HomeMy WebLinkAboutAgenda Packet City Council - 04/12/2005
CITY COUNCIL AGENDA
APRIL 12, 2005
Corpus Christi
*****
All-America CilV
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL. COUNCIL CHAMBERS
1201 LEOPARD
APRIL 12, 2005
1 :00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTlVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members ofthe audience will be provided an opportunity to address the Council at the end of the Council Meeting. Please speak
into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes.
If you have a petition or other Information pertaining to your subject, please present it to the City Secretary.
SI Usted desea diriglrse al Concilio y cree que su ingles es limltado, habra un inter prete ingles-espanol en todas las juntas del
Conclllo para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Elect Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Robert Urn, Abiding Savior Lutheran Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the newly elected Councilmembers.
E. Swearing-in ceremony of new Council Members to be conducted by The Honorable
J. Manuel Banales, 105th Judicial District Court.
F. Incoming Councilmember speeches.
(Recess for Short Reception)
(Reconvene Regular Council Meeting)
G. Selection of Mayor Pro Tern.
Agenda
Regular Council Meeting
April 12, 2005
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
H. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
I. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as motions,
resolutions, or ordinances. If deemed appropriate, the City Council will use a
different method of adoption from the one listed; may finally pass an ordinance by
adopting it as an emergency measure rather than a two reading ordinance; or
may modify the action specified. A motion to reconsider may be made at this
meeting of a vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on any
reconsidered item.
J.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has been
furnished with background and support material on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without being
discussed separately unless requested by a Council Member or a citizen, in which event
the item or items will immediately be withdrawn for individual consideration in its normal
sequence after the items not requiring separate discussion have been acted upon. The
remaining items will be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM
PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not removed
for individual consideration)
1.a. Resolution authorizing the City Manager or designee to accept a grant in
the amount of $12,587 from the Texas State Library and Archives
Commission and to execute a contract and all related documents as part
of the Bill and Melinda Gates Foundation "Staying Connected" program for
the purchase of ten computers for the Central Library and the Greenwood
Branch Library. (Attachment # 1)
Agenda
Regular Council Meeting
April 12, 2005
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1.b Ordinance appropriating $12,587 from the Texas State Library and
Archives Commission in the NO.1 068 Library Grants Fund for the purchase
often computers for the Central Library and the Greenwood Branch Library
as part of the Bill and Melinda Gates Foundation "Staying Connected"
program. (Attachment # 1)
1.c. Ordinance appropriating $6,293.33 from the Corpus Christi Public Library
Foundation in the NO.1 068 Library Grants Fund as matching funds for the
purchase of ten computers for the Central Library and the Greenwood
Branch Library as part of the Bill and Melinda Gates Foundation "Staying
Connected" program. (Attachment # 1)
2. Ordinance appropriating $207,000 from the estimated program income
revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2004-
2005 program income to fund the Breast and Cervical Cancer Control
Program, Immunization Services, and Family Planning Services for the
period of September 1, 2004 through August 31,2005. (Attachment # 2)
3.a. Motion authorizing the City Manager or his designee to accept the Summer
Food Service Program Grant from the Texas Health and Human Services
Commission to provide summer lunches and snacks to citizens ages one
to eighteen years at summer youth recreation programs throughout the
community. (Attachment # 3)
3.b. Ordinance appropriating a grant in the amount of $416,840 in the No.1 067
Park and Recreation Grant Fund from the Texas Health and Human
Services Commission to operate a Summer Food Service Program for
Summer Recreation Program participants ages one to eighteen years.
(Attachment # 3)
3.c. Resolution authorizing the City Manager or his designee to execute an
Interlocal Cooperation Agreement with the Corpus Christi Independent
School District to provide summer food services for summer recreation.
(Attachment # 3)
3.d. Resolution authorizing the City Manager or his designee to execute an
Interlocal Cooperation Agreement with the Corpus Christi Independent
School District to provide transportation services for Youth Recreation
Programs. (Attachment # 3)
Agenda
Regular Council Meeting
April 12, 2005
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PRIORITY ISSUES
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agenda summary)
4. Resolution authorizing the City Manager or his designee to submit a grant
application to the Department of EnergylState Energy Programs
(DOE/SEP) in the amount of $150,000 for a compressed natural gas
fueling facility at the Maintenance Center, with a city match of $276,000 in
the No. 4550 Gas Commercial Paper Fund for a total project cost of
$426,000. (Attachment # 4)
5.a. Ordinance amending the ICMA Retirement Corporation Deferred
Compensation Plan adopted by Ordinance No. 18127 to include provisions
for loans to participants, (Attachment # 5)
5.b. Resolution amending the United States Conference of Mayors Deferred
Compensation Plan adopted by Resolution No. 20008 to include provisions
for loans to participants. (Attachment # 5)
6.a. Motion approving the Sanitary Sewer Construction and Reimbursement
Agreement submitted by Baybreeze Development, L.P., owner and
developer of Monte Verde at Terra Mar Unit 1 Subdivision located east of
the future extension of Ennis Joslin Road south of Holly Road and Los
Arboles at Terra Mar Subdivision located west of the future extension of
Ennis Joslin Road south of Holly Road for the installation of 1,280 linear
feet of a 15-inch PVC and 230 linear feet of a 12-inch PVC offsite sanitary
sewer collection line. (Attachment # 6)
6.b. Ordinance appropriating $242,337.25 from the Sanitary Sewer Collection
Line Trust Fund No. 4220-540450 to pay Baybreeze Development, L.P.,
for the installation of 1,280 linear feet of a 15-inch PVC and 230 linear feet
of a 12-inch PVC sanitary sewer collection lines as specified in the Sanitary
Sewer Construction and Reimbursement Agreement, to develop Monte
Verde at Terra Mar Unit 1 Subdivision, (Attachment # 6)
7.a. Motion approving the Sanitary Sewer Trunk Force Main and Lift Station
Construction and Reimbursement Agreement submitted by Shaws
Development Joint Venture, owner and developer, for Northwest Crossing
Subdivision Units 1, 2, 3, and 4. The installation of a Master Plan Lift
Station with 12 foot diameter wet well and 10,000 linear feet of 12-inch
Force Main, easement acquisition and related appurtenances.
(Attachment # 7)
Agenda
Regular Council Meeting
April 12, 2005
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PRIORITY ISSUES
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agenda summary)
7,b. Ordinance appropriating $1,270,000 from the Sanitary Sewer Trunk
System Trust Fund No. 4220 to pay Shaws Development Joint Venture for
the installation of a Master Lift Station with 12 foot diameter wet well and
10,000 linear feet of 12-inch Force Main, easement acquisition and related
appurtenances for the Northwest Crossing Service Area, located west of
Rand Morgan Road and south of Leopard Street. (Attachment # 7)
8. Ordinance abandoning and vacating a 797-square foot portion of a 10-foot
wide utility easement in Lot 3, Block 5, Country Estates Unit 11, located
approximately 530-feet east of U S 77 and 2,OOO-feet south of Hearn Road;
requiring the owner, Coastal Builders ofT exas, to comply with the specified
conditions. (Attachment # 8)
9. First Reading Ordinance - Authorizing the City Manager or his designee to
execute a ten year Pier Lease Agreement (with ten year renewal at City
Manager's or designee's discretion) with Padre Island Yacht Club for Pier
and Clubhouse at Whitecap Wastewater Treatment Plant (superseding
1995 Pier Lease). (Attachment # 9)
10. Second 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. (First Reading
3/8/05) (Attachment # 10)
11. Second Reading Ordinance - Amending Section 10-86, Code of
Ordinances, City of Corpus Christi, and the Corpus Christi, Texas, Dune
Protection and Beach Access Regulations to adopt the City of Corpus
Christi Beach User Fee Plan; increasing the beach parking permit fees;
providing for penalties. (First Reading 3/29/05) (Attachment # 11)
K. PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
Agenda
Regular Council Meeting
April 12, 2005
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
L. PUBLIC HEARINGS:
12.a. Public hearing to consider abandoning and vacating 12 parcels of
unimproved street right-of-way out of Windsor Park Unit 4 Subdivision
(Volume 15, Pages 18-19, of the Map Records of Nueces County, Texas),
all located on the north side of McArdle Road between Everhart and
Holmes Dr., in connection with the McArdle Road Street Improvement
Project (Bond 2000). (Attachment # 12)
12.b. Ordinance abandoning and vacating 12 parcels of unimproved street right-
of-way out of Windsor Park Unit 4 Subdivision, all located on the north side
of McArdle Road between Everhart and Holmes Dr., in connection with the
McArdle Road Street Improvement Project. (Attachment # 12)
12.c. Ordinance declaring 28 parcels of land as surplus property which are
located along the north and south sides of McArdle Road, between
Everhart and Holmes Drive, all considered remainders from the McArdle
Road Street Improvement Project (Bond 2000), (Attachment # 12)
12.d. Ordinance authorizing the conveyance of 28 parcels of surplus property
remaining from the McArdle Street Improvement Project to each adjacent
property owner in exchange for the perpetual maintenance ofthe property,
and authorizing the City Manager or his designee to execute Special
Warranty Deeds for the properties along the south side of McArdle Road
and quitclaim deeds for properties along the north side. (Attachment # 12)
13.a. Public hearing for proposed transfer of funds from the Sanitary Sewer
Trunk System Trust Fund No. 4220-250410 to the Sanitary Sewer
Collection Line Trust Fund No. 4220-250420 in accordance with Section
V.B.6(h) of the Platting Ordinance. (Attachment # 13)
13.b. Ordinance appropriating and approving the transfer of $600,000 from the
Sanitary Sewer Trunk System Trust Fund No. 4220-2504-10 to the
Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance
with Section V.B.6(h) ofthe Platting Ordinance to establish sufficientfunds
in the Collection Line Trust Fund to carry out the purpose of the Platting
Ordinance. (Attachment # 13)
Agenda
Regular Council Meeting
April 12, 2005
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PRIORITY ISSUES
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agenda summary)
13.c. Resolution adopting the Statement Expressing Official Intent to authorize
interim funding for pending applications to the Sanitary Sewer Trunk
System Trust Fund, (Attachment # 13)
13.d. Resolution adopting the Statement Expressing Official Intent to reserve for
commitment funds forthe applications to the Sanitary Sewer Trunk System
Trust Fund received prior to January 1, 2005. (Attachment # 13)
13.e. Ordinance appropriating a total not to exceed $3,500,000 from the
Unreserved Fund balance in the No. 3430 Wastewater Capital
Improvement Program Fund; loaning and approving the transfer of
amounts as needed to the Sanitary Sewer Trunk System Trust Fund, to be
repaid to the No. 3430 Wastewater Capital Improvement Program Fund
at an interest rate equal to the AAA rated 5-year municipal bond rate on the
date of the loan, to fund the shortfall resulting from pending applications to
the Sanitary Sewer Trunk System Trust Fund; amending the 2004-2005
Capital Improvement Program Budget adopted by Ordinance No. 026188
to increase appropriations into the No. 3430 Wastewater Capital
Improvement Program Fund by $3,500,000. (Attachment # 13)
13.f. Resolution authorizing the City Manager to suspend applications to the
Sanitary Sewer Trunk System Trust Fund until a new program is developed
and approved by Council. (Attachment # 13)
ZONING CASES: (NONE)
M. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
14, Ordinance amending Chapter 49 of the City of Corpus Christi Code of
Ordinances by amending Article VII and amending Article IV, Section 49,
relating to the requirement that all pipelines in the City rights-of-way and in
City-owned property be licensed or otherwise authorized by the City;
establishing procedures for the application for and granting of licenses;
establishing the charges for the occupation of City rights-of-way by
authorized and unauthorized pipelines; providing for protection of City
rights-of-way and City-owned properties and interests; reserving the City's
Agenda
Regular Council Meeting
April 12, 2005
Page 8
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
claims for prior occupation of public property by pipelines; authorizing
settlement and dismissal of a related lawsuit; providing for related matters
and other provisions related to the subject matter of this ordinance;
providing an effective date; providing for penalties; providing for reservation
of civil remedies. (Attachment # 14)
N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT THE END OF
THE COUNCIL MEETING. PLEASE LIMIT PRESENTATIONS TO
THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING
THIS TIME PERIOD, PLEASE SIGN THE FORM A T 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 .Iocated at
the podium and state your name and address. If you have a petition or other information
pertaining to your subject, please present it to the City Secretary.)
S; usted se dirlge a la junta y cree que su ing!es es limitado, habrB un inierprete ingles-
espano! en la reunion de la junta para ayudarte.
PER CITY COUNCIL POLICY, .NO COUNCIL MEMBER, .STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT
FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE
PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT
TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
O. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into executive
session at any time during the meeting in order to discuss any matters listed on
the agenda, when authorized by the provisions of the Open Meeting Act, Chapter
551 of the Texas Government Code, and that the 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.
Agenda
Regular Council Meeting
April 12, 2005
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
15. 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 ai, in the District Court of Nueces County, Texas,
28th Judicial District, with possible discussion and action related thereto in
open session,
P. REPORTS:
The following reports include questions by Council to Staff regarding City policies
or activities; request by Council for information or reports from Staff; reports of
activities of individual Council members and Staff; constituent concems; current
topics raised by media; follow-up on Staff assignments; scheduling of future
Council meetings and activities; and other brief discussions regarding city-related
matters.
16. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by the City
Council as to legislative issues before the 79th Texas Legislature.
17. CITY MANAGER'S REPORT
*
Upcoming Items
18. MAYOR'S UPDATE
19. COUNCIL AND OTHER REPORTS
Q. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin oard at he front entrance to City
""'. """"""",,'-" "''''0 a~l ~<cJ .2005.
Armando Chapa /lA-
City Secretary
Agenda
Regular Council Meeting
April 12, 2005
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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
AGENDA MEMORANDUM
Date: April 12, 2005
SUBJECT: "Staying Connected" Grant for the Central and Greenwood Libraries
AGENDA ITEMS:
a) Resolution authorizing the City Manager or designee to accept a grant in the
amount 0[$12,587 from the Texas State Library and Archives Commission and to
execute a contract and all related documents as part of the Bill and Melinda Gates
Foundation "Staying Connected" program for the purchase often computers for
the Central Library and the Greenwood Branch Library.
b) Ordinance appropriating $12,587 from the Texas State Library and Archives
Commission in the No.1 068 Library Grants Fund for the purchase often
computers for the Central and the Greenwood Branch Library as part of the Bill
and Melinda Gates Foundation "Staying Connected" program; and declaring an
emergency.
c) Ordinance appropriating $6,293.33 from the Corpus Christi Public Library
Foundation in the no. 1068 Library Grants Fund as matching funds for the
purchase often computers for the Central Library and the Greenwood Branch
Library as part of the Bill and Melinda Gates Foundation "Staying Connected"
Program; and declaring an emergency.
ISSUE:
In 2000 the Bill and Melinda Gates Foundation provided a grant to the library for the purchase of
thirty-one computers and six servers for public access. This grant was part of a national program
by the Gates Foundation to provide funds for public access computers in public libraries. The
number of computers purchased and their location was determined by the Gates Foundation,
Although it was thought that the program would not be continued, the Gates Foundation has
extended an offer to fund at 2/3 the cost the purchase of computers as part of its "Staying
Connected" program. A total often computers will be purchased, four for Central and six for
Greenwood, as determined by the Gates Foundation. The Gates Foundation is providing $12,587
through the Texas State Library. A required local match of $6,293.33 is being provided by the
Corpus Christi Public Library Foundation. A "Gift Agreement" by which the Library
Foundation agreed to provide the local match was approved by Council in 2004.
REQUIRED COUNCIL ACTION:
Appropriation of funds requires City Council approval.
SUBJECT: "Staying Connected" Grant for the Central and Greenwood Libraries
Page Two
RECOMMENDA nON:
Staff recommends acceptance of grant and appropriation of funds.
--If~~.
Herb Canales
Director of Libraries
TEXAS STATE LIBRARY AND ARCmVES COMMISSION
GATES "STAYING CONNECTED" GRANT
Grant Number: 431-05013
ORIGINAL
I. CONTRACTING PARTIES
Grantor:
Texas State Library and Archives Commission (TSLAC)
Grantee:
City of Corpus Christi, Corpus Christi Public Libraries
805 Comanche St
Corpus Christi, Texas 78401
II. TERM OF GRANT
March 1, 2005, to July 31, 2005
III. STATEMENT OF PURPOSE AND GRANTEE RESPONSIBILITIES
The Bill and Melinda Gates Foundation (the Foundation), through the Texas State Library and Archives
Commission, is providing funds to designated libraries in Texas in order to purchase and install upgraded
computer systems (including pre-installed software) as replacements for systems originally provided by the
Foundation. These funds are part of the "Staying Connected" grant program (the Program), which is being
administered in Texas by TSLAC. Eligible libraries have been authorized to receive partial funding for
one or more upgraded computer system(s), at a cost not to exceed $2,400 per authorized computer system.
The Program will provide partial reimbursement (two-thirds) to the eligible libraries, up to a maximum of
$1,600 per authorized computer. The Program requires the eligible libraries to provide the remaining one-
third cost per authorized computer in local match.
To facilitate the distribution of the computers and the grant funds, TSLAC has negotiated an agreement
with a single source vendor to provide computer systems and pre-installed software that meet all minimum
specifications required by the Program ('Gates Model'). The designated vendor is Austin Ribbon and
Computer (ARC).
A. Under the terms of the Program, Grantee is eligible to receive partial funding for the purchase of 10
Gates Model' computer system(s). Grantee agrees to purchase 10 of the approved 'Gates Model'
computer system(s) from Austin Ribbon and Computer, at a cost of $1,888.00 each. Per the Grantee's
signed Letter of Intent to Purchase, Grantee will be purchasing Dell brand computers. The approved
Letter of Intent to Purchase submitted by Grantee becomes part of this contract by this reference. The
Grantee hereby agrees to provide the mandatory one-third match for each anthorized computer
system in this Program.
B. Grantee must order 'Gates Model' computer systems on or before April 30, 2005. The Grantee may
not obligate grant funds after April 30, 2005. All obligations must be liquidated on or before July 15,
2005. If Grantee is unable to meet these deadlines, Grantee will risk forfeiture of grant award, and
should immediately contact Marilyn Johnson, Program Manager, at 512-463-6627.
C. Grantee agrees to immediately install the 'Gates Model' computer(s) purchased as part of this
Program. Upon installation, Grantee will verify that the operating system and all pre-loaded software
are fully functional.
FY 2005 Gales Granl
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ARC Local Match
D. Grantee further acknowledges that 'Gates Model' computer systems purchased under this Program
must be used solely as public access computers, and may not be located in a restricted-access area of
the library.
E. Grantee agrees to comply with all other requirements stated in this contract.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the computers ordered shall not exceed: $18,880.00
B. Source of funds:
(2/3) TSLAC Gates Foundation "Staying Connected" Grant, State FY 2005
(1/3) Required Local Matching Funds, Provided by Grantee
$12,587.00
$6,293.00
C. Grantor will process payments for Gates Grant funds to Grantee under this Program using the direct
deposit or other payment information provided by Grantee for the Loan Star Libraries grant payments.
Should Grantee require payments to be made to a different Texas Identification Number (TIN),
Grantee must submit required TIN to TSLAC on invoice(s) when submitted for reimbursement.
D. Grantor will process payment for the 2/3 portion of grant upon delivery to Grantor of a valid invoice
from ARC. Authorized signature from Grantee on invoice will serve as certification by Grantee that
each authorized computer system has been installed and meets ALL the minimum hardware and
software specification requirements of the Program, as outlined in Attachment A. Grantee should
receive payment within 15 days after Grantor receives the signed, approved invoice, provided all other
Program requirements have been fulfilled.
E. Any interest accrued above $100 must be returned to Grantor, per requirements in Uniform Grant
Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to
the Grantor, along with the Final Financial Status Report (FSR). See Section VII.B. of this contract
for FSR due dates.
F. Per the approved Letter of Intent to Purchase, funds are approved according to the following budget.
Indirect costs are NOT allowed for the purpose of this Program.
Equipment/Property
Total Program Costs
$18,880.00
$18,880.00
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this
Section. Under no condition can a Grantee request to exceed the total grant amount, nor can Grantee use
funds under this Program except to purchase authorized' Gates Model' computer systems. Grantor must
receive all prior requests on or before April 30, 2005. Requests received after this date will be
considered on a case-by-case basis.
A. Fiscal changes must have written prior approval under the following conditions:
1, Making a change to reduce the number of 'Gates Model' computer systems purchased under this
Program; and/or,
2. Making a change to the computer brand ordered.
B. Programmatic changes to the approved Letter of Intent to Purchase must have written prior approval
under any conditions.
FY 2005 Gates Grant
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ARC Local Match
C. All changes to the items listed under the following cost categories, if any, must have written prior
approval. Written prior approval is also required if an item's cost or features are substantially different
from what the approved Letter of Intent to Purchase specifies or from a previously approved Prior
Approval Request.
COST CATEGORIES
I. EquiomentJProoertv
$18,880.00
VI. EQIDPMENT AND PROPERTY REQIDREMENTS
A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above
governing entity's capitalization level. Subject to the obligations and conditions set forth in the
Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment
acquired under a grant will vest in the Grantee upon acquisition.
B. EquipmentJProperty is hereby defined as an article of non expendable, tangible personal property
having a useful life of more than one year, and an acquisition cost that equals or exceeds the
capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to
Grantor certifying the governing entity's capitalization level with each Prior Approval Request Form
for equipment and/or property.
C. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and
video cameras, facsimile machines, VCRs and VCRlfV combinations, and cellular and portable
telephones) to be maintained on inventory if the item's cost is above $500, or if the item could be
easily lost or stolen.
D. When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e).
E. The Grantee must include any equipment/property acquired with grant funds in the required bi-
annual property inventory, and follow UGMS guidelines for property disposal. The Grantee agrees
to submit the Equipment/Property Acquired Form by August 1,2005, for all equipment/property
purchased during the current grant year. This list must balance the equipment/property purchased
with prior approval amounts and amounts on Financial Status Report.
F. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records
with a physical inventory of the equipment/property every two years. This biennial inventory does
not need to be submitted to the Grantor, but must be maintained by the Grantee and will be subject to
review by the Grantor.
G. All changes to items listed in the EquipmentJProperty category outlined in Section V.C.l. of this
contract require written prior approval. This category includes equipment, furniture, library
materials, etc. purchased wholly or in part with grant funds. The prior approval amount listed in that
Section is the total approved capital expenditure amount, which is defined as the cost of the
equipment and/or property, including any cost necessary to put the item into service, such as the cost
of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item
usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in-
transit insurance, freight, and installation may be included in, or excluded from, capital expenditure
cost in accordance with the Grantee's regular accounting practices.
VII. REPORTING REQUIREMENTS
The Bill and Melinda Gates Foundation has charged the Grantor with submitting periodic reports relating
to this Program. In accepting these grant funds, the Grantee acknowledges responsibility to provide
information to the Grantor to ensure compliance with Program requirements. To comply with these
FY 2005 Gates Grant
3 of 9
ARC Local Match
requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with
definitions.
A. The Grantee agrees to submit the invoice documentation detailing the 'Gates Model' computer
specifications on all authorized computers purchased under this Program. Invoices must be signed and
submitted to the Grantor within 48 hours of receiving a valid invoice from the vendor, ARC. In
addition, Grantee must submit a final Performance Report once all grant funds are expended and all
program requirements are accomplished. The Performance Report should consist of a narrative report
that describes when the 'Gates Model' computer(s) were received, where the computer(s) are located
within the library, and how the computer(s) are being utilized at the library. Grantee should mark the
Performance Report as "final," and not submit any subsequent Performance Report forms.
Reportiul! Period
Due Date
March I, 2005 - July 31, 2005 On or Before August I, 2005
B. The Grantee will submit a single, final Financial Status Report (FSR) to Grantor not later than 30 days
after receiving grant payment. The Grantee will show local match as "local funds" in addition to the
funds provided by the grant. The source and amount of the local funds must be reported in box 7.b of
the final FSR. The Grantee agrees to submit a single FSR for the project(s) funded under this contract
on or before the due dates listed in the following schedule, or within 30 days of all grant funds being
expended. Grantee should mark the FSR as final, and not submit any subsequent FSR forms.
Reportiul! Period Due Date
March I, 2005 - July 31, 2005
On or Before August I, 2005
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with all terms outlined in this contract.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas
Administrative Code, Chapters 1.91 - 1.97.
C. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at
http://www.governor.state.tx.us/divisions/stategrants/guidelinesljiles/UGMS062004.doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(Adapted from OMB Circular A-87)
2. State Uniform Administrative Requirements for Grants and Cooperative Agreements
(Adapted from OMB Circular A-102)
3. State of Texas Single Audit Circular
(Adapted from OMB Circular A-B3)
D. All publicity relating to the grant award must include acknowledgement of the Bill and Melinda Gates
FOWldation and the Texas State Library and Archives Conunission whenever possible and practical.
Publicity includes, but is not limited to, press releases, media events, public events, displays in the
benefiting library, announcements on the Grantee's Website, and materials distributed through the
grant project. The Grantee will provide the Grantor with one set of all public relations materials
produced under this grant.
E. Grantee Wlderstands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection
with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its
successor in the conduct of the audit or investigation, including providing all records requested.
FY 2005 Gates Grant
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Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub-
grantees through Grantee, and the requirement to cooperate, is included in any sub-grant awarded.
F. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other records relating to this grant award according to Section n, Subpart C.42
ofUGMS. In general, Grantees must maintain records for a minimum of three years from the date the
Grantee submits to Grantor the last single audit or audit report for the grant period.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any term of
an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, the Grantor may take one or more of the following
actions, or impose other sanctions, as appropriate in the circumstances:
I. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-
grantee, or more severe enforcement action by the Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance;
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's
program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings. appeals. In taking an enforcement action, the Grantor will provide the Grantee or Sub-
grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
Grantee or Sub-grantee is entitled under any statute or regulation applicable to the action involved.
C. Effects of suspension and termination. Costs of Grantee or Sub-grantee resulting from obligations
incurred by the Grantee or Sub-grantee during a suspension or after termination of an award are not
allowable unless the Grantor expressly authorizes them in the notice of suspension or termination, or
subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are
necessary, and not reasonably avoidable, are allowable if:
1. The costs resulting from obligations which were properly incurred by the Grantee or Sub-grantee
before the effective date of suspension or termination are not in anticipation of it and, in the case
of a termination, are noncancelable; and,
2. The costs would be allowable if the award were not suspended, or expired normally, at the end of
the funding period in which the termination takes effect.
D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude Grantee or Sub-grantee from being subject to
"Debarment and Suspension" under B.O. 12549 (see UGMS Section ill, Subpart C, Sec, 35) and state
law.
X. CONTACTSATTSLAC
Questions or concerns about programmatic issues, Performance Reports, and Prior Approval Requests
should be directed to this grant's Project Manager:
FY 2005 Gates Grant
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Gates "Staying Connected" Grant Coordinator
Phone: 512-463-6627
Fax: 512-463-8800
E-mail: gates.1d@ts1.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: gates.accounting(aJ.ts1.state.tx.us
Documentation relating to required Financial Status Reports, annual Property/Inventory Reports, and any
other miscellaneous forms and reports should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: gates.accounting(aJ.ts1.state.tx.us
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally
performable in Texas. The applicable law for any legal disputes arising out of this contract shall be
the law of, and all actions hereunder shall be brought in, the State of Texas, and the forum and venue
for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. The Grantor certifies that: (1) the services specified in this contract are necessary and essential for
activities that are properly within the statutory functions and programs of the affected organizations;
(2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in
compliance with Texas Government Code ~ 441.006, General Powers and Duties, Texas Government
Code ~ 441.135 Grants (Systems Act), the State Plan for the LSTA in Texas, and the Uniform Grant
Management Standards (UGMS).
B. The Grantee certifies by this contract that it will comply with assurances listed in UGMS, Subpart
B.14.
C. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to
a public servant in connection with this contract. The Grantee further affirms that its employees or
agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors,
potential contractors, or parties to any sub-agreements.
D. The Grantee certifies that a vailid signature will be entered on all invoices submitted for
reimbursement under this Program. Grantee further acknowledges that said signature will serve as
Grantee's certification that all authorized 'Gates Model' computer systems have been installed, are
operational, and meet or exceed ALL minimum specifications as outlined in Attachment A.
FY 2005 Gates Grant
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SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Libraries
GRANTEE
City of Corpus Christi, Corpus Christi Public
Edward Seidenberg, Assistant State Librarian
Signature (Must be an official empowered
to enter into contracts)
Date I~.AI/l_ ~
Donna Osborne, Chief Fiscal Officer
...---
3//7 -c))
Typewritten or Printed Name
Title
Date
Date
~(/',
Date
FY 2005 Gates Grant
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ATTACHMENT A
'GATES MODEL' COMPUTER HARDWARE AND SOFTWARE SPECIFICATIONS
The minimum specifications for computer equipment, service, and software are outlined below. All
components must be equivalent or superior to any component listed in this specification. Brands other
than Dell, Gateway, or IBM will not be considered compliant with specifications. Computers and/or
software that do not meet ALL specifications contained in this Attachment A will NOT be eligible for
reimbursement under this Program.
A. Computer Equipmeut
Descrintion Make and Model Pricinl!
Pentium@ 4 Processor 550 with HT Dell, Gateway, or Must not exceed $2,400
Technology (3.40GHz, 800FSB) IBM when combined with
with components shown below. cost of required
software programs
Snecificatious of Comnuter Euuinment
Operating System: Microsoft@ Windows@ XP
Professional
Memory: 1GB Dual Channel DDR2 SDRAM at
400~z(4x256M)
Kevboard: Kevboard, Dell Quietkey@ or equal
Monitor: 17 inch 1704FPT UltrasharpTM
Digital Displav or euual
Video Cards: Integrated Inte!@ Graphics Media
Accelerator 900 or equal
Hard Drive: 160GB Serial ATA Hard Drive
(7200RPM)
Floppy Drive and Additional Storage 3.5 inch Floppy Drive
Devices:
Mouse: Optical USB Mouse
Network Interface: Integrated Intel@PRO 101100
Ethernet
Modem: No Modem
Document Mana"ement: Adobe@ Acrobat@ Reader 6.0
CD or DVD Drive: Sinl!le Drive: l6X DVD-ROM Drive
Sound Card: Intel!fated 5.1 Channel Audio
Sneakers: Sneakers
Productivity Software: No Microsoft Office
Securitv Software: No Virus Protection
Digital Music: Easy-to-use music CD burning
software
Digital Photography: Paint ShopTM Pro@ Trial plus Photo
AlbumTM Starter Edition
Limited Warranty, Services and Support 4 Year Limited Warranty plus 4
ODtions: Years On-Site Service
Internet Access Services: No ISP
Media: Dell Media EXDerience or equal
FY 2005 Gates Grant
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B. The required software to be installed on each of the computers is shown below. Substitutions, if
necessary, should be equivalent or exceed educational standards of the software on the list below
(documentation may be required). Appropriate age groupe s) and educational scope should be
considered as well (i.e., Reader Rabbit's Math would be a suitable substitution for Arthur's Math
Games).
