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HomeMy WebLinkAboutAgenda Packet City Council - 04/26/2005CITY COUNCIL AGENDA APRIL 26, 2005 Corpus Ch risti Ail-America City 11:45 A.M. - Proclamation declaring May 1-8, 2005 as "Days of Remembrance" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 26, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address ~he Council at approximately 12:00 p.m. or at ~he end of the Council Meeting, whichever is eadier. Please speak into the microphone ,~oceted at the podium and state your name and addmss. Your presentation will be limited to three minufes. If you have a pe~Jon or o~her informatJon pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espa~ol en todas las Juntas del Concilio 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 approp#ate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. Invocation to be given by Reverend Francisco Campos, Kelsey Memorial U nlted Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern Brent Chesney Council Members: Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of Apd119, 2005. (Attachment # 1) Agenda Regular Council Meeting Apd126,2005 Page 2 F. BOARDS & COMMII-rEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure 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. 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. Ail items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of laboratory equipment from Roche Diagnostics Corporation, of Indianapolis, Indiana based on sole source in the amount of $35,000. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. (Attachment # 2) Motion approving a supply agreement with R & R Delivery Service, of Corpus Chdsti, Texas for meal delivery service consisting of the delivery of approximately 126,002 meals for the Eldedy Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI-0075-05 based on only bid for an estimated annual expenditure of $153,722.44. CITY COUNCIL PRIORITY ISSUES (Re fer b3 ~gend at Ihe end o[ ale agenda summary) Agenda Regular Council Meeting Apd126,2005 Page 3 The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month pedods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY 2004- 2005. (Attachment # 3) Motion approving the purchase of traffic signal equipment from the following companies for the following amounts, in accordance with Bid Invitation No. B1-O054-05, based on Iow bid, Iow bid meeting specifications and only bid for a total of $217,522. Funds have been budgeted by the Street Department in FY 2004-2005. (Attachment # 4) Texas Highway Round Rock, Texas Item Nos. 1 & 4 $105,480 Paradigm Traffic Fort Worth, Texas Item No. 2 $16,450 Ken Bddges Audio Corpus Chdsti, Texas Item No. 3 $95,592 Grand Total: $217,522 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Automobile Theft Prevention Authority (ATPA) in the amount of $469,142 to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for Year 5, with a City match of $8,700 in the Law Enforcement Trust Fund No. 1061; and an in-kind contribution of $164,437, for a total project cost of $642,279. (Attachment # 5) Motion authorizJng the City Manager or his designee to accept grant funding in the amount of $30.000 from the Texas Department of Transportation for the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Re~'er ~ legend at t~e e~d o! agenda summary) Agenda Regular Council Meeting Apd126,2005 Page 4 10. 11. Ordinance appropriating $30,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1061 Police Grants Fund. (Attachment #6) Motion authorizing the City Manager or his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $32,055.39 for construction of a traffic signal and other miscellaneous items on FM 624 from US77 to FM 1889. (BOND ISSUE 2000) (Attachment # 7) Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Professional Services with LNV Engineering, of Corpus Chdsti, Texas for a total fee of $214,013.21, for a total re-stated contract fee of $2,852,607.21 for the O. N. Stevens Water Treatment Plant Wash Water System Project: (Attachment # 8) Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste * Phase 3 - Elevated Water Storage Tank Motion authorizing the City Manager or his designee to execute Ratification and Amendment No. 17 to the Contract for Professional Services with Maverick Engineering, Inc., of Corpus Chdsti, Texas in the amount of $67,608 for the Resaca Lift Station and 48-inch Gravity Line and Antelope Street and Salt Flats 36-inch/48-inch Wastewater Gravity Interceptor project. (Attachment # 9) Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, Inc. for "C-Sculptures", on the Gulf Beach at Newport Pass County Park. (Attachment # 10) Resolution exempting Lot 1, Block 1, S & J Estates Subdivision, from the payment of wastewater acreage fees pursuant to Section V.B.6.1 of the Platting Ordinance. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Re fe~ lo legend at Ihe s~l of Ihe agenda summary) Agenda Regular Council Mee~ng Apd126,2005 Page 5 CITY COUNCIL PRIORI'FY ISSUES (Refer lo legend at bhe end of agenda sumrna~,) 12.a. Ordinance appropriating $81,811.60 from The Boardwalk Unit 2 Subdivision located west of Cimarron Boulevard and north of Lipes Boulevard, as developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No_ 024130, which appropriated the Trust Funds, by adding $81,811.60 to the No. 4730 Infrastructure Fund. (Attachment # 12) 12.b. Motion approving payment of $81,811.60 developer's contribution from The Boardwalk Unit 2 Subdivision from the No. 4730 Infrastructure Fund to Ann H. Bratton, Independent Executor of the Estate of Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Chdsti and Trustee. (Attachment # 12) 13. Ordinance abandoning and vacating a 1,383.35-square foot portion of a 10 foot wide utility easement out of Lots 90 and 91, Block 1, Madposa Subdivision located south of the Yorktown Boulevard and Cimarron Boulevard intersection, in connection with the Cimarron Boulevard Street Improvement Project, Phase 2, Yorktown to Bison (BOND 2004). (Attachment # 13) 14. Second Reading Ordinance -Amending Section 55-151, Code of Ordinances, City of Corpus Chdsti, regarding the City's Water Conservation and Drought Contingency Plan. (First Reading 04/19/05) (Attachment # 14) 15. Second Reading Ordinance - Authorizing the City Manager to execute Amendment No. 1 to Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Chdsti, Texas. (First Reading 04/19/05) (Attachment # 15) Agenda Regular Council Meeting Apd126,2005 Page 6 I. PUBLIC HEARINGS: ZONING CASES: 16. Case No. 0305-04, Sizemore Real Estate, LLC: A change of zoning from a "B-4" General Business District to an "1-2" Light Industrial District. The property is in River Square, Unit 1, Block 1, Lots I through 4, located north of IH37 Frontage Road, south of McKenzie Lane and east of Twin River Boulevard. (Attachment # 16) Planning Commission's Recommendation: Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to site plan (Layout C) and nine (9) conditions_ Staff's Recommendation: Denial of the "1-2" Light Industrial Distdct and in lieu thereof, approval of a Special Permit subject to site plan (Layout E) and nine (9) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Sizemore Real Estate, LLC; by changing the zoning map in reference to River Square Unit 1, Block 1, Lot I through 4, (currently zoned "B-4" General Business District) by granting a Special Permit for warehouse/office uses subject to site plan (Layout C) and nine (9) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J= REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 17. Resolution adopting the FY2005 Consolidated Annual Action Plan (CAAP), which includes the Community Development Block Grant, Emergency Shelter Grant, and HOME Investments Partnership Programs; authorizing the City Manager or his designee to submit the CAAP to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or his designee to make changes in the CAAP if required by HUD. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Re~' to legend at t~e e~d ~ agenda sum,mary) Agenda Regular Council Meeting Apd126,2005 Page 7 18.a. 18.b. 18.C. 18.d. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation (Corporation) and the City of Corpus Chdsti (City) to allow the Corporation to grant $130,000 of affordable housing funds to the City for new construction homebuyer assistance and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 18) Resolution authorizing the execution of an Affordable Housing Program Agreement between the Corpus Chdsti Business and Job Development Corporation (Corporation), the City of Corpus Chdsti (City), and Randy Farrar doing business as Miramar Homes to allow the Corporation to provide $100,000 of affordable housing funds for Buy-Down Mortgage Loan Program, and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 18) Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Chdsti Business and Job Development Corporation (Corporation), the City of Corpus Chdsti (City), and Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant $210,000 to the NCCAA for an affordable housing program for down payment and closing cost assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 18) Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Chdsti Business and Job Development Corporation (Corporation), the City of Corpus Chdsti (City), and Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant $175,000 to the NCCAA and the City of an infill housing project as part of an affordable housing program, and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Rel'e~ to legend at 0~e ertl of I~e agenda summary) Agenda Regular Council Meeting Apd126,2005 Page 8 18.e. 19. 20. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Chdsti Business and Job Development Corporation (Corporation) and the City of Corpus Chdsti (City) to allow the Corporation to grant $107,000 of affordable housing funds to the City for down payment assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 18) Motion authorizing the City Manager or his designee to approve a project by Leadership Corpus Chdsti, Class XXXIII, for installation of memodal monument at Sherrill Park. (Attachment # 19) Second Reading Ordinance -Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares - Amounts, to increase taxicab fares to $2.00 for the first one-firth(l/5) mile or less; providing for penalties. (First Reading 04/19/05) (Attachment # 20) PRESENTATIONS: Public comment will not be solicited on Presentation items. Presentation of State Highway 358 (SPID) - Safety Improvement and Congestion Management Project. (Attachment # 21) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into ~he micrephone located at the podium and state your name and address. If you have a pelion or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s.