~EVINS\GEN~asebalI~3OSBkgExhA doc
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 Por~ 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 authorizing the City Manger to execute a binding agreement
with RSR Sports, Inc. relating to the location and operation of a minor league baseball
team in the City (M2003-452).
December 16, 2003 - Motion authorizing the City Manager to execute a Contract of
Purchase with the Port of Corpus Christi Authority for the City Corpus Christi baseball
stadium and related parking spaces subject to the cediflcation 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 long-term lease with Round Rock
Baseball, Inc., to manage and operate a baseball stadium to be constructed by the City,
in consideration of the payment of rent and the obligation to have a minor league
baseball team affiliated with major league baseball play its home games in the stadium
(First Reading 01/27/04 - Ord. No. 025662).
c. Motion authorizing the City Manager to execute a non-relocation agreement by and
between the City of Corpus Christi and Round Rock Baseball, Inc. (M2004-070).
March 30, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. I 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. 1 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
Maximum Price to $21,791,935 for construction for the Professional Minor League
Baseball Stadium (M2005-014).
February 8, 2005 - Motion authorizing the City Manager, or his designee, to execute
EXHIBIT A
Page 2 of 3
H:'~HOME~EVINS~GEN~asebaII~CO5BkgExhA.doc
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 for construction
for the Professional Minor League Baseball Stadium.
March 8, 2005 - 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 (M2005-080).
PRIOR ADMINISTRATIVE ACTION:
October 10, 2003 - Distribution of Request For Proposals (RFP) No. 2003-06 (Professional
Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town
contractors for Construction Manager at Risk.
November 12, 2003 -Addendum No. I to the Request for Proposals (RFP) No. 2003-06
Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of
town contractors for Construction Manager at Risk.
February 20, 2004 - Award of Change Order No. I to Cherry Demolition Company, of
Houston, Texas, in the amount of $18,000 for saw cutting for roof separation, and saw
cutting fire walls.
November 30, 2004 - Award of Amendment No. 1 to Kleinfelder of Corpus Christi, Texas
in the amount of $11,972 for materials testing and laboratory services.
FUTURE COUNCIL ACTIONS: The team and Whataburger have agreed to pay for a
number of items that have been added to the project. A decision will be made whether the
team will provide the funding to the City to process through a change order or to pay the
contractor directly. One additional change order will be necessary. The structure of the
change order will depend on whether the Hooks and Whataburger pay the contractor
directly or make payment to the City.
FUNDING: Funds are available from the Baseball Stadium 2004 CIP Fund and accrued
interest earnings.
EXHIBIT A
Page 3 of 3
H:~HOME~EVINS\GEN~BasebalI~CO5Bkg ExhA.doc
FUNDS AVAILABLE:
Stadium Bond Proceeds
Bond Interest Appropriation
Sales Tax Proceeds
Storm Water CIP Fund
PRELIMINARY BUDGET
Prol:esslonal Baseball Stadium
CORPUS CHRISTI, TEXAS
March 22, 2005
PREMMINARY
BUDGET
25,750.000
241,301
1,400,692
331.409
Total 27,723,402
FUNDS REQUIRED:
Demolition
Construction (GMP)
Change Order No. 1 (Storm Water Outfall)
Change Order No. 2 (Increased Scope)
Change Order No. 3 (Changed/increased Scope)
Change Order No, 4 (Changed'Increased Scope)
Change Order No. 5 (Changed/Increased Scope)
Construction Contingencies (1,2%)
Design Consultant (Arch./Engineer)
Project Management
North 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 Conb'ol)
Geotechnical
Admln. Reimbursements
Ad.
Environmental Clearance
Elimination of Architectural Barrier Review
Miscellaneous Expenses (PdntJng, AdvertJsing, Express, etc.)
Total
Vadance
484,000
21,460,526
331,409
331,369
393,150
247,368
297,004
252,850
1,240,000
475,175
24,805
1,800,000
10,000
79,880
11,972
33,400
187,500
13,554
950
481490
27,723,402
0
ACTUAL
BUDGET
Exhtblt B
Page 1 of 1
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
MARCH 22, 2005
PROJECT: WHATABURGER FIELD BASEBALL STADIUM
Project No. 4285
APPROVED: COUNCIL MOTION No. 2004-123
APPROVED 03/30/04
CONTRACTOR:
Fulton/Coastcon and Hunt Construction Group, J.V., LLC
P. O. Box 9486
Corpus Christi, TX 78469
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount .........................................
21,460,526.00
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) ..................
Change Order No. 5 (03/22/05) ..................
Total
331,409.00
361,369.00
393,150.00
247,368.00
297,004.00
1,630,300.00 = 7.60%< 25%
Exhibit C
Page 1 of 3
H:~HOME~EVtNS\GEN~BasebalI\CO5SumExhC doc
CHANGE ORDER
CHANGE ORDER NO:
OperalJng Department:
Name o[ Project:
Contractor:
Deparl~ent of Engineering Services
City of Corpus Christi, Texas
05 PROJECT NO: 4285 CONTRACT TIME:
Enqineerinq Services DATE: March 11, 2005
Co~us Christi Baseball Stadium - Whalaburqer Field
Fulton-Coastcon/Hunt JV
Coml31ete 4-5-05
CHANGE ADD DEDUCT
FCH PCO's #11,21,29,34,37.39,43,4.4,47,50,51,59,60,64
*Note: Please ref. attached Pages 2 of 2 for PCO details.
Total Add. Lump Sum
$297,004.00
~297.004.00
Why was this change necessary? (11' left off the plans and specificalJons, explain why)
These are items that were not pad o[ the odqinal bid or they were removed as a Value Enqineedn(~ ootion that later had
to be added bac~
How can similar changes be avoided in the future?
1. Due to the fast track nature of [he Baseball Stadium. the desiqn concel3[ was not fully develol:~J until after
construction had begun. T~us, this chancle could not be reasonably avoided.
A. CONTRACT PRICE .......................................................... $ 21,460,526,00
B, TOTAL CHANGE ORDERS (inc. current) ......................... $ 1.630,300.00
C. NEW CONTRACT PRICE ................................................... $ 23,090,826.00
D. THIS CHANGE ORDER ..................................................... $ 297,004.00
E. PERCENT TOTAL CHANGE (B/A) .................................... 7.6%
F. PREVIOUS ADDN'L 'rIME AUTHORIZED ........................... n/a c d
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER .......... n/a c d
H. TOTAL ADDITIONAL TIME ......................................... n/a c d
Consb'ucflon Manager
CITY OF CORPUS CHRISTI, TEXAS
By:
City Engineer
APPROVED:
CONTRACTOR: Fulton-Coastcon~lunt
By:
Title:
Operating Department
Management]Budget Depart~tent
Legal Depart. ment
H:~-IOME~EVINS\GEN~asebalI~CO5SumEx'nC doc
Exhibit C
Page 2 of 3
CHANGE ORDER No. 3 - Whataburger Field
Department of Engineering Services
City of Corpus Chdsti, Texas
a) PCO~11- Additional demolition to warehouses resulted in additional underground footings
being located under construction areas. As a result, several concrete footings had to be
removed. Add = $3,649.00
b) PCC~21- Rubble was removed from site. This rubble was left over from the previous
demolition crew on site because it was not in their contract. Add = $1,894.00
c) PCO #29- Architectural Fascia channel was needed to "close off" suite level roof. This item was
left off of eadier plans. Add = $63,375.00
d) PCO #34- 124 lineal feet of tube stiffener was added as per RFI #176 response dated 11-18-04.
Add = $13,706.00
e) PCO #37- Additional Debris was removed from site. This debris included trash, wood, and
metal left by previous demolition contractor. Add = $10,320.00
f*) PCO #39- Directed to install an additional 52 Stadium seats as shown on submittal.
Add = $4,010.00
g) PCO ~43- Steel contractor requested additional monies for extra detailing time which came as
a result of RFI #65 and RFI #66 Add = $1,797 00
h) PCO ~?.. Response to RFI #108 resulted in an extension of precast beams to support precast.