Required Software Price
See above
Encarta Premium Suite (2005) - includes:
Encyclopedia
World Atlas
World English Dictionary
Researcher Tool
Streets and Trips (2005)
PRODUCTIVITY
Word 2003
Excel 2003
PowerPoint 2003
Access 2003
FrontPage 2003
Publisher 2003
OTHER
Norton Antivirus
Internet Explorer 6
CIDLDREN / YOUTH
(although the educational titles below are preferred,
suitable substitutions may be accepted)
The New Way Things Work
Achieve! Math & Science
Achieve! Writing & Language Arts
Little Monster at School
Just Grandma and Me
Green Eggs and Ham
The Cat in the Hat
Reader Rabbit Sparkle Star Rescue
StudyWorks! Teaching Pro: Science Complete
StudyWorks! Teaching Pro: Middle & HS Math
ClueFinders Search and Solve Adventures
GeoSafari History
GeoSafari Geography
Arthur's Math Games
Arthur's Thinking Games
Arthur's Computer Adventure
FY 2005 Gates Graut
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RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT IN THE AMOUNT OF $12,587 FROM THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION AND TO EXECUTE A
CONTRACT AND ALL RELATED DOCUMENTS AS PART OF THE
BILL AND MELINDA GATES FOUNDATION "STAYING CONNECTED"
PROGRAM FOR THE PURCHASE OF TEN COMPUTERS FOR THE
CENTRAL LIBRARY AND THE GREENWOOD BRANCH LIBRARY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. That the City Manager or designee is authorized to accept a grant in the
amount of $12,587 from the Texas State Library and Archives Commission and to
execute a contract and all related documents as part of the Bill and Melinda Gates
Foundation "Staying Connected" program for the purchase of ten computers for the
Central Library and the Greenwood Branch Library.
SECTION 2. A Gift Agreement with the Corpus Christi Public Library Foundation, Inc.
(Library Foundation) was approved by City Council by Motion No, 2004-152 on April 20,
2004, by which the Library Foundation agreed to provide the City with the required local
matching funds for the Gates Foundation "Staying Connected" program,
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved: This 5th day of April, 2005:
~ ~".
. MVv ~
Veroni Ocanas
Assistant City Attorney
for City Attorney
Corpus Christi, Texas
Day of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $12,587 FROM THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION IN THE NO. 1068 LIBRARY GRANTS FUND
FOR THE PURCHASE OF TEN COMPUTERS FOR THE CENTRAL
LIBRARY AND THE GREENWOOD BRANCH LIBRARY AS PART OF
THE BILL AND MELINDA GATES FOUNDATION "STAYING
CONNECTED" PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant in the amount of $12,587 from the Texas State Library and
Archives Commission is appropriated in the No. 1068 Library Grants Fund for the
purchase of ten computers for the Central Library and the Greenwood Branch Library as
part of the Bill and Melinda Gates Foundation "Staying Connected" program; and
declaring an emergency.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 1zth day of April, 2005,
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
f April, 2005:
041205 LIB App Ord amt of 12,587 - Slaying Connected Program. doc
Corpus Christi, Texas
Day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $6,293.33 FROM THE CORPUS CHRISTI PUBLIC
LIBRARY FOUNDATION IN THE NO. 1068 LIBRARY GRANTS FUND
AS MATCHING FUNDS FOR THE PURCHASE OF TEN COMPUTERS
FOR THE CENTRAL LIBRARY AND THE GREENWOOD BRANCH
LIBRARY AS PART OF THE BILL AND MELINDA GATES
FOUNDATION "STAYING CONNECTED" PROGRAM; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $6,293,33 from the Corpus Christi Public Library Foundation is
appropriated in the NO.1 068 Library Grants Fund for the purchase of ten computers for
the Central Library and the Greenwood Branch Library as part of the Bill and Melinda
Gates Foundation "Staying Connected" program; and declaring an emergency.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 1zth day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
A0!ROVEI,): This. 5th day of April, 2005:
vero~~~ ~~
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
041205 LIB App Ord amt 016,293 matching - Staying Connected Progrem.doc
Corpus Christi, Texas
Day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
2
AGENDA MEMORANDUM
City Council Action Date: April 12. 2005
AGENDA ITEM:
An ordinance appropriating $207,000 from the estimated program income revenue in
the No. 1066 Health Grants fund as State Fiscal Year 2004-2005 program income to
fund the Breast and Cervical Cancer Control Program, Immunizations, and Family
Planning services for the period of September 1, 2004 through August 31, 2005; and
declaring an emergency.
ISSUE: The Health District receives funding from the Department of State Health Services (DSHS)
for various public health services. As a result of this support, fees that are charged must be
estimated to detenmine the amount of revenues that may be generated from these programs. The
State supported revenues are deemed Program Income (PI). The States fiscal year is from
September 1,2004 through August 31,2005. Program Income is used to supplement local funds for
public health services. Staff reviews actual earnings and projected earnings to recommend an
annual appropriation to cover expenditures. Expenditures are for positions, nursing supplies,
vaccines, communication equipment, and staff training. Planned expenditures for FY 2004-2005
includes supplies, minor equipment, contractual services, training, and computer equipment for
these programs.
REQUIRED COUNCIL ACTION: Authorize an appropriation of $207,000 for FY 2004-
2005 Program Income.
PREVIOUS COUNCIL ACTION: Council approved funding FY 03-04.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Staff recommends that the ordinance
appropriating $207,000 to provide a continuation of public health services to our
community be approved.
01hA,AE~~fff
Annette Rodriguez, .P.H.
Acting Director of Public Health
BACKGROUND INFORMATION
The Breast and Cervical Cancer Control Program was created in 1991 and directed by
the Division of Cancer Prevention and Early Detection in the Centers for Disease
Control and Prevention. BCCCP enables low income women to access high quality
screening and diagnostic services for breast and cervical cancer. The Immunization
account is utilized for funds received from all immunization charges and the Family
Planning account contains funds received from the State for any services received by
Medicaid recipients
AN ORDINANCE
APPROPRIATING $207,000 FROM THE ESTIMATED PROGRAM
INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS
STATE FISCAL YEAR 2004-2005 PROGRAM INCOME TO FUND
THE BREAST AND CERVICAL CANCER CONTROL PROGRAM,
IMMUNIZATION SERVICES, AND FAMILY PLANNING SERVICES
FOR THE PERIOD OF SEPTEMBER 1,2004, THROUGH AUGUST
31,2005; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Estimated program income revenue of $207,000 is appropriated in the
No. 1066 Health Grants Fund as State fiscal year 2004-2005 program income that
will be used to fund the Breast and Cervical Cancer Control Program, Immunization
services, and Family Planning services for the period of September 1, 2004, through
August 31,2005.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: April 5, 2005
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: l/we, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
EHord164.doc
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 12, 2005
AGENDA ITEM: Summer Food Program Grant and Summer Transportation
A. Motion authorizing the City Manager or his designee to accept the Summer Food
Service Program Grant from the Texas Health and Human Services
Commission to provide summer lunches and snacks to citizens ages one to
eighteen at summer youth recreation programs throughout the community.
B Ordinance appropriating a grant in the amount of $416,840 in the No. 1067
Federal/State Grants Fund from the Texas Health and Human Services
Commission to operate a Summer Food Service Program for Summer
Recreation Program participants ages one to eighteen years; and declaring an
emergency.
C. Resolution authorizing the City Manager, or his designee, to execute an
Interlocal Cooperation Agreement with Corpus Christi Independent
School District to provide summer food services for Summer Recreation.
D Resolution authorizing the City Manager, or his designee, to execute an
Interlocal Cooperation Agreement with Corpus Christi Independent
School District to provide transportation services for Youth Recreation
Programs.
ISSUE:
In order to provide certain services associated with the City's Summer Recreation
Programs, the City Council must A) approve a motion to accept the Summer Food
Service Program Grant from the Texas Health and Human Services Commission B)
appropriate $416,840 in grant funds from the U.S. Department of Agriculture and Texas
Health and Human Services Commission for a youth nutrition program, C) approve an
agreement with CCISD for the preparation and delivery of meals to the recreation sites
as funded by the youth nutrition grant and D) approve an agreement with CCISD to
provide transportation services related to the recreation program.
REQUIRED COUNCIL ACTION:
Action is required to accept the Summer Food Service Program grant, appropriate
grant funds and authorize the City Manager or his designee to execute all related
contracts and documents for the 2005 Parks and Recreation Department Summer
Recreation Programs.
PREVIOUS COUNCIL ACTION:
The City Council has approved the youth nutrition grant as well as the transportation
agreements in prior years.
FUNDING:
Texas Health and Human Services Commission-Special Nutrition Program grants
funds for the Summer Food Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval.
~
lik, Director
d Recreation Department
Attachments:
Background Information
BACKGROUND INFORMATION
Background:
The U.S. Department of Agriculture (USDA) through the Texas Health and Human
Services Commission - Special Nutrition Programs - provides funding for summer
nutrition programs as an extension of the National School Lunch Program. The
City's Summer Recreation Program is again receiving this grant for the Summer
Recreation sites and other local non-profit agencies youth summer programs. (Item
A) No local match is required.
This program is a collaborative effort with many agencies to provide summer meals
to the youth of Corpus Christi. Sites to be served are T.C. Ayers Recreation Center,
Joe Garza Recreation Center, Lindale Recreation Center, Oso Recreation Center,
Oak Park Recreation Center, Ben Garza Gym, Collier Pool, H.E.B. Pool, Greenwood
Pool, Y.M.CA Summer Camps, Baker Middle School, Kaffie Middle School, Calk
Elementary, Kostoryz Elementary, Los Encinos Elementary, Smith Elementary, Cliff
Maus Village, Neighborhood Centers, Navarro Place (Housing Authority), La Armada
(Housing Authority), La Armada #3 (Housing Authority), McKinzie Place (Housing
Authority), LULAC West Apartments, Driscoll Middle School (21 sl Century Program),
Cunningham Middle School (21S1 Century Program), Martin Middle School (21st
Century Program), South Park Middle School (21s1 Century Programs),Garcia Arts
Education Center, Casa De Manana, New Life Fellowship Church, Weed and Seed
Program (Oscar Romero School), Friendship Baptist Church, Salvation Army
Community Center and Gulfway Manor Apartments. Additional agencies are still
contacting the Parks and Recreation Department to be included in the 2005
Summer Food Service Program.
Over the past few years, the City and CCISD have entered into local interagency
agreements for the preparation and delivery of meals to the sites (Item C) and the
transportation services related to the programs (Item D).
The City and CCISD again propose to enter into a contract for CCISD to prepare and
deliver the lunches at a rate of $1.90 per lunch and $.55 per snack, both provided on
a weekday basis during the eight week Summer Program, June 6 through July 29,
2005. The Summer Youth Program sites (Baker Middle School, Los Encinos
Elementary and Calk Elementary) will be serving meals Monday - Thursday, as per
CCISD summer schedule. Other sites will be serving meals Monday - Friday,
depending on program requirements. The lunches consist of sandwiches,
fruiUvegetable, milk and dessert and the snack consists of fruiUvegetable, milk and
dessert. It is estimated that approximately 3310 meals per day will be reimbursable
meals. Some of the youth in the summer programs bring their own lunch or come to
the facilities after lunch. CCISD will maintain and provide menu records as well as
daily meals served until the program's end. At the individual sites, the City employs
CCISD Food Service staff as part-time, seasonal employees to verify meal counts,
serve meals and clean up the site. Grants funds are used to pay the seasonal
employees, cleaning supplies, monitors and food costs. Total program costs,
including operation and administration, are to be provided by the State's
reimbursement. An ordinance is necessary to appropriate the grant of $416,840 in
order to implement the program. CCISD has approved the food service agreement.
In order to provide transportation for summer program field trips, CCISD will provide
bus service at a rate of $2.00 per mile which includes the cost of the buses and
insurance plus $15.00 per hour for the driver. Field trips include visits to City
swimming pools, fishing, movies, intra-mural sports program and trips to area
attractions such as area parks and museums for approximately 2,500 youth in the
related City's Summer Programs. The projected amount to be spent on the
transportation agreement is $20,000 which is included in the FY 04-05 Operating
Budget. This agreement represents substantial cost savings to the City when
compared to private transportation costs. The City and CCISD have entered into this
agreement the past several years. CCISD has approved the transportation
agreement.
ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $416,840 IN
THE NO. 1067 PARK AND RECREATION GRANT FUND FROM
THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR
SUMMER RECREATION PARTICIPANTS AGES ONE TO
EIGHTEEN YEARS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant in the amount of $416,840 is appropriated in the No.
1067 Park and Recreation Grant Fund from the Texas Health and Human
Services Commission to operate a Summer Food Service Program for Summer
Recreation participants ages one to eighteen years.
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
_day of ,2005.
ATTEST
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved: April 4, 2005
,
i~
Lisa Aguila
Assistant Ci y Attorney
for City Attorney
Corpus Christi, Texas
Day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE
SUMMER FOOD SERVICES FOR SUMMER RECREATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or the City Manager's designee is authorized to
execute an interlocal cooperation agreement with the Corpus Christi Independent
School District to provide summer food services for Summer Recreation. A copy of the
Interlocal Agreement is attached.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: April 4, 2005
iJ,/Yl.-
Lisa Aguilar
Assistant City ttorney
for City Attorney
'-
By:
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas
home rule municipal corporation (City), and the Corpus Christi Independent School District
(District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter
791, as amended, to achieve efficiency in meeting intergovernmental responsibilities.
WHEREAS, the City is sponsoring summer recreational programs for children from June
6, 2005, to July 29, 2005, at which food will be served (Summer Food Program); and
WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of
milk and juice (hereinafter, collectively referred to as Meals), to the City for a fixed fee.
NOW, THEREFORE, the City and the District, in consideration of the mutual covenants
contained herein, agree as follows:
1. Term. This Agreement begins June 6,2005 and ends July 29,2005.
2. Consideration. The City shall pay the District $1.90 per lunch meal and $.50 per
snack meal.
3. Billing. The District shall bill the City on a monthly basis for all Meals pro-
vided to the City. The City shall pay the bill within two Fridays after receipt of the
bill out of current City revenue.
4. Nutritional Assurances. The District assures that each Meal will meet the
minimum nutrition value and content requirements, in accordance with the Texas
Health and Human Services Commission's FY 2005 Summer Food Service
Program regulations.
5. Recordkeeping.
A. The District must maintain full and accurate records including, but not limited
to, the following:
1. Menu records (Menu Records), including the amount of food
prepared; and
2. Meal records (Meal Records), including the daily number of Meals
delivered by type.
B. The District must provide monthly reports of Menu Records and Meal Records
H\LEG.Dffi\LISA\1800IPARK AND REC - SUMMERFOOD05-CCISDfNTERLOCALDOC
to the City's Director of Programs, or designee, within ten business days
following the end of each month during which Meals are provided.
C. The District must retain the Menu Records and Meal Records for 3 years and
90 days, or so long as an audit is in progress. The District must make all
records and accounts, pertaining to this Summer Food Program available to
representatives of the United States Department of Agriculture and thE1
General Accounting Office for audit or adminis-
trative review at a reasonable time and place.
6. Food Service Operations. The District will maintain its food service op-
erations at the District's facility during the term of this Agreement as a part of the con-
sideration.
7. Workers. The food service workers will continue to be the District's em-
ployees for the term of this Agreement and, therefore, subject to the District's board policies
and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration
payments set out above.
8. Coordination. The City's Director of Park and Recreation, or designee,
shall place a weekly order with Jody Houston, the District's appointed representative, or her
designee, for the number of Meals by type needed, the sites at which the Meals are needed,
and the time at which the Meals must arrive at each site.
9. Governmental Service. This Agreement is between the City and the Dis-
trict for the purpose of providing Meals for the Summer Food Program sites and activity sites
and is not for the benefit of any third party or individual.
10. Current Revenue. All money spent for this Summer Food Program
through this Agreement must be spent out of currently available revenue of the City and the
District.
11. Entirety Clause. This Agreement expresses the entire agreement be-
tween the parties. Any modification, amendment, or addition to this Agreement is not binding
upon the parties unless in writing and signed by persons authorized to make such agreements
on behalf of the respective party.
EXECUTED IN DUPLICATE on the
day of
CITY OF CORPUS CHRISTI
,2005,
ATTEST:
George K. Noe
City Manager
Armando Chapa
City Secretary
H:\LEG-D1R\LISAII800\PARK AND REC - Sl.JllA1..1ERFOOD05-CCISDfNTERI.OCAL.IX>C
Approved the
day of
,2005.
By:
Lisa Aguilar
Assistant City Attorney
for City Attorney
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This instrument was acknowledged before me on the _ day of ,2005,
by George K. Noe, City Manager, or his designee, of Corpus Christi, Texas, a home
rule municipal corporation, on behalf of said corporation.
Notary Public
Name:
Commission expires:
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By:
Name:
Title:
Date:
STATE OF TEXAS 9
COUNTY OF NUECES 9
This instrument was acknowledged before me on the _ day of ,2005,
by , an authorized representative of the
Corpus Christi Independent School District, acting on behalf of the organization.
Notary Public
Name:
Commission expires:
H\I,EG-D1R\LISA\1800\PARK AND REC - SUMI\1ERFOOD05-CCISDINTERLOCAI.,DOC
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE
TRANSPORTATION SERVICES FOR YOUTH RECREATION
PROGRAMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or the City Manager's designee is authorized to
execute an interlocal cooperation agreement with the Corpus Christi Independent
School District to provide transportation services for youth recreation programs. A copy
of the Interlocal Agreement is attached.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: April 4, 2005
By: 't~ ~'-'I
Lisa Aguilar
Assistant City Attorney
for City Attorney
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
This agreement (Agreement) is entered into between the City of Corpus Christi, a
Texas home rule municipal corporation (City), and the Corpus Christi Independent School
District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, as amended, to achieve efficiency in meeting intergovernmental
responsibilities.
WHEREAS, the City is sponsoring a summer recreational program for elementary
school age children using several of Districts school campuses, a Flour Bluff Independent
School District school campus, and Housing Authority sites, and the City also sponsors a
Weed and Seed recreation program as well as a youth recreation program during the term of
this Agreement for school age children, (hereinafter, collectively referred to as the Summer
Program);
WHEREAS, the City includes travel to various activity sites around the Corpus Christi
area as field trips for its Summer Program participants; and
WHEREAS, the District agrees to provide to the City a sufficient number of District
owned school buses, including school buses accessible as required by the Americans with
Disabilities Act ("ADA"), for a fixed fee of $2.00 per mile and provide District-employed
school bus drivers at fixed rate of $15.00 per hour to transport the Summer Program
participants from their respective campuses to the various activity sites.
NOW, THEREFORE, the City and the District, in consideration of the mutual
covenants contained herein, agree as follows:
1. Term. This Agreement begins June 6, 2005 and ends July 29, 2005.
2. Services to be provided. District shall provide its District school buses
(including ADA accessible school buses) and District-employed school bus drivers as needed
by the City for transportation for City Summer Program field trip activities.
3. Consideration. The City shall pay the District $2.00 per mile for each mile
traveled from the District's bus barn to the activity site and back to the District's bus barn.
Additionally, the City shall pay the District for District-employed school bus driver services
performed at rate of $15.00 per hour on a prorated basis. These payments shall be full
compensation to the District for the costs of the school buses, the fuel to run the buses, all
maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all
other related costs and expenses to the District.
4. Billing. The District shall bill the City on a monthly basis. City shall pay
the bill within two Fridays after receipt of the bill out of current City revenue.
H\LEG-DIR\LISA\ 18OD\PARK BUSAGREEMENT 0331 05-CCISDINTERLOCALDOC
5. District Bus Maintenance. The District will maintain its buses at its bus
maintenance facility during the term of this Agreement as a part of the consideration.
6. District Bus Drivers. The school bus drivers assigned by the District to
provide services under this Agreement shall be District employees for all purposes. The
school bus drivers are not City employees for any purpose.
7. Coordination. The City's Director of Park and Recreation, or designee, shall
place a weekly order with the representative from CCISD, or their designee, for the number
of buses needed, the sites at which the buses are needed, the address of the activity to be
undertaken from each site, the time at which the buses must arrive at each site to pick up the
various program participants, and the time at which the buses must arrive at each activity site
to pick up the various program participants to return them to their respective sites.
8. Governmental Service. This Agreement is between the City and the Dis-
trict for the purpose of providing transportation between the various Summer Program, Weed
and Seed, and youth recreation program sites and activity sites and is not for the benefit of
any third party or individual.
9. Current Revenue. All money spent for transportation for the Summer
Program, Weed and Seed, and youth recreation program participants through this
Agreement must be spent out of currently available revenue of the City and the District.
10. Entirety Clause. This Agreement expresses the entire agreement between the
parties. Any modification, amendment, or addition to this Agreement is not binding upon the
parties unless in writing and signed by persons authorized to make such agreements on
behalf of the respective party.
EXECUTED IN DUPLICATE on the
day of
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
APPROVED the
day of
,2005.
By:
Lisa Aguilar
Assistant City Attorney
for City Attorney
STATE OF TEXAS s
COUNTY OF NUECES s
This instrument was acknowledged before me on the _ day of ,2005, by
George K. Noe, City Manager, or his designee, of Corpus Christi, Texas, a home rule
H:\LEG-DIRILISA\I 800\PARK BUSAGREE!\1ENT 0331 05-CCISDrNTERLOCALDOC
municipal corporation, on behalf of said corporation.
Notary Public
Printed Name:
Commission expires:
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By:
Name:
Title:
Date:
STATE OF TEXAS ~
~
COUNTY OF NUECES s
This instrument was acknowledged before me on the _ day of ,2005, by
, an authorized representative of the Corpus
Christi Independent School District, acting on behalf of the organization.
Notary Public
Printed Name:
Commission expires:
H:\LEG-DIR\LlSA \1800\P ARK BUSAGREEr-.1ENT 0331 05-CCISDINTERLOCALDOC
Corpus Christi, Texas
Day of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
4
AGENDA MEMORANDUM
Date: April 12, 2005
SUBJECT: Compressed Natural Gas Fueling Facility
Environmental Programs
AGENDA ITEM:
Resolution authorizing the City Manager, or the City Manager's designee, to submit a
Department of Energy/State Energy Program grant application to the Texas State Energy
Conservation Office in the amount of $150,000 for a compressed natural gas fueling facility at
the Maintenance Service Center, with a city match of$ 276,000.00 out of the Gas Commercial
Paper Fund 4550, for total project costs of $426,000.00.
ISSUE: The State Energy Conservation Office (SECO) issued a Request for Proposals for the 2004
State Energy Program grants from the US Department of Energy (DOE), The City of Corpus Christi
Gas Department proposes to apply for a $150,000 grant under this program to construct a
Compressed Natural Gas (CNG) Fueling Facility on City property at the Maintenance Service
Cen teT.
FUNDING: Up to $150,000 would be awarded by the DOE/SEP grant through SECO. The City
match of$276,000 to complete the project will be allocated out of Fund No. 4550, Gas Commercial
Paper.
RECOMMENDATION: Staffrecommends approval of the motion as presented.
C ;LiljAA~~~
c. Kim Mc~uire
Director, Office of Environmental Programs
Attachment:
Department of Energy Grant Solicitation
BACKGROUND INFORMATION
Subject: Compressed Natural Gas Fueling Facility
Project Description: The US Department of Energy (DOE) is soliciting grant proposals from the
states for altemative fuel projects. The State Energy Conservation Office (SECO) is administering
that program for the State of Texas. The City of Corpus Christi Gas Department proposed to apply
for a $150,000 grant to construct a Compressed Natural Gas (CNG) facility at the Maintenance
Service Center.
The purpose of the CNG facility will be to service City vehicles capable of operating on CNG. CNG
is a cleaner buming fuel than gasoline or diesel, and the City, in its desire to maintain 900d air
quality, has been purchasing vehicles that utilize CNG.
The facility would be accessible to the public. A 90al of the Gas Department is to increase the
number of vehicles in Corpus Christi capable of utilizing CNG. A key facet of that program is the
ability of potential customers to have ready access to CNG fuel. Construction of this facility will
provide that access.
Prior Council Action: None
Future Council Action: Approval of the grant contract, if awarded, as the grant amount exceeds
$25,000.
ATTACHMENT
CLEAN CITIES REFUELING INFRASTRUCTURE
01B:
ESTIMATED FUNDS AVAILABLE: $1,800,000
ESTIMATED NUMBER OF PROJECTS: 7 - 12
FUNDING CEILINGS/EXPECTED RANGE OF FUNDING: $150,000 or $250,000 for
"cluster" projects. A "cluster" project contains a minimum of three commercial or "mini-
fast-fill" refueling installations in a specific geographic area or ten or more
residential/home refueling devices in the same region.
DE-PS26-05NT 42396-
COST SHARE: 30% non-Federal cost share with 50% of this amount in cash
BACKGROUND AND OBJECTIVES: The goal of the U.S. Department of Energy's
(DOE) Clean Cities program is to accelerate the development of a sustainable
alternative fuels market through public/private Clean Cities partnerships formed around
the country. The program will continue to provide funds to State Energy Offices for
Special Projects to support Clean Cities' alternative fuels and petroleum reduction
through the development of infrastructure, niche markets, idle reduction technologies,
and strategic alliances between the Federal, State and local government partners and
private sector Clean Cities stakeholders.
The Clean Cities program is offering funding to help ensure that local Clean Cities
coalitions are vibrant, active coalitions enabling fleet customers to increase their use of
AFVs. This sub-solicitation for refueling infrastructure is interested in projects that
promote AFV infrastructure development.
Proposals must include the Clean Cities Cover Sheet (Exhibit 1) which summarizes
significant proposal elements.
Note: Projects requesting funding assistance for both vehicles and related fueling
infrastructure must be submitted as separate proposals under two sub-solicitations
Niche Markets and Refueling Infrastructure. Each proposal should clearly reference the
other in order to assure proper consideration.
PROJECTS REQUESTED/AREA OF INTEREST Infrastructure projects can include
new dispensing facilities, or additional equipment or upgrades and improvements to
existing AFV refueling sites. Funding can be used to purchase equipment or to pay for
specific turn-key fueling services by qualified AFV fuel providers. Project proposals
should include the fuel type, estimated fuel use sales (i.e. fuel quantity based on fleet
commitments, not the total capacity of the station), and the projected number of AFVs
that will use the facility. Whenever possible, identify actual fleets that have pledged to
use the sites and attach letters of commitment to that effect. Projects that include fleet
commitments for fuel purchases at the fueling site will be ranked higher. Extra
consideration will be given to refueling sites that have shared fleet or open (public)
access provisions. Projects that include card lock systems must utilize a universal
reader technology and, whenever possible, support station networking protocols already
established in the region. Refueling sites that contribute to an infrastructure corridor
development plan or regional strategy are desirable and should be clearly noted. Also
desirable are refueling stations which will provide alternative fuels to EPAct-covered
(Federal, State, and fuel provider) fleets. These fleets should be identified. Each
refueling site location must be identified and applicants must submit a project
implementation plan that includes a proposed construction schedule, a discussion of
permitting requirements, and environmental assessment needs. The applicant has one
year after the award date to complete local permitting requirements or DOE funds will
be de-obligated. In this category, the Clean Cities is interested in providing a maximum
of $150,000 per project. Projects that include multiple fuel types (i.e. propane and E-
85) at the same location must provide evidence of essential support from each fuel
provider for each fuel type being proposed, in addition to evidence of fleet
commitments. Additionally, Clean Cities is interested in providing a maximum of
$250,000 per project for "cluster" refueling infrastructure projects. A "cluster" project
contains a minimum of three commercial or "mini-fast-fill" refueling installations in a
specific geographic area or ten or more residential/home refueling devices in the same
region. Projects proposing home refueling systems will be required to show technical
oversight by a project manager who will collect and report fuel use and customer
satisfaction survey data to the appropriate DOE Regional Clean Cities office on March
30 and September 30. The home refueling systems can only be used to refuel licensed
conventional on-road AFVs (golf carts, fork lifts, novelty vehicles, and neighborhood
vehicles are not eligible). Full production facilities are not eligible.
Note: Depending on the number and type of proposals that are received related to
hydrogen powered vehicles, Clean Cities may decide to evaluate hydrogen projects
separate from other alternative fuel technologies, while using the same evaluation
criteria described in this sub-solicitation.
EVALUATION CRITERIA:
Proposals submitted will be evaluated and ranked by the following criteria:
1. Probability of project success based on the technical feasibility of the project,
thoroughness of project implementation plan, identification and qualifications of
appropriate team members, and quality of supporting documentation (i.e. fleet
and financial letters of commitment, letters identifying site locations, letters with
equipment bids information.) (35 points)
2. Energy security benefits as indicated by the estimated amount of fuel dispensed
at alternative fuel refueling stations introduced as a result of this project. (30
points)
3. Probability of project success, as indicated by coalition and partner(s) past
performance as reflected in previous project final report and the WinSaga data
base. The proposal should demonstrate that the team has sufficient expertise
and experience to bring the project to a successful conclusion. Grading factors
will include: successful prior project management experience with significant
infrastructure deployment results, prior AFV related grant implementation
success; and consistency with previously documented coalition goals, and
completeness of 2002 Clean Cities Annual Survey. (10 points)
4. Extent to which project will contribute to a sustainable alternative fuel market and
potential for future growth without additional Federal funding. (10 points)
5. Greater cost share participation or cash equivalent contribution than what is
required. Financial investment and active participation from other coalition
stakeholders and partners are strongly encouraged. (10 points)
6. Visibility of project activities - probability of increasing awareness and
acceptance of alternative fuels and AFVs among target sectors in the local
community including, but not limited to, current stakeholders, fleet operators,
media, and the general public. Clean Cities decals must be used if AFVs are
being purchased. (5 points)
SPECIAL REQUIREMENTS:
In all cases, letters of commitment (not support) must accompany the proposal to
substantiate cost share
Fuel providers, as participating private-sector partners, must be in compliance with the
EPAct alternative fuel vehicle acquisition rule in order to be eligible to receive Clean
Cities funding under this sub-solicitation.
States must submit special project proposals for alternative fuel transportation projects
in partnership with their local, officially-designated Clean Cities coalition. A letter to this
effect, from the coalition, indicating that the coalition recommends this proposal for
funding must accompany the proposal.
Only projects located in active, designated (or approved for designation) Clean Cities
are eligible for funding. An "active" coalition is one with a valid and approved
Memorandum of Understanding with DOE. "Approved for designation" means that DOE
has authorized a designation ceremony for a coalition, making the coalition eligible to
compete.
Projects are evaluated on the value of cost share, and the type of in-kind services being
offered, not necessarily the total declared value of the contribution in the proposal,
although the minimum requirement must be met. For instance, in-kind services such as
general office costs, which would be paid regardless of SEP funding, are valued much
lower than a strictly financial contribution tied directly to the project.
Funds are intended to pay for hardware and/or turn-key fueling services. However, DOE
recognizes that project management costs may be necessary. If project management
costs are included in the budget, the project manager must be identified and his/her
responsibilities described. Project management costs are not the same as
administration costs.
Proposals must be adequately documented. If hardware is to be purchased, bids
identifying hardware cost must be included.
If the applicant requests funding from more than one special project category, a
separate proposal for each category must be submitted for evaluation. For example,
projects that entail funding for both vehicle acquisition, and infrastructure development
to fuel those vehicles, must be submitted as two separate proposals addressing the
criteria identified in the Niche Markets and Refueling Infrastructure sub-solicitations,
respectively. It should be noted in both proposals, that funding has been requested in
more than one sub-solicitation.
A final report will be required by resultant awards. This report will include site location,
permit verification, date opened, equipment selection with itemized costs or final bid
information, types of fueling services that will be provided, and a list of fleet participants
and key partners.
States can not make final invoice payment until the final report and all project
milestones have been submitted to the appropriate DOE Clean Cities Regional Office.
The performance track record of prospective grantees which have received previous
grants will be taken into account. Applicants must describe the status and results of
previous grants in the application.
Applicants should be aware that permits may be required for many infrastructure
projects. If the applicant does not have the required permits within one year of the
grant negotiation date, funds for the grant will be de-obligated.
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION TO THE DEPARTMENT OF ENERGY/STATE
ENERGY PROGRAMS (DOElSEP) IN THE AMOUNT OF $150,000 FOR
A COMPRESSED NATURAL GAS FUELING FACILITY AT THE
MAINTENANCE CENTER, WITH A CITY MATCH OF $276,000 IN THE
NO. 4550 GAS COMMERCIAL PAPER FUND FOR A TOTAL PROJECT
COST OF $426,000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant application
to the Department of Energy/State Energy Programs (DOElSEP) in the amount of
$150,000 for a compressed natural gas fueling facility at the Maintenance Service
Center. The City match for this grant is $276,000 in the No. 4550 Gas Commercial
Paper Fund, for a total project cost of $426,000.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions, or terminate the grant, if the grant is awarded to the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: April 8, 2005.