-espetfol en la reunion de la junta para ayudarle. CITY COUNCIL PRIORITY ISSUES (Refer lo le,ge~d at Ihe end of Ule agenda summary) Agenda Regular Council Meeting Apd126,2005 Page 9 PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RES TRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into execut~e session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activtEes of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other bdef discussions regarding city-related matters, 22. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79"~ Texas Legislature. 23. CITY MANAGER'S REPORT * Upcoming Items 24. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Rear to legend at Ihe end o[ Ihe age~da summary) 25. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting Apd126,2005 Page 10 ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:00 p.m., April 22, 2005. Armando Chapa City Secretar~ CITY COUNCIL PRIORITY ISSUES (Rel'er to legend at ~e end 0~ b~e 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 CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 19, 2005 - 10:00 a.m_ PRES~ENT Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members: Melody Cooper Jerry Garcia Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Sco~t City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United Slates flag was led by Council Member Cooper. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the Special and Regular Council meetings of April 12, 2005. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointment was made: Nueces County Communit~ Action Aeencv Council Member Bill Kelly (Appointed) Council Member John Marez (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3-14). City Secretary Chapa announced that Items 4 and 8 were being withdrawn by staff. Mayor Garrett asked for any public comment on Items 3-14. Mr. Abel Alonzo, 1701 Thames, inquired about Item 10, regarding an amendment to the contract between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCION Texas, Incorporated. Mr. Alonzo asked for the purpose of the amendments. Assistant City Manager Oscar Martinez replied the ACCION contract amendments were primarily housekeeping items clarifying the terms of the contract. He said the amendments were related to the interest buy-down rate and the time period for issuing reimbursements. Minutes - Regular Council Meeting April 19, 2005 - Page 2 Mayor Garrett asked for any Council comments on Items 3 - 14. Mr. Noyola asked why Item 8 was withdrawn_ City Manager Noe replied there was an error in the item. Ms. Cooper inquired about Item 7 regaxding the ci~s Rolled Curb and Gutter Replacement Program. She asked how the city determined which streets were placed on the list for repairs. City Engineer,kngel Escobar explained the storm water department, headed by Ms. Valerie Gray, tracked all citizen complaints and mapped them on a composite map. Staff worked with a consultant to divide the map into 25 areas. The consultant investigated each area with the largest concentration of complaints to determine the extent of the required work. Staffthen prioritized the streets to see where they could do the most good in a concentrated area. Areas considered hazardous to vehicular or pedeslrian traffic will receive priority over those areas where only drainage was affected. Mr. Escobar reported this year, the project was being divided into two parts_ Part "A" repairs were limited to a specific area bounded by Everhart Road, Willowick Drive, Megal Drive, and Schanen Drainage Ditch. Part "B" repairs were not limited to a specific area; rather, the repairs would be made in various locations citywide. He said this would allow staffthe flexibility to address unanticipated repairs outside the specified area as they surface. Mr. Noyola pointed out that one of his constituents, residing on Stafford Street, told him she had repeatedly called about drainage problems in her area for the past four years. He asked why her area had not been addressed. Assistant City Manager Ron Massey replied if the area was a lower priority compared to other areas, then the repairs were postponed. Ms. Gray added in some cases, the area's drainage problems were extensive, so merely replacing the rolled curb and gutters would not improve the drainage. These areas were placed on the Capital Improvement Project (C1P) list to be evaluated for additional improvements, such as underground pipes and inlets. Mr. Noyola asked how much the city was spending now on curb and gutter repairs. Mr. Massey replied the current construction contract for curb and gutter repairs totaled approximately $250,000, which only addressed a fraction of needed drainage improvements. Mr. Noyola asked staffto consider funding $1.5 million in rolled curb and gu tter improvements for neighborhood areas in the next bond election. Mr. Scott asked if a neighborhood could sign a petition stating their willingness to pay for a portion of the expense for curb and gutter improvements, and if so, would the neighborhood be moved up on the priority list. Mr. Escobar replied affirmatively_ City Manager Noe added since the city curb and gutter replacement program was funded out of storm water utility capital improvement funds, the city had more flexibility to set up this type of program. He said the street pavement assessment program was less responsive because the funding source was voter-approved, general obligation funds. Mr. Noyola stated that although this was a viable option for some neighborhoods, the residents in his dislrict would probably not be able to afford to participate in this type of cost-sharing program. He thought it was unfair that some neighborhoods would be moved up on the list just because they could afford to pay a portion of the costs, while the West side of the city was ignored. He prefe~-d to address neighborhood rolled curb and gutter improvements through a bond election. Minutes - Regular Council Meeting April 19, 2005 - Page 3 Mr. Chesney requested a detailed list of the where the project money had been spent. He took exception to Mr. Noyola's contention that the West side of town was being ignored. He thought the list would show that most of the funds had been spent on West side improvements. Regarding the Lindale Area Storm Water Improvements being funded through the bond election, Mr. Scott asked if the city planned to replace the rolled curb and gutters as part of this project. Mr. Esobar replied affirmatively, saying the second phase of the program would include these improvements. Mr. Scott pointed out the city was using various funding sources to significantly address citywide curb and gutter replacement needs. Mr. Scott again asked staffto consider implementing a cost-sharing program for neighborhoods interested in accelerating rolled curb and gutter replacement in their area. City Secretary Chapa polled the Council for their votes on Items 3-14, constituting the consent agenda (except for Items 4 and 8, which were withdrawn) as follows: 3. MOTION NO. 2005-114 Motion approving the purchase of one sewer inspection system from Green Equipment Company, of Fort Worth, Texas for the total amount of $89,517.93. The award is based on the City's Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). This equipment is an addition to the fleet. Funding is available fi.om the FY 2004-2005 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Gm-cia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mofio. ~vv~,dng the p~d~ase oft~dT~e si~al equipm~a f...~ thc followh~g compaMes for thc following ~ounts, in acco~ d~,,,~c with Bid hxvitation No. B1-0054-05, based on low bid, low bid ~th,g specifications ,md ooly bid fo, a total cd' $217,522. Fmlds have bex.~ budgeted by thc Stc~.t D~.laOahnctst ill FY 2004-2005. Texas Ilighway Round Rock, Texas Paiacli~ Fort Worth, Texas K~ Bridges Audio Coqo~s Chisti, Texas Control Technologies, Inc. To~ball, Texas Gt~,d Tottl: $217,522 Minutes - Regular Council Meeting April 19, 2005 - Page 4 MOTION NO. 2005-115 Motion authorizing the City Manager or his designee to execute a constxuction contract with Gm-reit Construction, of Corpus Christi, Texas in the amount of $317,597.40 for County Road 52 (East) Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Gareia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-116 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $239,906 for a total restated fee of $264,902 for the McNorton Ditch Drainage Project, Phase 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kiunison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-117 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Engineering & Construction Management Services, of Corpus Christi, Texas in the amount of $48,720 for the Rolled Curb and Gutter Replacement FY 2005 Project. The foregoing motion was passed and approved with the following vote: Gan-ett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". O,dhjancc ,~J,cl~dlng O~di.&lcc No. 024949 pa~scd ~ding Se~ti~a 3 ~ ad~ thc ~al ~,~t mil ~d ~,~ to ~ lc~cd a~ · c ~,~,~ ~f~o~t~ ~bu~iag on thc ~llo~h~ F.M. 665 (Old Br~ville Road) ~ju~ ~ ~Roc~ Road. ORDINANCE NO. 026223 Ordinance amending Ordinance No. 025057 passed and approved on October 15, 2002 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on the following street: Annaville Road f~om Violet Road to Starlite Lane. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnimn, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 19, 2005 - Page 5 10. RESOLUTION NO. 026224 Resolution approving Amendment No. 1 of the Agreement between the Corpus Christi Business and Job Development Corporation and ACCION Texas, Inc. regarding interest buy down program application process and job creation definition. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kianisorz, Marez, Noyola, and Scott, voting "Aye". 11. MOTION NO. 2005-118 12. 