Add = $2,083.00
i) PCO ~N.7- RFI #152 resulted in the addition of a deck support angle. Add = $2,696.00
j) P¢O #50- (8) Raker seats were added above vomitories. Add = $5,971.00
k) PCO #51- Previously Value Engineered Zinc Clad III steel coating was refigured and added
back in some locations.
Add = $82,311.00
I) PCO #59- Precast method would not allow for placement of "double dser" seating up to
concourse slab. To allow erection to continue singles were cast, which required a new form.
Add = $30,493.00
m) PCO #60- Fire pump was not included in the odginal design. A hydraulic analysis indicated that
a fire pump would be necessary. Add = $51,428.00
n) PCO #64- Drink holders for seating were included in the Specifications to be supplied by
owner.
Add = $23,371.00
TOTAL $297,004.00
H:~J-IOME~EVINS\GEN~asebalI\COSSum ExhC doc
Exhibit C
Page 3 of 3
PROJECT
LOCATION
N
CORPUS
CHRISTI BAY
LOCATION MAP
NOT TO SCALE
STADIUM SITE
CITY PROJECT No. 4285
VICINITY MAP
NOT TO SCALE
PROFESSIONAL MINOR LEAGUE
BASEBALL STADIUM
(uus~-u~)
N
C£TY COUNCIL EXHIBIT
DEPONENT OF ENGIN~RING SER~IC~
PAGE: 1 of 1
EXHIBIT "D'
14
CITY COUNCIL
AGENDA MEMORANDUM
March 22, 2005
AGENDA ITEM: Rescinding Ordinance No. 025965 which au~odzed abandoning and vacating a
27,082-square foot podion of an undeveloped and unsurfaced 60' wide dedicated public right-of-way
(Seabreeze Ddve) extending 451 L.F. north of South Padre Island Ddve and east of Southbay Ddv.e,
out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; and declaring an emergency.
ISSUE: Dawn Melancon and Amold Krueger, owners of Lot A, Block 3, Southbay Addition Annex
and the Baptist Foundation of Texas, owners of Lot A, Block 2, Southbay Addition Annex were not
able to reach an agreement concerning the terms for the sale of the properties with The
Leyendecker Group. They are no longer pursuing further action in abandoning the street and
request that the subject ordinance be rescinded.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to rescind an ordinance.
RECOMMENDATION: Staff recommends that Ordinance 025965 be rescinded.
"~.~l:THolly, AICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
On September 21, 2004, by Ordinance No. 025965, the City of Corpus Chdsti approved the
abandonment and vacation of 27,082-square feet of an undeveloped and unsurfaced 60' wide
dedicated public right-of-way (Seabreeze Ddve) extending 451 L.F. north of South Padre Island
Drive and east of Southbay Ddve, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition
Annex.
Urban Engineering, on behal[ of Dawn Melancor~ and Amold Krueger, owners of Lot A, Block 3,
Southbay Addition Annex, and the Baptist Foundation of Texas, owners of Lot A, Block 2, Southbay
Addition Annex, requested the abandonment and vacation o[ the 27,082-square feet of undeveloped
and unsur[aced 60' wide dedicated public right--of-way (Seabreeze Drive) to allow for the future
construction of a multi-level apadment complex that was going to be built over the existing right-o[-
way.
The Leyendecker Group was going to purchase the proper'des and consti'uct a multi-level apartment
complex within the two lots and over the existing public street right-of-way. However, they were
unable to reach an agreement conceming the terms for the purchase of the two referenced
properties from the owners. Urban Engineering has notified the City that no further action will be
taken to salJsfy the requirements of the closure approved by Ordinance.
EXHIBIT A
,/--m.;; I I I I.
(State Highwo¥ No 350)
South Padre ~land Drive
EXHIBIT C
STREET CLOSURE
SEABREEZE DRIVE
AN ORDINANCE
RESCINDING ORDINANCE NO. 025965 WHICH AUTHORIZED THE
ABANDONING AND VACATING A 27,062-SQUARE FOOT PORTION OF
AN UNDEVELOPED AND UNSURFACED 60 FOOT WIDE DEDICATED
PUBLIC RIGHT-OF-WAY (SEABREEZE DRIVE) EXTENDING 451 L.F.
NORTH OF SOUTH PADRE ISLAND DRIVE, OUT OF LOT A, BLOCK 2,
AND LOT A, BLOCK 3, SOUTHBAY ADDITION ANNEX; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That Ordinance No. 025965 is rescinded and the portion of Seabreeze
Drive that was the subject of the ordinance is not abandoned and vacated as public
right-of-way; that portion being 60 feet wide and extending 451 linear feet north of South
Padre island Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex,
as recorded in Volume 27, Page 61, and Volume 34, Page 82, Map Records Nueces
County, Texas.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 22nd day of March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED /,~,~ ~- /7--
Joseph H~mey (~'~/
Assistant City Attorney
For City Attorney
2O05
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\l,EG-DIR~Ioseph\ORD-SeabrRsnd-av.doc
15
CITY COUNCIL
AGENDA MEMORANDUM
March 22, 2005
AGENDA ITEM: Ordinance abandoning and vacating approximately 9,498.1 O-square feet
of a 10-foot wide utility easement out of Lot 1, Section 2, Nueces River Irrigation Park,
located south of Northwest Blvd. (FM 624), west of CR 69; subject to compliance with the
specified conditions, and declaring an emergency.
ISSUE: The City of Corpus Chdsti, is requesting the abandonment and vacation of the
utility easement to correct a previous City requirement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to Building
Permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
,/~,~,- "E[.~A ¥1~ol ly, AICP
Director of Development Services
Attachments:
Exhibit A - Background information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
The City of Corpus Christi, is requesting the abandonment and vacation of a 10-foot wide
city utility easement (9,498.10-square feet), out of Lot 1, Section 2, Nueces River Irrigation
Park, because the Water Department had originally requested the 10-foot wide utility
easement for a water line. The Water Department later requested that the easement be
relocated and dedicated on the east side of Lot 1, Block 1, Taylor Best Plaza. The 10-foot
City utility easement was incorrectly and unnecessarily dedicated by Note No. 1 of the Lot
1, Block 1, Taylor/Best Plaza plat. The 10-foot utility easement to be abandoned and
vacated is located in a "B-4" General Business District.
All public and franchised utilities were contacted. Nueces Electric does have an exclusive
private electrical easement with an existing underground power line that is located over a
portion of the city utility easement to be abandoned. The abandonment and vacation of
the city utility easement will not affect the pdvate electrical easement that was dedicated
(Doc. #2003059704) to Nueces Electric Coop. None of the city departments and
franchised utility companies have any existing or proposed facilities within the utility
easement. There were no objections regarding the proposed utility easement
abandonment.
Staff recommends that payment of the fair market value be waived since the City is
initiating the abandonment and vacation to correct the information provided to the
applicant.
EXHIBIT A
EASEMENT CLOSURE
LOT 1, BLOCK 1
TAYLOR BEST PLAZA
EXHIBIT C
,Og'E'~ t I_ · k
A~,OO,gO,OgN I
AN ORDINANCE
ABANDONING AND VACATING A 9,498.1-SQUARE FOOT PORTION
OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOT '1, SECTION 2,
NUECES RIVER IRRIGATION PARK, LOCATED SOUTH OF
NORTHWEST BLVD. (F.M. 624), WEST OF C.R. 69; SUBJECT TO
COMPMANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 9,498.1-square foot portion of a 10-foot wide utility easement out
of Lot 1, Section 2, Nueces River Irrigation Park, located south of Northwest Blvd. (F.M.
624), west of C.R. 69, as recorded in Volume A, Page 54, Map Records Nueces
County, Texas, that the owner wishes to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement for all
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 9,498.1-square foot portion of a 10-foot wide utility easement in
Lot 1, Section 2, Nueces River Irrigation Park, located south of Northwest Blvd. (F.M.