?Jl.~,~~k- lijy Atf,"nz<i-
R. Ja Rein g I {
First Assistant City Attorney
For City Attorney
R53212A1
2
Corpus Christi, Texas
of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
R53212A 1
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
Anril12. 2005
AGENDA ITEM:
(a) ORDINANCE AMENDING THE ICMA RETIREMENT CORPORATION DEFERRED
COMPENSATION PLAN ADOPTED BY ORDINANCE NUMBER 18127 TO INCLUDE
PROVISIONS FOR LOANS TO PARTICIPANTS; AND DECLARATION OF AN EMERGENCY.
(b) RESOLUTION AMENDING THE U. S. CONFERENCE OF MAYORS DEFERRED
COMPENSATION PLAN ADOPTED BY RESOLUTION NUMBER 20008 TO INCLUDE
PROVISIONS FOR LOANS TO PARTICIPANTS.
ISSUE: Addition of Loan Provisions to the city's 457 Deferred Compensation Plans - Nationwide Retirement Services
in association with the Unites States Conference of Mayors, and ICMA Retirement Corporation.
These provisions would allow participants to take loans from their deferred compensation plan accounts for general
purpose loans and loans for the purchase of a primary residence. The loan repayments, as well as interest, are returned to
the participants accounts.
REQUIRED COUNCIL ACTION: Adopt loan provisions for the plans.
PREVIOUS COUNCIL ACTION: None on loan provisions
CONCLUSION AND RECOMMENDATION: It is recommended that the loan provisions for the 457 Deferred
Compensation Plans, Nationwide Retirement Services in association with the United States Conference of
Mayors, and ICMA Retirement Corporation be adopted to provide actively employed participants access to their
account assets without negative tax consequences through plan loans.
q'iI!X c JL ~
NA E
Director of Human Resources Department
Attachments:
BACKGROUND INFORMATION
In 1976, the City established, through Ordinance 13405, an internally-administered deferred compensation
program as a voluntary, supplemental retirement plan for its employees. The plan was amended in 1982 by
Ordinance 16839 to specify the maximum amounts which may be deferred under the plan, changing the times
at which employees may join the plan, and allowing employees to change the method of distribution.
In 1984, Ordinance 18127 amended the plan by appointing the ICMA Retirement Corporation as
Administrator, adopted the ICMA Deferred Compensation Plan to comply with Internal Revenue Code
Section 457, authorized the City manager to sign such documents necessary for said changes, and appointed
the Director of Finance as Plan Coordinator.
In 1987, Resolution 20008 was adopted to establish a second deferred compensation program as an enhanced
benefit choice for employees, the United States Conference of Mayors Deferred Compensation Plan, through
Nationwide Retirement Services.
Basic loan provisions are as follows:
. No cost to the city.
. Actively employed participants may make a loan.
. Only one loan, at a time, may be held by a participant.
. Loan repayments will be made via ACH from the participant's personal bank account directly to the
plan administrator for deposit in the participants deferred compensation program account. This
includes the interest payment on the loan.
. Loan terms may be for as follows:
o General purpose - up to five years
o Purchase of primary residence - up to fifteen years
. Loan application fee is $50 per loan.
. Minimum loan amount is $1,000.
. Maximum loan amount is the lesser of (I) 50% of the participants vested balance less outstanding loan
balance, or (2) $50,000 less the highest outstanding loan balance during the preceding one-year period.
. The rate assumed will be Primer Rate + 0.5-1.0%, generally. FHAN A rates may apply for purchase
of primary residence loans.
. Annual loan maintenance fee of $50 will be deducted from the participants account until the loan is
repaid.
COMPARISON OF LOAN PROVISIONS
457 DEFERRED COMPENSATION PLANS
US Conference of Mayors, Nationwide
ICMA Retirement Retirement Services
CorDOration
Plan 1976 1984
Implementation
Eligibility All active employees All active employees
Loan Yes Yes
Agreement
Documented Handled between participant For purchase of principal residence also
and ICMA require Primary Residence Certificate and
copy of contract or other documents
Check directly to participant relating to acquisition of the dwelling unit.
Handled between participant and NRS
Check directly to participant
# of Loans 1 1
Outstanding at
any time
Application Fee $50 deducted from $50 deducted from participant's account
participant's account
Loan Types General purpose, primary General purpose, primary residence
residence
Loan ACH from participant's ACH from participant's personal bank
Repayments personal bank account. account,
Loan Payoff Either by regular payments or Either by regular payments or in lump
by lump sum, extra payments sum, no extra payments allowed
are allowed
Loan Tenn 5 years for general purpose, 5 years for general purpose, 15 years for
15 years for primary residence primary residence purchase
Durchase
Loan 1 per calendar year 2 in 12 months
Frequency
Default 90 days following non- 30 days following termination or death
payment, termination or death
Comparison of Loan Provisions - Deferred Compensation Plans
I
US Conference of Mayors, Nationwide
ICMA Retirement Retirement Services
Corooration
Loan Security Assets in the participant's Assets in the participant's account
account
Loan Amount - $1,000 $1,000
Minimum
Loan Amount - Lesser of (1) 50% of the Lesser of (1) 50% of the vested account
Maximum vested account balance, (2) balance less any outstanding loan
$50,000 less the (a) highest balances or (2) $50,000 less the highest
outstanding balance of loans outstanding loan balance during the
during the preceding on year preceding one-year period.
period.
Loan Default None At time of default, deducted from
Fee participant's account
Loan Reamortization and No
Renegotiation refinancing allowed
Does not extend the original
loan term.
Military Service With employer arrangement, Loan payments suspended while
loan payments can be participant is performing in military
suspended while participant is services, loan reamoritized upon return
performing in military services, and repayments begin
reamortization upon retum and
repayments begin
Interest Rate 5 years or less based on prime Prime Rate + 1%, generally
rate + .05%, principal
residence loans based on
FHANA rate
Annual None Annual loan maintenance fee of $50 and
Maintenance Variable Account Annual Expense Fee
Fee deducted from participant's account
On-Line Yes No
Application
Process 1-800 customer service line
Comparison of Loan Provisions - Deferred Compensation Plans
2
1
ORDINANCE
AMENDING THE ICMA RETIREMENT CORPORATION DEFERRED
COMPENSATION PLAN ADOPTED BY ORDINANCE NUMBER 18127 TO
INCLUDE PROVISIONS FOR LOANS TO PARTICIPANTS; AND DECLARATION
OF AN EMERGENCY
Whereas, in 1984, the City of Corpus Christi authorized the adoption of the ICMA Deferred
Compensation Plan in Ordinance 18127 established in accordance with Section 457 of the
Internal Revenue Code;
Whereas, recently issued federal regulations under Internal Revenue Code Section 457
provide that eligible governmental 457 plans may permit loans to participants;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The ICMA Deferred Compensation Plan authorized in Ordinance 18127 and
established in accordance with Section 457 of the Internal Revenue Code is amended to allow
loans to participants in accordance with the 457 Plan Loan Guidelines attached as Exhibit A.
SECTION 2. The ICMA Deferr~d Compensation Plan authQrized in Ordinance 18127 and
established in accordance with Section 457 of the Internal Revenue Code is amended to permit
online loans in accordance with the online loan procedure~ described in the attached Exhibit B.
SECTION 3. The City Manager or his designee is authorized to execute documents to amend
the Plan Document to allow loans to participants.
SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the
City Council (1) finds and declares an emergency due to the need for immediate action necessary
for the efficient and effective administration of City affairs and (2) suspends the Charter rule that
requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the
day of , 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa,
City Secretary
Henry Garrett
Mayor
APPROVED: April 5, 2005
~~~
Lisa Aguilar
Assistant City Attorney
For City Attorney
leMA Derd Comp Plan amd Apri! 12 2005.DOC
4 5 ~
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.. Name of Plan:
"_._A._______ _____.___
-0.____- ___"_ _____. _____.._._.___~___~.___._
I. Purpose
The purpose of these guidelines is tt! establish the terms and conditions under which the employer will grant loans to partici-
pants. This is the only official Loan Program Document of the above named Plan.
II. Eligibility
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in default.
Loans y.,ril! be pro-rated among all the funds in which the participant is invested at the time the loan is made.
Loans are available for the following purposes: [select oneJ
~AlI purposes
o Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a participant to meet
certain specified financial situations. The employer shall determine, based on all relevant facts and circumstances, that
the amount of the loan is not in excess of the amount required to relieve the financial need. For this purpose, financial
need shall include, but not be limited to: unreimbursed medical expenses of the participant or members of the
participant's immediate family, establishing or substantially rehabiJit'ating the principal residence of the participant, or
paying for a college education (including graduate studies) for t~e participant or his/her dependents.
III.
Frequency of loans [select one]
~artiCiPants may receive one loan per calendar year.
Moreover, participant,> Illay have only one outstanding loan at a time.
o Participants may receive one loan per calendar year. Moreover, no participant may have more than five (5) loans
outstanding at one time.
IV. Loan amount
The minimum loan amount is $1,000.
The maximum amount of all loans to the participant from the plan and all other plans sponsored by the employer that are
qualified employer plans under section 72(p)(4) of the Code is the lesser of:
(1) $50,000, reduced by the excess (if any) of
{l. The highp.st outstanding balance of loans during the one-year period ending on the day before the date a loan
is 10 be made, or
b. The outstanding balance of loans on the date the loan is to be made: or
(2) one half of the participant's vested account balance.
If a participant has any loans outstanding at the time a new loan is requested. the new loan will be limited to the maximum
amount calculated above reduced by the total of the outstanding loans.
A loan cannot be issued for more than the above amouflLThe participant's requested loan amount is subject to downward
adjustment \vithout no lice due to market fluctuation t.Jet\veen the time of application and the time the loan is made.
3
I C M A
RETIREMENT
CORPORATION
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'V. Length of loan
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not
exceed five (5) years.
Loans for a principal residence must be rerid in substantially equal installments of principal and interest, at
least monthly, over no more than / [state number of years) years (maximum 30 years).
VI. Loan repayment process
Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practicable on a date
determined by the empl,o,yer's payroll cycle.
Loans outstanding for former employees or employees on a leave of absence must be repaid on the same schedule as if payroll
deductions were still being made unless they reamortize their loans and establish a new repayment schedule that provides that
substantially equal payments are made at least monthly over the remaining period of the loan. All repayments must be made
through the employer.
Loan payrnents, including loan payments from former employees, are allocated to the participant's current election of invest-
ment options on file with ICMA-RC.
The participant may payoff all or a portion of the principal and interest early \vithout penalty or additional fee. Extra payments
are applied forvvard to both principal and interest as specified in the original repayment schedule, unless the additional payment
is for the balance due.
VII. Loan interest rate
The rate of interest for loans of five (5) years or less v/ill be based on prime plus 0.5%.
The rate of interest for loans for a principal residerlce will be based on the FHA/V A 'rate.
Interest rates are determined on the last business day of the month preceding the month the loan is disbursed. The interest rate
is locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using the TVall Street Journal as the source. The
FHA/V A interest rate is also determined on the last business day of each month using the T elerate Information Service as the
source.
Loan interest rates for new loans may fluctuate upvvard or downvvard monthly, depending on the movement of the prime and
FHA/VA interest rates.
The employer may modify the manner in \vhich loan interest rates \viIl be determined, but only with respect to future loans.
4
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V'III. Loan application procedure
All loans must be requested in writing on an application approved by the plan administrator.
the participant.The employer must review and approve the application.
The application must be signed by
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement that includes an
amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the Friday following the receipt
of a complete loan application. The loa.,n check, promissory note, disclosure statement and truth~in-lending recision notice will
be sent to the employer, who will obtain the necessary signatures and deliver the check to the participant. All executed docu-
ments must be returned to the plan administrator \vithin 10 calendar days from thp date the check is issued.
IX. Security/Collateral
That portion of a participant's account balance that is equal to the an10unt of the loan is used as collateral for the loan. The
collateral amount may not exceed 50 percent of the participant's account balance at the time the loan is taken. Only that
portion of the account-balance that corresponds to the amount of the outstanding loan balance is used as collateral.
X. Acceleration [select one]
~ An loans are due and payable in full upon separation frorn service.
o All loans are due and payable when a participant receives a distribution of all of his/her account balance after
separation from service. The amount of the outstanding loan balance will be reported as a distribution in addition
to the amount of cash distributed (rom the plan.
o All loans are due and payable when a participant receives a distribution of part of his/her account balance after
separation from service.The amollnt of the outstanding loan balan~e will be reported as a distribution in addition to
the amount of cash distributed from the plan.
XI. Reamortization
Any outstanding loan ma.y be reamortized. Reamortization means changing the terms of a loan. such as length of repayment
period, interest rate. and frequency of repayments. A loan may not be reamortized to extend the length of the loan repayment
period to more than five (5) years from the date the loan \vas originally made, or in the case of a loan to secure a principal
residence. beyond the number of years specified by the employer in Section V above.
A participant must request the reamortization of a loan in vvriting on a reamortization application acceptable to the plan
adrrlinistrator. Upon processing the request. a ne\v disclosure statement will be sent to the employer for endorsement by the
participant and approval by the emplover. The executed disclosure statement must be returned to the plan administrator within
10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the original promis-
sory note, therefore a new promissory note \vil] not be required.
A reamortization will not be considered a nev.... loan for purposes of calculating the number of loans outstanding or the one loan
per calendar year limit.
XII. Refinancing existing loans
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstanding loan, no
loans may be refinanced. Refinancing means concurn~ntly repaying an existing loan and borro,^'ing an additional amount
through a new loan. A participant may not refinance a resirlentialloan.
In order to refinance an existing loan, a participant must request a nevv loan in writing on an application approved by the plan
administrator. Such request rnust be rnade at a time when the participant is eligible to obtain a loan as defined by the employer
in Section III above.The amount of a new loan requested for the purpose of refinancing is subject to the loan limits specified in
Section IV above.
Because a refinancing is considered a new loan, only active employees may refinance an outstanding loan.
5
I C M A
RETIREMENT
CORPORATION
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XIII. Reduction of Loan
If a participant dies prior to full repayment of the outstanding loan(s), the outstanding loan balance(s) will be deducted from the
account prior to distribution to the beneficiary(ies). The unpaid loan amount is a taxable distribution and may be subject to
early withdrawal penalties.The participant's estate is responsible for taxes or penalties on the unpaid loan amount, if any. The
beneficiary is responsible for taxes due on the amount he/she receives.A Form 1099 will be issued to both the beneficiary and
the estate for these purposes.
XIV. Loan default
If a required payment of princi'pal and interest is 110t made \\'ithin 90 days of the date such payment is due, the loan is consid-
ered in default. If a loan is in default. the loan will be foreclosed during the calendar year in which the participant separates
from service. If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs.
If the employer has elected in Section X, and the promissory note so provides, a loan becomes due and payable when the
participant separates from service, If the terms of the loan contain this provision, the, outstanding loan amount is "deemed" in
default as of the date of separation from service. The amount of the outstanding loan, including accrued interest, will be
reported to the IRS as a distribution that may be subject to taxes.
If the employer has so elected in Section X, and the promissory note so provides, a loan becomes due and payable when the
participant takes a distribution of SOllle or all of the balance in his/her account after separation from service. If the terms of the
loans contain such a provision and the outstanding loan balance is not paid prior to the distribution from the account, the
outstanding loan amount will be considered in default upon issua~ce of the df\,tribu~ion check. The amount of the outstanding
loan, including accrued interest, will be reported to the IRS as a distribution that may be subject to taxes. Participants who
have an existing loan in default will not be eligible for additional loans.
xv. Fees
Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be
debited from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment
of principal and interest to the participant's account. A schedule of fees applicable to this plan is available from the plan admin-
istrator.
XVI. Other
The employer has the right to set other terms and conditions as it deems necessary for loans from the plan in order to comply
with any legal requirenlents. All terms and conditions \vill he administered in a uniform and non-discriminatory manner.
In Witness Whereof, the employer hereby caused these Guidelines to be executed this
day
of
. 20
EMPLOYER
Accepted: ICMA RETIREMENT CORPORATION
By: __
By
Title:
Title:
Attest:
Attest:
6
,.
"
Ex.h;~it B
p~ I of- L
ADOPTION OF ONLINE LOAN PROCEDURES
(Amendment to 401 or 457 Plan Loan Guidelines)
Sections VI (Loan Repayment Process) and VIII (Loan Application Procedure) are
amended as follows:
All loans must be requested online by employees through ICMA-RC's Account Access
site at www.icmarc.org.
If a employee is married at the time of application, and spousal consent is required by the
Plan for the loan, the employee's spouse must consent, in writing, to the loan and the
consent must be witnessed by a plan representative or notary public. Such consent must
be received in writing by ICMA-RC within the ninety (90) day period before the loan
request is submitted through Account Access.
The promissory note, truth-in-lending rescission notice and disclosure statement are
presented to the employee online on Account Access at the time the employee submits
the loan request. The employee confirms receipt and acceptance of these documents by
clicking on the affirmative buttons on the Account Access program.
The Employer hereby authorizes all future loans requested through the online process via
Account Access, as well as any requests that employees submit on paper forms, pending
review of the application by ICMA-RC. Notice ofloan issuance will be provided to the
Employer via reports posted on the EZLink site.
The loan check will generally be redeemed from the employee's account on the same day
as, and issued on the next business day following, the employee's successful submission
of the loan request through Account Access. The loan check will be mailed directly to
the employee. The employee's presentment for payment of the check constitutes an
acknowledgement that the employee has received and read the loan disclosure
information provided via Account Access and agrees to the terms therein.
Loan repayment will begin as soon as practicable following the employee's presentment
for payment of the loan check.
Loans repayments for active employees must be through (choose one):
o Payroll deduction only
(P164,(,,,,)
~ ACH debit only.
(pl642(2)=O)
o Employee may choose either payroll deduction or ACH debit.
(p164'I2"')
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If payroll deduction repayment is allowed, the Employer will receive notice of payroll
deduction start-up requirements via reports posted on the EZLink site. An employee will
appear on a "start-up" list when ICMA-RC receives notice that the loan check has been
cleared for payment. The list will show the employee's name and the repayment amount.
~ Payroll deduction should begin within two payroll cycles following the
employee's appearance on the start-up list.
~ Repayments through payroll deduction will be sent via check or wire by
the Employer to ICMA-RC on the following cycle (choose one):
D Weekly
D Bi-weekly
D Semi-monthly
D Monthly
If ACH debit repayment is allowed, debits from the employee's designated bank
account will begin approximately one month following the date the loan check has been
cleared for payment. Debits will be made on a monthly basis. Please note that
employees must use Account Access only, and not paper fonns, in order to invoke ACH
as a repayment vehicle.
Plan Name:
Plan Number:
In Witness Whereof, the Employer hereby caused these Amendments to the plan's Loan
Guidelines to be executed this day of ,20 _'
EMPLOYER
ACCEPTED: ICMA Retirement Corporation
BY:
BY:
TITLE:
TITLE: Corporate Secretary
ATTEST:
ATTEST:
NOTE: When amending multiple plans, please use a separate fonn for each plan.
Corpus Christi, Texas
Day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
RESOLUTION
AMENDING THE U. S. CONFERENCE OF MAYORS DEFERRED
COMPENSATION PLAN ADOPTED BY RESOLUTION NUMBER 20008
TO INCLUDE PROVISIONS FOR LOANS TO PARTICIPANTS
Whereas, in 1987, the City of Corpus Christi authorized the adoption of the U. S.
Conference of Mayors Deferred Compensation Program in Resolution 20008
established in accordance with Section 457 of the Internal Revenue Code;
Whereas, recently issued federal regulations under Internal Revenue Code
Section 457 provide that eligible governmental 457 plans may permit loans to
participants;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The following Section 8.06 is hereby added to the Plan Document to allow
loans to participants:
"8.06 Loans to PARTICIPANTS
(a) PLAN SPONSOR has elected to make loans available to PARTICIPANTS and
has delegated certain administrative duties regarding loans from the PLAN to the
ADMINISTRATOR.
(b) Any loan by the PLAN to a PARTICIPANT under this Section shall be subject to
the loan administrative procedures established by the ADMINISTRATOR which
are attached as Exhibit A as well as the following requirements:
(i) Loan Eligibility. Any PARTICIPANT may apply for a loan from the
PLAN. A PARTICIPANT who has defaulted on a previous loan from
the PLAN shall not be eligible for another loan from the PLAN until all
defaulted loans are repaid in full, including accrued interest and fees.
Not withstanding anything to the contrary, except as provided for under
Section 8.06(b)(vi), a PARTICIPANT who has terminated employment
for any reason may not apply for a loan or continue to make loan
repayments.
(ii) Loan Application and Loan Agreement. A PARTICIPANT must
complete and return to ADMINISTRATOR a loan application. A non-
refundable application fee established by ADMINISTRATOR will be
deducted from the PARTICIPANTS ACCOUNT(s) at the time of loan
origination. Before a loan is issued, the PARTICIPANT must enter into
a legally enforceable loan agreement as provided for by the
ADMINISTRATOR.
2
(iii) Loan Repayment. The PARTICIPANT receiving a loan shall be
required to furnish to ADMINISTRATOR any information and
authorization necessary to effectuate repayment of the loan prior to the
commencement of a loan. In the event that a payment cannot be
processed because of lack of sufficient funds, the ADMINISTRATOR
shall assess an insufficient funds charge, which will be deducted from
the PARTICIPANTS ACCOUNT(s). The repayments, including
interest, will be invested based upon the Participant's current
investment specifications.
(iv) Loan Term and Interest Rate. The maximum term over which a loan
may be repaid is five (5) years (fifteen (15) years if the PLAN
SPONSOR permits loans for the purchase of a PARTICIPANTS
principal residence). Each loan shall be amortized in substantially
equal payments consisting of principal and interest during the term of
the loan, except that the amount of the final payment may be higher or
lower. The ADMINISTRATOR shall establish the interest rate for any
loan.
(v) Loan Frequency. Each Participant may have only one (1) PLAN loan
from the ADMINISTRATOR outstanding at any given time. A PLAN
loan which is in default, even if the defaulted loan was treated as a
"deemed distribution" under federal regulations, shall be treated as an
outstanding loan until such PARTICIPANTS account balance is offset
by the amount of principal and accrued interest under the loan. A
PARTICIPANT will be granted a loan no more frequently than two (2)
times in any twelve (12) month period.
(vi) Default. The PARTICIPANT must pay the full amount of each loan
payment (principal and interest) on the date that it is due. Failure to
make such a payment by the due date, or within any cure period
established by the ADMINISTRATOR, shall cause the PARTICIPANT
to be in default for the entire amount of the loan, including any accrued
interest. A loan will also be in default if the PARTICIPANT either
refuses to execute, revoke, or rescind any agreement necessary to
comply with the provisions of this Section or the loan administrative
procedures established by the ADMINISTRATOR, commences or has
commenced against PARTICIPANT a bankruptcy case, or upon the
death of the PARTICIPANT. Notwithstanding the above, a
PARTICIPANTs severance from employment or death shall not
constitute a default if the full outstanding loan amount, which includes
all principal and interest accrued to the date of payment, is paid to the
PLAN no later than 30 days after the date of severance from
employment or death.
USCM Defd Comp Plan amd April 12 2005.DOC
3
(vii) Loan Security. By accepting a loan, the PARTICIPANT is giving a
security interest in their vested PLAN balance as of the loan process
date, together with all additions thereof, to the PLAN that shall at all
times be equal to 100% of the unpaid principal balance of the loan
together with accrued interest.
(viii) Loan Amount. The maximum amount of any loan permitted under the
PLAN is the lesser of (i) 50% of the PARTICIPANTS vested account
balance less any outstanding loan balances under the PLAN or (ii)
$50,000 less the highest outstanding loan balance during the
preceding one-year period. The ADMINISTRATOR shall establish the
minimum loan amount. The PARTICIPANT and not the
ADMINISTRATOR shall at all times remain responsible for ensuring
that any loan received under the PLAN is in accordance with these
limits with regard to any other loans received by the PARTICIPANT
under any other plans of the PARTICIPANTs employer.
(ix) Loan Maintenance Fee. Until a loan is repaid in full, an annual loan
maintenance fee established by ADMINISTRATOR will be deducted
from the PARTICIPANTS ACCOUNT(s).
(x) Loan Default Fee. At the time when a default occurs, a loan default
fee established by ADMINISTATOR will be deducted from the
PARTICIPANTS ACCOUNT(s).
(c) The ADMINISTRATOR shall fix such other terms and conditions necessary to the
administrative maintenance of the provisions of this Section and as necessary to
comply with the IRC and regulations there under."
SECTION 2. The City Manager or his designee is authorized to execute documents to
amend the Plan Document to allow loans to participants.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: April 5, 2005
By: ;J!Yn.- ~.:"
Lisa Aguilar
Assistant City Attorney
for City Attorney
USCM Defd Camp Plan amd Aprill2 200S.DOC
4
Corpus Christi, Texas
of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
USCM Defd Comp Plan amd April 12 2005.DOC
E-I,( \--\ II?:> IT Pt
THE UNITED STATES CONFERENCE OF MAYORS
DEFERRED COMPENSATION PROGRAM
The City of Corpus Christi
PARTICIPANT LOAN ADMINISTRATIVE PROCEDURES
Nationwide Retirement Solutions, Inc. ("NRS'), as Third Party Administrator of the United States
Conference of Mayors Deferred Compensation Program, administers your Deferred Compensation Plan for
Public Employees ('Plan'). Recently issued proposed regulations under Internal Revenue Code Section
457 provide that eligible govemmentaI457(b) plans may permit loans to Participants. NRS recommends
that you, as Plan Sponsor andlor Employer (hereinafter collectively referred to as "Plan Sponsor"), consult
with your own legal advisor in determining whether you wish to add this optional feature to your Plan.
In the event that you decide to offer loans from your Plan to Participants, you will need to return to NRS at
Nationwide Retirement Solutions, PO Box 182797, Columbus, OH 43272-8450 Attn: Loans
Administrator a fully executed original of this document and a fully executed original of the enclosed Plan
Document Amendment. NRS cannot begin processing Participant loans from your Plan until it receives fully
executed originals of both of these documents.
NRS may need from time-to-time to make changes to the administrative procedures set forth herein and in
the Plan Document Amendment. In such a case, NRS will provide you with timely notice of such changes
as they become necessary.
The following administrative procedures shall govem the making of loans from your Plan:
1. Loan Administration. Plan Sponsor delegates to NRS certain administrative duties regarding the
administration of loans from the Plan, which are set forth herein and which may be modified by NRS upon
timely notice to Plan Sponsor.
2. Loan Eligibility. Any Participant in the Plan is eligible to receive a loan from the Plan. Each
Participant is entitled to one (1) loan at any time from NRS. In addition, a Participant who has defaulted on a
preVious loan shall not be eligible for another loan from the Plan until all defaulted loans are repaid in full,
including accrued interest and fees. Notwithstanding anything to the contrary, except as provided for under
Section 8.06(b)(vi) of the Plan, a Participant who has terminated employment for any reason may not apply
for a loan or continue to make loan repayments.
3. Loan Application and Loan Agreement. In order to receive a loan from the Plan, an eligible
Participant must complete a loan application and return it to NRS. A loan application fee of $50.00. will be
deducted from the Participant's account(s). Before a loan is issued, the Participant must enter into a legally
enforceable loan agreement as provided by NRS. If the Plan Sponsor permits loans for the purchase of the
Participant's principal residence, the Participant will be required to sign a Primary Residence Certificate
form and prOVide NRS with a copy of the contract or other documents relating to the acquisition of the
dwelling unit. If the source for a single loan includes both the Participant's Deferred Compensation and
Eligible Rollover Accounts, the Participant will be required to complete a loan application and loan
agreement for each account which will be treated as separate and distinct for all purposes herein except
that they will be considered a single loan for purposes of Sections 2, 6 and 10 herein.
4. Loan Repayment/Maximum Loan Tenn. Repayment of any loan made to a Participant shall be
made in a manner and pursuant to the terms set forth in the loan agreement. The Participant receiving a
loan shall be required to fumish the information and authorization necessary to effectuate the foregoing
payments prior to the commencement of a loan. The maximum term over which a loan may be repaid is
'These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
five (5) years (frfteen (15) years if the Plan Sponsor permits loans for the purchase of the Participanfs
principal residence).
In the event that a Participant elects to receive a distribution from the Plan (other than a distribution due to
an unforeseeable emergency or other in-service withdrawal) at a time when such person has a Plan loan
outstanding, the principal and any accrued interest with respect to such loan shall be taxable.
5. Loan Amortization. Each loan shall be amortized in substantially equal payments consisting of
principal and interest during the term of the loan. Payments of principal and interest shall be made in a
manner and pursuant to the terms set forth in the loan agreement on a monthly basis in equal amounts,
except that the amount of the final payment may be higher or lower. Before the loan is made, the Participant
will be notified of the date on which the first payment will be deducted and the dates on which subsequent
payments are due.
6. Loan Frequency/Renegotiations. Each Participant may have only one (1) Plan loan outstanding
from NRS at any given time. A Plan loan which is in default, even if the defaulted loan was treated as a
"deemed distribution" under federal regulations, shall be treated as an outstanding loan until such
Participant's account balance is offset by the amount of principal and accrued interest under the loan. A
Participant will be granted a loan no more frequently than two (2) times in any twelve (12) month period.
Under no circumstances may loan terms be renegotiated. A new loan shall not be granted prior to the
repayment of an outstanding loan.
7. Default The Participant must pay the full amount of each payment (principal and interest) on the
date that it is due by having sufficient funds in the account designated for loan payments through the ACH
process. If NRS is unable to process a payment on the date due because the Participant fails to have
sufficient funds in the account on that date, NRS will assess a fee of $25.00 that will be deducted from
Participant account(s) and will send written notification to the Participant. The Participant shall be in default
for the entire amount of the loan UNLESS the Participant does each of the following: 1) contacts NRS at the
Deferred Compensation Service Center, 2) mutually agrees with NRS on a date, which is within 30 days of
the missed payment on which funds sufficient to cover the missed payment will be in the account and; 3)
actually pays the missed payments. Failure to make such a payment through mutually agreeable terms
shall cause the Participant to be in default for the entire amount of the loan. The loan also shall be
defaulted upon the death of the Participant or if the Participant commences or has commenced against
Participant a bankruptcy case. No additional loans shall be made to a Participant who has defaulted on a
Plan loan and who has not repaid all defaulted loans in full, including accrued interest and fees.
Notwithstanding the above, a Participant's severance from employment or death shall not constitute a
default if the full outstanding loan amount, which includes all principal and interest accrued to the date of
payment, is paid to the Plan no later than 30 days after the date of severance from employment or death.
8. Loan Prepayment The entire amount of a loan, including outstanding principal and any accrued
interest, may be paid without penalty prior to the end of the term of the loan in the manner prescribed by
NRS. However, payments made that are less than the remaining principal amount of the loan and any
accrued interest with respect to the loan, or which are not paid in the form prescribed by NRS, are not
permitted.
9. Loan Security. By accepting a loan, the Participant is giving a security interest in his or her vested
Plan balance as of the date of the Loan Process Date, together with all additions thereof, to the Plan that
shall at all times be equal to 100% of the unpaid principal balance of the loan together with accrued interest.