13. Motion authorizing the City Manager to execute a Deferment Agreement with The Gray Estate, (Developer), in the amount of 5;208,691.75 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve Corpus Christi Retirement Residence Addition, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.Co) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Gareia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026225 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with The Port of Corpus Christi (Owner) for the right to install, operate, repair, replace, and maintain one private 1.25-inch HDPE conduit with fiber optic cable across the Nueces Bay Boulevard public right-of-way for approximately 80 feet and across the Salt Flat Drainage Outfall right-of-way for approximately 90 feet; establishing a fee of $320. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". FIRST READING ORDINANCE Amending Section 55-151, Code of Ordinances, City of Corpus Christi, regarding the City's Water Conservation and Drought Contingency Plan. The foregoing ordinance was passed and approved on its fn-st reading with the following vote: Crarxett, Chesney, Cooper, Garcia, Kelly, Kinrtison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 19, 2005 - Page 6 14. FIRST READING ORDINANCE Authorizing the City Manager to execute Amendment No. 1 to Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi, Texas. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 15.a, and a motion was made, seconded and passed to open the public hearing on the following variance case: 15.a. Public heating on request for a variance to operate an establishment with on-premise consumption of alcoholic beverages located at 5702 South Staples Street, Suite #E6. Mr Alan Yaffe, representing the applicant, Mr. Larry Wardrup of Passport Seafood Corporation clPo/a Casa de Santiago's Restaurant, presented a document with the signatures of all the tenants in the Coppertleld Shopping Center within 300 feet of the subject property, with the exception of one tenant who was out of the country. The tenants were in agreement with the applicant's request for a variance, including the day care center which necessitated the action in the first place. Mr. Yaffe stated the Casa de Santiago's Restaurant alcohol sales were projected to be between 15-20 percent of the overall gross receipts. He asked the Council to consider approving the Mayor Garrett asked for public comment. Mr_ Abel Alonzo, 1701 Thames, was concerned that the Council was being inconsistent in its actions regarding alcohol variance cases. He mentioned a recent case involving another Mexican restaurant and Tuloso-Midway Independent School district as a case in point. He said staffand the Planning Commission had initially supported the granting of the variance, but the Council denied the variance due to neighborhood opposition. Mr. Kelly replied a significant variable when making these decision was the neighborhood's reaction. In the case Mr. Alonzo mentioned, Tuloso-Midway ISD and the adjacent church opposed the alcohol variance. In this case, the neighbors were not opposed, so it would be appropriate if the Council granted the variance. Mr. Noyola spoke in support of Mr. Kelly's statement. City Secretary Chapa polled the Council for their votes as follows: 15.b. RESOLUTION NO. 026226 Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Passport Seafood Corporation to operate an on-premise alcoholic beverage establishment located at 5702 South Staples Street, Suite #E6. The foregoing resolution was passed and approved with the following vote: Crarrett, Chesney, Cooper, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 19, 2005 - Page 7 Mayor Garrett referred to Item 16, and a motion was made, seconded, and passed to open the public heating on the following zordng case: Case No. 0305-01, Jose Oscar Hinojosa: A change of zoning fi.om an "A-1" Apartment House District and "AB" Professional Office District to a "B-1" Neighborhood Business District. The property is in Carroll Place No. 7, Block 1, Lot 3, located north of Holly Road and 900 feet west of Carroll Lane. City Secretary Chapa said the Planning Commission and staffrecommended approval of the "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr_ Chesney made a motion to close the public heating, seconded by Mr. Scott, and passed_ Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 026227 Amending the Zon/ng Ordinance, upon application by Jose Oscar Hinoj osa, by changing the zoning map in reference to Carroll Place No. 7, Block 1, Lot 3, fxom "A-1" Apartment House District and "AB" Professional Office District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations t~om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 17, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0305-02, Jay SMa?ar: A change of zoning from a "R-lB" One-family Dwelling District to a"B- 1" Neighborhood Business District. The property is in Yarbrough Addition, Lots 6 and 7, located west of Airline Road and 650 feet south of Holly Road. City Secretary Chapa said Planning Commission and staffrecommended approval of the "B- 1" Neighborhood Business District. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed_ City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 19, 2005 - Page 8 17. ORDINANCE NO. 026228 Amending the Zoning Ordinance, upon application by Jay S&la?ar, by changing the zoning map in reference to Yarbrough Addition, Lots 6 and 7, from "R-lB" One-family Dwelling District to "B-I' Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 18 regarding a grant to fund a rehabilitation project for an airport runway. Mr. Chapa announced that Mr. Noyola was abstaining from the vote and discussion on this item. Mr. Noe stated this was a "good news" item because it was an opportunity to receive a substantial amount of funding from the federal government_ Aviation Director Dave Ha.mrick explained over two years ago, airport staffhad noticed a number of problems with Runway 13/31, a primary runway, that would require major construction to repair. Staffworked with the Federal Aviation Administration (FAA) to acquire funding for the repairs, and this item reflected the success oftheix efforts. He said the grant would allow the city to resurface the entire length of the runway, as well as complete new shoulders, drainage improvements, and lighting improvements. In addition, he said the grant funds would allow staffto begin the design work of the ah'port's secondary runway, Runway 17/35, for lighting, shoulder, and blast pad replacements_ Mr. Hamdck said staff received two bids for the project, and was recommending Bay Ltd. as the low qualified bidder. Mayor Garrett asked how long the runway would be closed for repairs, and what effect this would have on the airlines. Mr. Hamrick replied the runway would be closed for approximately six and half months. He explained staff had several meetings with local and corporate airline representatives about the construction. He said the airlines would be inconvenienced, but understood the necessity of the project. It does not appear the runway closure will affect Southwest Airlines, but the other airlines have switched the type of regional jets they are using in response. He said staff was trying to reduce the convenience to the airlines as much as possible. Mayor Garrett asked if staff had any safety concerns. Mr. Hamrick replied negatively. There were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 19, 2005 - Page 9 18.a. RESOLUTION NO. 026220 Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 348-0051-37-2005 in an amount not to exceed $7,788,088 for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4 and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 18.b. ORDINANCE NO. 026221 Ordinance appropriating $5,088,088 from the Federal Aviation Administration Grant Number 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4 and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $5,088,088. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 18.c. ORDINANCE NO. 026222 Ordinance appropriating $498,575 in the Airport Capital Reserve Fund 4611; lxansferring and appropriating $498,575 into the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4, and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport; amendIng FY 2004-2005 OperatIng Budget adopted by Ordinance No. 025878 to increase appropriations by $498,575; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $498,575. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinn/son, Marez, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting April 19, 2005 - Page 10 1 g.d. MOTION NO. 2005-113 Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contractors L.P. dba Bay, Ltd., of Corpus Christi, Texas in the mount of $8,963,579_50 for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4 and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport. The foregoing motion was passed and approved with the follouang vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kilimson, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 19 regarding a new wastewater gravity interceptor project for the Antelope Street and Salt Flats Area. City Engineer Eseobar explained this was a major wastewater project which entailed the installation of one of the largest sanitary sewer lines in the city over the past 10 years. He said the proposed 36-inch/48-inch line begin at Resaca Street, and would parallel an existing 36-inch line along the Salt Flats system. The line would cross R-I-37, and continue until terminating at the new Resaca Street lift station_ The line would be over 5,000 feet long, and would help address overflow problems at the manholes along Leopard Street and Winnebago Street. Mr. Kelly spoke in support of the project, but expressed concern about the Impact the project would have on the condition of the streets in this area, particularly Antelope Street. Mr_ Escobar replied the construction would begin at the intersection of Antelope and Palm Streets, and continue on the IH-37 frontage road. The project would include replacement of the backfill and then an asphalt patch with a complete seal coat up until Coke Street, where the line would go under IH-37. The same type of street repairs would be completed on the other side of the 13t-37. He said because of the complexity of the project, staffwas recommending a full-time project inspector to protect the city against deficmncies in the contractor's work (Item 19.b.). He said the other sU-eets affected by the project (Coke, Frank Burns, and Resaca Stxeets) would also be seal-coated. Mr. Scott remarked that he exited the Corpus Christi Hooks game on Port Avenue, and he said it worked wonderfully. He noticed, however, that when Port Avenue intersected with IH-37, most people seemed to be turning onto Antelope Street to get to the Crosstown Expressway. Thus, he said the project would have an impact on baseball game traffic. He said it would be preferable that the project be completed by October. Mr. Escobar replied the project would last one year, but would begin on Resaca Street first and then work its way to Antelope Street. Mayor Garrett asked City Manager Noe to ask the police ckiefto monitor the traffic light at the intersection of Brownlee and Leopard by the Crosstown Expressway because it could create a bottleneck in traffic as vehicles exited the stadium fi.om Port Avenue. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 19, 2005 - Page 11 19.a. MOTION NO, 2005-119 Motion authorizing the City Manager or kis designee to execute a construction contract with Jalco, Inc., of Houston, Texas in the amount of $8,614,720.50 for the Antelope Street and Salt Flats Area 36-inch/48-inch Wastewater Gravity Interceptor Line. (Rebid) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 19.b. MOTIONNO. 2005-120 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas for a fee not to exceed $285,140 for construction inspection services for the Antelope Street and Salt Flats Area 36- inch/48-inch Wastewater Gravity Interceptor Line. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinmson, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 20 regarding a proposed increase in taxicab fares_ Mr. Noe said the c~ty had received a request for an increase in taxicab fares from the local taxicab industry primarily because of increased fuel costs. He said the Police DeparUnent had compared the city's rates to other cities in the State, and was recommending an adjustment to the flag drop, or the initial fee, from $1.75 to $2.00, and no adjustment to the mileage. Mayor Garrett asked for public comment. Mr. Hal George, 3649 Leopard, spoke representing the local taxicab industry. He said the primary concern of the taxicab companies was the increased cost of fuel. Their proposal included an increase in the "flag drop" or initial fee fi-om $1.75 to $2.50 and an increase in the cost per 1/5 mile from .35 to .40 (or .50 per 1/4 of a mile). Mr. George presented a survey they had conducted independently of the city, compiled by Ms_ Pam Connolly. He said the main difference between the city's survey and the taxicab industry's survey was that the other cities charged continuously during traffic delays_ San Antonio, for example, charged .30 for every 60 seconds of waiting time between 5:00 a_m. and 9:00 p.m. Thus, he sa~d the two surveys were not comparable. In addition, Mr. George reviewed the costs for attaining a vehicle for hire permit to drive a cab. The total cost was $179.00, including the cost ora physical, defensive driving, background checks, pictures, a permit fee, and a port badge (if desired). He said the driver fee had increased an additional $88.000 since the taxicab industry first asked for a rate increase. Police Chief Pete Alvarez reported that at the request of Klenzo Enterprises, stafflooked at raising the taxicab rote as previously stated He said staffcompiled a survey of cities of comparable size, and as a result, staff recommended that the flag drop rate be raised fxom $1.75 to $2.00_ Staff was not recommending, however, the increase in the cost per mile fi'om .35 to .40, because they felt it would not be in line with the rotes of other cities. Minutes - Regular Council Meeting April 19, 2005 - Page 12 Mr. Noyola supported staffs recommendation because he felt the increase in the price of fuel was a legitimate reason to raise taxicab rates. As an aside, he asked City Manager Noe to look into tow truck rates. Chief Alvarez stated the city may want to consider allowing the taxicab industry to charge a fuel surcharge fee to respond to fluctuations in fuel prices, similar to the City of El Paso. He said the fee could be rescinded when fuel prices went down. Ms. Cooper supported increasing the flag drop rate to $2.50, but did not support increasing the increase in the cost per male from .35 to .40. Mr. Scott asked how often there was an extra passenger in the cab_ Ms. Connolly replied there was frequently an extra passenger in the cab. Mr. Scott noted that some cities charged an extra passenger fee. Mr. Chesney felt the city's survey promded an incomplete analysis because it did not no te that travel time charges were variable. City Manager Noe agreed, saying it should have been noted that there was no way to state exactly how much revenue was obtained since travel time varied Mr. Chesney stated the Council either needed to table this ~tem until they could obtain more complete information, or approve a larger increase for the taxicab rotes than what staff was recommending. Mr. Garcia agreed with Mr. Chesney. He asked what the standard rate was for a fuel surcharge fee. ChiefAlvarez replied the city could use El Paso's rate as a model, but the Council had the ultimate authority to set the rate. Mr. Garcia spoke tentatively in favor of the fuel surcharge fee, but he said he needed better figures before he could decide. He asked City Manager Noe to provide a better report for the next discussion. Mr. Marez asked if ChiefAlvarez had spoken with other cab companies about the proposed rate increases. ChiefAlvarez replied negatively. In response to Mr. Marez's question, Mr. George replied his client's company was the largest cab company in the city. Ms. Cooper made a motion to accept the proposed increases put forth by the t~xicab companies as follows: flag drop rate increase from $1.75 to $2.50 and an increase in the cost per 1/5 mile from .35 to .40; seconded by Mr. Chesney. Mayor Garrett called for discussion_ Mr. Kinmson asked why the petitioner was not requesting an extra passenger charge. Mr. Rob Karlson, owner of Klenzo Enterprises, replied that he felt it was unfair_ Mr. Kinnison asked ff staffknewifanyother cities in the State were looking at increasing their taxicab rates. CityManager Noe replied it would surprise him if tbere weren't other cities considering taxicab rate increases in light of the spike in fuel prices. Mr. Kinnison stated he would not have a problem increasing the rates beyond staffs recommendations if he knew other cities were considering a rate increase. Mr. Kelly observed that a portion of the individuals who relied on the taxicab service were individuals who could not afford to own a car themselves, and were the least capable of paying higher fares. Thus, while he wanted for the taxicab industry to remain solvent, he thought it was important to consider the needs of their customers. He thought it was premature to recommend the Minutes - Regular Council Meeting April 19, 2005 - Page 13 rate increases proposed by the taxicab industry without having a better report. Thus, he supported postponing the issue until the Council had received the new report so they could make a more informed decision. Consequently, he said he did not support Ms. Cooper's motion. Ms. Cooper withdrew her previous motion. Mr. Scott made a motion to amend the proposed ordinance prior to first reading to increase the flag rate to $2.00 and increase the cost per 1/5 mile to .40, seconded by Ms. Cooper. Mr. Kiunison noted that this action would constitute a 15 percent increase in rates, from the current rote of$18.90 to $22.60 for a 10-mile trip. City Secretary Chapa polled the Council for their votes on the motion to amend as follows: Garrett, Chesney, Cooper, Garcia, Noyola, and Scott, voting "Aye"; Kelly, Kinnison, and Marez, voting "No". The motion to amend prior to first reading passed. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: 20. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares - Amounts, to increase taxicab fares to $2.00 for the first one-ill'th(I/5) mile or less; providing for penalties_ The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Noyola, and Scott, voting "Aye"; Kelly, Kinnison, and Marez, voting "No". Mayor Garrett called a brief recess to present proclamations. The Council returned fi.om recess, and Mayor Garrett called for petitions from the audience. Ms. Sherry Dunlap, 5825 Hopkins Road, and Ms. Becki Jones, 1856 C.R. 32, spoke regarding their conceras about the city's efforts to prosecute animal abuse cases. Mayor Garrett called for the City Manager's report. City Manager Noe stated the city was continuing its efforts in Neighborhood Improvement Project (NIP) Area #10, saying there were a number of functions held last Saturday at Oveal Williams Senior Center. The honorary tree planting ceremony would be held on April 22 at the center as well. In addition, Mr. Noe announced a new exhibit at the Museum of Science and History regarding the history of baseball in Corpus Christi_ Mr. Noe reported the following items were scheduled for consideration on next week's agenda: a presentation for TxDOT on the proposed ramp reversals along SPID; and 4A Board recommendations on the affordable housing allocations. Mayor Garrett called for Council concerns and reports. Mr. Scott thanked everyone associated with the opening of Whataburger Field, saying it was a profoundly positive experience. Minutes - Regular Council Meeting April 19, 2005 - Page 14 Ms. Cooper spoke regarding the repairs on Airline Road, saying she thought the detour was dangerous_ City Manager Noe replied the repairs were actually a part of the Meadowbrook Drainage Project, and said staffwould look into her concern. Ms. Cooper also announced the next Town Hall Meeting would take place on Monday, May 9 at 6:00 p.m. at Yeager Elementary School, hosted by Council Member Noyola. Mr. Noyola agreed with Mr. Scott about the success of Whatab~ger Field, and he thanked everyone involved. He also thanked all the voters for supporting the project. In addition, Mr. Noyola asked about any progress on the tree ordinance that had been discussed earlier_ Mr. Noe replied the tree