624), west of C.R. 69, as recorded in Volume A, Page 54, Map Records Nueces
County, Texas is abandoned and vacated for public use as utility easement, subject to
Owneds compliance with the following specified conditions as part of the abandonment
and vacation:
1. That the payment of the fair market value will be waived because the Owner is the
City of Corpus Christi, Texas and the closure is at the request of the Owner to
correct a previous City requirement.
2. Upon approval from Council and issuance of the ordinance, all easement closures
must be recorded at owner's expense in the real property Map Records of Nueces
County, Texas, in which the properly is located. Prior to Building Permit approval of
construction, an up-to-date survey, abstracted for all easements and items of record,
must be submitted to the Director of Development Services.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 22nd day of March, 2005.
H:\LEG-DlRLloseph\ORD-NuRvPrk-av.doc
16
AGENDA MEMORANDUM
CITY COUNCIL ACTION DATE: March 22, 2005
SUBJECT:
Mobile Voting
AGENDA ITEM:
Motion to amend Ordinance 026123 ordering a General Election by
amending Attachment B Mobile Voting Schedule to provide for Mobile
Voting at Island Presbyterian Church, 14030 Fortuna Bay.
In past elections, Mobile Voting has been provided to Island residents at Isle
Mail and More. This year they denied our request to hold Mobile voting at
that site. Through oversight, staff did not select another Island site for
Mobile Voting. Staffis recommending that Mobile Voting be conducted at
Island Presbyterian Church, 14030 Fortuna Bay, on Monday March 28, 2005
from 9 a.m. to 5 p.m. instead of at Texas A&M Corpus Christi as previously
scheduled. Mobile Voting will still be conducted at Texas A&M Corpus
Christi on Wednesday March 23, 2005 from 9a.m to 5 p.m.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Armando Chapa
City Secretary
17
AGENDA MEMORANDUM
DATE: March 15, 2005
SUBJECT:
Buccaneer Days 2005: Street Closings (4"~ Annual Buc Days BBQ Challenge
and Rodeo Festival and Annual Buccaneer Days Carnival
AGENDA ITEM: Motion approving the application from Buccaneer Commission to temporarily close
the following street sections for the 4"` Annual "Buc Days BBQ Challenge and Rodeo" Festival, April
7, 2005 through April 17, 2005, (Exhibit 2) and the annual Buccaneer Days Carnival (Exhibit 2a).
The temporary street closures of both legs of Shoreline Boulevard, northbound and
southbound from the north side of Power Street to the South Texas Art Museum for the 4"'
Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m. April 7, 2005 to 4:00
p.m. Apd117, 2005.
Additionally, Palo Alto and Fitzgerald Streets from Southbound Shoreline Boulevard to
Water Street will require temporary closures for the annual Buc Days Rodeo and BBQ
Challenge beginning at 8:00 a.m. April 7, 2005 to 4:00 p.m. April 17, 2005.
In cooperation with the Texas Department of Transportation (Exhibit 3)), North Broadway,
including under US 181 Harbor Bddge, be[ween Fitzgerald and Brewster Streets will require
temporary closure for staging of professional rodeo cowboys truck/trailers beginning
Tuesday, Apd112, 2005 beginning at 8:00 a.m. through Sunday, April 17, 2005 to 9:00 p.m.
Temporary closure of north portion of Fitzgerald Street between North Broadway and
Mesquite beginning at 8:00 a.m. on Tuesday, Apd112, 2005 to Sunday, Apd117, 2005 no
later than 9:00 a.m.
Temporary street closure o[ Park Avenue between Southbound and Northbound Shoreline
Boulevard from April 18, 2005 through 5:00 p.m. May 2, 2005 for the purpose of setting up
the annual Buccaneer Days Carnival.
ISSUE: The Buccaneer Commission special event necessitates the temporary closure of several
public streets between Power Street and the South Texas Art Museum, North Broadway between
Fitzgerald and Brewster Street and Park Avenue be[ween east and west Shoreline Boulevard.
Events Manager, Ms. Vicky Lewis has requested the above mentioned street section closures be
approved by the City Council for this year "Buc Days BBQ Challenge and Rodeo" Festival and the
annual Buccaneer Days Camival.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council
approval.
/
RECOMMENDATION: Approval of the motion as presented.
~3irector of Engineering Services
Additional Support Material
1. Background Information
2. Site Map
3. TxDOT Concurrence
4. Street Closure Applications
BUC Days 2005 Festival SLree[ Closlr~js
Page Io[ 2
AGENDA MEMORANDUM
ADDITIONAl. BACKGROUND INFORMATION
BACKGROUND:
Prior Council Action: For the past four (4) years Buc Days ROdeo/BBQ festivals were held in and
around the Memodal Coliseum requiring no street closures thus no special event permit was issued,
subsequently City Council approval was not necessary. At a result of Coliseum conflict usage for
the Rodeo Event, this year's Buc Days BBQ Challenge and Rodeo Festival has been relocated to
the area south of the American Bank Center Arena. (Exhibit 2).
Back(Iround Information: Ms. Vicky Lewis, Sponsorship and Events Manager, has requested
temporary street closures for the 2005 "Buc Days BBQ Challenge and Rodeo" Festival an annual
Buccaneer Days Carnival. (Exhibit 2a). Ms. Lewis requests the subject streets be closed beginning
Apdl 7, 2005 to allow for preparatory work such as installing food booths, secudty fencing and
electrical work.
The Buc Days Rodeo event will be hosted inside the American Bank Arena while the BBQ Challenge
will be staged just outside its entrance doors on Shoreline Boulevard and the Barge Dock from
Tuesday, Apdl 12, 2005 through Sunday, Apdl 17, 2005.. The Buccaneer Days Camival will be
hosted at the Coliseum area from April 18, 2005 through May 1, 2005.
BUC Days 2005 FesUval SLreet Closings
Page 2 of 2
N
SCALE: 1"=350'
KEY
FENCE LINE
~ TEMPO~Y STREE'I
CLOSURE
CHECK-IN
EXHfBIT "2"
SUBJECT: ARENA AREA
- SITE PLAN -
Traffic Engineering Div.
Engineering Services Dept.
N
- S~E PLAN -
EXHIBI'I' "2A"
S~UB]ECT:. MEMORIAL COLISEUM PARKING AREA
TralTic Engineering Div.
Engineering Services Dept.
Texas Department of Transportation
P,O. BOX 9i~O7 · CORPUS CHRIS ri, TEXAS 78489.9~J07 · (361) I:;OB
February 18, 2005
Corpus Christi District
RE: Using '['nDOT ROW
Bucmmeet Commission, Inc.
P, O. Pox 30404
Corpus Christi, Texaa 78463
Alta: Ms, Vicky Lev, ia
Dear Ms. Lewis:
In accordmtce with your {citer of I"¢bmary 10, 2005, the Texa~ Dcpmqment of
Tmm-lmrtatioa ofrer~ no ob.}ocfion for your group's use of Slate rightq~l'-way on US ] g ]
mldc, r the Ilarbor Bridge between Broadway SI. and Hugh¢s St. for parking duri/Ig thc
I~riod of ApHI 12 through A~pril 17, 2005. You are hereby advised that thc usc ol'Hght-
of-Way will be at your own risk and that the Texas D~.'partment of Tran.spmrl."fion does not
a.~urnc hability I'or injuries tn- damages to I~r,'xm or propcr~y arising front thc t~se of said
Slate right-of-way. You arc also advised that a TxDOT contractor painting Ibc Harbor
Bridae is utilizing lbe right-of-way adjacent to your requested area. h is possible you
could utilize additional areas if thc contractor has completed Ids cleanup work by April
12.
The area h~ que,',aion is not pavml. Please tm advised tlxat your organization will be
rcsport~ible to insure the right-of-way is leR in its original condition, free or {irlcr and
rule.
?1~ contact Mr. George Stmes, TxDOT contract inspector at (361) 808-2223 prior to
your ~tup. it will also be your r~sponsibility m coo~inalc with the B¢ccssLtry law
cnlbrcement agencies tis ne. ce~sary and provide all iml'fic control accordingly.