10. Maximum/Minimum Loan Amount The maximum amount of any loan permitted under the Plan is
the lesser of (i) 50% of the Participant's vested account balance (not including any value attributable to
applicable life insurance or deemed IRA account) less any outstanding loan balances under the Plan or (ii)
'These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
$50,000 less the highest outstanding loan balance during the preceding one-year period. The minimum loan
amount permitted is $1,000.00*. Loans shall be made in accordance with these limits and those limits
imposed under federal regulations without regard to any other loans received by the Participant from any
other investment provider under the Plan or any other plans of the employer. The Participant and not NRS
shall remain at all times responsible for ensuring that any loan received under the Plan is in accordance with
these limits with regard to any other loans received by the Participant under any other plans of the
Participant's employer. Any tax reporting required as a result of the receipt by a Participant of a loan that
exceeds the limits imposed by federal regulations shall not be the responsibility of NRS, unless it is
determined that such limits were exceeded solely as a result of a loan made through NRS as service
provider. Consequently, NRS shall not be required to account for loans made pursuant to a plan other than
this Plan or loans made under this Plan that are made by an investment provider other than Nationwide Life
Insurance Company.
11. Suspension of Loan Payments. NRS may suspend a Participant's obligation to repay any loan
under the Plan during the period in which the Participant is performing service in the uniformed services as
may be required by law. At the expiration of any suspension of loan payments period, the outstanding loan
balance, including any accrued interest and fees, will be re-amortized and the Participant will be required to
execute an amended Loan Agreement.
12. Loan Interest Rate. The interest rate for any loan shall be established by NRS. These interest
rates shaN commensurate with interest rates being charged by entities in the business of lending money
under similar circumstances. Generally, the rate assumed will be Prime Rate + 1.00%*. The Prime Rate
shall be the prime rate published by the Wall Street Joumal two weeks prior to the end of the most recent
calendar-year quarter. NRS may adjust the loan interest rate for loans to Participants entering active duty in
the military services as may be required by law.
13. Annual Loan Maintenance and Asset Fees. An annual loan maintenance fee of $50.00" will also
be deducted from the Participant's account until the loan is repaid in full. The amount of the outstanding
loan balance will be subject to the maximum Variable Account Annual Expense Fee applicable under the
Plan at the time the loan is issued.
14. Loan Default Fee. At the time when a default occurs, a $50.00' loan default fee will be deducted
from the Particlpant's account. This charge will only affect Participants who fail to make a required loan
payment.
15. Loans for the Purchase of a Principal Residence. All loans issued by the Plan will be general
loans to be repaid in fIVe (5) years unless the Plan Sponsor affirmatively elects to offer loans for the
purchase of the Participant's principal residence, which may be repaid in fifteen (15) years. Such loans
shall be solely secured by the Participant's vested account balance. All administrative procedures set forth
herein shall apply to such loans.
If the Plan Sponsor elec~o permit loans for the purchase of the Participant's principal residence,
please check this box. ~
The undersigned Plan Sponsor hereby adopts these Participant Loan Administrative Procedures, effective
for loans issued on or after the effective date set forth in the Loans to Participants Amendment to Plan
Document, and instructs NRS to administer loans made to Plan Participants in accordance with these
terms.
The Plan Sponsor acknowledges the following: (i) that the Plan Sponsor has decided to offer loans under
the Plan and is instructing NRS to administers loans under the Plan; (ii) that it understands that, as a result
of offering loans under the Plan, the Plan Sponsor, its Participants, and/or the Plan could be subject to
'These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear
as administrative charges on Participant Statements.
adverse tax consequences; (i1i) that the Plan Sponsor has independently weighed this risk and has
determined that offering loans under the Plan is in the best interest of the Plan Sponsor, its Participants,
and the Plan: and (iv) NRS shall not be liable for any adverse tax consequences described in (ii), except as
specifically stated under paragraph 10 herein, resulting from the Plan Sponsor's decision to offer loans
under the Plan or except that arises out of the negligent or reckless actions or inactions of NRS (or any of
its employees or subcontractors.
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as administrative charges on Participant Statements.
Corpus Christi, Texas
Day of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
6
AGENDA MEMORANDUM
April 12, 2005
AGENDA ITEM:
a. Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Baybreeze Development, L.P., owner and developer of Monte Verde At Terra
Mar Unit 1 located east of the future extension of Ennis Joslin Road south of Holly Road and
Los Arboles At Terra Mar subdivision located west of the future extension of Ennis Joslin
Road south of Holly Road for the installation of 1 ,280 linear feet of a 15-inch PVC and 230
linear feet of a 12-inch PVC off-site sanitary sewer collection lines; and
b. Ordinance appropriating $203,983.25 from the Sanitary Sewer Collection Trust Fund No.
4220-540450 to pay Baybreeze Development, L.P., for the installation of 1,280 linear feet of
a 15-inch PVC and 230 linear feet of a 12-inch PVC sanitary sewer collection lines as
specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop
Monte Verde At Terra Mar Unit 1 and Los Arboles At Terra Mar Unit 1subdivisions; and
declaring an emergency.
ISSUES: Baybreeze Development, L.P., owner and developer of Monte Verde At Terra Mar Unit
1 and Los Arboles AtTerra Mar Unit 1 subdivisions, proposes to start the installation of 1,280 linear
feet of a 15-inch PVC and 230 linear feet of a 12-inch PVC sanitary sewer collection lines. The
proposed sanitary sewer collection lines will begin at the southem boundary of Monte Verde At Terra
Mar subdivision and will extend southerly to connect to lift station No. 11. City Council approval of
the Sanitary Sewer Construction and Reimbursement Agreement, and encumbrance of fund from
the Sanitary Sewer Collection Trust Fund are required prior to start construction in compliance with
Ordinance No. 025424.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
~~
B.A. Holly, A.1. P.
Director of Development Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit B-1
Exhibit C
Exhibit C-1
Exhibit D
Exhibit E
Background Information
Area Map
Sanitary Sewer Main Location Map
Application For Sewer Line Reimbursement
Application for Sewer Line credit
Cost Estimates
Sanitary Sewer Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Monte Verde at Terra Mar Unit 1
located east of the future extension of Ennis Joslin south of Holly Road and Los Arboles at
Terra Mar Unit 1 subdivision located west of the future extension of Ennis Joslin south of
Holly Road, required the off-site extension of 1,280 linear feet of a 15-inch PVC and 230
liner feet of a 12-inch PVC sanitary sewer collection lines. The sanitary sewer collection
lines will begin at southern boundary of Monte Verde At Terra Mar subdivision and will
extend southerly to connect to Master Lift Station 11 on Wooldridge Road as shown on
Exhibit B-1. An 8-inch sanitary sewer collection line will connect Monte Verde at Terra
Mar and Los Arboles at Terra Mar subdivisions; this sanitary sewer collection line is not
reimbursable and will be constructed solely at the developers' expense.
In accordance with the reimbursement criteria in the Platting Ordinance, the 13.870 acre
development of Monte Verde at Terra Mar Unit 1 and the 11.578 acre of Los Arboles at
Terra Mar Unit 1 subdivisions are eligible for a maximum reimbursement equivalent to 50
% of the mathematical product obtained by multiplying the offsite pipe diameter in inches
by the fee value of the property. The fee value of the combine properties is $38,354.00
(Los Arboles 63 lots x $302 = $19,026.00 and Monte Verde 64 lots x $302 = $19,328.00),
and the weighted average pipe diameter in inches is 14.54-inches. Therefore, maximum
reimbursement is ($38,354.00 X 14.54) X.50 = $278,833.58.
The developer has submitted construction costs for the installation of 1,280 linear feet, 15-
inch PVC and 230-linear feet 12-inch PVC sanitary sewer distribution lines with a total cost
of $242,337.25. This amount is less than the maximum reimbursement amount permitted
by Platting Ordinance (See exhibit D) for calculation details. Since the developer has not
paid platting wastewater lot fees totaling $38,354.00 the reimbursement amount due to the
developer is the difference between the cost of installation and non-paid fees or:
$242,337.25 - $38,354.00 = $203,983.25.
Reimbursement would be payable upon completion and acceptance of the sanitary sewer
collection line work with the actual reimbursement to be determined based on the actual
construction cost and not to exceed $203,983.25.
RECOMMENDATION:
presented.
Staff recommends approval of the motion and ordinance as
II Exhibit A II
Page 1 of 1
Walter Jarrin - LAMV-Water-Credit-Reimbursementpdf
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APPLICATION FOR SEWER LINE REIMBURSEMENT
I, Bavbreeze DeveloDmenl. L.P. owner and developer of proposed Los ArOOles at Terra Mar - Unit I and
Monte Verde at Terra Mar - Unit I Subdivision, hereby request reimbursement of $203.983.25 for the installation of the
sewer collection hne in conjunction with Los Arboles at Terra Mar - Unit 1 and Monte Verde at Terra Mar - Unit 1
Subdivision, as provided for by City Ordinance No. 17396. Said $ 203.983.25 is the construction cost, including 7-1/2%
engineering, in excess of the lotJacreage fee, as shown by the cost supporting documents attached herewith.
e~~~tl-
2 -1-/-0J
(Date)
THE STATE OF TEXAS 0
COUNTY OF NUECES 0
This instrument was acknowledged before me onC:<""JI , 2005.
""'~~'~Z""
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DEBBY K. BORRER
No1ory Public, State of Texas
~ Commission ExpIres
Jun. 27, 2005
CERTlFICA TION
The information submitted with this application for reimbursement has been reviewed and determined to be correct.
Reimbursement is subject to:
(a) sufficiency of funds in the Collection/Trunk Line Trust Fund
(b) appropriation and approval by the City Council
/
(Datr~S
Di or of Engineering
( ty Engineer)
EXHIBIT C
APPLICATION FOR SEWER LINE CREDIT
I, Bavbreeze Develooment. L.P. , owner and developer of proposed Los Arboles at Terra Mar - Unit 1
and Monte Verde at Terra Mar - Unit 1 Subdivision, hereby apply for $38.354.00 credit towards the sewer
lot/acreage fee for the collection line extension installed in conjunction with Los Arboles at Terra Mar - Unit] and
Monte Verde at Terra Mar. Unit I Subdivision as provided for by City Ordinance No. 17396. Said $38.354.00 is
the construction cost, including 7-1/2% engineering, as shown by the cost supporting documents attached herewith.
.etA4J--
2 -2/- or--
(Date)
THE STATE OF TEXAS 0
COUNTY OF NUECES 0
This instrument was acknowledged for me on
j -21
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DEBBY K. BORRER
Notary Public, State of Texas
My Commlsslon Expires
June 27, 2005
CERTlFICA TlON
The information submitted with this application has been reviewed and determined
0"
to be correct and a credit for $ 38/3Sf -- is herewith approved.
t'
EXHIBIT C-l
Exhibit C
Cost Calculations - Sanitary Sewer Collection Line
Los Arboles/Monte Verde at Terra Mar - Unit 1
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
NO.
1. 12" SDR 26 PVC SS Main (15-20' Cut) (Crushed 230 LF $ 55.00 $ 12,650.00
Stone Embedment)
2. 15" SDR 26 PVC SS Main (20-25' Cut) (Crushed 1,280 LF $ 60.00 $ 76,800.00
Stone Embedment)
3. 5' Dia. SS Manhole (15-20' Deep) 1 LF $ 8,800.00 $ 8,800.00
4. 5' Dia. SS Manhole (20-25' Deep) 6 LF $ 10,800.00 $ 64.800.00
5. Well Pointino 1,510 LF $ 35.00 $ 52.850.00
6. OSHA Trench Protection (Required for Cuts> 5') 1,510 LF $ 3.00 $ 4,530.00
7. Pavement Reoair (Wooldridoe Road) 1 LS $ 5,000.00 $ 5,000.00
Subtotal Construction Cost $ 225,430.00
Engineering (7.5%) $ 16,907.25
Total Eligible for Credit/Reimbursement $ 242,337.25
Wastewater System Lot Fee - Los Arboles at Terra Mar Unit 1 (634302) $ (19,026.00)
Wastewater System Lot Fee - Monte Verde at Terra Mar Unit 1 (64x$302) $ (19,328.00)
Total Wastewater Credit $ (38,354.00)
Total Wastewater Reimbursement $ 203,983.25
EXHIBIT D
SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Sanitary Sewer Collection Line Extension Construction and Reimbursement
Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a
Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Baybreeze Development, L.P. ("Developer"), of 800 N. Shoreline, Suite 350
Corpus Christi, Texas 78401
WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop
a tract of land, of approximately 13.89 acres called Monte Verde at Terra Mar Unit 1
located on the south side of Holy Road east of the future extension of Ennis Joslin Road
and a tract of land, of approximately 11.578 acres called Los Arboles at Terra Mar Unit
1 located on the south side of Holly Road west of the future extension of Ennis Joslin as
shown on the attached Exhibits 1-A and 1-B.
WHEREAS, the City of Corpus Christi requires the construction of a Sanitary Sewer
Collection Line Extension in order for the developments to have sanitary sewer service;
and
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a Sanitary Sewer Collection Line Extension; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the off-site construction of a Sanitary Sewer Collection Line
Extension; and
WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension
be constructed in connection with the development for service to be provided upon
completion of the development; and
WHEREAS, it is to the best interest of the City and the Developer for the off-site
Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and
location as shown on Exhibit 2.
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the Sanitary Sewer Collection Line Extension needed for
the development in compliance with the City's Platting Ordinance and under the plans
and specifications approved by City Engineer.
EXHIBIT E
2. PLANS AND SPECIFICATIONS
A. The Developer shall contract with a professional engineer, acceptable to the City's
Director of Engineering Services, to prepare plans and specifications for the offsite
Sanitary Sewer Collection Line Extension with the following basic design (refer to
Exhibit 3 - Cost Calculations)
i. Install approximately 1,280 linear-feet of 15 inch PVC pipe.
ii. Install approximately 230 Linear-feet of 12 inch PVC pipe.
iii. Install six (6) manholes, 5 feet in diameter. (20'-25' deep)
iv. Install one (1) manhole, 5 feet diameter (15'-20' deep)
v. Crushed stone embedment for pipe.
vi. Well Pointing
vii. OSHA trench protection (for cuts> 5 feet)
viii. Pavement Repair (Wooldridge Road)
B. Before the Developer starts construction the plans and specification for the Sanitary
Sewer Collection Line must be approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the sanitary sewer trunk Sanitary Sewer Collection Line,
Developer shall acquire and dedicate to the City the any required additional street right-
of-way or utility easements.
4. PLATTING FEES.
Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata
fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the sanitary sewer trunk Sanitary Sewer
Collection Line, under the approved plans and specifications, by April 30, 2006.
6. REIMBURSEMENT
a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed
$203,983.25, for the construction of the Sanitary Sewer Collection Line within 30 days
Page 2 of 4
upon invoicing by the Developer, if the work has been completed and has been
inspected and accepted by the City.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specification and supervision of the construction of the Sanitary Sewer
Collection Line by the professional engineer hired by the Developer. However, the
expenses may not exceed 7.5% of the costs of construction.
7. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the
City, its agents, officers, and employees {"Indemnitees'? from all suits,
actions, or claims and from all liability for any and all injuries or damages
sustained by any person, including without limitation workers
compensation, personal injury or death, arising from or incident to this
Sanitary Sewer Collection Line construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached as Exhibit 4.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
EXECUTED IN DUPLICATE originals, this
DEVELOPER:
'7
day of
/1/0'"1/
,
,2005.
By:
~F~4~
Neill F. Amsler III, Manager
Baybreeze Development, L.P.Owner
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
F. Amsler III, Manager, Hogan Development Compan
Iv 7 ,2005, by Neill
, L.P., as owner/developer.
e
ClUl1SIMO II. MBlfNA
MY COIIIlSSlON EXPIRES
lIu:flt,m
fiJl~ ft. ~
Notary Public, State of Texas
Page 3 of 4
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
Armando Chapa
City Secretary
George K. Noe
City Manager
Approved as to form only .1+1 d ( 1-
, 20Cf'5
~h
Joseph arney ~
Assistant City Attorney
For City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2004, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
Page 4 of 4
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LOS ARBOLES
AT TERRA MAR
UNIT 1
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Exhibit C
Cost Calculations - Sanitary Sewer Collection Line
Los Arboles/Monte Verde at Terra Mar - Unit 1
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
NO.
1. 12" SDR 26 PVC SS Main (15-20' Cut) (Crushed 230 LF $ 55.00 $ 12,650.00
Stone Embedment)
2. 15" SDR 26 PVC SS Main (20-25' Cut) (Crushed 1,280 LF $ 60.00 $ 76,800.00
Stone Embedment)
3. 5' Dia. SS Manhole (15-20' Deep) 1 LF $ 8,800.00 $ 8,800.00
4. 5' Dia. SS Manhole (20-25' Deep) 6 LF $ 10.800.00 $ 64,800.00
5. Well Pointing 1.510 LF $ 35.00 $ 52.850.00
6. OSHA Trench Protection (Required for Cuts> 5') 1.510 LF $ 3.00 $ 4,530.00
7. Pavement Repair (Wooldridge Road) 1 LS $ 5.000.00 $ 5,000.00
Subtotal Construction Cost $ 225,430.00
Engineering (7.5%) $ 16,907.25
Total Eligible for Credit/Reimbursement $ 242,337.25
Wastewater System Lot Fee - Los Arboles at Terra Mar Unit 1 (63x$302) $ (19,026.00)
Wastewater System Lot Fee - Monte Verde at Terra Mar Unit 1 (64x$302) $ (19,328.00)
Total Wastewater Credit $ (38,354.00)
Total Wastewater Reimbursement $ 203,983.25
EXHIBIT 3
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City .of Corpus Christi. .ordinance 17112. as a~nded. requires all persans .or firms seeking te da business with the City to
praVlde the following Informatlan. Every question must be answered If the questian is nat applicable, answer with "NA".
FIRST NAME: BAYBREEZE DEVELOPMENT, L.P.
STREET: 800 N" SHORELINE, SUITE 350 CITY: CORPUS CHRISTI ZIP:
FIRM IS: []1. Corporatian ~. Partnership 03 Sole Owner 04. Association 05. Other
78401
DISCLOSURE QUESTIONS
If additianal space is necessary. please use the reverse side .of this page .or attach separate sheet.
1. State the names .of each "employee" .of the City .of Corpus Christi having an "ownership Interest" constituting 3%
.or more .of the .ownership in the above named '"firm'.
Name
p
Job Title and City Department (if known)
2. State the names .of each "official" .of the City .of Corpus Christi having an "ownership interest" constituting 3% .or
more .of the ownership in the above named '"firm".
Name
TIUe
AlII-
3. State the names .of each "board member" .of the City of CO<pUs Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm'.
NEILL F. AMSLER, III
Baard. C<>mmissian. or C<>mmittee
PLANNING COMMISSION
Name
4. State the names .of each emplayee or officer of a "consultant" for the City .of C<>rpus Christi wha worked on any
matter related ta the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "firm".
Name
C<>nsultant
Aj#
CERTIFICATE
I certify that all information provided is true and correct as .of the date of this statement. that I have nat. knowingly withheld
disdasure .of any information requested; and that supplemental statements will be promptly submitted to the City .01
C<>rpus Christi, Texas as changes occur.
Ce 'fy' P NEILL F. AMSLER III
rtJ Ing ersan:
(Typeorprint~ )l)/F~ /
Signature .of Certifying Person: ~ i? ~.#--
Title:
MANAGER
Date:
;; - '}.f- t) J
EXHIBIT 4
AN ORDINANCE
APPROPRIATING $242,337.25 FROM THE SANITARY SEWER
COLLECTION LINE TRUST FUND NO. 4220-540450 TO PAY
BAYBREEZE DEVELOPMENT, L.P., FOR THE INSTALLATION
OF 1,280 LINEAR FEET OF A 15-INCH PVC AND 230 LINEAR
FEET OF A 12 INCH PVC SANITARY SEWER COLLECTION
LINES AS SPECIFIED IN THE SANITARY SEWER
CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO
DEVELOP MONTE VERDE AT TERRA MAR UNIT 1
SUBDIVISION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $242,337.25 from the Sanitary Sewer Collection Line Trust
Fund No. 4220-540450 is appropriated to pay Baybreeze Development, L.P.'s
reimbursement request for the installation of 1,280 linear feet of a 15-inch PVC
and 230 linear feet of a 12-inch PVC sanitary sewer collection lines as specified
in the Sanitary Sewer Construction and Reimbursement Agreement.
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 12th day
of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
By:
Ard 1-
Jose~rie~/
Assistant City Attorney
For City Attorney
,2005.
APPROVED
Ord-appr-MnVrd- TM-ss
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: I /We , therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Ord-appr-MnVrd-TM-ss
7
AGENDA MEMORANDUM
April 12, 2005
AGENDA ITEM:
a. Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Shaws Development Joint Venture, owner and
developer, for Northwest Crossing Subdivision Units 1, 2, 3, and 4. The installation of a
Master Plan Lift Station with 12 foot diameter wet well and 10,000 linear feet of 12-inch
Force Main, easement acquisition and related appurtenances; and
b. Ordinance appropriating the encumbrance of $1,270,000 in the Sanitary Sewer Trunk
System Trust Fund No. 4220 to pay Shaws Development Joint Venture, for the installation of
a Master Lift Station with 12 foot diameter wet well and 10,000 linear feet of 12-inch Force
Main, easement acquisition and related appurtenances for the Northwest Crossing Service
Area, located west of Rand Morgan Road and south of Leopard Street; and declaring an
emergency.
ISSUES: Shaws Development Joint Venture will start the design and construction of the lift
station, force main, easement acquisition and related appurtenances to serve the expansion of the
Northwest Crossing Service Area west of Rand Morgan Road (F.M. 2292) and south of Leopard
Street upon City Council approval of the Sanitary Sewer Trunk Force Main and Lift Station
Construction and Reimbursement Agreement and encumbrance of funds to pay for said installation
from the Sanitary Sewer Trunk System Trust Fund
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
~~
BA Holly, A.1. P.
Director of Development Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Schematic Layout of Lift Station and Force Main
Preliminary Cost Estimates
Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The existing Northwest Crossing Subdivision Units 1-4 includes a total of
232 lots and the Tuloso Middle School now served by a temporary lift station constructed
and maintained by the developer. The temporary lift station pumps the sanitary sewer flow
to an adjacent gravity system that is limited in capacity. The developer is limited in the
expansion of additional residential development until an increase in sanitary sewer capacity
is constructed. (See Exhibit B-Location Map).
Shaws Development Joint Venture, owner and developer of Northwest Crossing
Subdivision has submitted the preliminary Design Memorandum to document the design
basis of the proposed Master Plan lift station and force main. The design basis is
consistent with the Allison Wastewater Master Plan adopted September 28, 2004. The
Master Plan lift station will meet a design flow of 2.72 Million Gallons per Day (MGD) for
Master Plan Subbasin 26-E-1 with a service area of 583 acres to flow to the existing 36-
inch Turkey creek trunk main (see Exhibit C-Schematic Layout of Master Lift Station
and Force Main).
The Platting Ordinance amendment by Ordinance No. 025424 approved August 19, 2003
requires the approval of an Infrastructure Trust Fund Agreement by the City Council prior
the developer start of construction.
The total preliminary cost estimate submitted by the developer for the installation of the lift
station with 12 foot diameter wet well and 10,000 linear feet of 12-inch force main and
appurtenances including easement acquisition and 7.5% engineering cost is not to exceed
$1,270,000.00. The Preliminary Cost Estimate is attached. (Exhibit D - Preliminary Cost
Estimate).
Reimbursement provisions for installation of lift stations and trunk force mains from the
Sanitary Sewer Trunk System Trust Funds were established by Ordinance No. 025424, in
August 19, 2003.
The design and construction of the Master Plan Lift Station and Force Main is estimated to
be completed within a two year period. The developer has opted to finance the total
construction cost and to be reimbursed upon completion and acceptance by the City.
~ Exhibit A II
Page 1 of 1
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LOCATIO~ MAP
JOB NO. 2I>404.l.Z.DO
DATI:: """It 200.
EXHIBIT B
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EXHIBIT C
AREA MAP
SCALE: NOT' TO SCALE
JOB NO. 20404.lS.00
EXHIBIT C
EXHIBIT "D"
PROJECT: NORTHWEST CROSSING UFT ST A nON
DATE: 9/17/04
.-- -------------------------
JOB N0.20404A4.0S
It':Ill:
Dcscnptil)J1
:Quantity Unit
--. I ---------
U mt Price I Total Amount
.___ ~=-==___~-:L1FT STA TION ~l1!'~IC)T AI,. ._.~.~_. J::-T---
I I'
+--u ____ ----. .-----... -~ ___n~ I"
C !MISCELLANEOUS '
_1 tp~lIutio~ P;~~ntion Planllems ..-i--__l__1 L-,,~ $25'(10():()0 L $25,00000
2 !9cner~_c~nd'ti:n~IBOndsnnsurancel I. r_L~t7's(x)oo 1~50O'OO
__~_S\JB-TOTAL: __+-J__ i $52,SOO.00
,m_ CONST-IiucfIDN-SUB-TOTAL: . ---+----.,- I 5968,500.00
~- 1
.+__~._ _____.L__
,
-----r 5184,062.50
---c-' -r ---
_m - TSI.l52,Sd250
1--' .
1
____ cONTI~gEI'<C!ES@+/-I()";Oi. ___'::[__L--- i $117,437.50
I
1---
.;_~1,270.00000
_u_ __
!\ SANITARY SEWER FORCE M,\IN
I : ConnectIOn to MJ-l
2 . 12" DR-IS PVC
1.---- .._~_
:; : 90 D~~~ J]hO\\ _
41l.~hah bLsting MIL_
S. S. FORCE !\1AIN SUB-TOTAL
B LIFT STATION
-\ ! 12'-Dia FJh~gla~~.\,/ct\vcIlL26' rJeep2.__--,--1
21'.owcr Supply (OIf-SHe) _____...L_I
.3 ,Well Pointing!De\\'~tenn!,. _____ __, I
4 i Concrete Access Drive and ^ppurtanccs i I
1---- - ----.. ___n__________" ----
5 I Security Fencing 200
1-- - - . --
. 6- IOSHA Trencll ProtectIOn ... _ _____ .___-+. I
_J_ ! Re~ov~ E~i~~IemP:l!~ Stati(~_ _____ _ ~ _ 1
S 5' Dla. Manhole I
() -iSCADA -- ----------------- 1
u_ _ ---i-
__----L--________ _ _._____________-----1-___
D I ENGINEERING AND ADMINISTRATION I
-- !C-.. .... _____.____._______________.L.
J. !Engineering (gl, 7.~~_
2 I Geotechnical Report
--+--
3 L<;onstruction Surveying ({~', 3~/o
4 i~_?n~~ruct~?~~_'~~_~~trati??_~,:_?% ___ _ _____
--'"~__~d ^cqui~i!i~~~'je_r~~~nts
h i Surveying and l~asemcnt Recording
1-'-- _u_ -------------------------
ENG. AND ADMIN. SUB-TOTAL
-
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GRAND TOTAL
,
+-.
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URBAN ENGINEERING
.----T
1_ __.l'~_c.!5,OOOOO I $5,000.00
10.000 LF $50.00 $SOO,OOO.OO
(, I EA:~ $50000 1 $3,OOO()()-
j~"'-I_$,~OOOOO ~ilQ;()o--
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1 LS I$:iis.ooooo l $225.0()()00 -
-; IS ! $30,00000 -1 - $30,0000Cl_
. I LS. $20.000.00 i $20,000.00
l~s +~5Q,90000j' $50.000.00
,. LF .. $5000 _ SIO,OOO.OO
1 LS '$10.000.00 $10,00000
,----
LS 1$10,000.00 SIO,OOO.OO
, LS I $15,000.00 $ I 5.000.00
1--- --!-
, LS : $30,000.00 $30.000.00
r--------r-----
$400,000.00
i
,. ,---.---.+- .-.
I . LS '$72,637.50~72,637.50
.. --ic-'-+--- -----
_1___; LS , $3.000.00. $3.000.00_
I . LS ,$29.05S00 $29,055.00
I TTs-T$I9,37000 $19.370.00
I I LS '$50:()OO.00 I $50.000.00
-.----c-. ,....... -I
_1_ __';~:>'I(),OO~lt)S)_L $jO,OOO.OO
I, i
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------~--
i--
2725 SWANTNER CC, TX 78404
EXHIBIT D
SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement ("Agreement") is entered into between the City of Corpus
Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus
Christi, Texas, 78469-9277, and Shaws Development Joint Venture ("Developer"), 101
N. Shoreline Drive, Suite 600, Corpus Christi, Texas 78401
WHEREAS, the City's Wastewater Collection System Master Plan - Allison Service Area
adopted September 28, 2004 requires the construction of a Lift Station and Force Main
to serve Master Plan Subbasin 26-E1 with a service area of 583 acres and that the
proposed Lift Station and Force Main design submitted by Shaws Development Joint
Venture (Exhibit 1- Executive Summary of Design Memorandum) is consistent with
the Allison Wastewater Master Plan; and
WHEREAS, it is to the best interest of the City and the Developer for the Lift Station
with a design flow of 2.72 Million Gallons per Day (MGD) and 10,000 linear feet of 12-
inch Force Main be constructed in its permanent sizing and location as specified in the
Wastewater Collection System Master Plan-Allison Service Area to serve Subbasin 26-
E-1; and
WHEREAS, it is essential that the Lift Station and Sanitary Sewer Force Main be
constructed in connection with the Northwest Crossing Units 1,2,3 and 4 Subdivision
development for service to be provided upon completion of the Northwest Crossing Unit
4 Subdivision, (Exhibit 2).
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the Lift Station and Sanitary Sewer Force Main in
compliance with the City's Wastewater Collection System Master Plan-Allison Service
Area under the plans and specifications approved by City Engineer.
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the City's
Director of Engineering Services, to prepare plans and specifications for the
construction of Lift Station and Force Main as shown in the attached schematic Layout
of lift station and force main, (Exhibit 3), with the following basic design:
EXHIBIT E
(A) LIFT STATION:
(a) The lift station will be constructed approximately 250-feet south of the Northwest
Crossing Unit 4 and 1 ,900-feet west of Rand Morgan Road adjacent to the future
extension of McNorton Road.
(b) Lift Station structure designed for ultimate capacity of 2.72 MGD.
(c) Pump installation and design, as part of this Agreement shall be:
(i) Triple operation with three (3) 30HP pumps rated at 930 GPM.
(d) A force main under this Agreement in conjunction with the lift station. The force main
will begin at the new lift station and end connecting to the existing 36-inch Turkey Creek
trunk main.
(e) The plans and specifications for the Lift Station must comply with 30 TAC Chapter
317.
(B) SANITARY SEWER TRUNK FORCE MAIN
(a) Install approximately 10,000 linear feet of 12-inch sanitary sewer trunk force main.
(b) The force main will begin at the new Northwest Crossing lift station, described in
Section 2.a. (1) of this Agreement and end tying to the existing 36-inch Turkey Creek
trunk main.
@ Design of the Force Main will follow criteria established by TCEQ in TAC 30, Chapter
290.
(d) Before the Developer starts construction, plans and specifications for the Lift Station
and Sanitary Sewer Trunk Force Main, must be approved by the City's Director of
Engineering Services.
3. SITE IMPROVEMENTS
a. Prior to construction of the Lift Station and Sanitary Sewer Trunk Force Main,
Developer shall acquire and dedicate to the City the required additional street right-of-
way or utility easements.
4. PLATTING FEES.
Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata
fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
a. Developer shall award a contract and complete the construction of the Lift Station
and Sanitary Sewer Trunk Force Main, under the approved plans and specifications, by
April 30, 2007.
6. REIMBURSEMENT
a. The City will reimburse the Developer 100% of the reasonable cost of the Lift Station
and Sanitary Sewer Trunk Force Main, not to exceed $1,270,000.00, within 30 days
upon invoicing by the Developer, if the work has been completed and has been
inspected and accepted by the City. The City agrees to conduct periodic inspections of
the progress of the work at key points during construction. See attached cost estimate,
(Exhibit 4)
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specification and supervision of the construction of the Lift Station and
Sanitary Sewer Trunk Force Main by the professional engineer hired by the Developer.
However, the expenses may not exceed 7.5% of the costs of construction of the Lift
Station and Sanitary Sewer Trunk Force Main.
7. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the
City, its agents, officers, and employees ("Indemnitees") from all
suits, actions, or claims and from all liability for any and all injuries or
damages sustained by any person, including without limitation
workers compensation, personal injury or death, arising from or
incident to this [INFRASTRUCTURE] construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No.
17112, to complete, as part of this Agreement, the Disclosure of Ownership interests
form attached hereto as (Exhibit 5).
9. This agreement becomes effective and is binding upon and shall insure to the benefit of
the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
EXECUTED IN DUPLICATE originals, this 24m day of ~Ot-
DEVELOPER:
By:
J n Wallace, Vice President
Shaws Development Joint Venture
101 N. Shoreline Drive, Suite 600
Corpus Christi, Texas 78401
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on r<\AfZC.l.l. Z4ih
Wallace, Vice President, Shaws Development Joint Venture.
~
Nota Public, St~e of Texas
,2005.
, 2005, by John
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
Armando Chapa
City Secretary
George K. Noe
City Manager
APPROVED: ~ day of
.l\--r{
,2005
~h-
Joseph H rney 0
Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2005, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
EXECUTIVE SUMMARY
Shaws Development Joint Venture (Owner) herewith submits for review and
approval a Wastewater Master Plan reimbursement request. The Owner requests a
contract (Option 1) for reimbursement of these improvements In accordance witfJ
the City Platting Ordinance 025424.
The Wastewater Collection System Master Plan - Allison Service Area ~s adopted
by Ordinance No. 025976, Sept. 28, 2004, is the current plan in place for the
subject area. The area specifically addressed in this design memorandum
encompasses the Northwest Crossing Subdivision. This area Is generally bound
by Rand Morgan Road to the east, Leopard Road to the north, McKenzie Road to
the west and McNorton Road to the south.
Sanitary sewer service for the Northwest Crossing Subdivision is currently
provided via a temporary lift station constructed by the Owner. This lift station
pumps through a force main to a gravity line In McNorton Road which drains to the
eJ(isting Clarkwooc! lift station and ultimately to the Turkey Creek 36" sanitary
sewer trunk main and Allison Treatment Plant
The proposed project consists of constructing the Northwest Crossing (Stage 1)
lift station and new force main. The project, as proposed, is In conformance with
the current Master Plan.
DeSign of the force main will follow criteria established by TCEQ In TAC 30
chJrer 290. Material for the force main line will be PVC DR 18. Pipe embedment
and trench backfill will conform to applicable City of Corpus Christi standards.
Design of the lift station will follow criteria established by TCEQ In T A C 30 Chapter
3171 and will conform to the City of Corpus Christi standards for lift station
construction. A basis of design Including size, capacity and pumps Is Included In
Section IV of this Design Memorandum.
ES-1
EXHIBIT 1
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EXHIBIT 2
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EXHIBIT
AREA MAP
EXHIBIT 3 I
I
Joe NO. 20404.L$.OO
EXHIBIT "I)"
l PR()JECT: N()~TIIWESI~'R().5SIN~ LIFT STATION ,_I)Ar~_~/17 /04
, .lOR NO.20404A405
------- - ---=__=; ~==--- I
'Quantity Umt Unit Price ! Total Amountl
i
I LS $5.000.00 j' $5.000.00
-+-----~~--
10,000 ! LF $50.00 i $500_000.00
, 6 i EA: $50000-i $3,00000
__ _C ~~-^== _$~.OOO 00 I $800000
!
,
-,--- -
____------L ---i---
i _______
I $516,00000
+ .
. n__~__ 1________
B ,LIFT STATION_________..L__ '
1_112~D'a Fiberglass Wet Well (26' Deep) . I ! LS liiis,oooooj_ $225,000.00
2 iPower Supply (OneSlte) . _____-'--___----1.__.1._1 LS ! $30,00000-+ $30,000.00
_..2. jWell PointinglDewatenngn______ __ _ j _ ~J......LJ:S ! $20,OOO,OO! $20,000,00
_ 4$oncrete Access Dnye and AppUl1ances i. I ! LS '$50'00.0~t $50,000.00
5 !Security' Fencing : 200 ! I.F i $50.00 $10,000,00
6 [QSHA T~ench Protection . ____ __ i-I -1 LS 1$10,00000 $10.000:00
7 ~emoveExis(TempLiXt5taYol1_______j_l ! LS 1$10,00000 i $10,000.00
8 is' Dia. Manhole . I i LS ! $15.000.00 I $15,000,00
__9 iSe_ADA~______ -===:---'. .J..~"-! $30,oooo,Q,,1 $30.000,00
! : : i T
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--+- I l-
e IMISeEL~ANEOUS !,-(
I ,Pollution Prevntion Plan items ;! LS i $25,000.00 I
2 iGeneral Condition~~2:.~~~Elsurance ______~J. LS J,_ ~_?~)OO_OO I
;
I
, $52,500,00
]t~m:
DescriptIon
'A !SANIT6Ry SE'f'ERFORQ[~l.t\~~=--
_~~~!_?n to tv1Ii_
_2 ]12.':.Q_R-lspve
'..120 Degr_eeElhO\'-________ ..._ _____
4.Jr<chab E~i-,tmg M11......
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------+---~--
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-----+----.
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--+----
MISe. SUB-TOTAL!
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CONSTRUCTION SUB- TqT A!-:.! _
'D IENGlNEERING AND ADMINISTRA TrON
1TEnginee.~_ng @! 7.5% ._"~---==~~,_ _
2 i Geotechnical Report
3 i Construction S~rvcying /ii;~ 3.o/;--------~-
4 i Construction Administration -'9', 2%
1.__J~~Il'i._Acquisition/EaselTlcnt~ _
6 i Surveymg and Easement Recording
- - ----i___
I i LS ! $72.63750 I
'1': LS+ $3,00000
I ! LS 1 $29,05:;,00
l----r- I.S . $19,370.00
- - -_._--~--,--- .
l.iJ-,s, $.5.9,00000
I . l.S ' $10.000.00
ENG, AND ADMIN. SUB-TOTAL'
-i--
! 5184,062.50
,u~-=-J-
i
i $117.437.50
--+ .
!
---r-S;1270000110'
, .
,
,
-,------------------------
SUB-TOTAL'
------------..-.".. --._._----'--- -- -_.._--;---------:---:-
CONTINC,ENCIES (<!) +/- 10%'
I
,
~
_j_ __________m_____
. ,
-------------------,
,
GRAND TOTAL:
URBAN ENGINEERING
2725 SWANTNER CC, TX 78404
$400,000.00
$25,000,00
$27,50lY.00
!
,
,
i
-J
i
5968,500.00
$72,637.50
$3,000,00
$29,055.00
$19.370.00
$50,000..00
$10,000.00
i $LI52,56250
EXHIBIT 4
~~
ell\ oj
Corpw:
ChnS11
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or fInns seeking to do business with the
City to provide the following infonnatiOll. Every questIOn must De answered. If the question is not applicable,
answer with -NA-. See reverse side for definitions.
COMPANY NAME: SHAWS DEVELOPMENT JOINT VENTURE
P. O. BOX:
STREET: 101 N. SHORELINE, STE. 600 CITY: CORPUS CHRISTI
FIRM IS:
L
4.
Corporation ( )
Association ( )
2.
5.
Partnership (X )
Other ( )
3. Sole Owner
ZIP: 78401
( )
DISCLOSURE OUESTlONS
If additional space is necessary, please use the reverse side oTthis page or attach separate sheet.
]. State the names of each -employee- of the City of Corpus Christi having an -ownership interest- constiMing 3%
or more of the ownership in the above named -finn.-
Name
Job Title and City Department (if known)
N/A
2. State the names of each -officia~ of the City of Corpus Christi having an -ownership interest- constituting 3% or
more of the ownership in the above named -firm.-
Name
Title
N/A
3. State the names of each -board member of the City of Corpus Christi having an -ownership interest-
constiMing 3% or more of the ownership in the above named -firm.-
Name
Board, Commission, or Committee
N/A
4. State the names of each employee or officer of a -consultant- for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an -ownership interest- constituting 3% or more of the
ownership in the above named .finn..
Consultant
N/A
CERTIFICATE
I certifY that all infonnation l'rovided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure 0 any infonnation requested; and that supplemental statements will be promptly
submitted to the City of Corpus Christi, Texas as changes occur.
CertifYing Person: John Wallace J Title: Vice President
o. n
Signature of CertifYing Person:
Date: ,1f 7/05>
EXHIBIT 5
AN ORDINANCE
APPROPRIATING $1,270,000.00 FROM THE SANITARY SEWER
TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY SHAWS
DEVELOPMENT JOINT VENTURE FOR THE INSTALLATION OF
A MASTER LIFT STATION WITH 12 FOOT DIAMETER WET
WELL AND 10,000 LINEAR FEET OF 12-INCH FORCE MAIN,
EASEMENT ACQUISITION, AND RELATED APPURTENANCES
FOR THE NORTHWEST CROSSING SERVICE AREA LOCATED
WEST OF RAND MORGAN ROAD AND SOUTH OF LEOPARD
STREET; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $1,200,000.00 from the Sanitary Sewer Trunk System Trust
Fund No. 4220 is appropriated to pay Shaws Development Joint Venture's
reimbursement request for the installation of a master lift station with 12 foot
diameter wet well and 10,000 linear feet of 12 inch force main line, easement
acquisition, and related appurtenances for the Northwest Crossing Service Area
located west of Rand Morgan Road and south of Leopard Street, as specified in
the Sanitary Sewer Construction and Reimbursement Agreement.
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 12th day
of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
By:
4pi/{! 1-
Josep~eh
Assistant City Attorney
For City Attorney
,2005.
APPROVED
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: IlWe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
8
CITY COUNCIL
AGENDA MEMORANDUM
April 12, 2005
AGENDA ITEM: Ordinance abandoning and vacating a 797 -square foot portion of a 1 a-
foot wide utility easement in Lot 3, Block 5, Country Estates Unit 11, located approximately
530-feet east of US 77, and 2,000-feet south of Hearn Road; requiring the owner, Coastal
Builders of Texas, to comply with the specified conditions; and declaring an emergency.
ISSUE: The closure of the utility easement is proposed to correct an encroachment from a
residential structure that was constructed over a portion of the easement.
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 the 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.
1m\bo 1 k
BA Holly, ICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Vicinity Map
Exhibit D - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Sample Engineering, on behalf of Coastal Builders of Texas, is requesting the
abandonment and vacation of a 797 -square foot portion of a 1 a-foot wide utility easement
out of Lot 3, Block 5, Country Estates Unit 11, in order to correct an encroachm~nt into the
easement when the house was built. Country Estates Unit 11, is located approximately
530-feet east of US 77, and 2,000-feet south of Hearn Road. The easement to be
abandoned and vacated is located in an "R-1C" One Family Dwelling District.
All public and franchised utilities were contacted regarding the vacating and abandonment
of the utility easement. SBC has a pedestal and underground cable in the utility easement
that will have to be relocated at owner's expense. AEP, had no objections, but will seek
reimbursement to have an electrical box relocated at owner's expense. None of the other
city departments and franchised utility companies had any facilities within the easement or
any objections to the easement being vacated and abandoned.
Staff recommends payment of the fair market value of $ 640.00 for the abandonment and
vacation of a 797 -square foot portion of the 1 a-foot wide utility easement. The owner has
been advised of and concurs with the conditions of the easement abandonment and
vacation.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: March 30, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Aoril12,2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 797 -square foot portion of a 1 O-foot wide utility easement in
Lot 3, Block 5, Country Estates Unit 11, located approximately 530-feet east of US 77, and 2,000-
feet south of Hearn Road; requiring the owner, Coastal Builders of Texas, to comply with the
specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 49, Pages 175-176, of the Map Records of Nueces County,
Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) That the Owner pay the fair market value fee of $ 640.00 for the abandonment and
vacation of the total 797 -square foot portion of the 1 O-foot wide utility easement.
2) SBC has existing utilities within the portion of utility easement being abandoned and
vacated and will have to relocate its utilities at owner's expense.
3) AEP has an electrical box within the portion of utility easement being abandoned and
vacated and will have to relocate its facilities at owner's expense.
4) Upon approval from Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real property Map Records of
Nueces County, Texas, in which the property is located. Prior to Building Permit
approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
B.A. HolI AICP, Director of Development Services
DATE: +l-~
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 797-SQUARE FOOT PORTION OF A
10-FOOT WIDE UTILITY EASEMENT IN LOT 3, BLOCK 5, COUNTRY
ESTATES UNIT 11, LOCATED APPROXIMATELY 530 FEET EAST OF
US 77 AND 2,000 FEET SOUTH OF HEARN ROAD; REQUIRING THE
OWNER, COASTAL BUILDERS OF TEXAS, TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is 797 -square foot portion of a 1 a-foot wide utility easement in Lot 3,
Block 5, Country Estates Unit 11, located approximately 530 feet east of US 77 and
2,000 feet south of Hearn Road, as recorded in Volume 49, Pages 175-176, Map
Records Nueces County, Texas, that the owner, Coastal Builders of Texas, (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 797 -square foot portion of a 10-foot wide utility easement in Lot
3, Block 5, Country Estates Unit 11, as recorded in Volume 49, Pages 175-176, Map
Records Nueces County, Texas is abandoned and vacated for public use as utility
easement, subject to Owner's compliance with the following specified conditions as part
of the abandonment and vacation:
1. That the Owner pay the fair market value fee of $640 for the abandonment and
vacation of the total 797 square foot portion of the 10 foot wide utility easement.
2. SBC has existing utilities within the portion of utility easement being abandoned
and vacated and will have to relocate its utilities at owner's expense.
3. AEP has an electrical box within the portion of utility easement being abandoned
and vacated and will have to relocate its facilities at owner's expense.
4. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
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
H:ILEG-D1RIJosephIORD-CotryEstll-av.doc
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 12th day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved
~/1-
,2005
By: ~ I~
Joseph H ney
Assistant City Attorney
For City Attorney
H :\LEG-DIRVoseph\ORD-CotryEst ll-av.doc
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IlWe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\I.EG-DIRVoseph\ORD-CotryEstll-av.doc
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EXHIBIT C
EASEMENT CLOSURE
LOT 3, BLOCK 5
COUNTRY ESTATES, UNIT 11
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SITE
LOCATION MAP
EASEMENT CLOSURE
LOT 3, BLOCK 5
COUNTRY ESTATES, UNIT 11
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EXHIBIT C
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 12, 2005
AGENDA ITEM: An ordinance authorizing the City Manager, or his designee, to execute a
ten-year pier lease agreement (with ten year renewal at City Manager's, or designee's,
discretion) with Padre Island Yacht Club for pier and clubhouse at Whitecap Wastewater
Treatment Plant (superseding 1995 pier lease): providing for severance; and providing for
publication.
ISSUE: Padre Island Yacht Club has requested a renewal of their lease so that they may
continue providing a yacht club and programs for the boating community on Padre Island.
BOARD/COMMISSION REVIEW: The lease has been presented to the Watershore
Advisory Committee and there were no objections from the members concerning the
lease's renewal.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a ten-year lease
with a ten-year extension option with Padre Island Yacht Club in August 1995.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the renewal of the lease with Padre Island Yacht Club.
Sally G lik, Director
Parks a d Recreation Department
Attachments:
Background Information
H:\PR-DIR\SHARED'AGENDA ITEMS\Council Meetings\2005\04-12-05\Padre Island Yacht Club. DOC
BACKGROUND INFORMATION
The Padre Island Yacht Club (PIYC) is a small sailing organization on Padre Island that
has been using 2.55 acres of City property on Whitecap Boulevard in the Padre Isles
development. They constructed piers and a clubhouse for their members' use. The site is
parallel to one of the canals in the subdivision and is adjacent to the Whitecap Wastewater
Treatment Plant property. The upland area is 100 ft. wide by 795 ft. long and the
submerged land is 40 ft. wide by 795 ft. long. The City owns both the upland and
submerged land to be leased (see attached map.) The benefits of PIYC utilizing the
property are that the City will be able to buffer the treatment plant from the property owners
across the canal. The Club has installed landscaping and the improvements screen the
wastewater plant at no cost to the City. Because of the configuration of the site and the
need to screen the plant, the lease for boating facility purposes is one of the few uses for
this property.
The rental rate is 10% of gross revenues or $2,000 annually, whichever is greater from
reoccurring monthly assessments and slip rentals.
H:IPR.DIRISHAREDIAGENDA ITEMSICouncil Meetings\2005104.12.05IPadre Island Yacht Club.DOC
Page 1 of 2
AN ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A TEN
YEAR PIER LEASE AGREEMENT (WITH TEN YEAR RENEWAL AT
CITY MANAGER'S, OR DESIGNEE'S, DISCRETION) WITH PADRE
ISLAND YACHT CLUB FOR PIER AND CLUBHOUSE AT WHITECAP
WASTEWATER TREATMENT PLANT (SUPERSEDING 1995 PIER
LEASE); PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a ten year Pier
Lease Agreement (with a ten year renewal at the discretion of City Manager, or
designee) with Padre Island Yacht Club for Pier and Clubhouse at Whitecap
Wastewater Treatment Plant (superseding 1995 Pier Lease). The Lease Agreement is
attached as Exhibit A and a copy is on file with the City Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement
begins on the 61st day after City Council adoption of this ordinance on second and final
reading and will have a term of ten (10) years; and the second and final reading of this
ordinance is at least twenty eight (28) days after the first reading. Each reading was
done at a regular meeting of the City Council.
SECTION 3. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of cornpetent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:ILE G-OI RIOoyleIMYOOCS\2003.05IPARK&REC.271Lease&Us.eAgreemM31 0050C.Padrelsl. Yacht.Club.Extend.1 Oyr.Lease.Ord.doc
Page 2 of 2
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:
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
John E. Marez
Jesse Noyola
Jerry Garcia
Mark Scott
William Kelly
The foregoing ordinance was read for the second time and passed finally on this the
day of , 2005, by the following vote:
Henry Garrett
Brent Chesney
Rex A. Kinninson
John E. Marez
Melody Cooper
Jesse Noyola
Mark Scott
Jerry Garcia
William Kelly
PASSED AND APPROVED on the _ day of
ATTEST:
,2005.
Henry Garrett, Mayor
The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM 8 April 2005
i:/k~ N~!t~lt, (,~; iIi7'~7
Doyl . Cu s (;
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:\LEG-DIR\0IgaR\Doyle\Ordinance\04080SDC.Padrelsl. Y acht.Club. Extend.1 Oyr.Lease.Ord .doc
Page 1 of 14
2005 AMENDED PIER LEASE
RENEWING, EXTENDING & SUPERSEDING
1995 PIER LEASE BETWEEN THE CITY OF CORPUS CHRISTI
AND
PADRE ISLAND YACHT CLUB
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
WHEREAS, the City of Corpus Christi, a Texas home-rule municipal corporation,
("City") owns certain submerged and upland real estate adjacent to the Padre Island
Wastewater Treatment Plant ("Whitecap Plant"); and
WHEREAS, the Padre Island Yacht Club, a Texas nonprofit corporation, ("Club")
desires to lease certain property from City and to construct certain piers.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, City, acting by its duly authorized City Manager, or designee, ("City
Manager") and Club agree as follows:
1. Premises. City hereby leases to Club a 40 foot wide by 795 foot long portion
of submerged land adjacent to the Whitecap Plant, as described by metes and bounds
on the attached and incorporated Exhibit A; further, City hereby leases to Club an
adjacent strip of upland 100 feet wide by 795 long, as shown on Exhibit A, for a total
leased area of 2.55 acres, collectively called "Premises." Club recognizes that the
Whitecap Wastewater Treatment Plant treats wastewater and that there are certain
unavoidable odors associated with treating wastewater. City shall have no
responsibility to Club for air freshness.
H:\LEG~DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031 005DC.Padrelsl. YachtClub.2005.Extend.1995.Pier.lease.doc
Page 2 of 14
3. Rental Payments. Club agrees to pay ten percent (10%) of all gross income or
$2000 annually, whichever is greater, from reoccurring monthly assessments and slip
rentals, in advance on or before the tenth (10111) of each month, beginning with the first
month after completion of the first phase of construction of the Improvements or within
24 months after the beginning date of the 1995 Lease, whichever is sooner.
Club shall keep records of the monthly dues and slip rent received. Club records of
monthly dues and rent received shall be open to City Manager's designated
representative during Club's business hours. These records shall be retained for five
(5) years after expiration or other termination of This Lease.
H:\LEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\lease&Us.eAgreemt\O31 005DC.PadrelsL Yacht.Club.2005.Extend.1995.Pier.lease.doc
Page 3 of 14
4. Improvements. All facilities' design shall conform to City's Building Code, and
any and all limitations in this lease, and must have prior written approval by the Padre
Isles Property Owners Association Architectural Review Committee. Before start of
construction Club shall submit plans and specifications for fixed in place or floating
piers, and all necessary support structures for all piers that Club desires to construct
initially, to City Engineer, or his designee, ("City Engineer") for his written approval or
provide written exceptions thereto, which exceptions shall be considered and the plans
and specifications resubmitted until written approval is obtained from City Engineer.
Original construction shall be limited to slip construction, clubhouse, parking,
fencing, lighting, landscaping, and other directly related improvements that receive the
prior written approval of City Manager. The clubhouse and all buildings shall be built in
a manner so that relocation or removal time is minimized. The clubhouse is limited to
one residential type kitchen with related appliances, meeting space, office space,
restrooms, and storage. All facilities, including but not limited to piers, support
structures, slips, buildings, clubhouse, parking, fencing, lighting, landscaping, and any
other irnprovements, are collectively called the "Improvements."
No Improvement shall be installed unless the improvement and related plans and
specifications have been approved in advance by City Manager and City Engineer.
Each improvement shall be inspected during and after installation.
Club shall obtain all necessary permits and comply with all federal, state, and local
laws and regulations with respect to construction of and repairs to the Pier and
Improvements; provided, however, any application to the Corps of Engineers ("Corps"),
H:\LEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\lease&Us_eAgreemt\0310OSDC.PadretsL Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 4 of 14
whether made in the name of City or Club, shall be submitted to City for its approval
before submission to the Corps, which approval will not be unreasonably withheld, and
all related expenses shall be paid for by Club.
The Pier construction shall be commenced within 90 days after City and Club
approve the plans and specifications for said phase of construction. Plans and
specifications for repairs shall also be approved by City Engineer and begun within 90
days after written approval. Each phase of construction shall be completed within 24
months after commencement of that phase of construction, subject to delays caused by
Acts of God, war, civil commotion, strike, governmental regulations or control, or other
causes outside Club's control.
Once Club has obtained City Engineer's written approval of the plans and
specifications, Club may either construct the Piers and other Improvements with the
labor and materials being supplied by Club members, or volunteers, or shall bid out
construction and materials. If any construction work is to be performed by or materials
to be supplied by other than Club members or volunteers, Club shall receive bids from
a minimum of three bidders before start of construction, not all bidders may be
members of Club. City's Director of Parks & Recreation ("Parks Director") shall
approve the successful bidder before start of construction. All successful bidders must
provide proof of insurance that meets City's requirements for similarly priced
construction projects. City must be named as Additional Insured.
6. Maintenance. Club shall perform all maintenance of the Premises including
replacement of pilings, piers, pier superstructures, catwalks, catwalk superstructures,
H:\lEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031 005DC.Padrelsl. Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 5 of 14
litter pickup and removal, mowing, weeding, fence and lighting repair, parking lot repair,
and all other maintenance and Improvement maintenance that City Manager may
require, to City Manager's satisfaction, at a level no less than the standard of
maintenance by City. All other Improvements shall be maintained at the same level of
maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds.
Club shall repair all damages to the Premises and Improvements caused by its
mernbers or guests.
7. Renovation. Club shall perform normal renovations of the Improvements
including replacement of pilings, piers, pier superstructures, catwalks, and catwalk
superstructures, to City Manager's satisfaction, at a level no less than the standard of
original construction, reasonable wear and tear excepted. Before undertaking any
renovation, Club shall submit plans and specifications to City Engineer, who shall
provide written approval of the plans and specifications or provide written exceptions
thereto. The exceptions shall be considered and the plans and specifications shall be
resubmitted until written approval is obtained from City Engineer.
All renovation must be undertaken in the same manner as original construction and
in accordance with the same terms and conditions.
8. Utilities. Club shall be responsible for extension of all utility services, including
meters, hook up, and payment of all service charges and monthly charges for utilities.
9. Control and Use. Club shall control the use and charges for the Premises.
However, as part of the consideration for This Lease, Club shall provide, free of charge,
H;\lEG-DIR\Ooyle\MYDOCS\2003.05\PARK&REC.27\lease&Us,eAgreemt\03 1005OC.Padrelsl. YachlClub.2005.Extend.1995.Pier.Lease.doc
Page 6 of 14
one slip for berth of a search and rescue vessel. Said search and rescue vessel shall
not be provided by Club, but by some governmental agency. All other slips shall be
used for berthing of individual pleasure craft belonging to or in the custody of Club
rnembers or guests. No live-aboards will be permitted on the Premises.
10. Removal. Upon expiration of This Lease, and any extensions or renewals of This
Lease, Club shall remove all Improvements at its expense and return the Premises to
the same condition that existed before Club constructed any Improvements. However,
upon approval by City Engineer, Club may leave in place any bulkhead or erosion
control improvements constructed by Club.
11. Reverter. Upon expiration of This Lease, all rights and possession of the
Premises, and any improvements thereto, shall revert to City. However, Club shall
remove all Improvements as set out in section 10 above.
12. Right to Enter. During This Lease, City personnel shall have the right to enter
the Premises at all reasonable times for the purposes of inspection, fire, police, and
other safety actions, and the enforcement of This Lease, or if access is needed for
operations at the Whitecap Plant. If City needs access across the Premises, Club
shall permit the access up to and including removal or relocation of Club Improvements.
13. Insurance. During the term of This Lease, Club shall maintain at its sole
expense, comprehensive general liability insurance, with City named as Additional
Insured. This insurance shall have either minimum limits of FIVE HUNDRED
THOUSAND DOLLARS ($500,000) bodily injury per person, ONE MILLION DOLLARS
($1,000,000) bodily injury per occurrence, and THREE HUNDRED THOUSAND
H:\LEG-DfR\Doyle\MYDOCS\2003_05\PARK&REC.27\Lease&Us.eAgreemt\031005OC.PadrelsL Yacht.Club.200S.Extend.1995.Pier .Lease.doc
Page 7 of 14
DOLLARS ($300,000) property damage; or ONE MILLION DOLLARS ($1,000,000)
Combined Single Limit Coverage. Club shall require each tenant to carry the
appropriate Watercraft Liability Endorsement insurance. Parks Director shall be
furnished a certificate of insurance before the commencement of This Lease, and shall
receive annual renewal certificates for the insurance and any additional certificates for
all subsequent policies obtained pursuant to This Lease.
No insurance policies shall be canceled, not renewed, or materially changed without
thirty (30) days prior written notice to Parks Director. Club shall provide all insurance
policies to the City Attorney within ten (10) days of the City Manager's written request
therefor.
14. Indemnity. Club agrees to and shall indemnify and hold
harmless the City of Corpus Christi, its officers, employees, and
agents (Indemnitees) from and against any and all liability, damages,
loss, claims, demands, suits, and causes of action of any nature on
account of death, personal injuries, property loss or damage, or any
other kind of damage, including all expenses of litigation, court costs,
and attorneys' fees, which arise, or are claimed to arise, out of or in
connection with any activities by Club, its agents, employees,
officers, members, invitees, or independent contractors pursuant to
This Lease regardless of whether the injuries, death, or damages are
caused, or are claimed to be caused by the concurrent or contributing
H:\LEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031 0050C.PadrelsJ.Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 8 of 14
negligence of Indemnitees, but not by the sole negligence of
Indemnitees unmixed with the fault of any other person or entity.
15. Nonassignability. Club shall not assign, mortgage, pledge, or transfer This
Lease, or any interest therein, without the prior written consent of City, except as set
out herein.
16. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste
material, litter, or trash, issued from the Premises is allowed to spill or collect in the
water in the vicinity of the Premises, on the Premises, or on the Whitecap Boulevard
peninsula adjacent to Club. It shall be Club's duty regularly to inspect for and remove
accumulated waste material from the Premises, the Whitecap Boulevard peninsula
adjacent to Club, and the water areas adjacent thereto, and properly dispose of the
waste material in conformance with regulatory requirements.
17. Compliance with Laws. Club shall comply with all federal, state, and local
laws, ordinances, rules, and/or regulations, as amended, including, without limitation,
City Fire Code, City Building Codes, FEMA Regulations, Americans with Disabilities
Act, Texas Natural Resource Conservation Commission Regulations, and the Coast
Guard Rules and Regulations.
18. Taxes, Fees.Club shall pay all taxes that its use of the Premises cause to be
assessed against the Premises or Improvements. Club shall pay all sales taxes and
related taxes and fees incident to operation of the Premises or Improvements.
H:\lEG-D1R\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031005DC.Padrelsl. Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 9 of 14
19. Sanitary Sewer. Club's operation of sanitary sewer facilities, both at the
clubhouse and the boat pump out facility, if any, shall be in accordance with City Code
of Ordinances, Chapters 13 and 14, including, but not limited to, Building and Housing
Standards Code, Construction Codes, and Flood Hazard Prevention Code, and Chapter
55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, and City's
"Greasetrap Ordinance," as same may be amended.
Upon Club's occupancy of twenty (20) tenants, Club shall have a period of six (6)
months to complete the installation and operation of an appropriate pump out facility
within or adjacent to the leased Premises.
It is intended that Club's presence at the Premises will not in any manner affect
City's required wastewater sampling at the adjacent Whitecap Wastewater Treatment
Plant. Club shall not dump and shall not allow anyone visiting the Premises to dump
any effluent or wastewater of any type into the water, but all effluent or wastewater shall
be properly disposed of through Club's wastewater hookup or boat pump out facility, if
any.
20. Termination. Except as otherwise provided herein, City may terminate This
Lease, whenever Club fails to comply with the provisions and covenants herein, and
thereafter fails or refuses to comply within a reasonable time, stated in writing, after
receiving written notice of the violation, recommended cure, and period to cure.
Further, if City at any time needs the Premises for any City purpose, City Manager
will give Club thirty (30) days written notice of termination. At the end of the thirty (30)
days This Lease shall terminate.
H:\LEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031 005DC.Padrelsl.Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 10 of 14
21. Fencing. , Club, at its expense, shall fence the Premises from the street right-
of-way and the treatment plant property so that no one can access the Premises from
the street or right-of-way property. The gate to the Premises shall be kept locked at all
times Club is not open.
22. Hours of Operation. Club may operate the Premises from 6:00 a.m. to 12
midnight, 365 days a year. If nearby property owners complain about noise or nuisance
and the complaints go unresolved, Parks Director has the authority to shorten the
hours of operation.
23. Landscaping/screening. Landscaping for buffer shall be required on the
Premises. A plan may be presented to Parks Director for approval, or Parks Director
may present a landscaping plan to Club and approve a timetable for implementation.
24.lmprovements. Improvements, such as lighting, that cause complaints from
adjacent or nearby property owners must be altered or removed reasonably to remedy
the complaint and provide the improvement that Club desired, at Club's expense.
25. Erosion. If, in the opinion of City Engineer or Parks Director, excessive
erosion occurs along the shoreline of the Premises as the result of Club's usage of the
Premises, Club must repair and correct the erosion and do any other repairs needed to
prevent the erosion from recurring.
26. Notices and Addresses. All notices, demands, requests or replies provided for
or permitted by This Lease shall be in writing and may be delivered by anyone of the
following methods: (1) by personal delivery; (2) by deposit with the United States Postal
H:\LEG-DIR\Ooyle\MYDOCS\2003.0S\PARK&REC.27\lease&Us.eAgreemt\O31005DC.Padrelsl. YachLClub.20Q5.Extend.1995.Pier.Lease.doc
Page 11 of 14
Service as certified mail, return receipt requested, postage prepaid to the addresses
stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express
delivery service at:
If to City:
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attention: Director of Parks & Recreation
If to Club:
PADRE ISLAND YACHT CLUB
14300 S.P.I.D.
Corpus Christi, Texas 78418
Attention: Commodore
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1 ) business day after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service shall be
deemed effective one (1) business day after transmission to the telegraph company or
overnight express carrier.