ordinance was part of the Unified Development Code effort. Mr. Noyola asked when the Council could anticipate a report on the tree ordinance. Mr. Noe was uncertain, but said he would look into it. Mr. Kelly reported on citizen complaints regarding AEP's policy of trimming trees near power lines without the owner's permission. He asked if the city had any authority to address their concern. Mr_ Noe replied negatively, saying he was unaware of any action the city could take to prokibit them from trimming trees without permission. Mayor Garrett called for a recess until 2:00 p.m. to hold the Community Development Block Grant (CDBG) public heating. ************* The Council returned from recess. Mayor Garrett referred to Item 21 .a., and a motion was made, seconded, and passed to open the public heating on the following item: 21_a_ Public heating to receive public comments regarding the City of Corpus Christi's proposed FY2005 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerskips (HOME) and Emergency Shelter Grants (ESG) Programs. Assistant City Manager Margie Rose made a presentation on the FY 2005-2006 Consolidated Annual Action Plan (CAAP). First, she provided general background information on the plan, wkich was comprised of the Community Development Block Grant, HOME, and Emergency Shelter Grants. She described the citizen's participation process, saying the Neighborhood Services Department (NSD) staff conducted two neighborhood meetings to advise the public of funding availability. The NSD also held two mandatory technical assistance workshops to advise on the RFP process. Finally, the NSD scheduled two public hearings, one with the Planning Comrmsslon and one with the City Council. Ms. Rose briefly described the Community Development Block Grant (CDBG) program. Since 1975, she said the city had received $144 million, including $12_6 million of program income. The CDBG Program provided funds to meet the following goals: to improve and enhance the quality of life for Corpus Christi citizens with low and moderate income; and to assist individuals residing in designated low income areas in the city. Ms. Rose briefly covered the Home Investrneut Partnerships (HOME) Program. She said IVfinutes - Regular Council Meeting April 19, 2005 - Page 15 since 1992, the city had received $21.7 million in HOME funds to help create or retain affordable housing opportunities. The HOME program provided funds for the following types of housing: rental; homeownership subsidy programs; rehabilitation and reconstruction; and the American Dream Downpayment Initiative (ADDI). Regarding the ADDI program, Ms. Rose stated the city had received $217,271 in funds since 2004. The ADDI issued a deferred, forgivable loan not to exceed $5,000 provided to low income, first-time homebuyers only for the purpose ofmeetang down payment and closing cost expenses. Ms. Rose briefly described the Emergency Shelter Grant (ESG) Program_ Since 1987, the city had received more than $2.07 million in ESG funds. The ESG Program provided funds for the following uses: homeless providers; operation and maintenance; rehabilitation; essential services; homeless prevention activities; training; and counseling. Ms. Rose discussed the FY 2005 funding for the aforementioned programs. The total FY 2005 Annual Action Plan entitlement allocation was $5,855,767, which was being distributed as follows: CDBG program - $3,882,133; HOME program - $1,772,241; ESG program - $150,150; and ADDI - $51,243. She stated there was additional funding available as follows: CDBG program income (rehabilitation loans) - $800,000; demolition liens (program income) - $24,245; CDBG reprogrammed funds - $708,081; HOME program income - $300,000; and HOME reprogrammed funds - $301,225. Thus, Ms. Rose stated the total funds available for the FY 2005 program was $7,989,318. Ms. Rose pointed out there were several reductions in the allocations compared to FY 04_ In the CDBG program, there was a decrease of $222,867, or 5 percent_ The HOME program saw a decrease of $75,886, or 4 percent. The ESG program allocation was decreased by $4,179, or 2 percent_ Finally, the ADDI program allocation was reduced by $114,785, or 69 percent. Ms. Rose briefly reviewed staff's recorrmaendations and Planning Commission recommendations for city projects and non-profit projects in the FY 2005 Annual Action Plan. In conclusion, she said asked the Council to consider adopting the FY 2005 Consolidated Annual Action Plan as presented by staff. Before any discussion on the item took place, Mr. Noyola read the following statement: "I publicly disclose that I am a member of the Lexington Manor and Northside Manor boards. I have a brother who is a member of the AVANCE board and I have a brother-in-law who is a member of the Del Mar Board of Regents. I will obtain no financial interest or benefit fiom a CDBG activity. My brother and brother-in-law will obtain no fmuncial interest or benefit fxom a CDBG activity_ I will have no financial interest in any contract with respect tr) a CDBG activity or its proceeds. Minutes - Regular Council Meeting April 19, 2005 - Page 16 I will abstain from participation in all deliberation and voting related to these boards_" Mr. Marez read the following statement: "1 publicly disclose that w/thin the last year, I served as a member of the Wesley Community Center Board. I will obtain no financial interest or benefit from a CDBG activity_ 1 will have no financial interest in any contract with respect to a CDBG actxvity or its proceeds, I will abstain f~om participation in all deliberation and voting of fimding related to this Mayor Garrett called for public comment on each item in the FY 2005 CDBG program, saying the Council would work off of staffs funding recommendations. President of Del Mar College Board of Regents Gabriel Rivas, 1106 S. 19'~ Stree~ spoke in support of funding for Project 4, the Business Resources Center. Mr. Bryan Stone, Planning Commission member, explained why the Planning Commission was not recommending funding for this project. Regarding Project 19, Phase 2 Improvements to the West Oso ISD Tennis Courts, the following individuals spoke in favor of funding this project: West Oso ISD Superintendent Crawford Helm~; Ms. Christine Wilmont; West Oso ISD Tennis Coach Roy Williams; Mr. Floyd Calvin; and Mr. David Noyola. Regarding Project 27, AVANCE Inc., Mr. David Noyola and Planning Commissioner Eloy Salazar spoke in support of funding this project. Regarding Project 31, Corpus Christi Police Athletic League, Mr. Baudelio Ramirez, 5817 Academy, expressed concern that since membership in the Police Athletic League was fi'ee, it was reducing participation in other neighborhood leagues. Regarding Project 34, Mary McLeod Bethune Day Nursery, Inc., Mr_ George Clower, 304 S. Momingside, spoke in support of funding for this project: Regarding Project 35, Neighborhood Centers of Corpus Christi, Planning Commissioner Eloy Sala?ar explained why the Planning Commission was recommending a larger allocation than staff. Regarding Project 39, Universal Little League, Mr_ Moses Leyba and Mr. David Noyola, 4433 Valdez, spoke in support of funding this project. Regarding Project 40, the Wesley Community Center, the following individuals spoke in support of funding this project: Mr. Bob Woolsey, 5634 Moray Place; Ms. Zula Layley, 9434 Huntington; and Mr. Buddy Salvo, 4620 Connolly Drive. Minutes - Regular Council Meeting April 19, 2005 - Page 17 Finally, with regard to Project 41, Women's Shelter of South Texas, Ms. Phyllis Finley, president of the board of directors, stated the board was withdrawing their application. Mr. Bryan Stone spoke in support of funding for the project. Mayor Garrett called for public comment on each of the projects in the FY 2005 ESG program. Regarding Project 8, The Salvation Army, an un/dentified gentleman, speaking on behalf of the Salvation Army, thanked the Council for recommending funding for their project. Mayor Garrett called for public comment on each of the project in the FY 2005 HOME program. Regarding Project 8, Costa Tarragona II., Ltd., the following individuals spoke in support of funding t[us project: Ms. Debra Guerrero; Mr. Jimmy Rodriguez of the Leopard Street Corridor Association; and Mr Abel Alonzo. Regarding Project 9, El Pamiso Apartments, Nueces County Commissioner Betty Jean Longoria spoke in support of the project. Regarding Project 10, Purchase of the Former Lighthonse for the Blind Facility, the following individuals spoke in support of landing this project: Ms. Betsy Carroll, 4966 Cherry Hills; and Mr. Dan Viola_ The following individuals spoke against this project: Mr. Jimmy Rodriguez, who also submitted a petition on behalfoftbe Leopard Street Comdor Association; Mr. Gilbert Martinez; Mr. CliffHarris; Ms. Rebecca S tutts, 902 Ocacia; Mr. Victor Lara Ortegon; Mr. Baudelio Ramirez; Mr. Tony Sanchez; Mr. Abol Alonzo; an umdentified gentleman; and Mr. Gary Garrett. Mr. Kelly spoke in support of the residents in the Leopard Street area who were opposed to the development. In response to Ms. Cooper's question, Ms. Carroll stated the former Lighthouse for the Blind Facility had been leased by another group, so Metro Ministries wished to use the funds for an alternative site. She said the city had offered to help Metro Ministries acquire land in an appropriate site. Mr. Kelly spoke in support of the Leopard Street Corridor Association and other residents in this area who were opposed to the project. He took offense to comments made that seemed to disregard their concerns. Mr. Scott spoke in support of Metro Ministries, and took offense to detrimental corn ments made about the organization. Mr. Garcia empathizad with the Leopard Street Comdor Association's concerns, yet recognized that homelessness in this area needed to be addressed. He asked that the rhetoric be kept to a minimum. Mr_ Chesney agreed, saying he did not care for the tone of the discussion. Regarding Item 13, Latino Education Project, the following individuals spoke in support of funding for this project: Ms. Olga Gonzales, 1809 Yale; and Dr. Matra Sotomayor, 1045 Airline. Planning Commissioner Bryan Stone explained why the Planning Commission was not recommending funding for this project. Mr_ Scott asked why the Planning Commission did not support funding Item 8, the Costa