Sincerely,
Victor Pifion, Ir.,
Dkrector of Maintcmmce
RR:mg
cc: Mr. Joe ¢';ay~an, P,E.
Mr. Mar~ln Ilul',A P.
Mr. Jim .)ennlngs
Mr. Ca'~g¢
Exhibit 3
R O. Box 30404 Corpus Christi, Tex~s 78463 Tel 361-882-3242
F~x 361-882-5735 www. bucdays.con
RECEIVED
FEB ~ 5
TR~pFIc ~Gl~,
14, 2OO5
D~r S~
ami west Shordi~e B~ from Power Street mort~ to tile Soath Tezm Art Mmemn fi'om
M~ Im,~ b~m hdd wlth com:~ne~ ~ ~ SMG's Russ Mcyet~ who is he~p/ng
coo~lirmte our parMnE
If' ~ have a~ queslkms, pl~e ~ f~e to call me mt 361-882-3242 or exn~ me,
vicky(~_,bucdays.com I have attach~l a map for your convenience. Your assistance sad ~:mat
Exhibit 4
Corpus ~hri~i, Te~:,s 784~3 Te~ 361-882-3242 Fax 351.882-573.C, www. bucdays.com
March 14,2005
corpua c:br~ TX ~69
Bar~Doc~ Detmlb{Ibeeveet~a'~Ap~ 13e'to April 16'e.
Exhibit 4A
Box 30404 Corpus ChrisH, Texas 78463 Tel 361-~2-3242
Fax 361-882-5735 www. bucdays.com
R~.C FJ¥~D
Diyts~ON
14, 2005
Street t~twe~n east and w~st Shoreline lhD~n AprB 18m' tkroqh May let for o~r annual
The following agme,r, ent was reach: To form,ny request northbound Sho~{i~ Bird be closed
from Funnau Av~ to ICumey Stree~ from Ap~ 18~' tlu~ May 1~ for h'me duratiou ot'ihe Bu~
~ Cm~. We v.x~kf utilize thc s~cct mee f~r cmdvel visitor pe~king~ ~ ell traffic
Southl~mmt Shoreline un~ they erfiv~ at Kinn~ wh~ th~ oo~1 turn risht and Inx}ca~d to N.
Sho~th~ make ~ fi~ht ~nd p~'k. I haw attached a map fur your oonv~uie~ce,
}nm need to meet with ua, ~ f~! ~ to coutact ute m 361-882-3242 or via e-rm,,'l.
vickv(_&bucdavs.com. I look fixn~r~l to Imarin8 gram you ~
Exhibit 4B
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Hearing Date: February 15, 2005
AGENDA ITEM:
(a) Public hearing on request for a variance to operate an establishment with on-premise
consumption of alcoholic beverages.
(b) Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Benigno
Sanchez, to operate an on-premises alcoholic beverage establishment located at 9840 Leopard
Street.
ISSUE: The applicant, Mr. Benigno Sanchez, is requesting a variance for an on-premise beer
and wine license for new restaurant, Casa Del Sol Caf6, located within 300 feet of a public
middle school. State law allows a City to enact regulations prohibiting an on-premise alcohol
establishment from locating within 300 feet of a school, as measured firom property line to
property line, unless City Council has approved a variance to the distance requirement. Section
4-5 of the Code of Ordinances sets out these regulations and variance procedures.
PREVIOUS COUNCIL ACTION: On December 16, 2003, the City Council approved an
amendment to Section 4-5 of the Code of Ordinances establishing a variance procedure for
operators of establishments requesting a license to dispense or sell alcoholic beverages for on-
premise consumption which are located within 300 feet of a church, child-care facility, day-care
center, public hospital or public or private school.
REQUESTED COUNCIL ACTION: Approval of Resolution
FUNDING: None.
RECOMMENDATION: Approval of the Variance.
Michael N. Gurming, AICP
Assistant Director, Development Services
Department
H:~P LN-DIR~ HARED~HRIS'I'AL\WO RD\TABC~TABC20044)3 AGENDAMEMO,D(3C
Agenda Memorandum
Case No. TABC20~4-03 (Casa Del Sol Caf6)
Page 2
BACKGROUND INFORMATION
On November 1, 2004, the Development Services Department received a request for a Texas
Alcoholic Beverage Commission (TABC) license review and approval for Case Del Sol Caf6 at
9840 Leopard Street, to allow on-premise consumption of alcoholic beverages. On November 3,
2004, the license was denied because the premise was within 300 feet of a middle school
(Tuloso-Midway Middle School). On November 23, 2004, Mr. Benigo Sanchez submitted a
request to the City Secretary's Office for a variance. The variance would allow the proposed
restaurant to obtain a beer and wine license for on-premise consumption of alcoholic beverages.
The proposed restaurant is locating in the same suite that was previously occupied by another
restaurant, Chela's Caf& Chela's Caf6 had been operating and selling beer for on-premise
consumption since the early 1970s. Since Chela's Caf6 has been selling beer prior to the 1983
adoption of the current rules, the restaurant with its on-premise consumption permit was
grandfathered. The owners of the new restaurant are required to obtain their own license. The
required 300-foot separation is between the restaurant selling alcohohc beverage and a public
school is measured fi.om property line to property line, as opposed to other locations which are
measured from front door to front door. Tuloso-Midway Middle School property is located
across La Branch Drive from the caf6's property, approximately 60 feet between property lines.
City Variance Procedure
State law allows a City to enact regulations prohibiting an on-premise alcohol establishment
fi.om locating within 300 feet of churches, day-care centers, hospitals and schools unless the City
Council grants a variance to the distance requh-ements.
According to the amended ordinance City Code of Ordinances, in order for Council to grant a
variance, a public notice must be published in the newspaper ten (10) days before the heating
date and notices mailed to all property owners, churches, day-care centers, child-care facilities,
public or private schools and public hospitals within 300 feet fi.om subject property. The
ordinance also states that "The City Council may, upon application, allow a variance to the
regulation if the Council determines that enforcement of the regulation in a particular instance is
not in the best interest of the public, constitutes waste or inefficient use of land or resources,
creates an undue hardship on an applicant for a license or permit, does not serve its intended
purpose, is not effective or necessary, or for any other reason, after consideration of the health,
safety, welfare of the public and the equities of the situation, determines it is in the best interest
of the community."
H:~P LN -D IR~S HARED~'HRIS TA L\WORD\TA BC~IABC20044)3AGEN DAM EMO DOC
Agenda Memorandum
Case No. TABC201M-03 (Casa Del Sol Caf6)
Page 3
Land Use and Zonin~ Issues
The subject business, Casa Del Sol Caf6, is located at 9840 Leopard Street, which is within the
Westwood Shopping Center. The shopping center is bound by three streets, Leopard Street on
the south, Warpath Road on the east and La Branch Drive on the north.. Leopard Street is a 4-
lane divided arterial with a high volume of traffic. The shopping center contains various
commercial establishments ranging from retail establishments to offices. Tuloso-Midway
Middle School's property is located approximately 60 feet north of the Westwood Shopping
Center's property. Westwood Shopping Center is zoned a "B4" General Business District that
permits any commercial and office use. The nearest residential uses to the shopping center is the
Westwood Apartments located adjacent to the northwest of the shopping center. West of the
shopping is a vacant tract of land, a drainage creek, and single-family residential over 300 feet
from center. East of the shopping center and across Warpath Road, there is a vacant commercial
structure and a church, Gateway Baptist Church. The church is located more than 3Q0 feet from
its front door to the fi-ont door of the proposed restaurant.
Findinl~s and Recommendation
Casa Del Sol Caf6 is in the Westwood Shopping Center that fronts on Leopard Street, designated
as an medal. Allowing a restaurant to serv6'~lcoholic beverages along with food items should
have no impact on the school and church. ~enerally, the sale of alcoholic beverages occurs in
the late afternoons, evenings and weekends when the school is closed. Casa Del Sol has
informed Staffthat their hours of operation will be from 10 a.m. to 10 p.m. seven days a week
and they estimate their food sales will constitute at least 75 percent of total sales revenue.