27. Modifications. No changes or modifications to the Lease shall be made, nor
any provision waived, unless in writing signed by a person authorized to sign
agreements on behalf of each party.
28. Hurricane Preparedness. In the event the area is threatened by a hurricane or
some other emergency situation, Club shall comply with all reasonable orders of the
Marina Superintendent or his/her authorized representative pursuant to the Hurricane
Preparedness Plan for the Improvements, a copy of which is attached and incorporated
H:\LEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031 005DC.Padrelsl.Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 12 of 14
as Exhibit B. A current copy of the Hurricane Preparedness Plan shall be kept on file
with the City Secretary's copy of This Lease. Any time this plan is revised, the newest
revision becomes the attached and incorporated Exhibit B.
29. Non-discrimination. Club, and all its members and guests, shall be responsible
for the fair and just treatment of their respective employees, members, prospective
members, and guests. Club warrants that it is, and will continue to be, an equal
opportunity employer and hereby covenants that no employee, member, prospective
member, or guest shall be discriminated against because of race, creed, color, disability
or national origin. This non discrimination clause must be posted on the Premises and
must set out the Parks Director's address and phone number. Violation of this
proviSion by Club or any member or guest shall be cause for immediate termination by
City.
30. Interpretation. This Lease shall be interpreted according to the Texas laws that
govern the interpretation of contracts. Venue shall lie in Nueces County, Texas, where
This Lease was entered into and will be performed.
The headings contained herein are for convenience and reference only and are
not intended to define or limit the scope of any provision.
31. Entirety Clause. This Lease and the exhibits incorporated and attached
hereto constitute the entire agreement between City and Club for the use granted. All
other agreements, promises, and representations with respect thereto, unless contained
in This Lease, are expressly revoked, as it is the intention of the parties to provide for a
complete understanding within the provisions of this document, and the exhibits
H:\lEG-DlR\Doyle\MYDOCS\2003.05\PARK&REC.27\lease&Us.eAgreemt\031005DC.PadrelsI.YachcClub.2005.Extend.1995.Pjer.lease.doc
Page 13 of 14
incorporated and attached hereto. The unenforceability, invalidity, or illegality of any
provision of This Lease shall not render the other provisions unenforceable, invalid, or
illegal.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manage
p~ 10 March 2005
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
PADRE ISLAND YACHT CLUB
By:tf;:f/J, !//~
Name: UJ/~.h. ~
Title: bJt;JWfb~O-e s
H:\lEG-DIR\Doyle\MYDOCS\2003.05\PARK&REC.27\Lease&Us.eAgreemt\031 OOSDC.Padrelsl.Yacht.Club.2005.Extend.1995.Pier.Lease.doc
Page 14 of 14
ACKNOWLEDGMENTS
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This instrument was acknowledged before me on the day of
, 2005 by George K. Noe, City Manager of Corpus
Christi, Texas, a Texas home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Name (printed):
My Commission Expires:
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This instrument was acknowledged before me on the ) 7 ~ day of n
'\I'v\QA U) ,2005 by L..J~.1. )alV , ~~~,
of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of said
corporation.
4::~
Notary Public, State of Texas
Name (printed): \-\.. C'L~
My Commission Expires: ~ . l, . doC> /l
~
~'~. K.CHUTE ~
.r. . Notary Public <
~~ State of Texas ~.
S>_..... My Comm. Exp. 0310612008 '
,
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10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2005
AGENDA ITEM: Authorizing the City Manager, or designee, to execute a ten year
Use agreement with the Tiger Olivarez Golf and Literacy Academy, inc. (a chapter
of The First Tee) for nonexclusive use of designated parts of the Gabe Lozano Sr.
Golf Center; providing for severance; and providing for publication.
ISSUE: A Use agreement must be approved for the Tiger Olivarez Golf and Literacy
Academy to use the Gabe Lozano Sr. Golf Center for golf instruction, The First Tee life
skills curriculum, and literacy instruction.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the Use agreement with the Tiger Olivarez Golf and Literacy Academy.
Sally Ga Ik, Director
Park an Recreation Department
Attachments:
Background Information
H:\PR-DIR\SHARED\AGENDA ITEMS\Council Meetings\2005\Ol-25-05\Tiger Olivarez Golf and Literacy Academy_The First Tee
Lease DOC
BACKGROUND INFORMATION
A non-profit group was formed in 2004 in order to petition The First Tee (an initiative of the
World Golf Foundation) for a chapter to be located at Gabe Lozano Sr. Golf Center. The
First Tee became a reality as a result of the support of the PGA of America, Ladies
Professional Golf Association, Augusta National Golf Club, PGA TOUR, and the United
States Golf Association. The local group was incorporated as the Tiger Olivarez Golf and
Literacy Academy. Their mission is to provide golf and life skills as well as literacy
instruction to community youth. The First Tee has a curriculum of life skills that will be at
the core of the instruction and includes values such as integrity, honesty, respect for self
and others, courtesy, judgment, confidence, perseverance, sportsmanship and
responsibility. The program is to be offered to the youth in the community that otherwise
would not have the opportunity to participate in golf. The Academy will also work in
conjunction with other professionally qualified teachers and institutions to give youth
access to books and literacy skills. The Academy will operate a program to help youth
improve reading comprehension and writing skills, and will use qualified area teachers as
resources.
A long-term agreement with a golf facility is required by The First Tee in order to amortize
any construction that is funded by The First Tee as well as offering college scholarships to
youth that have been in the program since their early years.
H:\PR-DIR\SHARED\AGENOA ITEMS\Council Meetings\2005\Ol-25-05\Tiger Olivarez Golf and Literacy Academy_The First Tee
Lease.DOC
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
TEN YEAR USE AGREEMENT WITH THE TIGER OLIVAREZ GOLF
AND LITERACY ACADEMY, INC. (A CHAPTER OF THE FIRST TEE)
FOR NONEXCLUSIVE USE OF DESIGNATED PARTS OF THE GABE
LOZANO SR. GOLF CENTER; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a ten year
Use Agreement with The Tiger Olivarez Golf and Literacy Academy, Inc. (a chapter of
The First Tee) for nonexclusive use of designated parts of the Gabe Lozano Sr. Golf
Center. The Use Agreement is attached as Exhibit A and a copy is on file with the City
Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease and Use
Agreement begins on the 6151 day after City Council adoption of this ordinance on
second and final reading and will have a term of ten (10) years; and the second and
final reading of this ordinance is at least twenty eight (28) days after the first reading.
Each reading was done at a regular meeting of the City Council.
SECTION 3. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H :\LEG-DIRIDoyleD.Curtis\MYDOCS\2003.04\LEASE.ORDl011805DC.FirsIT ee.TheTiger.Olivarez.GoIf.Literacy.Academy.1 OyrU5e.Ord.doc
Page 2 of 2
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 2005, by the fOllowing vote:
Samuel L. Neal, Jr.
Brent Chesney
William Kelly
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
The foregoing ordinance was read for the second time and passed finally on this the
day of , 2005, by the following vote:
Samuel L. Neal, Jr.
William Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
PASSED AND APPROVED on the _ day of
ATTEST:
,2005.
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 18 January 2005
~~ro,
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H :\LEG-DIR\DoyleD.Curtis\MYDOCS\2003.04\LEASE. ORD\011805DC. FirstT ee.The Tiger.Olivarez. Golf.Literacy .Academy.1 OyrUse.Ord.doc
Page 1 of 20
Ordinance No.
Approved:
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
CHAPTER USE AGREEMENT
This Use Agreement (hereinafter "Agreement") is made and entered into this
day of , 2005, by and between THE CITY OF CORPUS CHRISTI
TEXAS ("City"), a Texas home-rule municipal corporation, acting by and through the
City Council ("City Council"), and The Tiger Olivarez Golf and Literacy Academy, Inc.
("Chapter"), a Texas non-profit corporation, qualified as a 501 (c) (3) organization under
26 U.S.C. Section 501 (c) (3), a chapter of The First Tee, a division of World Golf
Foundation, Inc. ("World Golf'), a Florida nonprofit corporation.
WHEREAS, City owns, and through its Parks and Recreation Department, operates
two (2) golf courses in Corpus Christi, Texas; and
WHEREAS, City has Head Golf Pros to operate and manage its golf courses; and
WHEREAS, Chapter is a Texas non-profit corporation organized and operated to
develop and offer to Corpus Christi area youth a Program for the teaching of golf and
life skills in affiliation as a chapter of The First Tee, a division of World Golf Foundation,
Inc. ("World Golf'), a Florida nonprofit corporation; and
WHEREAS, Chapter desires to develop, offer and conduct its Program benefiting the
Corpus Christi area youth at certain City golf courses; and
WHEREAS, City desires said Programs at its golf courses provided they can be
effectively and efficiently coordinated with the public use of the golf courses and with the
applicable Head Golf Pros.
NOW, THEREFORE, for and in consideration of the mutual undertakings herein
provided, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and Chapter agree as follows:
I. DEFINITIONS
1.01 "City" means the City of Corpus Christi, Texas, a Texas home-rule municipal
corporation.
1.02 "Designated Golf Course" means a City owned golf course selected by
Chapter and approved in writing by Director as a venue for Chapter's
activities/Programs in accordance with the terms and conditions of this Agreement.
1.03 "Director" means the Director of City's Parks and Recreation Department.
H:\LEG-DIR\DoyleD, Curtis\MYDOCS\2003.04\PARK&REC.27\GoIfCour.ses\021405DC.Finat.CIean.Copy.Tiger.OIivarez.Golflit.eracy.Academy.Chapter.10yrUseK.&ExhbA.OOC
Page 2 of 20
1.04 "Existing Contracts" means currently existing contracts, and extensions or
amendments thereof, between City and a third party conceming a Designated Golf
Course. Existing Contracts shall include, without limitation, any contract, whether pre-
dating or post-dating this Agreement, between City and any third party for the
management and operation of the course.
1.05 "Chapter" means The Tiger Olivarez Golf and Literacy Academy, Inc., a non-
profit corporation organized under the laws of the State of Texas, qualified as a 501 (c)
(3) organization under 26 U.S.C. Section 501 (c) (3), and its successors or assigns. The
Tiger Olivarez Golf and Literacy Academy, Inc. ("Chapter") is a chapter of The First
Tee, a division of World Golf Foundation, Inc. ("World Golf), a Florida nonprofit
corporation.
1.06 "Learning Center" means a building constructed or located by Chapter at a
Designated Golf Course in accordance with this Agreement for use in its Program.
1.07 "Head Golf Pro" means the City employee designated by City, from time to
time, as the golf professional responsible for the operation and management of a
Designated Golf Course.
1.08 "Program" means Chapter's Program for its registered participants at the
Designated Golf Courses.
II. SUBJECT OF THIS AGREEMENT AND TERM
2.01 Purpose. The purpose of this Agreement is to set forth the terms and
conditions upon which the City will allow Chapter to use certain of its golf courses to
conduct its Program. Chapter shall, at its sole cost and expense, plan, arrange for and
conduct its activities on the Designated Golf Course in accordance with the terms
provided in this Agreement.
2.02 Term. This Agreement shall be for a term of ten years, beginning with the
effective date of . (As required by City Charter, the effective date is
the 61st day after the adoption by City Council on second and final reading of the
ordinance authorizing the execution of this Agreement.). Notwithstanding the foregoing
sentence, Director may, at Director's option and without prejudice to any other rights
City may be entitled to at law, in equity or elsewhere under this Agreement, terminate
this Agreement in whole or in part, with or without cause, for the convenience of City
by giving at least one hundred eighty (180) calendar days prior written notice thereof to
Chapter; and all uses being terminated shall cease and Chapter shall peacefully
surrender the Learning Centers and any other areas utilized by Chapter at the
Designated Golf Courses to the City upon the date specified in the notice. In the
event of termination for convenience by City, Chapter shall be entitled to receive as its
sole and exclusive compensation for said termination an amount equal to the prorated
cost of the improvements approved by City and constructed by Chapter under this
Agreement. The cost of the improvements (including the Learning Center) shall be
the lesser of (1) the actual out-of-pocket cost of construction or (2) the amount specified
H:\LEG-DIR\DoyleD.Curtis\MYDOCS\2003.04\PARK&REC.27\GolfCour.ses\021405DC.Final.C1ean.Copy.Tiger.Olivarez.GolfLiteracy.Academy.Chapter.10yrUseK.&ExhbA.DOC
Page 3 of 20
in Chapter's request to construct improvements approved by the Director. The
prorated amount shall be calculated using a fraction, the numerator of which is the
remaining unexpired number of years of the original term of the Agreement at the time
of termination and the denominator of which is ten (10) years.
2.03 Designated Golf Courses. Chapter may, from time to time designate to City
City-owned golf courses at which it wishes to offer its Program. Said designation shall
identify the course(s) to be covered, an estimated timetable for beginning of Program
offering, improvements, if any, Chapter anticipates making to the course, including,
without limitation, construction of any Learning Center, and any other information that
Director might reasonable request to enable Director to evaluate the proposal. Upon
Director's written approval said requested course(s) shall be a "Designated Golf
Course" for purposes of this Agreement.
Chapter has requested and Director approves Gabe Lozano Sr. Golf Center as the
Designated Golf Course, subject to the following requirements: Chapter shall furnish
to Director the following information: (1) an estimated timetable for beginning of
Program offering; (2) improvements, if any, Chapter anticipates making to this
Designated Golf Course, including, without limitation, construction of any Learning
Center, and (3) any other information that Director might reasonable request.
2.04 Permitted Use. Chapter may develop, offer and conduct its Program of
providing training in golf and life skills to Corpus Christi area youth at the Designated
Golf Courses as provided by this Agreement. Chapter acknowledges that the
Designated Golf Courses are dedicated public parks. Therefore, Chapter's activities
on the Designated Golf Courses shall comply with all applicable laws, regulations, and
policies applicable to public parks. In addition, Chapter's use of the Designated Golf
Courses is non-exclusive and subject to the Existing Contracts.
2.05 Prohibited Uses. Chapter shall not use any portion of the Designated Golf
Courses, or permit the Designated Golf Courses to be used, (a) contrary to any
statute, rule, order, ordinance, requirement, regulation and course rules applicable
thereto or (b) in any manner which would (I) violate any certificates of occupancy or
permit affecting same, (ii) cause structural injury to then existing improvements, (iii)
cause the value or usefulness of the Designated Golf Courses, or any part thereof, to
diminish, (iv) constitute a public or private nuisance or waste, or (v) be immoral or
obscene or a threat to the welfare of the general public. Without in any way limiting the
provisions of Section 2.04, Chapter shall not use the Designated Golf Courses in any
manner that would render the insurance thereon void or the insurance risk more
hazardous.
III. AS IS, WHERE IS, AND WITH ALL FAULTS; DISCLAIMER AND WAIVER
Chapter acknowledges and agrees that its use of the Designated Golf Courses is and
shall be strictly on an "as is, where is, with all faults" condition and basis and subject to
the Existing Contracts, matters of record, all easements, rights-of-way, prescriptive
rights, whether of record or not, affecting the Designated Golf Course and zoning.
H:\LEG-DIR\OoyleD.CurtiS\MYDOCS\2003.04\PARK&REC.27\GolfCour.seS\o21405DC.FinaLClean.Copy.Tiger. Olivarez.GoIfLit.eracy.Academy.Chapter.1 OyrUseK.&ExhbA.DOC
Page 4 of 20
Chapter acknowledges and agrees that City has not made, does not make, and
specifically negates and disclaims any representations, promises, covenants,
Agreements, guaranties or warranties of any kind or character whatsoever, whether
express of implied, oral or written, past present or future, as to, concerning or with
respect to (a) the value, nature, quality or condition of the Designated Golf Courses,
(b) the benefit to be derived from the Designated Golf Courses, (c) the suitability of the
Designated Golf Courses for any and all activities and uses which Chapter may
conduct thereon, (d) the compliance of the Designated Golf Courses or their operation
with any laws, rules, ordinances or regulations of any applicable govemmental authority
or body, (e) the suitability or fitness for a particular purpose of the Designated Golf
Courses, (f) the manner or quality of the construction or materials, if any, incorporated
into the Designated Golf Courses, (g) the manner, quality, state of repair or lack of
repair of the Designated Golf Courses, and (h) any other matter with respect to the
Designated Golf Courses; and specifically, that City has not made, does not make
and specifically disclaims any representations regarding compliance with any
environmental protection, pollution or land use laws, rules, regulations, orders or
requirements, including the existence in or on the Designated Golf Courses of
hazardous materials. Chapter further acknowledges and agrees that Chapter will rely
solely on its own investigation of the Designated Golf Courses and not on any
information provided or to be provided by City. Chapter further acknowledges and
agrees that any information provided or to be provided with respect to the Designated
Golf Courses was obtained from a variety of sources and that City has not made any
independent investigation or verification of that information and makes no
representations as to the accuracy or completeness of that information. City is not liable
for or bound in any manner by any verbal or written statements, representations or
information pertaining to the Designated Golf Courses, or the operation thereof,
furnished by any real estate broker, agent, employee, servant or other person. The
term "hazardous materials" as used in this section shall mean any hazardous materials
or hazardous substances as defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, the Texas Hazardous Substances
Spill Prevention and Control Act, as amended, the Resource Conservation and
Recovery Act of 1976, as amended, and regulations promulgated thereunder.
IV, CHAPTER'S USE OF THE DESIGNATED GOLF COURSES
4.01 Coordination With Head Golf Pro, Upon designation by Chapter and approval
by the Director of a particular City-owned golf course as the Designated Golf Course,
it shall be Chapter's obligation to coordinate all aspects of its proposed Program for
said Designated Golf Course with the Head Golf Pro for said course. Said
coordination shall include, without limitation, scheduling of class and practice range
times, number and frequency of class sessions, number of participants per class
session, on site storage of equipment, if available, holding of special events,
advertising, and display and dissemination of promotional materials concerning the
Program, parking and security for the Program and fees for practice range balls/use,
etc. In this regard City and Chapter acknowledge and agree to achieve the
coordination and Program features described in Exhibit "An attached hereto and
incorporated herein for all purposes, with the Head Golf Pro(s). City agrees to use
H:\LEG-DIR\DoyleD.Curtis\MYDOCS\2003.04\PARK&REC.27\GotfCour.ses\021405DC.FinaI.Clean.Copy.Tiger.Olivarez.GoffUt.eracy.Academy.Chapter. 1 OyrUseK.&ExhbA.DOC
Page 5 of 20
reasonable good faith efforts to encourage, support and facilitate said coordination and
Program features between Chapter and the Head Golf Pro for any particular
Designated Golf Course. Notwithstanding the foregoing, Chapter acknowledges that
City will not unilaterally commit the Head Golf Pro and that Chapter bears ultimate
responsibility to work out all the details with the particular Head Golf Pro in accordance
with the terms of this Agreement.
Before beginning its Program at any particular Designated Golf Course, Chapter shall
provide the Director with written confirmation from it and the Head Golf Pro that said
details have been arranged to their mutual satisfaction and is consistent with the terms
in Exhibit A.
4.02 Chapter's Responsibilities in the Operation of its Program at the
Designated Golf Courses.
Chapter shall, at its sole cost and expense:
(a) Provide qualified personnel, supplies and equipments, and any expenses and
necessary fees for its Program;
(b) Recruit and register participants for its Program;
(c) Transport or arrange for transport of the participants to and from the
Designated Golf Courses;
(d) During scheduled Program times, adequately supervise and control its
participants at the Designated Golf Course; including, without limitation,
ensuring some minimum level of proficiency of participants playing the rounds
of golf described in Exhibit A to avoid unreasonable delay, disruption of and
interference with other players on the courses;
(e) If a Learning Center is constructed in accordance with this Agreement,
operate, manage and maintain the Learning Center in good, safe, attractive
and efficient conditions and in accordance with all applicable laws;
(f) Provide, set up and store all required equipment for its Program (including
golf balls, clubs and gloves) and maintain the same in good, safe, attractive
and efficient working condition at all times;
(g) Provide and maintain special facilities and accommodations for handicapped
participants of its Program as required by law;
(h) Fully comply with City's HUB Good Faith Effort Plan, as amended, plan in
hiring and contracting with historically underutilized local businesses, certified
by City, in Chapter's use and operation at the Designated Golf Courses;
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(i) Promptly undertake and accomplish all maintenance and repairs necessary to
prevent any deterioration or waste to any Chapter occupied areas of the
Designated Golf Course including the Learning Center;
0) Make every effort to encourage, promote and ensure the participation of
underprivileged youth and youth of all gender and ethnicities in the Program;
(k) Pay all management, maintenance, repair, and operating expenses, and all
other costs relating and attributable to any Learning Center and its Program;
(I) Payor caused to be paid when due all charges for utilities and services
attributable to its use of the Learning Center at the Designated Golf
Courses; .
(m) Maintain or cause to be maintained all necessary licenses, permits,
franchises, if any, and authorizations for its operation and Program;
(n) Pay all legally due taxes and assessments, if any, attributable to its operation
under this Agreement. In no event shall City be obligated to pay any tax or
assessment or any portion thereof levied or created during the term of the
Agreement, irrespective of whether the tax or assessment or any portion
thereof was specifically allocated to City's interest therein. All payments by
Chapter of taxes and/or assessments shall be made by Chapter on or before
thirty (30) days before the last day on which the payments may be made
without penalty or interest. Upon City's request, Chapter shall fumish to City
receipts or other appropriate evidence establishing the payment of these
amounts;
(0) When applicable, promptly undertake and complete the construction of the
Learning Centers at the applicable Designated Golf Courses in accordance
with Article V. of this Agreement;
(p) Not enter into any contracts or provide any product or service that will
compete with Head Golf Pros' rights, use and privileges without the Head
Golf Pros' prior written consent;
(q) Expressly state in any Chapter contracts involving the Designated Golf
Courses that those contracts are subject to this Agreement;
(r) Upon termination of the Agreement, cease its use of the Designated Golf
Courses, leaving same in substantially the same and as good a condition as
before the use, unless otherwise agreed in writing by the Director.
4.03 City's Responsibilities. City is not required or obligated to make any changes,
alterations, additions, improvements, or repairs in, on or about the Designated Golf
Courses. Further, City is not required or obligated to negotiate with the Head Golf Pro
for Chapter's activities at the Designated Golf Course.
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4.04 Budgets, Financial Records and Audits. Chapter shall keep and maintain
true, complete and accurate financial records pertaining to this Agreement during the
term hereof and shall maintain the same for five years following the termination of the
Agreement. City may review said financial records and back-up documentations upon
request. City is hereby granted the right to inspect and audit the records at Chapter's
office during any normal business hours. In addition, Chapter shall furnish true and
correct copies of any annual or quarterly financial reports (balance sheets, statements
of operation, cash flow statements, etc.) it may generate from time to time.
4.05 Acknowledgements in Printed Materials. Chapter agrees to acknowledge the
City for its support in all appropriate printed materials. The Director reserves the rights
to review and approve, in whole or in part, the form of the acknowledgements which
Chapter proposes to include in any printed materials.
V. CHAPTER'S CONSTRUCTION OF IMPROVEMENTS AT THE DESIGNATED
GOLF COURSE
5.01 Chapter's Improvements. Chapter may, from time to time, request permission
to make physical improvements to the Designated Golf Course, including without
limitation construction of a Learning Center, practice areas, and other facilities. Said
requests shall be made in writing to the Director, with copy to the Head Golf Pro for
the affected course. The request shall contain a description of the proposed
improvements; their location; their estimated cost; proof of available funding; a
proposed construction schedule; and designs, plans and specifications, where
appropriate. Chapter will not undertake construction of any physical improvements
without the prior written approval of the Director.
5.02 Review of Construction Documents. All designs, plans and specifications
(and amendments thereto) for the construction of any improvements by Chapter must
be reviewed and approved in writing by the Director, prior to commencement of any
work. If the Director fails to approve or inform Chapter of the need for additional time
for review in writing within 30-day period of his receipt, City shall be deemed to have
denied the designs, plans and specifications as submitted.
City's review of any designs, plans or specifications is solely for City's own purposes,
and City does not make any representation or warranty concerning the appropriateness
of any designs, plans or specifications for any purpose. City's approval of (or failure to
approve) any designs, plans and specifications shall not render City liable for same,
and Chapter assumes and shall be responsible for any and all claims arising out of or
from the use of the designs, plans and specifications.
Chapter shall provide at least three sets of construction documents to Director.
Chapter shall also furnish City with complete as-built drawings within sixty (60) days
after construction is complete. The as-built drawings shall be in both full size and
reproducible formats.
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5.03 Permits and Other Approvals. All building permits, certificates of occupancy,
and other permits, licenses, permissions, consents, and approvals required to be
obtained from government agencies or third parties in connection with construction,
occupancy and uses of any improvements constructed by Chapter shall be acquired as
required by applicable laws, ordinances, or regulations by and at the sole cost and
expense of Chapter and Chapter shall fumish City evidence thereof.
5.04 City Required Bonds and Insurance during Construction. All construction
contracts entered into between Chapter and its contractor(s) for improvements shall
require performance and payment bonds and minimum insurance requirements
(including all-risk builders risk insurance) in the form and amounts normally required by
City for construction projects of similar magnitude. Each performance and payment
bond shall name Chapter and City as joint obligees. The contracts shall also require
the contractor(s) to name City and Chapter, their officers, agents and employees, as
additional insureds and as indemnitees under the indemnification, defense and hold
harmless provisions of the construction contracts, in a form substantially similar to that
found in Section 7.01 Indemnification. The contractor(s) shall also be required to
name City, and Chapter, their officers, agents and employees, as additional insureds
on all liability insurance policies required for the new improvements. Further, all
Chapter's construction contracts shall include a term stating that the contract shall be
subject to this Agreement.
5.05 City's Right to Observe and Inspect During Construction. During the
construction, City shall have the right (but not the obligation) to observe and inspect
work performed by any contractor(s). During construction, Chapter's construction
manager, engineer and/or architect, if any, shall be accessible to City at all times and
shall provide sufficient on-site representatives, construction administrators and/or
inspectors to assure that the construction will be completed in accordance with the
approved plans and specifications.
5.06 Construction Scheduling. Chapter shall provide the Director and the Head
Golf Pros with advanced written notification of construction scheduling and will
schedule all work so as to avoid conflict with events at the Designated Golf Courses.
5.07 Site Security and Securing Construction Materials. Chapter and its
contractors and subcontractors shall be solely responsible for construction site security
and securing construction tools, equipment, supplies and materials when left on City
property.
5.08 City's Good Faith Effort Plan. Chapter, and its engineers, architects,
contractors and subcontractors shall adopt good faith efforts in compliance with the
City's HUB good faith effort plan in hiring and contracting with historically underutilized
local businesses certified by City.
5.09 Construction Standards. Chapter shall perform the construction work
contemplated by this Agreement or cause it to be performed in a good and
workmanlike manner and in compliance with all applicable laws and regulations of all
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governmental authorities having jurisdiction. Chapter shall promptly correct or replace
any defective work, including any portion of the construction not performed in
substantial accordance with the plans and specification, without cost to City. Chapter
shall also furnish to City, if applicable, copies of Certificates of Occupancy or other
similar documents issued to certify completion of construction in compliance with
applicable requirements. Notwithstanding the foregoing the Director may request a
walk-through inspection and equipment testing to confirm substantial completion of
improvements constructed by Chapter, and Chapter, its architect, construction
manager, representatives and/or contractor(s) shall attend if requested. Chapter will
promptly remedy or cause to be remedied any deficiencies identified by City's
inspection and/or testing.
5.10 Mechanic's Liens. Chapter shall not permit any claim of lien made by any
mechanic, materialman, laborer, or other similar liens to stand against any Designated
Golf Course for work or materials furnished in connection with any construction,
maintenance or repair thereof made by, or on behalf of Chapter or any contractor,
agent or representative of Chapter. Chapter shall cause that claim of lien to be fully
discharged no later than ten (10) days after the date of filing thereof; provided, however,
that in the event Chapter, in good faith, disputes the validity or amount of that claim of
lien, and if Chapter shall give to City the security that City may reasonably require to
insure payment thereof and prevent any attempted sale, foreclosure, or forfeiture of the
improvements, the Designated Golf Course or any portion thereof by reason of the
nonpayment, Chapter shall not be deemed to be in breach of this section so long as
Chapter is diligently pursuing a resolution of the dispute with continuity and, upon entry
of final judgment resolving the dispute, if litigation or arbitration results therefrom,
immediately discharges said lien claim.
5.11 Fee Simple Title to City. The parties acknowledge that fee simple title to any
improvements constructed or located on a Designated Golf Course by Chapter in
accordance with this Agreement shall automatically vest in City without any further
action by either party hereto, free and clear of all liens and other encumbrances arising
by, through or under Chapter, and Chapter agrees to take no action before, during or
after construction that would prejudice City's ability to secure clear fee simple title to
said improvements.
5.12 Fixtures, Personal Property, and Equipment. Chapter may place or install at
a Learning Center the personal property, removable fixtures and equipment as
Chapter shall deem desirable for its operation. Personal property, removable fixtures,
and equipment used in the conduct of activities by Chapter (as distinguished from
fixtures and equipment used in connection with the operation and maintenance of the
building) placed by Chapter in, on or at the Learning Center shall not become part of
the real property, even if nailed, screwed, or otherwise fastened to the improvements or
building, but shall retain their status as personal property ("personalty"). If requested by
City, Chapter shall submit to the Director a list of its personalty for approval. Personalty
may be removed by Chapter at any time, so long as Chapter is not in default under this
Agreement and so long as any damage to the Learning Center occasioned by the
removal is thereupon repaired. All other fixtures and improvements constructed,
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located or installed upon the Learning Center shall be deemed to become part of the
real property and shall become the sole and exclusive property of City, free of any and
all claims of Chapter or any person or entity claiming by or through Chapter. In the
event Chapter does not remove Chapter's personalty that it is permitted by this section
to remove from the Learning Center within ten (10) days following the termination of
the Agreement, City may treat said personalty as abandoned and retain the same and
treat it as part of the Learning Center or have it removed and stored at Chapter's
expense. Chapter shall promptly reimburse City for any damage caused to the
Learning Center by the removal of personalty whether removal is by Chapter or City.
Any modular building placed by Chapter on a Designated Golf Course shall be
considered personalty and removable by Chapter provided (i) it was designated as
removable personalty when submitted to the Director for approval, (ii) the Director
approved installation of said modular building and (iii) Chapter provides adequate
assurance at the time of removal of restoration of the site to its condition before
installation of the modular building. In no event may the cost of or relating to any
modular building be included in the cost of improvements used in the calculations
provided in Sections 2.02 and 8.03 of this Agreement.
5.13 Construction Warranties. Chapter shall formally assign to City all warranties
and warranty obligations of the contractor(s) and equipment manufacturers for
improvements; provided, however, correction of defective work as provided in this
Agreement shall not by that assignment become the responsibility of City, but shall
remain the responsibility of Chapter and its contractor(s). Chapter shall administer
said warranties dUring the term of this Agreement and City shall reasonably cooperate
with and facilitate Chapter's efforts in this regard. Chapter shall turn over to City
copies of all building systems, training, operation and maintenance manuals for the
Learning Center.
5.14 Repairs and Maintenance. At all times during the term of the Agreement,
Chapter shall, at its sole cost and expense, keep and maintain the Learning Center or
other improvements used primarily by Chapter or its Program on the Designated Golf
Courses, in good order and repair; and in a safe, clean, useable, sanitary and attractive
condition. Chapter shall rebuild, restore and repair any damage to a Learning Center
or other improvements used primarily by Chapter and/or its Program. Chapter's duty
to rebuild, restore or repair shall not be conditioned upon the availability of any
insurance proceeds to Chapter.