Tarragona II pmjeet. Mr. Stone replied the Planning Commission simply followed staffs recommendation on the project. Minutes - Regular Council Meeting April 19, 2005 - Page 18 Mr. Noyola made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mayor Garrett asked Mr. Noe to discuss a number of items regarding the annual action plan. Mr. Noe reported staff had identified a way to fund a portion of Item 8, the Costa Tarragona II project in the FY 2005 HOME program. Staff recommended allocating $400,000 to Item 8 as follows: reducing Item 10 (Lighthouse of the Blind Project) by $250,000 to $150,000; reducing Item 11 (Habitat for Humanity) from $100,13t30 to $0; reducing Item 13 (Lafmo Education Project) by $50,000 to $100,000. Mr, Scott made a motion to amend the FY 2005 HOME program as recommended by staff, seconded by Mr. Kelly, and passed. Mayor Garrett asked for Council comment on the FY 2005 CDBG Program. Mr. Garcia asked for information on Project 4, Business Resource Center. Ms_ Ann Fierova, director of the Small Business Development Center (SBDC), stated her group was now overseeing the Business Resource Center. She said their proposal did not include a standalone director of the program. Mr. Noe said staffhad attempted to minimize the duplication of efforts by contracting with SBDC for services. Mr. Kirmison spoke in support of the project, but requested program updates during the fiscal year. Ms. Fierova replied affirmatively. Regarding Item 6, Clearance of Vacant Properties Program, Mr. Garcia made a motion to decrease the allocation by $80,000, and transfer it to Item 27, the AVANCE Program, seconded by Mr. Chesney, and passed. Regarding Item 16, the Main Street program, Mr. Kinnison suggested the city could partner with the Heart of Corpus Christi and/or the Downtown Management District to benefit the downtown area. Mr. Noyola spoke in support of the Item 19, the West Oso ISD tennis courts_ He said West Oso was working on assuming ownership of the tennis courts from the city. Regarding Item 20, Rehabilitation Services, Mr_ Chesney asked why the allocation had increased. Mr. Noe replied the increases were to pay for staff to administer the programs. Regard'rog Item 23, Single Family Rehabilitation Loan Program, Mr. Garcia made a motion to decrease this allocation by $20,000 and transfer it to Item 27, the AVANCE Inc. project, seconded by Mr. Chesney, and passed. Mr. Noyola abstained. Mr. Noyola made a motion to decrease Project 23 by an additional $25,000 and transfer it to Item 39, the Universal Little League, seconded by Mr. Garcia, and passed. Mr. Garcia made a motion to transfer an additional $25,000 from Item 23 to Item 34, the Mary McLeod Bethune Day Nursery, seconded by Mr. Chesney, and passed. Regarding Item 31, Corpus Christi Police Athletic League, Mr. Noyola expressed concern that since membership in the Police Athletic League was free, it was reducing participation in other neighborhood leagues. Mr. Noe offered to speak with the other leagues if they arranged a meeting. There were no Council comments on the ESG program. Mayor Garrett called for Council corrtment on the FY 2005 HOME program. Regard'rog Minutes - Regular Council Meeting April 19, 2005 - Page 19 Project 13, the Latino Education Project, Mr. Kinnison made a motion to reduce theft landing by $100,000 and transfer it to Item 16, the North,side Manor project, seconded by Ms. Cooper_ Mr. Chesney spoke against Mr. Kinnison's motion, saying it was not a duplication of funds. Mr. Kelly spoke in support of the motion. Discussion ensued over how much funding the Northside Manor needed for its project, but there was no representative in the audience_ Mr_ Garcia suggested the Council wait to act on this matter until the final reading of the annual action plan to allow a Northside Manor representative to attend the meeting. Mr. Kirmison withdrew his motion. Mr. Chapa reviewed all the proposed amendments to the FY 2005 CDBG, HOME, and ESG programs as discussed. He polled the Council for their votes on the FY 2005 Consolidated Annual Action Plan as amended as follows: GarretL Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ('NOTE: Marez abstained fi.om the vote and discussion on the Wesley Colrununity Center project (CDBG Project 40); Noyola abstained on the AVANCE (CDBG Project 27) and Northside Manor projects (HOME Project 16). There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:38 p.m. on April 19, 2005. AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of laboratory equipment from Roche Diagnostics Corp., Indianapolis, 1N based on sole source in the amount of $35,000. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. Purpose: The Texas Department of State Health Services has awarded the Health Department a grant to upgrade the laboratory to a Level B Facility. This equipment, the LightCyclerTM analyzer, will be used for rapid identification of human pathogens such as Smallpox, Tularemia and Plague. Award Basis: Sole Source In its grant, the Texas Department of State Health Services mandates standardization of protocols, equipment and instruments in Level B laboratories for the purposes of bioterrorism preparedness. The LightCyclerTM analyzer is the only analyzer that meets these standards. Funding: The purchase of this item is exempt from the competitive bidding statutes as it is a procurement necessary to preserve or protect the public health or safety of the municipality's residents. Health Department 5201 I0-1066-831505 $35,000. Michael B~a~era ' Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - PAUL J. PIERCE PRICE SHEET BF0109.-05 LABORATORY EQUIPMENT ITEM DESCRIPTION QtY. UNIT Roche Diagnostics, Corp. INDIANAPOLIS, IN Unit Price Extended Price LightCyderTM Analyzer 1 Each $35,000.00 $35,0OO.00 Total $35,000.00 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery service consisting of the delivery of approximately 126,002 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI-0075-05 based on only bid for an estimated annual expenditure of$153,722.44. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the C~ty Manager, or ltis designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY04/05. BACKGROUND: Purpose: This service will be used by the Senior Community Services for recipients of the Elderly Nutrition Program, Adult Protective, and Title XX Meals on Wheels of the home delivered meal program. This service consists of approximately 374 meals delivered to designated recipients during the noon hour, Monday through Friday for approximately 251 days. Bid Invitations Issued: Fivc Bids Received: One Pricing Analysis: Pricing has increased approximately 14% since the last bid of March 2002. Award Basis: Only Bid - The City has historically received limited responses for this service. A three hour service window and requirement to maintain 12 separate routes make this contract relatively unattractive to other bidders. Funding: Park & Recreation Senior Community Services ENP 530000-1067-00000-810805 $107,453.00 MOW 530000-1067-043000-810505 46,269.44 TVlich;el~ arrera ! Procurement & General Services Manager Total Amount: 153,722.44 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO: BI-0075-05 MEAL DELIVERY SERVICES BUYER: GABRIEL MALDONADO DESCRIPTION QTY R & R DELIVERY SERVICE CORPUS CHRISTI, TX. UNIT UN T PRICE TOTAL PRICE DELIVERY OF MEALS 126,002 MEAL $1.22 $153,722.44 CITY WIDE 4 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of traffic signal equipment from the Ibllowing companies tbr the fnllowing amounts, in accordance with Bid Invitation No. BI-0054- 05, based on low bid, low bid meeting specifications and only bid for a total of $217,522. Funds have been budgeted by the Street Department in FY04-05. Texas Highway Round Rock, Texas Ite~n No.: 1 & 4 $105,480 Paradigm Traffic Fort Worth, Texas Item No.: 2 $16,450 Ken Bridges Audio Co~us Christi, Texas Item No.: 3 $95,592 Grand Total: $217,522 BACKGROUND: Purpose: The traffic signal equip~nent will be used by the Street Department to monitor and control traffic signals at signalized intersections Bid Invitations Issued: Twelve Bids Received: Nine Pricing Analysis: Pricing has increased approximately 5% since the last purchase of like items. Av~ard Basis: Only Bid - Item 1 & 2 These items will be installed in existing traffic control monitoring systelns. As such, specific manul;acturer types were specified which are compatible with those systems. Texas Highway Products, LTD, Round Rock, Texas, and Paradigm Traffic, Fort Worth, Texas have exclusive distributorships in South Texas for the respective manuf~acturers. I,ow Bid- Items 3 Low Bid Meeting Specifications Item 4 Control 'Fectmologies', Tomball, Texas offer does not meet specification requirements regarding warranty requirements. Procurement & General Services Manager $217,522 o o o o o 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/26/05 AGENDA ITEM: Resolution approving the submission of a grant applicaUon in the amount of $469,142 Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 5. ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA Fund. REQUIRED COUNCIL AC'I'ION: Approval to submit the grant application PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for I~our years. FUNDING: Year 5 of the grant requires at least a 20% match by the City that may be cash, in- kind, or program income. Law Enforcement Trust Fund $ 8,700 In-kind contdbulion for two General Fund Auto Theft officers salaries/fringe benefits, office space and copier supplies $ 164,437 Program income consists of sales of recovered stolen vehicles and property. CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. Chief of Police Attachments: -" Grant application BACKGROUND INFORMATION The City of Corpus Christi is applying for Year 5 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unil focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of Ihe grant; this has included a resurgence of the Operation HEAT program as well as other cdme prevention programs focusing on reducing auto thefts. The grant provides $469,142 for one lieutenant to supervise the Unit, two sworn CCPD officers, one civilian Crime Analyst, one civilian Management Assistant, and one Staft Assistant to assist with data entry of auto theft crime information. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In- kind contributions in the amount of $164,437 include office supplies, copy machine, and salaries/fringe benefits for two General Fund sworn officers assigned to work with the Task Force. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (A'rPA) IN THE AMOUNT OF $469,142 TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 5, WITH A CITY MATCH OF $8,700 IN THE LAW ENFORCEMENT TRUST FUND (NO. 1061 FUND); AND AN IN-KIND CONTRIBUTION OF $164,437, FOR A TOTAL PROJECT COST OF $642,279. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Automobile Theft Prevention Authority (ATPA) in the amount of $469,142 to continue the motor vehicle theft enforcement grant within the Police Department for Year 5. The City matches for this grant are $8,700 in the Law Enforcement Trust Fund (No. 1061 Fund); and an in-kind contribution of $164,437, for a total project cost of $642,279. SECTION 2. The City Manager or the City Manager's designee, may accept, reject, agree to alter the terms and cond~ons, or terminate the grant, if said grant is awarded to the City. A'I-rEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Henry Gaffeff Mayor Assistant City Attorney ,2005 Corpus Chdsti, Texas day of ,2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garda Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:'~EG-DiR',~izabelh~Dep[ F'des~EH Reso~ut~3s'~EHres155.doc APPLICATION FOR STATE ASSISTANCE AUTOMOBILE THEI~F PREVENTION AUTHOmTY (ATPA) 1. Fc~ A'I'PA Use Only 3. a Date Submitted b. Ap~icant Identifier 2. State Program Oassifica~c~ {For ATPA Use O~ly) 4. a. [;)ate Received by S~ate b. Slate A¢~[k;atJcm IdenlJfle~ 5. A,op~cant In[onnaUon a. Legal Name: City of Ccx~.~s Chdsll b. Address (gi'~ sa~,t ~ P. O. B~x, C~ty, Cc~n[-/, Slate, and Z~p Code) P. O. Box 9016 CoqxJs Chdstl, Texas 78401 6. stere Payee IdenUflcaUo~ Number: 1746000574-1 8. Type of.4~olicabon: [] New X ConUnuaUon If Revtsion, check aof3eopdate box(es). ~ In~3~ Award [] Dec~=~. Awa/d U O~e~ c. O~ganlzed Unik Co~pus C~risU Polk:~ Departrne~ d. Name aed te'lephc~e numb~ of perso~ ~o be contadad on matters Pat Eldndge 36t~86-2696 7. Type of A,o~lca~t (e~tec Ihe a~lm3pdate leb~- in box) c A_ Slate B. C~unty C. Muni~paJ D. Township E. In~late F. Inle~n~uaiclpa~ 9. Na'na o~ Grantor Age~-,f: Texas Automobile Their PrevenUon Authodty 4000 Jackson Avenue AusUn, Texas 78731 Phone: (512) 374-5101 Fax: (512) 374-5110 Web~te; www. b:wa tchyo u rca r.com 10. T~fle c~ Pn31ecl: Ca~s Ch'lsU Au~ Their pre,c~nUo~ ~t 11 A.mas of Pro~ Ac/ivlfles (CllJ~s, Cou~lle~, Slates, e[c.) County Slart Date: 09~1/05 14. Funding TotaJ of a. b, & c musJ[ agre.e wtth d. 13. Is apf:~3~ sub~e,c[ lo revtew by slate executive c~der 12372 process? YES, tflis app4ica tten was made availa~e te IJ'~e Texas Revtew and Co,mmeat Sy..,~-a (TRACS) f~ r e',~w on [;)ate ~ NO. [] Progr~rnisnotoovemdbyE. O. 12372 a. TobaiSla~C~n[Fun~Js $ 469,142 Req ue.sled (ATPA) 15. Is Ihe ap~icant de~inque~t o~ any le(le~aJ b. Cash Matdq $ 8,700 c. te4¢md Matcfl $ 164,437 YES I f 'Yes' attac~ an ex~.a~ation X NO d. TOTAL(s) $ 642,279 16. To ~ bes[ ot my ~ and belief, ail data i~ U-~s ap,plica0on IS kue aed coffect The mt ha.s been duly authorized by Ihe gowning body c~' the ap~k:;~nt and ~'le apl:~lcant wtll c~-nply w.ith Ih,e a~cached assurances ff ihe a.ss.btance is awa-ded. a. Typed name of Auff~odzed Official C.~ge K. Nna b. Tdie c. Tete~hone Number City Manager 361-8~0-3ZZ2 d. S~gnatere of AuU'~llzed Offic~l e. Date S~g,"~d ATPA-1 AUTOMOBILE THEFT PREVENTION AUTHORITY APPLICATION TABLE OF CONTENTS Description of Proposed Project Project Approval Information Budget Summary Schedule A: Personnel Schedule A: Personnel Narrative Schedule B: Contractual Schedule B: Contractual Narrative Schedule C: Travel Schedule C: Travel Narrative Schedule D: Equipment Schedule D: Equipment Narrative Schedule E: Supplies and Direct Operating Expenses Schedule E: Supplies and DOE Narrative Schedule F: Indirect Cost Program Instructions Problem & Historical Information Goals and Objectives Functions of Proposed Project Evaluation Design Designations of Grant Officials Special Conditions ATPA-3 ATPA-4 ATPA-5 ATPA-6 ATPA-7 ATPA-8 ATPA-9 ATPA-10 ATPA-11 ATPA-12 ATPA-13 ATPA-14 ATPA-15 AT PA-16 ATPA-17-18 ATPA-19 ATPA-20 ATPA-21 ATPA-22 ATPA-23 ATPA-24-30 ATPA-2 AUTOMOBILE THEFT PREVENTION AUTHORITY DESCRIPTION OF PROPOSED PROJECT This section must include a brief description (not exceeding 200 words) of the proposed project. For conUnuatJon, If necessary, of any item on application page ATPA-1. Identify by number the Item being conUnued. This sheet may also be used for any other remarks, at the applicant's opUon. The Corpus Chdsti Police Department (CCPD) would like to continue its relationship with Auto Theft Preven6on Authority. PA'l-I', and HEAT and go forward in the reduction of auto thefts, increase auto theft recoveries, and increase public awareness in our community. It is essential to network with the Department of Public Safety (DPS), the Jim Wells Auto Theft Task Force, Customs, and other surrounding law enforcement agencies to reduce the trafficking of stolen vehicles and vehicle parts in our commune. The goal of the Corpus Chdsti Auto Theft Task Force is the prevention, detection, and apprehension of suspects through an enhanced use of technology, mapping of both the location of the stolen vehicles and their recovery location. The use of data/crime analysis, suspect linking, and a more focused approach to proac~ve enforcement will further enhance the abilities ol~ the swom personnel to prevenL detect, apprehend, and ultimately successfully prosecute suspects. Our proactive auto theft team conducts investigations or motor vehicle thefts as well as inspections of area salvage yards, accessory shops, wrecker companies, and other businesses dealing in automobile parts. The public awareness programs will be more interactive with the public. The campaigns will use the new and innovative techniques to educate law enforcement, young and old adults of auto theft prevention possibilities. We will get the public mere involved with the events occumog within the community. The auto theft prevention public awareness program will be very visual in the community through television, radio, and visual signs. ATPA-3 AUTOMOBILE THEFT PREVENTION AUTHORITY PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require state, local, regional, or other priodty r ia~? [] Yes ~1~ No Item 2. Does this assistance require state, or local advisory, educational, or health c e~rance? Item 3. [] Yes I~/,~..o Does this assistance request require TRACS review? ~ [] Yes No Item 4. Does this assistance request require state, local, regional, or ~_~er planning approval? /~Yes [] No Item 5. Is the proposed project covered by an approved comprehensive plan? [] Yes '~No Item 6. Will the assistance requested serve a federal installation? ~N [] Yes o Item 7. Will the assistance required be on federal land or installation? [] Yes Item 8. Will tho assistance requested have an Impact or effect on the envlronme, e.~.t? [] Yes /l~No Item 9. Will the assistance requested cause the displacement of individuals, families, businesses or farms? [] Yes '~No Item 10. Is there other related assistance on this project (previous, pending, or anticipated)? [] Yes ~No Item 11. Is the project in a designated flood hazard area? [] Yes Name of Governing Body Priority Rating Name of Agency or Board (Attach Documentation) (Attach Comments) Name of Approving Agency City of Corpus Christi Check One: [] State [] Local [] Regional Location of Plan Name of Federal Installation Federal Population Benefiting from Project __ Name of Federal Installation Location of Federal Land Percent of Project See instructions for additional Information to be provided. Number of Individuals Families Businesses Farms See instructions for additional informaUon to be provided. See instructions for additional information to be provided. ATPA-4 AUTOMOBILE THEFT PREVENTION AUTHORrr'Y BUDGET SUMMARY L $ Section A~udget Summary Budget Categories A~i~A Cash(~atch Funds I A Personnel (Salaries) 294,521 2 A Personnel (Fringe Benefits) 144,080 3 B Contractual 4 C Travel 8,700 5 D Equipment 6 E Supplies & Direct Operating Exp. 30,541 7 Total Direct Charges (s,,~ ~.~ 469,142 8,700 8 F IndlrectCosts 9 TOTALS 469,142 8,700 (3) T(o4~l In-Kind Match 107,486 402,007 44,463 188,543 8,700 12,488 43,029 164,437 642,279 164,437 642,279 Section B Cash and/or In-Kind Match Enter separately each source of matching funds and the amounts. Total Match must agree with Une 9, Column 2 above and the total of lines 14 (b) and (c) on ATPA-I. CASH TOTAL $8,700 Source Amount Source Amount LETF $8,700 Total Program Income PROGRAM INCOME $ 0 IN-KIND (To(~ mu~ ~ ~ ^TP~.S, LM* ~) Schedule Amount Schedule Amount A $151,949 D B E $12,488 C TOTAL S0 TOTAL $164,437 TOTAL MATCH $173,137 ATPA-5 AUTOMOBILE THEFT PREVENTION AUTHORITY '" SCHEDULE A PERSONNEL 1. Direct Salaries Tire or Position * (A) Crime Analyst (B) Management Assistant (C) Lieutenant (D) Senior Officer (non sup) (E) Senior Officer (non sup) (F) Senior Officer (non sup) (G) Senior Officer (non sup) (H) Staff Assistant (I) (K) (L) Overtime 571 hours @ $401hr TOTAL Direct Salaries % of Salary 2 100% 100% 100% 100% 100% 0% O% 100% FICA Retirement Insurance 2. Fringe Benefits % or $ Rate 7.65% ~ 14.03% Other (Explain) ATPA Funds 40,039 35,061 21,261 22,840 294,521 22.531 41,321 69,848 10,380 (2) (3) (4) Cash Match In.Kind TOTAL 55,486 52,000 107,486 15,080 17,200 3.~60 40,039 35,061 64,348 55,486 55,486 55,486 52,000 21,261 22,840 402,007 30,754 56.402 87,048 14,340 TOTAL Fringe Benefits 144,080 188,543 TOTAL PERSONNEL BUDGET 144,080 ATPA-6 590,055 AUTOMOBILE THEF'[ PREVENTION AUTHORITY SCHEDULE A NARRATIVE 1. Include only one position per line. Attach a description of the duties or responsibilities of each position. (Job posting can not substitute for descriptive narrative for each position.) 2. Percentage of salary to be funded by grant funds. 3. Should reflect employee's gross salary attributable to the project. 