StaffRecommendation: Approval of the Variance.
Attachments: Location and Notice Map
Letter fxom Mr. Benigno Sanchez
City Permit Denial
Resolution
rAE
35
SUBJECT
A~
TULOSO MIDWAY
SCHOOL TRACT
25
26-A
27
28
2g-A
30
ANN
.q
A
CiJy of Corpus Christi, Texas
CASE TABC2004-03
Notice Map
N
0 75 150 300
mlm~m~mmm~ Feel
12/09104 SRR
November 22, 2004
ARMANDO CHAPA
CITY SECRETARY
CORPUS CHRISTI TEXAS
Casa Del Sol Mexican Caf6
9840 Leopard
Corpus Christi TX.
78410
(361) 242-2300
(361) 242-0708
Fax (361) 242-1063
Dear MR_ CHAPA:
I AM REQUESTING A WAIVER FOR A BEER AND WINE LICENSE FOR CASA
DEL SOL RESTAURANT AT 9840 LEOPARD.
THE PREVIOUS TENANT HAS HELD A BEER AND WINE LICENSE FOR
TWENTY-FIVE YEARS. THE RESTAURANT CLOSE IN SEPTEMBER 2004 AND
WE HAVE A NEW LEASE FOR FIVE YEARS THAT STARTED NOVEMBER 1,
2004.
IN THE LAST FEW YEARS, THE OLD MEASUREMENT FROM FRONT DOOR TO
FRONT DOOR AND ONE THOUSAND FEET FROM SCHOOL OR CHURCH WAS
CHANGE, TO THREE HUNDRED FEET FROM PROPERTY LINE TO PROPERTY
LINE.
TOLOSO MID WAY SCHOOL IS DIRECTLY BEHIND THE CENTER SEPAKATED
BY A ROAD.
OUR RESTAURANT WILL BE SERVING MEXiCAN FOOD WITH THIRTY
PECENT OF THE DISHES BEING SEAFOOD. WE ESTIMATE OUR FOOD TO BE
SEVENTY FIVE PERCENT OF OUR BUSINESS AND BEVERAGES TWENTY
PERCENT. THE HOURS OF OPERATION ARE FROM 10AM. TO 10PM. SEVEN
DAYS A WEEK. WHICH DO NOT CONSTITUTE BAR HOURS.
THE OWNERS OF THE CENTER HAVE OWNED IT FOR THIRTY YEARS AND
WOULD ALSO APRECIATE YOUR HELP IN GEl-lING THE WAIVER THAT ITS
NEEDED.
PLEASE CALL ME 1F YOU NEED ADDIITIONAL INFORMATION.
SI]~ERILY,,
of
Corpus
Christi
1201 Leopard-P.O. Box 9277
Corpus Chdsti, Texas 78469
Tele(361 ) 826-3282 Fax (361) 826-3006
November 3, 2004
Benigno Sanchez
314 Vista Alta
Victoria, Texas 77904
Re: Apptication for Retailer's Permit er License - 9840 Leopard St (Casa Del Sol Mexican
Cafe)
Dear Mr' Sanchez:
Your application for a wine and beer retailer's permit has been denied for the business
'Casa Del Sol Mexican Cafe' located at 9840 Leopard St at the Westwood Shopping
Center.
Section 199.33 "Sales Near School, Church, or Hospital" prohibited the sale of alcoholic
beverage within 300 feet of a church, public or private school, or public hospital.
Behind your building just across La Branch Street is Tuloso Midway Middle School.
The measurement of the distance between the place of business where alcoholic
beverages are sold and the public school shall be in a direct line from the properly line of
the public school to the property line of the place of business.
You have the right to request a waiver thru Planning Department. Please make contact
with Miguel Saldana at 826-3568 or Wes Vardeman (826-3583).
Sincerely,
Romeo Bazan
Chief Permit Officer
A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF
ORDINANCES, TO BENIGNO SANCHEZ TO OPERATE AN ON-
PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT
9840 LEOPARD STREET.
WHEREAS, Benigno Sanchez desires to continue operation of a restaurant on property
located at 9840 Leopard Street, which is situated within the corporate limits of the City
of Corpus Christi ("City");
WHEREAS, Benigno Sanchez desires to allow on-premise sales of alcoholic bever-
ages at the location;
WHEREAS, the location of Benigno Sanchez's proposed business is within 300 feet of
a public school;
WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage
Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances
("Code") to prohibit any person from maintaining a business for the dispensing and sale
for on-premises consumption of alcoholic beverages within the corporate limits of the
City within 300 feet of any public school;
WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Code allow
the City Council ("Council"), upon application of a business regulated under Section 4-5
of the Code, to grant a variance to the alcohol regulations contained within the section if
the Council determines that enforcement of the regulation in a particular instance is not
in the best interest of the public, constitutes waste or inefficient use of land or other
resources, creates an undue hardship on an applicant for a license or permit, does not
serve its intended purpose, is not effective or necessary, or for any other reason, and,
after consideration of the health, safety, and welfare of the public and the equities of the
situation, determines it is in the best interest of the community;
WHEREAS, Benigno Sanchez has formally applied to the City for a variance under
Section 4-5(f);
WHEREAS, Benigno Sanchez believes and states that enforcement of the regulation, in
this particular instance, constitutes waste and inefficient use of the land and other re-
sources; and,
WHEREAS, Benigno Sanchez requests that the Council grant the variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances, in this particular instance, constitutes waste and inefficient use of
the land and other resources and, after consideration of the health, safety, and welfare
of the public and the equities of the situation, grants the variance in the best interest of
the community.
A'rTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM:
·
for the City Attorney
Samuel L. Neal, Jr.
Mayor
19
NO ATTACHMENT FOR THIS ITEM
20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of 2"d Quarter FY 2004-2005 Budget/Performance
Report.
STAFF PRESENTER(S):
Name Title/Position
1. Oscar Martlnez Assistant City Manager
2. Eddie Houllhan Assistant Director
Department
Support Services
Management & Bude't
ISSUE: The 2nd Quarter Report for the period ended January 31, 2005 has been
completed and distributed to the City Council on March 18, 2005. The report is
now formally presented for Council Review.
REQUIRED COUNCIL ACTION: No formal action is required.
Power Point Presentation
Exhibits
Assistant City Manager-Support
Services
~uao~Od
suo!ll!l~
suo.qi!lAI
sUO!ll!l~
suo!ll!lAI
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21
CITY COUNCIL
AGENDA MEMORANDUM
March 22, 2005
AGENDA ITEMS:
Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800
ISSUE: The City of Corpus Chdsti's Comprehensive Plan, as outlined in the City
Charter, requires the development of a capital improvement program and annual
capital budget. The City Council is required to approve the Plan and Capital Budget
annually.
BACKGROUND:
The City Council received an introduction to the Proposed FY 2005 Capital Budget and
Capital Improvement Planning Guide on March 8, 2005. A public hearing to receive citizen
input was also held on March 8, 2005.
REQUIRED COUNCIL ACTION:
Approval of 1sL Reading of FY2005 Capital Budget Ordinance
FUTURE COUNCIL ACTION:
2ND Reading of FY 2005 Capital Budget Ordinance at the March 29, 2005 Council
Meeting.
scobar, P.E.
f Engineering Services
Oscar Martinez
Assistant City Manager
I
BACKGROUNDINFORMATION
The Proposed FY 2005 Capital Budget totals $178,074,800 and is categorized in the
following summary:
Akport $ 6,709,400
Park and Recreation 6,044,400
Public Fac, iii'des 9,040,000
Public Health & Safety 43,194,000
Sheets 22,352,600
Gas 1,255,000
Storm Water 25,384,700
Waste,water 25,594,900
Water 31,705,000
Water Supply 6,794,800
TOTAL $178,074,800
Utilities' Capital Proiects
The City Council approved a 5% rate effective August 1, 2004, to fund vadous utility
projects in the Proposed FY 2005 Capital Budget.