VI. ADDITIONAL COVENANTS
Chapter shall, at its sole cost and expense:
(a) In the ordinary course of business, make prompt payments to its vendors,
concessionaires, consultants, contractors and similar parties, provided that
nothing herein shall prevent Chapter from contesting and litigating, in good
faith, any payment alleged to be due to any of those parties;
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(b) Maintain itself in good standing as a Texas non-profit corporation and exempt
under the Internal Revenue Code and associated regulations; and
(c) Maintain itself as an authorized chapter of, and in good standing with, World
Golf and comply with World Golfs requirements.
VII. INDEMNIFICATION AND INSURANCE
7.01 Indemnification. Chapter agrees to defend, indemnify and hold
the City and its officers, agents and employees, harmless against any
and all claims, lawsuits, judgments, costs and expenses for personal
injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons,
that may arise out of or be occasioned by Chapter's breach of any of
the terms or provisions of this Agreement or by any negligent or
strictly liable act or omission of Chapter or its officers, agents,
employees or contractors, in any way relating to or concerning this
Agreement; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence of
the City, and in the event of joint and concurring negligence of
Chapter and City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the law of the State of
Texas, without waiving any governmental immunity available to City
or defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
7.02 Insurance. Chapter shall obtain and maintain upon commencement of this
Agreement, and during any extension periods, commercial general liability insurance in
connection with its management and operation activities of the Program with minimum
combined bodily injury (including death) and property damage limits of $1 ,000,000 per
occurrence, $1,000,000 general aggregate. City and its officers, employees and
elected representatives shall be named as additional insureds. Further, Chapter shall
obtain and maintain from the commencement of construction, and continuing thereafter
during the term of this Agreement and any extension periods, fire and extended
coverage property insurance on the Learning Center(s). Proceeds of insurance
resulting from damages to, or destruction of the Learning Center shall be used to
repair or reconstruct the Learning Center as herein provided.
VIII. DEFAULT AND TERMINATION
8.01 Default by Chapter. A "Chapter Default" shall mean the occurrence of one or
more of the following events:
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(a) Failure of Chapter to pay when due any monetary amount due to City, and
the continuation of the failure without cure for a period of ten (10) days after
City notifies Chapter of the failure in writing in accordance with the notice
provisions under this Agreement;
(b) Failure of Chapter to maintain any of the insurance or bonds provided for
herein;
(c) Failure of Chapter to comply with any other material term, covenant, or
provision of this Agreement, and the failure by Chapter to cure the failure
within thirty (30) days after City notifies Chapter in writing of the failure to
comply in accordance with the notice provisions under this Agreement; and
(d) A receiver or trustee is appointed to take possession of all or substantially all
of the assets of Chapter; or if any action is taken or suffered by Chapter
pursuant to an insolvency, bankruptcy, or reorganization act; or if Chapter
makes a general assignment for the benefit of its creditors; and the
appointment, action, or assignment continues for a period of sixty (60) days.
(e) Failure of Chapter to (1) maintain its affiliation with World Golf as an
authorized chapter in good standing or (2) comply with World Golfs
requirements.
City shall not be required to give any written notice and opportunity to comply/cure as
provided in this Section 8.01 if the same or a substantially similar event has occurred
and been the subject of written notice twice within the previous twelve (12) month
period.
8.02 Termination and Other Remedies by City upon a Chapter Default. Upon the
occurrence of a Chapter Default, City may pursue any legal or equitable remedy or
remedies, including, without limitation, specific performance, damages, and termination
of this Agreement. Termination or non-termination of this Agreement upon a Chapter
Default shall not prevent City from pursuing any other remedies. Upon termination by
City, City may occupy the Learning Center and all other areas used by Chapter under
this Agreement, and Chapter shall assign to City any of its contracts and Agreements
requested by City to be so assigned. Chapter contracts and Agreements not assumed
by City shall terminate immediately upon termination of this Agreement. Chapter does
hereby appoint City as its agent and attomey-in-fact for purpose of effecting said
assignment(s), said appointment being coupled with an interest therein. In the event
Chapter fails to pay any of the expenses or amounts or perform any obligation specified
in this Agreement, City may, but shall not be obligated to do so, pay that amount or
perform those obligations and the amount so paid and the cost incurred in said
performance shall immediately be due and payable by Chapter to City and shall
thereafter bear interest at the rate specified in this Agreement.
8.03 City Default and Chapter's Remedies. A "City Default" shall mean failure to
comply with any material provision of this Agreement within thirty (30) days after written
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notice of said specific non-compliance and the cure action requested. Chapter's sole
and exclusive remedies for a City Default shall be to either (a) sue for specific
performance or (b) terminate the Agreement and receive as liquidated damages an
amount equal to the prorated cost of the original improvements approved by City and
constructed by Chapter under this Agreement. The cost of the original improvements
(including the Learning Center) shall be the lesser of the actual out-of-pocket cost of
construction and the amount specified in Chapter's request for improvements approved
by the Director. The prorated amount shall be calculated using a fraction, the
numerator of which is the remaining unexpired portion of the original term of the
Agreement at the time of termination and the denominator of which is ten (10). In no
event shall City ever be liable to Chapter for exemplary or punitive damages.
IX. GENERAL PROVISIONS
9.01 Assignment by Chapter. Chapter shall not assign or transfer this Agreement
or any interest in this Agreement or any right herein without the prior written consent of
City.
9.02 Compliance with Laws. Chapter and every officer, employee, agent, contractor
and any person under Chapter's control shall abide by, conform to, and comply with all
laws of the United States and the State of Texas, and all the ordinances, rules or
regulations of City applicable to the design, construction, operation and maintenance of
the Designated Golf Courses (including without limitation, the Clean Water Act).
9.03 Copyright Indemnification. Chapter agrees to assume full responsibility for
complying with the Federal Copyright Law of 1978 (17 U.S.C. 101, et seq.) and any
regulations promulgated hereunder in connection with its activities in the Designated
Golf Courses under this Agreement, including but not limited to, the assumption of any
and all responsibilities for paying royalties that may be due to the copyright owner, or
representative of the copyright owner, for the use of copyrighted works, and Chapter
agrees to indemnify, defend, and hold harmless City, its officers and employees, for any
claims or damages growing out of Chapter's infringement or violation of the Federal
Copyright Law and any regulations promulgated hereunder.
9.04 Nondiscrimination. Chapter agrees that no person shall be denied
participation in its Program because of race, color, sex, age, sexual orientation,
religion, national origin, physical handicap or disability. Chapter further agrees to
comply with applicable laws, adopt good faith efforts and develop an employment
Program in hiring and contracting with historically underutilized local businesses
certified by City; and Chapter shall not discriminate against any applicant for
employment on the basis of race, color, sex, age, sexual orientation, religion, national
origin, or non-job related handicap or disability. Chapter shall also comply with all
applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. 3312101-
12213, as amended.
9.05 Notices. Any notice required or desired to be given under this Agreement shall
be in writing with copies directed as indicated herein and shall be personally served or
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given by mail. Any notice given by mail shall be deemed to have been given when
deposited in the U.S. mails, certified, return receipt requested, and postage prepaid,
addressed to the party to be served at the last address given by that party to the other
party under the provisions of this Article. Notice given by courier, fax, or other form of
personal delivery shall be deemed given only upon actual receipt. Any change in
address shall be promptly given in writing to the other party pursuant to this notice
provision. The initial addresses for notice are as follows:
City:
City of Corpus Christi
Attn: Director of Parks & Recreation
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
Chapter:
Daniel Florcyk, Executive Director
6838 Everhart Road, Unit 1012
Corpus Christi, TX 78413
Telephone: 361- 563-3117
iii ..~ .....
G^
With notice copy to:
Jason Luby, President
5866 S. Staples, #203
Corpus Christi, TX 78413
Telephone: 361- 980-1095
9.06 Place of Performance of Obligations and Venue. All obligations of City and
Chapter under this Agreement are payable and performable in Nueces County, Texas,
and venue for any legal actions arising out of this Agreement shall lie exclusively in
Nueces County, Texas.
9.07 Applicable Laws. This Agreement is made subject to the provisions of the
Charter and ordinances of City, as amended, and all applicable state and federal laws.
This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
9.08 Relationship of the Parties. Nothing contained herein shall be deemed or
construed by the parties hereto, nor by any third party, as creating the relationship of
principal and agent or of partnership or joint venture by the parties hereto, it being
understood and agreed that no provision contained in this Agreement nor any acts of
the parties hereto shall be deemed to create any relationship other than the relationship
of licensor and licensee.
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No term or provision of this Agreement or act of Chapter, its architect, construction
manager, contractor, subcontractors, officers, agents and employees or any person
under the control of Chapter in the performance of this Agreement shall be construed
as making that person the agent, servant or employee of City, or making that person
eligible for the fringe benefits, such as retirement, insurance and worker's
compensation, that City provides its employees.
9.09 Severability. In case anyone or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, the invalidity, illegality, or unenforceability shall not affect any other provision
thereof and that portion shall be deemed severed from this Agreement and the
remaining part shall remain in full force and effect and the parties shall promptly
negotiate to replace invalid or unenforceable portions that are essential parts of this
Agreement.
9.10 Legal Construction. This Agreement shall be fairly interpreted in accordance
with its terms and without any strict construction in favor or against either party hereto
and ambiguities shall not be construed against the drafting party. All references to
"Paragraphs', "Articles' or "Sections" contained in this Agreement are, unless
specifically indicated otherwise, references to provisions of this Agreement. Whenever
in this Agreement the singular number is used, the same shall include the plural where
appropriate (and vice versa), and words of any gender shall include each other gender
where appropriate. As used in this Agreement, the following words or phrases shall
have the meanings indicated: (i)"or" means "and/or"; (ii)"include," "including," and
their derivatives means "including without limitation"; and (iii)"laws" means statutes,
regulations, rules, judicial orders, and other legal pronouncements having the effect of
law.
9.11 No Implied Waiver. The failure of any party hereto to insist at any time upon the
strict performance of any covenant or Agreement or to exercise any option, right, power
or remedy contained in this Agreement shall not be construed as a waiver or
relinquishment thereof for the future. The waiver of redress for any violation of any
term, covenant, Agreement or condition contained in this Agreement shall not prevent
a subsequent act, which would have originally constituted a violation, from having all the
force and effect of an original violation. No express waiver shall affect any condition
other than the one specified in such waiver and only for the time and in the manner
specifically stated.
9.12 Cumulative Remedies. Each right, power, and remedy of City provided for in
this Agreement or now or hereafter existing at law or in equity or by statute or
otherwise shall be cumulative of, concurrent with and in addition to every other right,
power, or remedy provided for in this Agreement or now or hereafter existing at law or
in equity or by statute or otherwise. The exercise or beginning of the exercise by City of
anyone or more of the rights, powers, or remedies provided for in this Agreement or
now or hereafter existing at law or in equity or by statute or otherwise shall not preclude
the simultaneous or later exercise by City of any or all of those other rights, powers, or
remedies.
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9.13 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
9.14 Captions. Captions and headings of the paragraphs or sections of this
Agreement are for convenience and reference only and shall not affect, modify or
amplify the provisions of this Agreement, and shall not be employed to interpret or aid
in the construction of this Agreement.
9.15 No Third Party Beneficiaries. The provisions of this Agreement are solely for
the benefit of Chapter and City, and not intended to create or grant any rights,
contractual or otherwise, to any employee of either party or to any other person or
entity; and that employee, other person or entity shall not have any right of enforcement
of this Agreement or any provision contained herein, that right of enforcement being
exclusively reserved to Chapter and City as the sole parties to, and sole beneficiaries
of, this Agreement.
9.16 Late Charge and Interest. In the event Chapter fails to make any payment to
City due under this Agreement upon the date due, City shall be entitled to collect from
Chapter a late charge for each delinquent payment as required by the City Code, as
amended. In the event City pays any sum or incurs any expense that Chapter is
obligated to pay under this Agreement, or that is made on behalf of Chapter, City shall
be entitled to receive reimbursement thereof from Chapter upon demand, together with
interest thereon from the date of expenditure at the lesser of eighteen percent (18%) per
annum or the maximum rate allowed by applicable law to be charged by City or
Chapter. Notwithstanding the foregoing provisions, any interest provided herein shall
not exceed the maximum amount of nonusurious interest that may be contracted for,
taken, reserved, charged, or received under law. Any interest in excess of the
maximum amount shall be credited to the amounts otherwise owed under this
Agreement, or if none is owed, refunded. This provision overrides any conflicting
provision in this Agreement.
9.17 Time of Essence. Time is expressly declared to be of the essence of this
Agreement and each and every covenant hereunder.
9.18 Entire Agreement. This Agreement embodies the complete Agreement of the
parties hereto, superseding all oral or written previous and contemporary Agreements
between the parties and relating to matters in this Agreement, and except as otherwise
proVided herein cannot be modified without written Agreement of the parties to be
attached to and made a part of this Agreement.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
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Page 17 of 20
EXECUTED IN DUPLICATE, each of which will be considered an original, on this
the_ day of , 2005, by City, signing by and through its City
Manager duly authorized to execute same by Ordinance No. , adopted by the
City Council on the _ day of , 2005, and by Chapter, acting through its duly
authorized officials. As required by City Charter, the effective date (
) is the 61 st day after the adoption by City Council on second and
final reading of the ordinance authorizing the execution of this Agreement.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
28
~D AS TO LEGAL FORM 41tFebruary 2005.
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attomey
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on the _day of
2005, by George K. Noe, as City Manager, or
City Manager's designee, as Assistant City Manager, of the City of Corpus Christi,
Texas, a Texas home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed Name
My Commission Expires:
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Page 18 of 20
CHAPTER:
THE TIGER OLIVAREZ GOLF AND LITERACY ACADEMY, INC.,
a Texas non-profit corporation, qualified as a
501 organization tler 26 U.S.C. ection 501 (c) (3)
By:
.::Jr
Title: President
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on ~~ ~ S , 2005, by
. (leu> Qn.J = \:h.. ,President f THE TIGER OLIVAREZ
GOLF AND LITE C'f.ACADEMY, INC., a Texas non-profit corporation, on behalf of
said corporation.
Notary Public, State of Texas
'V.Jv
~ c.J..~iu
-
KQ1""k
Q K.CHUTE
~ Notary Public
.~. State of Texas . .
~ My Comm. Exp. 0310612008 :
Printed Name
My Commission Expires: 1 )1.lVl c.-t, L J..CD g
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Page 19 of 20
EXHIBIT "An
COORDINATION AND PROGRAM FEATURES
Chapter's programs at a Designated Golf Course will be coordinated through the
Head Golf Pro. Coordination and program features will include the following:
1. Chapter shall have a minimum of 250 hours of instructional time per year at the
Designated Golf Course, excluding the regulation 18 hole course.
2. Clinics and classes will be scheduled by Chapter's director of programming
directly with the Head Golf Pro. In order to ensure the minimum 250
instructional hours per year, Chapter shall submit its program schedule request
by January 1 of each year for approval by the Head Golf Pro.
3. The ratio of instructors (including staff and volunteers) to participants shall be a
minimum of one instructor for every ten youth participants (1:10), unless
specifically approved by the Head Golf Pro.
4. Chapter director of programming and/or the Chapter's designated staff and
volunteers will provide golf and life skills instruction to participants; and the
instructors may include those from the Designated Golf Course, other area
courses and the South Texas PGA.
5. Driving range use fees for Chapter participants shall be offered at an appropriate
discounted price as agreed by Director.
6. Chapter participants will be provided a Chapter card to enable them to enjoy the
privilege of discounted play at the Designated Golf Course subject to certain
policies and restrictions as follows:
a. Chapter will provide participants with appropriate training and orientation with
respect to course rules and golf etiquette prior to course play.
b. It is requested to call in advance to confirm course availability. All play is subject
to tournaments and other events that may be scheduled from time to time at a
particular course.
c. All times that Chapter will be using the course, driving range or clubhouse
facilities shall be coordinated in advance with the Head Golf Pro. City will
provide up to sixteen (16) certification rounds of golf at no cost for each qualified
Chapter youth participant wishing to obtain certification under Chapter's
curriculum. During certification rounds, Chapter will provide one (1 )adult
volunteer per four (4) youths. Volunteers will be non-playing, and no fees will be
assessed during the certification rounds.
d. For all other rounds not in conjunction with either instructional or certification
rounds, (1) junior fees shall be charged and (2) except for Chapter participants
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Page 20 of 20
certified at the Champion, Eagle, Birdie, or Par level, one adult companion per
one to four youths is required while playing on the course.. Adult companions
pay the late twilight green fee at the time of play.
e. June through August, Monday - Thursday, 11 am - 3 pm, green fees are waived
for junior participants, and the adult companions pay the late twilight green fee at
the time of play.
f. All play is subject to all course rules and good golf etiquette. Director or the
Head Golf Pro may revoke and/or modify said playing privileges for any
participant at any time for just cause.
g. These rounds of golf for Chapter participants are not transferable to any other
golfer. Neither Chapter nor its participants shall have any property right in or to
said rounds of golf.
h. As requested by the Head Golf Pro, the Chapter director of programming will
provide the Head Golf Pro a roster of all Chapter participants and keep that
roster continuously updated.
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11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 29. 2005
AGENDA ITEM: Amending the Section 10-86, Code of Ordinances, City of Corpus Christi,
and the Corpus Christi, Texas, Dune Protection and Beach Access Regulations to adopt
the City of Corpus Christi Beach User Fee Plan; increasing the beach parking permit fees;
providing for penalties; providing for severance; and providing for publication.
ISSUE: A formal request was made to the Texas General Land Office (GLO) dated
October 19, 2004, requesting approval of an increase in the beach user fees imposed by
the City of Corpus Christi, the City of Port Aransas, and Nueces County from $6.00 to
$12.00 per calendar year. The General Land Office ("GLO") is requiring us to amend the
City's GLO approved Dune Protection and Beach Access Plan, and adopt a beach user fee
plan. The proposed Amendment to Section 10-86, Code of Ordinances, City of Corpus
Christi will provide appropriate modifications to be consistent with state law.
REQUIRED COUNCIL ACTION: Amendments to a City ordinance requires Council
approval.
PREVIOUS COUNCIL ACTION: Ordinance 021721, July 23, 1993
Ordinance 021722, July 23, 1993
Ordinance 024734, January 15, 2002
Ordinance 024736, January 22, 2002
Resolution 024775, February 19, 2002
Ordinance 024808, March 26, 2002
Ordinance 025260, April 15, 2003
Ordinance 02526, April 15, 2003
Resolution 025754, May 11, 2004
CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance as
presented.
/2;
S y G Iik, Director
Parks and Recreation Department
J~/OJ
Attachments: Background Information
BACKGROUND INFORMATION
At the request of the General Land Office, the City of Corpus Christi, the City of Port
Aransas, and Nueces County, under an interlocal agreement (Ordinance No. 24734),
established the Mustang Island North Padre Island Beach Parking System in January of
2002. Under the unified beach parking permit system, beach users who purchase a beach
parking permit are entitled to park on any of the beaches that require a beach parking
permit within the three jurisdictions, as well as on no-fee beach areas designated in each
jurisdiction. The revenues received are distributed between the jurisdictions based on the
number of linear feet within each Nueces County's portion based on the number of linear
feet of County beach parkland within both cities.
The City's current GLO approved Dune Protection and Beach Access Plan (Chapter 10,
Code of Ordinances and published separately as the Corpus Christi, Texas, Dune
Protection and Beach Access Regulations, which contain the appendices) does not specify
a specific beach parking permit fee, and does not have a separate "beach user fee plan,"
but does have a general procedure for setting the fees. This procedure was developed to
avoid the lengthy process involved with getting a plan amendment approved. Our
procedures were approved by the GLO and Attorney Generals staffs in 2002. Section 2 of
Ordinance No. 24779, which amended the City's beach user fee procedures, did the initial
beach parking permit fee, but did not include it as part of the actual plan. The current $6.00
fee was approved by the GLO and Attorney Generals staffs at the time. However, the
current GLO staff is now reading the GLO rules as requiring the fees to be part of the
actual GLO approved plan, and is requiring the three jurisdictions that are part of the
interlocal agreement to amend their plans to show the increase. (The GLO did not require
plan amendments when the interlocal agreement and $6.00 beach parking permit fees
were put in place, even though it was a change in the cost for Nueces County.) The
proposed ordinance adopts a beach user fee plan as an appendix to the Corpus Christi,
Texas, Dune Protection and Beach Access Regulations. It contains the information we are
required to submit to GLO when we apply for the initial beach user permit fees and
increases. As drafted it reflects the City's current beach operation and maintenance
practices.
AN ORDINANCE
AMENDING THE SECTION 10-86, CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, AND THE CORPUS CHRISTI, TEXAS, DUNE
PROTECTION AND BEACH ACCESS REGULATIONS TO ADOPT THE
CITY OF CORPUS CHRISTI BEACH USER FEE PLAN; INCREASING
THE BEACH PARKING PERMIT FEES; PROVIDING FOR PENAL TIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 10-86 is amended by adding a new subsection (d) to read as
follows:
"Sec. 10-86. Beach user fees.
*
*
*
*
*
"(d) Appendix XVII contains the City of Corpus Christi Beach User Fee Plan, as required
by Section 15.8(d), Title 31, Texas Administrative Code."
SECTION 2. The Corpus Christi, Texas, Dune Protection and Beach Access Regulations,
as adopted by Ordinance 022164 on February 28, 1995, is amended by adding at
Appendix XVII, City Of Corpus Christi Beach User Fee Plan to read as follows:
"APPENDIX XVII
"CITY OF CORPUS CHRISTI BEACH USER FEE PLAN
"(1) Description of the current beach access system within the City of Corpus Christi, as
demonstrated through evidence such as photographs, surveys, and statistics regarding
the number of beach users:
· "Beach Access Road # 1 (maintained by City of Port Aransas).
· "Beach Access Road #1A (maintained by City of Port Aransas).
· "By traveling south along the beach from Beach Access Road # 1A, which is in
and maintained by the City of Port Aransas. There are 3.73 miles of beach
between the Port Aransas city limits and Beach Access Road #2. The City of
Corpus Christi requires a beach parking permit on this stretch of beach.
· "Beach Access Road # 2 (maintained by City of Corpus Christi). From the
intersection of Beach Access Road #2 a person can travel north to the City of
Port Aransas and south to the northern Fish Pass jetty in Mustang Island State
Park. There are 3.73 miles of beach within the City of Corpus Christi north of
this access road and 1.57 miles of no fee beach within Mustang Island State
R54202A3.doc
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Park. The City of Corpus Christi has designated the 0.44 miles of beach
between this access road and the northern boundary of the State Park as a no-
fee beach.
· "Mustang Island State Park Entrance Road, which is located within Mustang
Island State Park, an exempt area. An entrance fee is required. This provides
access to beaches between the Fish Pass south jetty and the barriers north of
Beach Access Road # 3. There are 2.26 miles of state park fee beach serviced
by the entrance road.
· "Beach Access Road # 3 (maintained by Mustang Island State Park). From
Beach Access Road # 3 a person can travel south along the beach. There are
2.03 miles of beach between Beach Access Road # 3 and the Newport Beach
Access Road. The first 1.24 miles south of the access road are within the State
park. The next 0.79 miles of beach is owned and maintained by Nueces
County. Nueces County requires a beach parking permit on this 0.79 mile
stretch of beach.
· "Newport Pass Beach Access Road (maintained by Nueces County). There are
1.20 miles of beach between Newport Pass Beach Access Road and Zahn
Road. The first 0.79 miles of beach is owned and maintained by Nueces
County, as part of the Beattie Natural Area. The next 0.41 miles of beach is
under private ownership. Nueces County currently requires a beach parking
permits for the 0.79 miles of beach that is owned by the County. The City of
Corpus Christi requires a beach parking permit on the 0.41 mile stretch of beach
under private ownership.
· "Zahn Road (maintained by City of Corpus Christi). There are 0.08 miles of
beach between Zahn Road and the Packery Channel North Jetty. The City of
Corpus Christi requires beach parking permits on this stretch of beach.
· "Beach Access Road # 3-A via Windward Drive (maintained by City of Corpus
Christi). There are 0.35 miles between the Packery Channel South Jetty and
Beach Access Road # 3-A, and there are 0.81 miles of beach between Beach
Access Road # 3-A and Whitecap Boulevard. The beach between Beach
Access Road # 3-A and Whitecap Boulevard is in seaward of the North Padre
Island Seawall. This stretch of beach is frequently closed to vehicle traffic due
high water conditions. The City of Corpus Christi requires beach parking
permits on this stretch of beach during periods the beach is open to vehicular
traffic.
· 'Whitecap Boulevard (maintained by City of Corpus Christi). This access road
marks the southern end of the seawall. There are 0.21 miles of beach between
Whitecap Boulevard and Beach Access Road #4. The beach is owned by the
General Land Office. The City of Corpus Christi requires beach parking permits
on this stretch of beach.
R54202A3.doc
3
· "Beach Access Road # 4 (owned and maintained by Nueces County). This
beach access road is the northern end of Padre Balli Park, which is owned and
maintained by Nueces County. There are 2.43 miles of beach between Beach
Access Road # 4 and Beach Access Road # 6. Nueces County requires a
beach parking permit on 0.94 miles of beach. 0.29 miles of this stretch are
designated as no-fee beach.
· "Beach Access Road # 5 (owned and maintained by Nueces County). This
beach access road is within Padre Balli Park, owned and maintained by Nueces
County.
· "Padre Balli Park Entrance Road (owned and maintained by Nueces County).
This beach access road is within Padre Balli Park, owned and maintained by
Nueces County.
· "Beach Access Road # 6 (Owned and maintained by Nueces County). This
beach access road is the southem end of Padre Balli Park, owned and
maintained by Nueces County. There are 8.08 miles of beach between Beach
Access Road #f3 and the north beach access road within Padre Island National
Seashore (PINS). Beach parking permits are currently required on the 0.23
mile stretch of beach in Nueces County and 1.57 miles of beach in Kleberg
County. There are 7.85 miles of beach in Kleberg County that are not in PINS,
and 1.20 miles of beach within PINS. The City of Corpus Christi has designated
0.10 miles of beach in Kleberg County as a no-fee beach.
· "Beach Access Road "North" (located within Padre Island National Seashore,
an exempt area). No entrance fee required. The beach is barricaded by PINS
south of this access road.
"Tab 1 is an aerial photograph that shows the locations of the beach access roads
and identifies the fee vs. no-fee beaches within the City of Corpus Christi.
"Appendix VII, City of Corpus Christi Dune Protection and Beach Access
Regulations identifies the fee vs. no-fee beaches.
"Approximately 8 - 12 million visitors use these beaches on Mustang and North
Padre Islands each year. However, there are no available vehicle traffic counts on
the access roads.
"(2) List and description of all existing beach user fees charged by the local government
and by all other local governments in the same county:
"City of Corpus Christi -- $12.00 per calendar year.
"City of Port Aransas -- $12.00 per calendar year
"Nueces County -- $12.00 per calendar year.
R54202A3 doc
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"Kleberg County - None
"(There are 1.58 miles of beach in Kleberg County within the City of Corpus Christi.
The southern most 0.10 mile, which abuts the unrestricted beach in Kleberg
County, has been designated as a no-fee beach.)
"(3) Provide all legal authority, including local ordinances that authorize the collection of
existing beach user fees:
"Article VI, Chapter 10, Code of Ordinances, City of Corpus Christi, authorizes the
collection of beach user fees. This article is part of the City of Corpus Christi's
General Land Office approved Dune Protection and Beach Access Plan, which the
City of Corpus Christi refers to as the City of Corpus Christi Dune Protection and
Beach Access Regulations.
"The governing bodies of the City of Corpus Christi, City of Port Aransas, and
Nueces County have executed an interlocal agreement relating to the Mustang and
North Padre Island Beach Parking Permit System. Appendix VII, City of Corpus
Christi Dune Protection and Beach Access Regulations contains a copy of the
interlocal agreement; the first amendment to Attachment C of the interlocal
agreement, which is the Mustang and North Padre Island Beach Parking Permit
System Standard Operating Procedures, and which sets the fee upon TGLO
approval.
"(4) Analyze and state of how the proposed user fee is or is not consistent with state
standards in TGLO regulations for preserving and enhancing public beach access
"The Mustang and North Padre Island Beach Parking Permit System fees only
apply to vehicles that are parked on certain beaches within the three jurisdictions.
No beach parking permit fees will be collected from vehicles parked on "no fee
beaches", including the beach in Port Aransas between the jetty and Caldwell Pier
(I. B. McGee County Park) and between mile marker 52 and mile marker 58, the no
fee beaches within Mustang Island State Park, the beach between the northern
boundary of Mustang Island State Park and Beach Access Road # 2, the no fee
portions of the beaches within Nueces County's Padre Balli Park (paved parking
areas between the road and sand), and 0.10 miles of beach located within the area
of the City of Corpus Christi that is within Kleberg County.
"A beach parking permit is not required for pedestrian access to any beaches within
the three jurisdictions, nor is a fee required to drive on any beaches.
"The revenues from beach user fees will be used only for beach-related services,
as defined in 30 TAC 15.2(11), including costs relating to:
· "Ensuring safe use of and access to and from the public beach, including
vehicular controls, management, and parking regulations.
· "Acquisition and maintenance of off-beach parking and access ways.
R54202A3.doc
5
· "Sanitation and litter control, including providing and servicing trash
receptacles.
· "Providing lifeguard and lifesaving services.
· "Beach maintenance, including removal of debris and relocation of
seaweed.
· "Law enforcement.
· "Beach nourishment projects.
· "Beach/dune system education.
· "Beach/dune protection and restoration projects.
· "Providing public facilities such as portable restrooms, showers, and
picnic areas.
· "Permitting of recreational and refreshment vendors.
"Not more than 10% of the beach parking permit revenues will be used for
reasonable administrative costs directly related to beach-related services. Both
cities and Nueces County will send quarterly reports to the General Land Office
stating the amount of beach user fee revenues collected and itemizing how beach
user fee revenues are expended.
"In the 28.77 miles of beach between the South Jetty at Port Aransas and the north
beach access road in Padre Island National Seashore, there will be over 11.1 miles
of free beach (38.6%) available to the public.
"(5) Describe how the beach user fee relates to beachfront construction, vehicular
controls, and parking, and dune protection within the City of Corpus Christi:
"The Mustang and North Padre Island Beach Parking Permit System beach user
fees do not directly relate to beachfront construction. The beach user fees are
used to fund some of the costs incurred by the jurisdictions to control vehicular
traffic, particularly during high use periods. The beach user fees only have a
tangential effect on dune protection. The beach user fees enhance dune protection
through the jurisdictions' beach/dune system education efforts (including warning
signs and information kiosk), law enforcement activities (including enforcing
prohibitions on operating vehicles within the dunes), and through beach/dune
protection and restoration projects (inCluding the use of Christmas trees and
seaweed to create new coppice dunes).
R54202A3.doc
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"(6) State any short-term or long-range goals relating to the collection and use of beach
user fees:
"Short term goals. If there are adequate revenues, which are dedicated to beach
related services (including the beach parking permit fees, grants from the Texas
General Land Office for beach cleaning and maintenance under their Beach
Maintenance Reimbursement Fund Program, and municipal hotel tax revenues
collected under s351.107(e), Texas Tax Code), the City will use the beach parking
permit fees to try to maintain and enhance the following level of beach services:
"Trash collection-
"Trash cans are available every 1/10 mile during peak and off-peak
seasons. The number of trash cans at most 1/10 mile markers is
increased during the peak season.
"Trash is collected twice a week on Mondays and Fridays during
peak and off-peak seasons.
"Trash is collected daily on holidays weekends, during special events,
and other weekends during the peak season with heavy beach use.
"Loose trash on the sand is picked up on a daily basis.
"Servicing portable sanitary facilities __
"Portable sanitary facilities are provided on beaches maintained by
City during the peak season.
"Portable sanitary facilities are provided between the Port
Aransas city limits and Access Road 2.