General Obligation Prolects
Proposed FY 2005 expenditures reflect anticipated expenditures for projects approved and
funded in the Bond 2004 Program. Funding for proposed long-range general obligation
projects such as streets, parks, libraries and other public facilities must be provided for by
future bond issues.
ORDINANCE
APPROVING THE FY 2004-2005 CAPITAL BUDGET IN THE
AMOUNT OF $178,074,800.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1: That the 2004-2005 Capital Budget in the amount of $178,074,800 is
approved. A copy of the 2004-2005 Capital Budget is on file in the Office of the City
Secretary.
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2005, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2005, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the
A'I-FEST:
__ Day of
,2005.
Armando Chapa
City Secretary
APPROVED: March 15, 2005
Lisa Aguilar~''~
Assistant City Attomey
for City Attorney
Samuel L. Neal, Jr.
Mayor
22
DATE:
TIME:
PLACE:
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
MEETING
Tuesday, March 22, 2005
During the meeting of the City Council beginning at 10 a.m.
Ci~ Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
President Rex Kinnison calls meeting to order
Secretary Armando Chapa calls roll
Board of Directors
Rex A. Kinnison, President
Javier Coimenero, Vice President
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Mark Scott
Jesse Noyola
Samuel L. Neal Jr.
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
Approval of Minutes of January 11, 2005
Financial Report
Approval of funding for NCCAA in the amount of $277,220 of FY2004 HOME CHDO
funds and authorization to execute a First Amendment with the NCCAA
Authorization to increase Homebuyer Assistance Program from $3,000 to $5,000 for
down payment assistance and closing costs
Authorization to add HUD-related changes to the CCCIC Handbook in lieu of CCCIC
review and approval
Public Comment
9. Adjournment
Memorandum
TO:
Board Members of the Corpus Christi Community Improvement Corporation
FROM: George K. Noe, General Manager
DATE:
March 17, 2005
SUBJECT: Request for Meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) on March 22, 2005
I am requesting that a meeting of the Corpus Chdsti Community Improvement Corporation
(CCCIC) be held during the Council meeting of March 22, 2005 to consider the following
items:
1)
On May 20, 2003 (Motion 025309), City Council approved FY2003 HOME CHDO
funding for Nueces County Community Action Agency (NCCAA) for $279,384, and
on April 27, 2004 (Motion 025738), City Council approved F'Y2004 HOME CHDO
funding for NCCAA for $277,220. Staff is recommending combining FY2003/2004
NCCAA CHDO funding allocation in order to have one agreement covering both
years' funding.
2)
Staff is requesting to increase the Homebuyer Assistance Program from $3,000 to
$5,000. The $3,000 Homebuyer Assistance Program was initiated back in 1992
and is designed to assist Iow income homebuyers with closing costs and down
payment assistance. Approximately two years ago HUD created a new program
called the Amedcan Dream Down Payment Initiative (ADDI) Program that was
designed to assist first time homebuyers with $5,000 for down payment and closing
costs. Recommend increasing funding to $5,000 in order to afford additional down
payment assistance to homebuyers.
3)
Staff is requesting authorization to add HUD related changes to the CCCIC
handbook in lieu of CCCIC review and approval. As federal regulations are updated
or implemented, changes will be periodically inserted into the CCCIC handbook.
CC~
Legal Department
Finance Department
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
January 11, 2005
1:56 P.M.
PRESENT
Board of Directors
Rex Kinnison, President
Brent Chesney
Henry Gan-eR
Bill Kelly
Samuel L. Neal Jr.
Jesse Noyola
Mark Scott
Of~cers
George K. Noe, General Manager
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
ABSENT
Javier Colmenero, Vice-President
Melody Cooper
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the
meeting had been properly posted.
President Kinnison opened discussion on Item 3, the approval of the minutes of the
September 21, 2004 meeting. Mr. Neal made a motion to accept the minutes as presented, seconded
by Mr_ Scott, and passed unanimously.
President Kinnison referred to Item 4, the financial report. Mr. Noe referred to the combined
balance sheets depicting the assets and liabilities for the fund for the four months ended November
30, 2004. There were no questions. A motion was made, seconded, and passed to approve the
f'mancials as presented.
President Kinnison opened discussion on Item 5 regarding the amendment of the current
contract with the Community Development Corporation (CDC) to incorporate FY 2003 and FY
2004 HOME program funding. Mr. Noe reported the city has historically contracted with CDC to
utilize the HOME program funding for the new home construction project. He said staffwas asking
to the Council to amend the contract with the CDC to continue this relationship until 2006. Mr.
Scott made a motion to approve the amendment, seconded by Mr. Noyola, and pa~sed.
President Kinnison asked for public comment_ There was none.
There being no further business to come before the Board, President Kinnison adjourned the
meeting at 1:58 p.m. on January 11, 2005.
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
31-Jan-05
ASSETS
Cash and Investments
Due from U S Govemment/Other Fund
Mortgages receivable
Accrued interest receivable
Account receivable
Leasehold improvements (net of
accumulated amorbzaflon)
Investment In property (net of
accumulated depreciation)
Total asseta
Loan Program Special Project HOME Program
Fund Fund Fund
906,105 216,557 822,954
47,096 0 0
11,481,883 0 7,371,033
0 1,119 0
26,904 0 7,849
130,160 0 0
To~l
1,945,615
47,096
18,852,918
1,119
34,753
130,160
193,327 21,047 19,750 234,124
12,785.475 .... 2;~,~ ~..2_3_ _ 8.221.586
LIABILITIES AND FUND BALANCE
LtabillUes:
Accounts payable
Bank note payable
Total liabilities
Fund Balance:
Reserved for WDC project
Reserved [or Kids In the Neighborhood
Reserved for HOME program
Reserved for mortgages
Reserved for Seawall loan
Unreserved
Total~nd balance
205,677 0 41,836 247,513
132,304 0 0 132,304
337,981 0 41,835 379,817
34,141 0 0
141,575 0 0
511,167 0 0
11,481,683 0 7,390,783
0 0 0
278,728 238,723 788,987
34,141
141,575
511,167
18,872,666
0
1,306,418
12,447,494 238,723 6,179,750 20,865,967
Total liabilities and hJnd balance 12.785.475 238,723 8.22,1 ,,586 21,245.784
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
FOR THE SIX MONTHS ENDING JANUARY 31,2005
Contribution from Federal Government
Interest on loans
Interest on InveslTnents
Rental income
Miscellaneous
Total revenues
Loan Program Special Project HOME Program
Fund Fund Fund Total
0 0 481,170 481,170
28,392 0 2,684 31,078
161 1,184 213 1,558
22,917 0 0 22.917
6,455 0 433,675 440.330
57,925 1,184 917,942 977,051
Expenditures;
Grants
Warranty Work
Community Development adminisbaUon
Loan processing
AccounlJng services
Interest expense
Miscellaneous
Accumulated amortization-
forgivable loans
leasehold Improvements
Accumulated depreciation - building
Total expenditures
4,492 0 487,804 472,296
1,748 0 0 1,748
0 0 48,495 48,495
0 0 8,762 8,762
0 0 6,366 6,366
5,723 0 0 5,723
0 0 0 0
36.338 0 7,396 43,734
55,783 0 0 55,783
3,729 0 0 3,729
107,813 0 538,823 646,636
Excess of revenues over expenditures
Other financing sources(uses):
Operating b'ansfers in(out):
Transfer From CDBG
Transfer To CDBG
Total other financing sources(uses)
Excess (Deficit)of revenues and other financing
sources over expenditures and other uses
Fund balances at August 1,2004
Fund balances at Jan 31,2005
(49,888) 1,184 379,119 330,415
195,700 0 0 195,700
(102,938) 0 0 (102,938)
92,762 0 0 92,762
421874 1,184 379,119 423,177
12,404,620 237.539 7,800,631 20,442.790
12,447.494 238.723 8.179.750 20.865,967
FIRST AMENDMENT
TO THE
CHDO AGREEMENT BETWEEN THE
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AND THE
NUECES COUNTY COMMUNITY ACTION AGENCY
This first amendment ("First Amendment") is made by and between the Corpus Christi
Community Improvement Corporation ("CCCIC") and the Nueces County Community
Action Agency, hereinafter referred to as a Community Housing Development Organiza-
tion ("CHDO").
WHEREAS, the CCCIC and the CHDO executed an agreement ("Agreement"), which
was approved by the CCCIC on February 10, 2000 (M2004-384), for the purpose of
utilizing the CCCIC's F-Y03 HOME Program funds;
WHEREAS, the scope of work to be completed under the Agreement included funding
down payments and closing costs on newly constructed homes for homebuyers at or
below 80% of Area Family Median Income;
WHEREAS, the term of the Agreement was 23 months, expiring January 31, 2006;
WHEREAS, on Apdl 27, 2004, the City Council approved a FY04 HOME Program
funding allocation to the CCCIC, which included a recommended award of $277,220 to
the CHDO to fund, at a minimum, an additional fourteen homebuyers; and
WHEREAS, the parties to the Agreement desire to execute this First Amendment to
extend the terTn, incorporate the FY00 HOME Program funds, amend and modify
several contractual provisions, and incorporate exhibits.
Section 1. Section 2 of the Agreement is deleted in its entirety and replaced with the
following language:
"SECTION 2. AGREEMENT PERIOD
This agreement shall commence on the date of execution by the CHDO
and the CCCIC and shall terminate on July 31, 2006, unless otherwise speci-
fically provided by the terms of this agreement."
Section 2. Section 3 of the Agreement is deleted in its entirety and replaced with the
following language:
"SECTION 3. GRANT
CCCIC agrees to grant the CHDO FY03 HOME Program funds, in the
amount of $279,384, and FY04 HOME Program funds, in the amount of
$277,220, subject to the terms and conditions of this Agreement. The CHDO
must expend the FY03 HOME Program funds prior to any expenditure of the
FY04 HOME Program funds. Furthermore, the FY03 HOME Program funds
must be expended by January 31, 2006, and the FY04 HOME Program funds
must be expended pdor to the termination of this agreement."
Section 3. Section 4 of the Agreement is deleted in its entirety and replaced with
the following language:
"SECTION 4. CHDO PERFORMANCE
CHDO shall fund the down payment and closing costs assistance in the
purchase of newly constructed homes in the City of Corpus Chdsti, Texas, for in-
dividuals at or below 80% of the Area Family Median Income. At closing, the
cost of the lot to construct the home will be the homebuyer's down payment
assistance portion. CHDO must comply with the project rule that requires that,
if five (5) or more units are HOME assisted, 20% of the beneficiaries must be at
or less than 50% of Area Family Median Income. The project shall comply with
and be administered in accordance with the HOME Investment Partner ships Act
of 1990, 42 U.S.C. §§12701 et. seq., and implementing federal regulations con-
tained in 24 CFR Part 92; Chapter 2306 of the Texas Government Code and the
State's HOME Investment Partnerships Program Rules contained in 10 TAC
Part I; and the HOME Program Guidelines and Application Package. Addition-
ally, CHDO shall comply with and perform all activities in accordance with the
terms and provisions of the FY03 and FY04 Performance Statements, hereinafter
referred to as Exhibits A-1 and A-2, respectively; the FY03 and FY04 Homebuyer
Assistance Budget and Project Implementation Schedule, hereinafter referred to
as Exhibit B; the Other Federal Requirements, hereinafter referred to as Exhibit
C; the Certification Regarding Lobbying, hereinafter referred to as Exhibit D; the
assurances, certifications, and all other statements made by the CHDO in its
application for the projects funded under this agreement; and with all other terms,
provisions, and requirements set forth in this agreement."
Section 4. Subsection B of Section 5 of the Agreement, such section being entitled
"CCCIC OBLIGATIONS," is deleted in its entirety and replaced with the following
language:
"B. Limit of Liability
Notwithstanding any other provision of this agreement, the total of all pay-
ments and other obligations incurred by the CCCIC under this agreement shall
not exceed the sum of Five Hundred Fifty-six Thousand Six Hundred Four and
No/100ths Dollars ($556,604.00). It is agreed that the total amount of
$556,604.00 will be provided as a grant to the CHDO to be utilized as a
forgiveable deferred loan to each homebuyer. This sum includes only
homebuyer assistance funds."
Section 5. Section 13 is deleted in its entirety and replaced with the following
language:
Page 2 of 5
"SECTION 13. CONFLICT OF INTEREST
CHDO shall ensure that no person who is an employee, agent, con-
sultant, officer, or elected or appointed official of the CHDO that receives funds
and who exercises or has exercised any functions or responsibilities with respect
to activities assisted with funds provided under this agreement or who is in a
position to participate in a decision-making process or gain inside information
with regard to such activities may obtain a personal or financial interest or benefit
from a HOME-assisted activity or have an interest in any agreement, contract, or
subcontract, or the proceeds thereof, with respect to a HOME-assisted activity
either for themselves or those with whom they have family or business ties during
their tenure or for one year thereafter. CHDO shall ensure compliance with
applicable provisions under 24 CFR 92.355 and OMB Circular A-110 in the pro-
curement of property and services."
Section 6. Subsection D of Section 17 of the Agreement, such section being entitled
"CHANGES AND AMENDMENTS," is deleted in its entirety and replaced with the fol-
lowing language:
"D. CHDO has provided a FY03 and FY04 estimated Homebuyer Assis-
tance Budget and Project Implementation Schedule, which is attached as
Exhibit B, based upon the proposed construction funding stated above. Ten
days pdor to the award of HOME funds pursuant to this agreement, CHDO will
provide a finalized Exhibit B, which will include a schedule of the costs of com-
pletion and a schedule of completion dates for the various aspects of construc-
tion of the Housing, which will be substituted for the then existing Exhibit B and
which will become Exhibit B of this agreement for all purposes."
Section 7. Subparagraph 5 of subsection A of Section 20 of the Agreement, such
section entitled "AUDIT," is deleted in its entirety and replaced with the following
language:
"5. As part of its audit, CHDO shall ver~ expenditures according to
the F¥03 and F¥04 Homebuyer Assistance Budget and Project
Implementation Schedule attached as Exhibit
Section 8. Subsection B, entitled "Affordability," of Section 23 of the Agreement, such
section entitled "SPECIAL CONDITIONS," is deleted in its entirety and replaced with the
following language:
"B. Affordability. Funds provided under this agreement must meet the
affordability requirements of the HOME rules for a period of no less than 15 years
and no more than 20 years, the actual affordability pedod being directly depen-
dent on the level of HOME funds allocated to each home purchase assisted
under this agreement. A home purchase assisted with $15,000 of HOME Pro-
gram funds must meet the affordability period for 15 years, a home purchase
Page 3 of 5
assisted with $16,000 of HOME Program funds must meet the affordability period
for 16 years, a home purchase assisted with $19,000 of HOME Program funds
must meet the affordability period for 19 years, and a home purchase assisted
with $20,000 of HOME Program funds must meet the affordability period for 20
years. CHDO agrees to repay all HOME funds governed by this agreement if the
project fails to comply or ceases to comply with the affordability requirements as
set forth herein, provided however, that for each month the property is occupied
as the original homebuyer's principal residence, a fractional amount, stated as a
numerator of 1 and a denominator representing the number of months in the
affordability period, will be waived and forgiven. The affordability requirements
must continue to be met throughout the term of the agreement and shall be
binding upon the successors, assigns, and transferees of the CHDO as required
by 24 CFR 92.254."
Section 9. Subsection B of Section 24 of the Agreement, such section entitled "ORAL
AND WRITTEN AGREEMENTS," is deleted in its entirety and replaced with the
following language:
"B. The attachments enumerated and denominated below are incorpo-
rated into this agreement by reference and constitute promised performances by
the CHDO in accordance with Section 4 of this agreement:
1. Exhibit A-l, FY03 Performance Statement
2. Exhibit A-2, FY04 Performance Statement
3. Exhibit B, Homebuyer Assistance Budget and Project Implementation
Schedule
4. Exhibit C, Other Federal Requirements
5. Exhibit D, Certification Regarding Lobbying"
Section 10. By execution of this First Amendment, the parties agree to extend the term
of the Agreement an additional 6 months, expiring July 31, 2006.