"No portable sanitary facilities are provided between Access
Road 2 and Mustang Island State Park.
"Portable sanitary facilities are provided between the southern
boundary of the Nueces County's Newport Pass properly and
Zahn Road.
"Portable sanitary facilities are provided between the Zahn
Road and the north end of the Padre Island seawall.
"Portable sanitary facilities are provided between south end of
the Padre Island seawall and Padre Balli Park.
"No portable sanitary facilities are provided south of Padre
Balli Park.
R54202A3.doc
R54202A3.doc
7
"During the off-season, a limited number of portable sanitary facilities
are provided between the Port Aransas city limits and Access Road 2
and between the southern boundary of the Nueces County's Newport
Pass property and Nueces County's Padre Balli Park..
"The portable sanitary facilities are pumped out twice a week during
the peak season and once a week during the off-peak season.
"The portable sanitary facilities are cleaned on a daily basis.
"Beach cleaning, including removal of heavy seaweed-
"The beaches are cleaned on a daily basis.
"Extra effort expended before Spring Break, holiday weekends, and
special events.
"Extra effort expended during periods with heavy inundation of
seaweed.
"Law enforcement, including animal control and fire prevent -
"Beaches are patrolled by random ad hoc police patrols during each
twenty four hour period during off-peak season.
"Frequency of random ad hoc police patrols is increased during peak
season, with a heavier police presence during high use periods.
"Special traffic/crowd control measures are implemented during high
use periods, especially during Spring Break, holiday weekends, and
special events.
"Lifeguard, lifesaving, and emergency medical services-
"Provided between hours of 12 noon and 6:00 p.m., seven days a
week during Spring Break and from Memorial Day weekend through
Labor Day.
"Provided between hours of 12 noon and 6:00 p.m., on weekends
during September and October.
"Notes:
"Peak season is from March 1 to October 31.
"Off-peak season is from November 1 to the last day of February.
8
"If there are inadequate revenues to meet the City's short term goals,
the City will adjust the level of beach related services that are
provided.
"The City will try to maintain the highest level of services on
the following beaches maintained by the City:
"The beaches in front of the condominium projects that
generate the municipal hotel tax revenues collected
under 9351.1 07(e), Texas Tax Code. These are the
beaches between the Port Aransas city limits and
Beach Access Road # 2.
"The beaches between the Nueces County Newport
Pass beach and Nueces County's Padre Balli Park.
These beaches have the highest usage.
"The beaches between Beach Access Road # 2 and Mustang
Island State Park will be assigned the next priority.
"The beaches in Kleberg County will be assigned the lowest
priority.
"Long term goals. If there are adequate revenues, which are dedicated to beach
related services (including the beach parking permit fees, grants from the Texas
General Land Office for beach cleaning and maintenance under their Beach
Maintenance Reimbursement Fund Program, and municipal hotel tax revenues
collected under 9351.107(e), Texas Tax Code), to meet the City's short term beach
services goals, the City will use a portion of the beach parking permit fees to
establish a beach services trust fund that can be used for the following beach
related projects:
"Provide all weather off-beach parking area adjacent to seawall on North
Padre Island
"Provide improved recreational amenities as part of North Padre Island
Storm Protection and Restoration Project
"Create and delineate pedestrian safe areas
"Acquire and construct additional beach access, including construction of
roads and pedestrian dune walkovers available to the public
"Create additional off beach parking areas
"Establish a program for the periodic replacement and upgrading of vehicles
and equipment used to provide beach related services."
R54202A3.doc
9
SECTION 3. The fee schedules for beach parking permits prepared by the City Manager
under Section 1 0-86(a)(1), Code of Ordinances, shall impose a fee of $12.00 per calendar
year, for each vehicle parked on a public beach within the city, except within the Mustang
Island State Park or any area designated as a free beach areas in Appendix VII of the City
of Corpus Christi, Texas, Dune Protection and Beach Access Regulations.
SECTION 4. This ordinance goes into effect upon the General Land Office's certification
for consistency, under ~15.8(e) ofTitle 31 of the Texas Administrative Code, of the $12.00
beach parking permit fee, the amendments to Section 10-86, Code of Ordinances, and the
addition of Appendix XVII to the City Of Corpus Christi, Texas, Dune Protection And
Beach Access Regulations.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word, or provision of
this ordinance be given full force and effect for its purpose.
SECTION 6. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R54202A3.doc
10
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of , 2005, by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Javier D. Colmenero
Rex A. Kinnison
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2005 by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
day of
,2005.
Armando Chapa
City Secretary
Iii
APPROVED: d- 'i day of IP/a i/'C-7
Samuel L. Neal, Jr.
Mayor
,2005:
R54202A3 doc
10
12
AGENDA MEMORANDUM
April 12, 2005
SUBJECT: McArdle Road Street Imps. (#6146) Ph. 3, Everhart to Holmes Dr.
Disposition of Surplus Property
AGENDA ITEM:
A. Public Hearing to consider vacating and abandoning 12 parcels of unimproved
street right-of-way out of Windsor Park Unit 4 Subdivision (Volume 15, Pages 18-
19, ofthe Map Records of Nueces County Texas), all located on the north side of
McArdle Road between Everhart and Holmes Dr., in connection with the McArdle
Road Street Improvement Project (Bond 2000).
B. Ordinance vacating and abandoning 12 parcels of unimproved street right-of-way
out of Windsor Park Unit 4 Subdivision (Volume 15, Pages 18-19, of the Map
Records of Nueces County Texas), all located on the north side of McArdle Road
between Everhart and Holmes Dr., in connection with the McArdle Road Street
Improvement Project (Bond 2000).
C. Ordinance declaring 28 parcels of land as surplus property which are located
along the north and south sides of McArdle Road, between Everhart and Holmes
Drive, all considered remainders from the McArdle Road Street Improvement
Project (Bond 2000).
D. Ordinance approving the conveyance of 28 parcels of surplus property remaining
from the McArdle Street Improvement Project to each adjacent property owner in
exchange for their perpetual maintenance of the property, and authorizing the
City Manager or his designee to execute Special Warranty Deeds for the
properties along the south side of McArdle Road and Quitclaim Deeds for
properties along the north side, and declaring an emergency.
ISSUE: The City has recently completed the widening of McArdle Road (Phase 3) located
between Everhart Road and Holmes Drive. Due to the realignment of the new section of
street right of way, twenty eight (28) parcels of land of varying widths will not be needed
and declared surplus property. City staff recommends conveying these parcels to the
adjoining property owners at no cost to them. The landowners will perpetually maintain
these areas in lieu of compensation to the City. In addition to these conveyances, the City
will also re-plat each property to include the newly added parcel width.
To begin the process of conveyance, a public hearing will be held to close and vacate 12
parcels of right of way on the north side of McArdle Rd. acquired by street dedication from
the Windsor Park Unit 4 Subdivision plat. Sixteen (16) parcels located along the south
side of McArdle Rd. that were not needed for the street project, will then be declared
surplus property together with the 12 vacated properties on the north side. All twenty eight
parcels (28) will then be conveyed to the adjacent landowners by Quitclaim or Special
Warranty Deeds at no cost to them. For purposes of producing clear title and correct lot
description, the City will also re-plat each of the twenty-eight properties for the landowners.
The re-plat map will contain a new lot number and will show the newly added area along
with the required side setback.
REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three
ordinances as submitted.
FUNDS: No funding required.
RECOMMENDATION: Staff recommends the approval of the ordinances as presented.
r
1rI? !:Jf..lu/ f/7/A-
Altai R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Council Exhibit (R.OW. to Vacate & Abandon)
Exhibit C. Council Exhibit (Property Disposition)
H:\HOME\EUSEBIOG\GEN\Agenda Items\McArdle Rd St Imps. Conveyance of Surplus Props\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: McArdle Road Street Imps. (#6146), Phase 3, Everhart to Holmes Drive
Disposition of Surplus Property
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant to
Section 4A of the The Development Corporation Act as approved by the voters in
Propositions 4 and 5. (Ordinance No. 024269)
2. March 27. 2001 - Motion authorizing the City Manager or his designee to execute an
engineering services contract in the amount of $229,195 with Govind and
Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from
Everhart Road to Holmes Drive. (Motion No. M2001-124)
3. February 26,2002 - Motion authorizing the City Manager or his designee to execute
a contract amendment granting permission for Govind E.C. to assume all the
obligations and duties of engineering contracts between the City of Corpus Christi
and Govind & Associates, Inc. (Motion No. M2002-059)
4. Auaust 20, 2002 - Motion authorizing the City Manager or his designee to execute
Real Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi
Garcia for Parcel 4, Mary Pefia for Parcel 5, Benjamin De La Rosa and wife, Eunice
De La Rosa for Parcel 6, Anita Carrol Frees-Foster for Parcel 7, Becky Fair for
Parcel 13, Richard T. Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan
Ledesma and wife, Dahlia Ledesma for Parcel 15, all necessary for the McArdle
Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No.
C-6, and for other municipal purposes. (Motion No. M2002-268)
5. Auqust 27,2002 - Motion authorizing the City Manager or his designee to execute a
Real Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus
$1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance for Parcel 10, all necessary for the McArdle Road Street
Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for
other municipal purposes. (Motion No. 2002-271)
6. September 17, 2002 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Cheryl L. Flores in the amount of $ 56,000
plus $1,500 in closing costs and an additional amount not to exceed $5,250 for
relocation assistance for Parcel 16 and with Hesiquio Rodriguez and wife Eva Maria
Rodriguez in the amount of $82,000 plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance, all necessary for the
McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000,
Exhibit A
10f4
Project No. C-6, and for other municipal purposes. (Motion No. 2002-212 & 2002-
213)
7. September 24. 2002 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Adan Martinez and wife Maria Martinez in
the amount of $ 62,000 plus $1,500 in closing costs and an additional amount not to
exceed $22,500 for relocation assistance for Parcel 9 and with Eric Barnes and wife,
Maria Barnes in the amount of $67,000 plus $1,500 in closing costs and an
additional amount not to exceed $5,250 for tenant relocation assistance, all
necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146),
Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No.
2002-324)
8. November 12. 2002 - Motion authorizing the City Manager or his designee, to
execute a Real Estate Sales Contract with Gus Montis , in the amount of $121 ,500
plus $1,500 in closing costs and an additional amount not to exceed $10,000 for
relocation assistance to cover moving costs and incidental expenses in connection
with a replacement business property, all for the purchase of fee simple property
rights for Parcel 2 , being all of Lot 12, Block 1, Mount Vernon Subdivision, with
street address of 4902 Everhart Road, necessary for the McArdle Road Street
Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for
other municipal purposes. (Motion No. 2002-373)
9. November 19, 2002
(A) Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to
determine the feasibility of dedicating a .2428 acre strip of land from parkland known
as Mount Vernon Park, necessary for a Right-of-Way Easement In connection with
the McArdle Road Street Improvement Project, Phase 3 (#6146),
Bond Issue 2000, Project No. C-6.
(B) Ordinance authorizing a Right-of Way Easement to the public for dedication
of right-of-way through parkland known as Mount Vernon Park necessary for the
McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000,
Project No. C-6, and declaring an emergency. (Ordinance No. 025113)
(C) Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to
determine the feasibility of dedicating a .0337 acre strip of land from parkland
known as Lions Park, necessary for a Right-of-Way Easement in connection with
the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue
2000, Project No. C-6.
(D) Ordinance authorizing a Right-of-Way Easement to the public for dedication
of right-of-way through parkland known as Lions Park necessary for the McArdle
Road Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6,
and declaring an emergency. (Ordinance No. 025114)
Exhibit A
20f4
10. January 14, 2003 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Gloria Justus, in the amount of
$53,000 plus $1,500 in closing costs and an additional amount not to exceed
$22,500 for the relocation assistance to cover moving costs and incidental
expenses in connection with a replacement dwelling all for the purchase of fee
simple property rights for Parcel 8, being all of Lot 13, Block 4, Mount Vernon
Subdivision, with a street address of 4902 Waltham, necessary for the McArdle
Road Street Improvement Project, Phase 3, Bond Issue 2000, Project No. C-6,
and for other municipal purposes. (Motion No. 2003-015)
11. January 14. 2003 - Resolution authorizing condemnation proceedings by the
City to condemn fee simple title to Parcel 12, being all Lot 1, Block 6, Mount
Vernon Subdivision Unit 2, from the owners, Gilbert Arispe, and wife, Frances
Arispe and recognizing the public necessity of acquiring the property for the
construction of street and utility improvements in connection with the McArdle
Road Street Improvement Project, Phase 3, Bond Issue 2000, Project C-6, and
for other municipal purposes. (Resolution No. 025155)
12. February 11. 2003-
Motion authorizing the City Manager or his designee, to execute a Real Estate Sales
Contract with Gilbert Arispe and wife, Frances Arispe in the amount of $57,800
plus $1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance to cover moving costs and incidental expenses in connection
with a replacement dwelling, all for the purchase of fee simple property rights for
Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, with street
address of 4902 Lansdown, necessary for the McArdle Road Street Improvement
Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal
purposes. (Motion No. M2003-056)
FUTURE COUNCIL ACTION: None
OVERVIEW:
BackQround: On November 7,2000, the City of Corpus Christi held an election to
consider a number of ballot propositions to fund major capital improvements for the
community. This Bond Issue 2000 package included $30.8 million in projects of
various kinds. The McArdle Street Improvement Project, Bond Issue Project No. C-
6, was included in this package. This project involved reconstruction and widening
2800 linear feet of McArdle Road from Everhart Road to Holmes Drive. This street
improvement project also involved the removal of all existing curbs and gutters,
driveways, sidewalks and the construction of a new street, 67 feet wide, to
accommodate two moving lanes in each direction and a center left turn lane. This
project is now completed and was formally dedicated on March 22, 2005.
Due to the realignment of McArdle Road there will be strips of land which on both the
north and south sides which will be dedicated to the adjacent property owners. The
properties on the north side contain right of way that was acquired by the City as a
Exhibit A
30f4
result of the platting of the Windsor Park Unit 4 subdivision. This excess right of way
requires closing and vacating prior to declaring it surplus property. A public hearing
will first be held to formally close and vacate twelve (12) parcels of land as shown on
the attached Exhibit B. These twelve parcels along with sixteen parcels on the south
side, all shown on Exhibit C, will declared as surplus properties and will be conveyed
to the adjacent property owners. The City will also re-plat these twenty eight
properties for the landowners at no cost to them.
H:\HOME\EUSEBIOG\GEN\Agenda Items\McArdle Rd St Imps. Conveyance of Surplus Props\Background.doc
I
Exhibit A
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McARDLE ROAD STR. IMP.
City Council Exhibit
Department of Engineering Services
R.G. W. TO VACATE & ABANDON
City of Corpus Christi, Texas
Date: 03-14-2005
Page: 1 of 1
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McARDLE ROAD STR. IMP.
PROPERTY DISPOSITION
City Council Exhibit
Department of Engineering Services
City of Corpus Christi, Tcxas
Date: 03-14-2005
Page: 1 of]
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AN ORDINANCE
ABANDONING AND VACATING 12 PARCELS OF UNIMPROVED
STREET RIGHT-OF-WAY OUT OF WINDSOR PARK UNIT 4
SUBDIVISION, ALL LOCATED ON THE NORTH SIDE OF MCARDLE
ROAD BETWEEN EVERHART AND HOLMES DRIVE, IN CONNECTION
WITH THE MCARDLE ROAD STREET IMPROVEMENT PROJECT;
AND DECLARING AN EMERGENCY.
WHEREAS, there are 12 parcels of unimproved street right-of-way out of Windsor Park
Unit 4 Subdivision, all located on the north side of McArdle Road between Everhart and
Holmes Drive, as shown on the attached Exhibit, and as recorded in Volume 15, Pages
18-19, Map Records Nueces County, Texas, that the owner, City of Corpus Christi,
(Owner), wishes to have abandoned and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
public right-of-way for all purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 12 parcels of unimproved street right-of-way out of Windsor Park,
Unit 4 Subdivision, all located on the north side of McArdle Road between Everhart and
Holmes Drive, as shown on the attached Exhibit, and as recorded in Volume 15, Pages
18-19, Map Records Nueces County, Texas, are abandoned and vacated for public use
as public right-of-way, subject to Owner's compliance with the following specified
conditions as part of the abandonment and vacation:
1. Fair market value is waived because the City initiated the process in connection
with the McArdle Road Street Improvement Project.
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 12th day of April, 2005.
H:ILEG-DIRVosephIORD-McArdle-av.doc
ATTEST:
Armando Chapa
City Secretary
Approved
1\:"",,'( 1
,
By: ~ (~
Joseph arney
Assistant City Attorney
For City Attorney
H:ILEG-DIRVosephIORD-McArdle-av.doc
,2005
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: INJe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Sill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\LEG-DIRIJoseph\ORD-McArdle-av.doc
ORDINANCE
DECLARING 28 PARCELS OF LAND AS SURPLUS PROPERTY
WHICH ARE LOCATED ALONG THE NORTH AND SOUTH SIDES OF
MCARDLE ROAD, BETWEEN EVERHART AND HOLMES DRIVE, ALL
CONSIDERED REMAINDERS FROM THE MCARDLE ROAD STREET
IMPROVEMENT PROJECT (BOND 2000); AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the 28 parcels of land located along the north and south sides of
McArdle Road between Everhart and Holmes Drive, as shown on the attached Exhibit,
and as recorded in Volume 15, Pages 18-19, Map Records Nueces County, Texas, are
declared surplus property, being remainders from the McArdle Road Street
Improvement Project (Bond 2000).
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 12th day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved
A(}rj( 7-
I
,2005
By: ~ {ky
Joseph arney
Assistant City Attorney
For City Attorney
H:\LEG-DIRVoseph\ORD-McArdSurPty.doc
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: l/llVe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H :\LEG-D1R V oseph \ORD-McArdSurPty. doc
AN ORDINANCE
AUTHORIZING THE CONVEYANCE OF 28 PARCELS OF SURPLUS
PROPERTY REMAINING FROM THE MCARDLE ROAD STREET
IMPROVEMENT PROJECT TO EACH ADJACENT PROPERTY OWNER
IN EXCHANGE FOR THE PERPETUAL MAINTENANCE OF THE
PROPERTY, AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE SPECIAL WARRANTY DEEDS FOR THE
PROPERTIES ALONG THE SOUTH SIDE OF MCARDLE ROAD AND
QUITCLAIM DEEDS FOR PROPERTIES ALONG THE NORTH SIDE;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is authorized to convey the 28
parcels of land located along the north and south sides of McArdle Road between
Everhart and Holmes Drive, as shown on the attached Exhibit, as surplus property, and
that the City Manager, or his designee, is authorized to execute a special warranty deed
or quitclaim deed to each adjacent property owner in exchange for the perpetual
maintenance of the property.
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 12th day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved
Aut/7-
I
,2005
By: ~ Ih/
Joseph H rney 0
Assistant City Attorney
H:\LEG-DIRVoseph\ORD-McArdSale.doc
For City Attorney
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IMle, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\LEG-D IR V oseph \0 RD-McArdSale.doc
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McARDLE ROAD STR. IMP. City Council Exhibit
Department of Engineering Services
PROPERTY DISPOSITION
40 III 40 ~
""".--
City of Corpus Christi, Texas
Date: 03-14-2005
Page: 1 of!
IJ
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13
CITY COUNCIL
AGENDA MEMORANDUM
April 6, 2005
AGENDA ITEM: Sanitary Sewer Trust Fund
1. Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System Trust Fund No.
4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with
Section V.B.6(h) of the Platting Ordinance.
2. Ordinance appropriating and approving the transfer of $600,000 from the Sanitary Sewer Trunk
System Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-
250420 in accordance with SecYB. 6(h) ofthe Platting Ordnance to establish sufficientfunds in the
Collection Line Trust Fund to carry out the purpose of the Ordinance; and declaring an emergency.
3. Resolution Adopting the Statement Expressing Official Intent to authorize Interim Funding for pending
applications to the Sanitary Sewer Trunk Trust Fund.
4. Resolution Adopting the Statement Expressing Official Intent to Reserve for Commitment Funds for
the applications to Sanitary Sewer Trunk Trust Fund received prior to January 1, 2005.
5. Ordinance Appropriating a Total Not to Exceed $3,500,000 from the unreserved fund balance in the
No. 3430 Wastewater CIP Fund; Loaning and approving the transfer of amounts as needed to and
appropriating in the Sanitary Sewer Trunk System Trust Fund to be repaid to the No. 3430
Wastewater CIP Fund at an interest rate equal to the AAA Rated 5-Year Municipal Bond Rate on the
date of the loan, to fund the shortage resulting from pending applications to the Sanitary Sewer Trunk
System Trust Fund.
6. Resolution Authorizing the City Manager to suspend applications to the Sanitary Sewer Trunk Trust
Fund until a new program is developed and approved by Council.
ISSUE: The applications received prior to January 1, 2005 for funds from the Sanitary Sewer Trunk and
Collection Line System Funds to reimburse developers for sanitary sewer construction costs exceed
the available balance.
The proposed actions to resolve this situation require Council action:
1. Transfer of funds from the Sanitary Sewer Trunk System Trust Fund to the Sanitary Sewer
Collection Line Trust Fund.
2. Identify an alternative interim source of funding, i.e., No. 3430 Wastewater CIP Fund, to reserve
and commit funds for reimbursement applications received prior to January 1, 2005.
3. Require repayment with interest from sanitary sewer acreage fees.
4. Suspend new applications to the Sanitary Sewer Trunk System Trust Fund until a new program is
developed and approved by Council.
Staff, in coordination with the development community, will recommend restructuring the Sanitary
Sewer Trust Fund program within the next six months to present a sustainable reimbursement
program.
RECOMMENDATION: Staff recommends approval of the resolutions and ordinances as presented.
~~
SA Holly, A P
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Applications for Sanitary Sewer Trust Funds
Exhibit C - Total Interim Funding to be Reserved for Commitment
Exhibit 0 - Location Map
h:\..:~en\ag04\sp30.m
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Interim Financing for Sanitary Sewer Trunk Trust Fund
BASIS AND FUNCTION OF TRUST FUNDS:
City Ordinance No. 17396 adopted in December 1982 established the Sanitary Sewer Trunk
Trust Fund and the Sanitary Sewer Collection Line Trust Fund. The payment of wastewater
lotfacreage/prorata fees of developers is required prior to plat recordation. These fees are
deposited in the two funds as follows:
1. Sanitary Sewer Trunk System Trust Fund is funded by Lot or Acreage Fees and 75%
of the surcharge fees.
2. Sanitary Sewer Collection Line Trust Fund is funded by Pro-rata Fees on Collection
Lines and 25% of the surcharge fees.
A significant change occurred in the Sanitary Sewer Trunk Trust Fund when Ordinance
025424, approved on August 19, 2003, amended the Platting Ordinance. The amendment
authorized the use of the Fund to construct not only trunk lines but also force mains and lift
stations. In addition the amount of funds for the construction cost was appropriated prior to
start of construction to ensure developer was reimbursed.
APPROVED TRUST FUND AGREEMENTS TO DATE:
To date, Council approved two Trust Fund Agreements under the provisions of the August,
2003 ordinance as summarized below:
TOTAL
$2,647,355
$1.074.600
$3,721,955
SPA 30 Gravity Line and Lift Station:
Master Lift Station # 11
An amendment to the current Trust Fund Agreement for the Master Lift Station #11 is
pending at this time. The amendment will increase the size of the force main and will
increase the capacity of the Greenfields by the Bay Lift Station Service Area as a result of
continued subdivision growth.
PENDING SUBDIVISION SANITARY SEWER TRUST FUND AGREEMENTS:
The current list of pending applications for Trust Fund Agreements is shown in EXHIBIT B.
These cost estimates are preliminary, and for that reason include a ten percent (10%)
EXHIBIT A
Page 1 of 2
contingency. As shown in EXHIBIT C, the pending applications with contingencies total
$ 5,734,987.
ANTICIPATED SHORTFALL IN SANITARY SEWER TRUST FUND:
The Trust Fund has a balance as of March 7, 2005:
Sanitary Sewer Trunk System Trust Fund
Sanitary Sewer Collection Line Trust Fund
TOTAL
$2,286,554
$ 500,393
$2,786,947
A transfer from the Trunk System Trust Fund of $600,000 to the Collection Line Trust Fund
will raise the balance to fund the applications received prior to January 1, 2005, and fund
expected future applications.
Approval of the total requested amount for reimbursements in the pending Trust Fund
Agreements will result in a shortfall of $3,500,000 in the Trunk System Trust Fund.
Based on yearly projected acreage fees of $555.825, repayment is expected to take
approximately 6.3 years.
After a new program is developed, a fee adopted, repayment will be implemented and
applications for Trunk System Trust Fund will be accepted.
PROPOSED PLAN OF ACTION:
A. Transfer $ 600,000 to the Sanitary Sewer Collection Line Trust Fund to maintain
the availability of funds for the pending and upcoming applications.
B. Identify source of interim funding for the five (5) applications pending approval for
reimbursement from the Sanitary Sewer Trunk System Trust Fund.
C. Approve the use of the interim funding with provisions for repayment with interest
by the sanitary sewer acreageflot fees that will continue to be paid at current rates.
D. Suspend new applications for the Sanitary Sewer Trunk System Trust Fund for
improvements that include lift stations, force mains and trunk lines.
E. Maintain the existing Sanitary Sewer Collection Line Trust Fund for new
applications.
F. Evaluate and restructure the Sanitary Sewer Trust Funds within the next six month
period to address future development needs.
EXHIBIT A
Page 2 of 2
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EXHIBIT D
ORDINANCE
APPROPRIATING AND APPROVING THE TRANSFER OF $600,000
FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO.
4220-2504-10 TO THE SANITARY SEWER COLLECTION LINE TRUST
FUND NO. 4220-250420 IN ACCORDANCE WITH SEC. V.B.6(h) OF
THE PLATTING ORDINANCE TO ESTABLISH SUFFICIENT FUNDS IN
THE COLLECTION LINE TRUST FUND TO CARRY OUT THE
PURPOSE OF THE PLATTING ORDINANCE, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City is authorized to appropriate and transfer $600,000 from the
Sanitary Sewer Trunk System Trust Fund No. 4220-2504-10 to the Sanitary Sewer
Collection Line Trust Fund No. 4220-250420 in accordance with Sec. V.B.6(h) of the
Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry
out the purpose of the Platting Ordinance.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 1 zlh day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved as to form OnIY:~'1 f
,2005
By:
~/b/
Joseph arney p
Assistant City Attorney
For City Attorney
Ord-Trnfr~SanSr
2
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Ord-Trnfr-San8r
RESOLUTION
ADOPTING THE STATEMENT EXPRESSING OFFICIAL INTENT TO
AUTHORIZE INTERIM FUNDING FOR PENDING APPLICATIONS TO
THE SANITARY SEWER TRUNK SYSTEM TRUST FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City is authorized to fund the pending applications to the Sanitary
Sewer Trunk System Trust Fund with interim funding provided by a loan, to be paid
back with interest, from the Wastewater Unreserved Fund.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to form only: --1- 1>-_'/ 7-
I
Henry Garrett
Mayor
,2005.
By: A..A I L
Joseph 'H(fney , 0
Assistant City Attorney
For City Attorney
Reso-SSTrst-fund
2
Corpus Christi, Texas
of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Reso.SSTrst-fund
RESOLUTION
ADOPTING THE STATEMENT EXPRESSING OFFICIAL INTENT TO
RESERVE FOR COMMITMENT FUNDS FOR THE APPLICATIONS TO
THE SANITARY SEWER TRUNK SYSTEM TRUST FUND RECEIVED
PRIOR TO JANUARY 1, 2005.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City is authorized to reserve for commitment, funds for the
applications to the Sanitary Sewer Trunk System Trust Fund received prior to January
1, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved as to form only: 4".1111-
,2005.
By:
~/b
Joseph H rney ()
Assistant City Attorney
For City Attorney
Reso-SSTrst-fund2
2
Corpus Christi, Texas
of , 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Reso-SSTrst-fund2
AN ORDINANCE
APPROPRIATING A TOTAL NOT TO EXCEED $3,500,000 FROM THE
UNRESERVED FUND BALANCE IN THE NO. 3430 WASTEWATER CIP
FUND; LOANING AND APPROVING THE TRANSFER OF AMOUNTS
AS NEEDED TO THE SANITARY SEWER TRUNK SYSTEM TRUST
FUND, TO BE REPAID TO THE NO. 3430 WASTEWATER CIP FUND
AT AN INTEREST RATE EQUAL TO THE AAA RATED 5-YEAR
MUNICIPAL BOND RATE ON THE DATE OF THE LOAN, TO FUND
THE SHORTFALL RESULTING FROM PENDING APPLICATIONS TO
THE SANITARY SEWER TRUNK SYSTEM TRUST FUND; AMENDING
THE 2004/2005 CIP BUDGET ADOPTED BY ORDINANCE #026188 TO
INCREASE APPROPRIATIONS INTO THE NO. 3430 WASTEWATER
CIP FUND BY $3,500,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a total not to exceed $3,500,000 from the Unreserved Fund balance
in the No. 3430 Wastewater CIP Fund, is loaned and appropriated as needed into the
Sanitary Sewer Trunk System Trust Fund, to be repaid to the No. 3430 Wastewater CIP
Fund at an interest rate equal to the AAA rated 5 year municipal bond rate on the date
of the loan, to fund the shortfall resulting from pending applications to the Sanitary
Sewer Trunk System Trust Fund, and amending the 2004/2005 CIP Budget adopted by
Ordinance #026188 to increase appropriations into the No. 3430 Wastewater CIP Fund
by $3,500,000.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 1zth day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved as to form only:---4,,,l1
, 2005
By:
~ If--
Joseph arney lJ
Assistant City Attorney
For City Attorney
Ord-Appro-SSTrst-Xfer
2
Corpus Christi, Texas
day of
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Ifwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
RESOLUTION
AUTHORIZING THE CITY MANAGER TO SUSPEND APPLICATIONS
TO THE SANITARY SEWER TRUNK SYSTEM TRUST FUND UNTIL A
NEW PROGRAM IS DEVELOPED AND APPROVED BY COUNCIL.
WHEREAS, the Sanitary Sewer Trunk System Trust Fund is currently under-
funded and will have a shortfall of approximately $2.9 million after processing the
pending reimbursement agreements; and
WHEREAS, based on the projected acreage fees for FY 2005, the shortfall in the
Trust Fund will take approximately 4.5 years to regain a positive balance; and
WHEREAS, to give the Trust Fund ample time to regain a positive balance,
applications for reimbursement should be temporarily suspended until a new
program is developed and approved by Council.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is authorized to suspend application to the
Sanitary Sewer Trunk System Trust Fund until a new program is developed and
approved by Council.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED:__~1 1
,2005.
By: ~ ~/
Joseph arney
Assistant City Attorney
For City Attorney
Reso-SS-Suspd
2
Corpus Christi, Texas
of
,2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Reso-SS-Suspd
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14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 12. 2005
AGENDA ITEM: Ordinance amending Chapter 49 of the City of Corpus Christi Code of
Ordinances by amending Article VII and amending Article IV, Section 49, relating to the
requirement that all pipelines in the city rights-of-way and in City-owned property be
licensed or otherwise authorized by the City; establishing procedures for the application for
and granting of licenses; establishing the charges for the occupation of City rights-of-way
by authorized and unauthorized pipelines; providing for protection of City rights-of-way and
City-owned properties and interests; reserving the City's claims for prior occupation of
public property by pipelines; authorizing settlement and dismissal of a related lawsuit;
providing for related matters and other provisions related to the subject matter of this
ordinance; providing an effective date; providing for penalties; providing for reservation of
civil remedies; providing for severance; and providing for publication.
Documents are being finalized for this item. It is anticipated they will be distributed to Council on
Monday, April 11, 2005.
G K.Noe
ity Manager
H:\CM-DIR'JoAnnE\Agenda Calendar\My Agenda ltems\Pipcllne item 04120S_doc