Section 11. By execution of this First Amendment, the parties hereby ratify the incor-
poration of attached Exhibits A-l, A-2, B, C, and D into the Agreement and agree to be
bound to all terms, conditions, covenants, and certifications contained in the exhibits as
if the exhibits had existed and been made a part of the Agreement at execution.
Section 12. All terms and conditions of the Agreement not changed by this First
Amendment remain the same and in full force and effect.
(EXECUTION PAGE FOLLOWS)
Page 4 of 5
EXECUTED IN DUPLICATE, each of which is considered an original, on this the
day of ,2005.
A'I-rEST:
CORPUS CHRISTI COMMUNITY
IMPROVEMENT CORPORATION
Armando Chapa
City Secretary
George K. Noe
General Manager
APPROVED AS TO FORM:
,2005
Elizabeth R. Hundley
Assistant City Attorney
for the City Attorney
NUECES COUNTY COMMUNITY ACTION AGENCY
By:
Printed Name:
Title:
Date:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on ,2005, by
as the (title) of the
Nueces County Community Action Agency, a Texas nonprofit corporation, on behalf of the
corporation.
(seal)
NOTARY PUBLIC, State of Texas
Name:
Page 5 of 5
EXHIBIT A-1
Page 1 of 2
Performance Statement
2003 CHDO funds will be utilized as foll(~Ws: CHDO
will identify, pre-qualify and assist approximately sixteen
families with the down payment, principal reduction and
closing costs assistance towards the purchase price of newly
constructed homes m the City of Corpus Christi, Texas. The
income for eligible families must be at or below 80% of
Area Family Median Income. However, Nueces County
Community Action Agency will comply with the 20%
Project Rule that states that 20% of Home assisted units will
be at or less that 50% of Area Median Income. The amount
of funds set aside for each family is an aVerage between
$15,000.00 and $20,000.00. CHDO will provide a Home
Ownership Counseling/Trai~ing Program toqualified
families, prior to closing on the peimanent loan.
EXHIBIT A-1
Page 2 of 2
% of Median 50% 60% 70%
Income
# of HH 4 4 3 5
Avg. HH size 4 4 4 4
Max. Income * 23,500 28,200 32,900 37,600
Avg. Purchase
Price 80,000 80,000 80,000 80,000
Grant 4 X $20,000 = ~. X $19,000 = 3 X $16,000 = 5X $15,000=
Amounts** $80,000 $76,000 $48,000 $75,000
8O%
* Income guidelines establish~l by HUD subject to change.
** Grant amounts determined by income guidelines.
AMI Grant Amount*
80% $15,000
70% $18,000
60% $19,000
50% $20,000
* Grants amortized at $1,000 per year.
EXHIBIT A-2
Page 1 of 2
Pe~foHnRllce Stat~nent
2004 CHDO funds will be utilized as follows: CHDO
will identify, pre-qualify and assist approximately fourteen
families with the down payment, principal reduction and
closing costs assistance towards the purchase price of newly
constructed homes in the City of Corpus Christi, Texas. The
income for eligible families must be at or below 80% of
Area Family Median Income. However, Nueces County
Community Action Agency will comply with the 20%
Project Rule that states that 20% of Home assisted units will
be at or less that 50% of Area Median Income. The amount
of funds set aside for each family is an average between
$15,000.00 and $20,000.00. CHDO will provide a Home
Ownership Counseling/Training Program to qualified
families, prior to closing on the permanent loan.
EXHIBIT A-2
Page 2 of 2
% of Median 50%
Income
# of HH
Avg. HH size
Max. Income*
Avg. Purchase
Price
Grant Amounts**
6O%
4 10
4 4
23,500 28,200
80,000
4 X $20,000 = $80,000
80,000
10 X $19,000 = $190,000
*Income guidelines established by HUD subject to change.
** Grant amounts determined by income guidelines.
AMI
60%
5O%
Grant .au~ount*
$19,000
$20,000
* Grants amortized at a $1,000 per year.
EXHIBIT C
OTHER FEDERAL REQUIREMENTS
CHDO shall comply with all federal, state, and local laws, rules, and regulations
applicable to the activities and performances rendered by CHDO under this agreement
including, but not limited to, the laws, rules, and regulations specified in Sections I
through IV of this Exhibit C.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24
CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR,
1958-1963 Comp., p. 652 and 3 CFR 1980 Comp., p. 307) (Equal Opportunity in
Housing) and implementing regulations at 24 CFR Part 107; and Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted
Programs) and implementing regulations issued at 24 CFR Part 1;
Executive Order 11063, as amended by Executive Order 12259 and 24 CFR
Part 107, "Nondiscdmination and Equal Opportunity in Housing under Executive Order
11063? The failure or refusal of CHDO to comply with the requirements of Executive
Order 11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 CFR 107.60;
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 US.C. 6101-07) and implementing regulations at 24
CFR Part 146 and the prohibitions against discrimination against handicapped
individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8;
The requirements of Executive Order 11246 (3 CFR 1964-65, Comp,, p. 339)
(Equal Employment Opportunity) and the implementing regulations issued at 41 CFR
Chapter 60;
The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 (concerning Women's Business Enterprise) consis-
tent with HUD's responsibilities under these Orders. Each applicant must make efforts
to encourage the use of minority and women's business enterprises in connection with
HOME funded activities. The CHDO must prescribe procedures acceptable to the
CCCIC to establish activities to ensure the inclusion, to the maximum extent possible, of
minorities and women, and entities owned by minorities and women. The CHDO will be
required to identify contracts which have been bid by minority-owned, women-owned,
and small disadvantaged businesses;
The Age Discrimination Act of 1975 (42 U.S.C. §§6101 et seq,); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
the Department of Housing and Urban Development," 24 CFR Pad 8. By signing this
agreement, CHDO understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR Part 8 and the Architectural Barriers Act of 1968
(42 US.C., Section 4151 et seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II.
LEAD-BASED PAINT
Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title ~ Community Development Block
Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and 40
CFR Parts 1500-1508;
The National Historic Preservation Act of 1966 (16 U.S.C Sec. 470 et seq.) as
amended, particularly Section 106 (16 USC. Sec. 470f);
Executive Order 11593 Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly
Section 3 (16 U.S.C. Sec. 469a-I), as amended by the Archeological and Historic
Preservation Act of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as
amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec.
4106(a));
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed, Reg
26951), particularly Section 2(a);
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg.
26961), particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972. (16 U.S.C. Sec. 1451 et seq.) as
amended, particularly Section 307(c) an (d) (16 U.S.C, Sec. 1456(c) and (d));
The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201. 300(f) et seq,), and
(21 U,S.C. Sec. 349) as amended, particularly Section 1424 ((e) (42 U.S.C, Sec. 300h-
303(e));
The Endangered Species Act of 1973, (16 U.S,C. Sec. 1531 et seq.) as
amended, particularly Section 7 (16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq,) as
amended, particularly Section 7(b) and (c)(16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section
176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d));
Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et seq.); and
24 CFR Part 51, Environmental Criteria and Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24 and 24 CFR Section 570.496a
(55 Fed. Reg. 29309 (July 18, 1990)).
EXHIBIT D
Certification Regarding Lobbying
for
Agreements, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid by or on behalf
of the undersigned to any person for influencing or attempting to influence an officer or
employee of an agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal
agreement, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, or the modification of any federal agreement, grant,
loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an em-
ployee of a member of Congress in connection with this federal agreement, grant, loan,
or cooperative agreement, the undersigned shall complete and submit standard form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subagree-
ments, subgrants, and agreements under grants, loans, and cooperative agreements)
and that the CHDO shall certify and disclose accordingly.
This certification is a material representation of fact on which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
NUECES COUNTY COMMUNITY ACTION AGENCY
Signature
Pdnted name Title
Date