4. Include percent of time on auto theft for each position. (40 houm per week) Crime Analyst: (1) Using a variety ofteclmiques, collects, collates, and analyses crime data specific to motor vehicle theft and criminal activity (2) Conducts statistical analysis of criminal activity using SPSS statistical software (3) Gathers information in order to identify crime trends and patterns for departmental personnel (4) Prepares reports as requested by the supervisor. Management Asst_: (1) Serve as office manager for the auto theft unit (2) Responsible for the development and regulation of the grant apphcation and budget as it relates to the grant (3) Serves as a grant liaison to City Hall, ATP& all area law enfoicement agencies, media, and other agencies working w'~thin the grant (4) Develop, coordinate, and deliver a full scale public awareness program on motor vehicle theft_ Lieutenant: (1) Serves as the supervisor for the task force (2) Coordinates all tactical investigations based on the provided crime analyses (3) Communicates with the administration of the pelice department on all auto theft related matters (4) Oversees both proactive and reactive auto theft ~ponse teams. Senior Officers (2 Reactive / 2 Proactive): (1) Work on all proactive and reactive investigal/ons and tactical responses (2) Conduct area salvage yard insp~tious (3) Coordinates with other ~ law enforcement agencies for multi-jurisdictional cases. StaffAssistant: (1) Daily en~j of all stolen and recovered vehicles (2) Creating mailing databases for outreach efforts (3) Creating an ongoing intranet clatabase serving as a daily tool for auto theft detectives to utilization in their daily assignments and (4) Creating an interactive database for city intranet of local auto thieves including pictures and MO information for the use of detectives. Overtime: The units overtime budget has been increased for the following reasons: (1) Many of our large investigations are consuming more overtime hours than previously thought. Most of the large cases break atter normal business hours, thus it is imperative for our detectives to work overtime. (2) Our public awareness campaign is targeting people who leave their keys in their car. Events that include major parades, public awareness events, and other meetings are generally scheduled for weekends and evenings. We would like to pay 571 overtime hours for public presentations, undercover operations and call out investigations. Clothing & Other. The following are direct salary expenses for the officers noted: Plain Clothes Allowance $ 900 per year per officer Clothing Cleaning AllowanceS 35 per month per officer / year Education Incentive Pay Longevity Pay Pistol Pay SWAT Pay Bomb Pay Breathlyzer Operator Varies per month per officer Varies per year for all officers $ 25 per month per officer / year $ 900 per year $ 900 per year 5;360 per year ATPA-7 Total: $ 5,400 yr $ 2,520 yr $ 4,260 yr $ 6,024 yr $1,800 yr $ 900yr $ 900yr 5; 360 yr $22,164 yr AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES Description of Service (A) (B) (c) (D) (E) (F) (H) (I) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES (1) (2) (3) ATPA Cash In-Kind Funds Match Match (4) TOTAL ATPA~ AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE B NARRATIVE REQUIRED NARRATIVE: Briefly describe any anUcipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line Item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, If any. ATPA-9 AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE C TRAVEL 1. Local Travel (1) (2) (3) TiUe or Position Miles Traveled ATPA Cash In-Kind Annually/$Rate Funds Match Match (A) Management AssL 1,000 1 37.5 c/m 375 (C) (D) (E) (F) (G) (H) LOCAL TRAVEL TOTAL I 375 2. In-State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination ATPA Cash San Antonio, Texas Austin, Texas Shrevport, La. Austin, Texas IN-STATE TRAVEL TOTAL Funds Match 2079 1764 3558 924 In-Kind Match ATPA Conference ATPA Board Meetings TAV'I'I Conference DP$ Training 3. Out-of-State Travel (Specify clearly and use continuation pages if necessary) Purpose DesflnaUon ATPA Cash In-Kind Funds Match Match (4) TOTAL 375 375 TOTAL 2O79 1764 3558 924 8325 TOTAL OUT-OF-STATE TRAVEL TOTAL TOTAL TRAVEL BUDGET 8700 ATPA-10 AUTOMOBILE THEFT PREVENTION AUTHORI'rY SCHEDULE C NARRATIVE REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (I.e., mileage rates and per diem rates). Specify purposes for each Item of travel. Break out costs of each In-state and each out-of-state hip to separately show the specific costs of ~nsportaflon and per diem. Purpose ATPA Confc~'nc~ TAVTI - Texas Assos. Of Vehicle Theft Investigator~ ATPA - Board M~etmgs (Quarterly - 3 meetings) DPS Training (2 ~'parate trainings) Auto Theft Investigations / Insurar~e Fraud Destination San Antonio, Texas Shrevport, Louisiaaa Austin, Texas Austin, Texas ATPA Funds Itemized Cost Meals -~47 per diem (7 ind / 3 days) Lodging = 1092 (4 rooms / 3 mghts) Meals = $700 ($175 per ofcr / 5 ofc) Locl~ng = $1170($78 nfl3 nrta/5 nts) Registration= $600 ($150 each) Airfare= $1088 ($272 ea / 4 ofcr) Lodge=S498 ($83 nt/2 rooms/2 nts) Grant Review (1 room add / 2 nts) Meals= $258 ($43/2 ind / 2 days) Grant Review (1 ind / 2 days) Lodging=S500 (2 rooms / 5 nights) Meals= $184 (2 dinners / 4 officers) Registration=S240 ea(4 officers $64 Destination ATPA funds Cash Match Itemized Cost ATPA-I 1 AUTOMOBILE THEFT PREVENTION AUTHORITY EQUIPMENT PURCHASES Equipment Name or Description and Quantity (Do Not List Brand Names) (A) (B) (C) (O) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (O) (P) (Q) TOTAL EQUIPMENT PURCHASES SCHEDULE D ATPA Funds (2) Cash Match (3) In-Kind Match (4) TOTAL ATPA-12 AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE D NARRATIVE REQUIRED NARRATIVE: Briefly describe the use of equipment and the cost of each line Item. N/A ATPA-13 AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE E SUPPUESAND DIRECT OPERATING EXPENSES Directly Charged Supplies and Other Operating Expenses (A) Office Supplies (B) Communications 1. Cellular Phone Airtime ($5ox12x6) 2. Pager ($5.25X12XS) (C) Public Awareness Media (D) Postage (E) Fuel and Maintenance (F) Rental Space (CCPD Ofc.) .527715q ft (G) Copier Supplies (H) Confidential Funds (I) Miscellaneous: CoveralLs, Tools for Inventory of salvage yards (J) Vehicle Maintenance (K) (L) (M) (N) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES (1) ATPA Funds 2,000 3,600 441 10,000 50O 4,000 9,499 2,989 5,000 1,000 4,000 30,541 (2) Cash Match (3) In-Kind Match 9,499 2,989 12,488 (4) TOTAL 2,000 $3600 441 t0,000 500 4,000 9,499 2,989 5,000 1,000 4,OO0 43,029 ATPA-14 AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE E NARRATIVE REQUIRED NARRATIVE: BHefly describe the basis for arriving at the cost of each line item AND THE USE OF EACH ITEM. Office supphes ($2,000) - based on current usage of the laser printer, fax machine, md other essential office supplies. Communications - a. Cellular phones ($3600) - City contracts with Cingular Wireleas - average ah'time for CCPD in total is $50 l~r month b. Pagers ($441) - City contracts with Metrocall pagers at monthly rate of $5.25 digital pager. Public Awareness Media ($10,00~) - This will allow ns to print promotional items as incentives for signing up with the H.E.A_T. program and as giveaway's at public presentations. It will act as a supplement to the promotional materials that are given out by R.A.T.T. These funds will also be used to sponsor booths at local faire and events. In addition, the department will approach local convenience store owners as well as auto dealers to assist in the printing of literature to assist in our public awareness campaign. Estimated expenditures. Postage ($500) - Estimated expenditure for pubhc awareness materials Fuel and Maintenance ($139 X 3 X 12) ($4000) - Estimated and projected expenditures for (3) leased vehicles based on current usage. Rental space (CCPD office) _5277/sq fl ($9,499) - location of grant team is in the CCPD office; rate basod on current image. Copier / Supplies ($2,989) - Estimated expenditure_ Confidential Funds ($5,000) - These funds will be used to pay confidential informants. The informants will be used for intelligence gathering during undercover stings. The confidential informants will w~ar the wire that is to be pumhaq~l with funds requested above. Miscellaneous ($1,01210) - For unforeseen expenditures such as small tools, coveralls, small equipment, etc. Maintenance on Vehicles ($4000) - Maintenance for 4 vehicles for Auto Theft Investigators on the Task Force. Maintenance will range from oil changes, tire maintenance, vehicle upgrades, and engine maintenance. ATPA-15 AUTOMOBILE THEFT PREVENTION AUTHORITY SCHEDULE F NARRATIVE Currently ATPA does not fund Indirect costs, except for the Council of Governments agencies. Applicants may not use option (A) without having an official cost allocation plan developed In accordance with OMB Circular No. A-87. The amount may be entered as ATPA funds or cash match for those applicants having such an approved plan. ATPA-16 AUTOMOBILE THEFT PREVENTION AUTHORITY PROGRAM NARRATIVE (Instructions) To be considered for funding, a proposed grant project: 1. Must address a pro.em that is deady identified, is measurable and is supported by ralevant statistical evidence; 2. Must minimize duplication or overlapping of exJsting programs; 3. Must have a design wherein the activities and goals are realistic and attainable; 4. PrMerably should, but is not required to, be innovative in its concepU design/operation; (a project is considered innovative if it provides a new and different stJ'ategy or approach that prevents, deters, intervenes, or stops a criminal act from occurring); 5. Must have a cost stJ-ucture which is realistic when compared to its goals; 6_ Must cooperate and coordinate its ac~Jvi'des with other appropriate agermies/projects; 7. Must include measures to assure that it demonst~tes ~ uss-cultural awareness in all project activities and in its staffing and training; and 8. Must inctude a ~ evaluation design that provides relevant data to measure the effectiveness of ~ project and a plan for performing such evaluation. I1. Accordingly, the Program Narrative must present the Information by which the eligibility and merit of the prc~ect can be assessed. Applications will be scored and ranked numerically, for funding consideration, according to the congruence of the project with the criteria stated above. At a minimum, the five sections of the Program Nan'atlYe must Include the following Information: PROBLEM STATEMENT & HISTORICAL INFORMATION: (r~ease limit Information to 2 pgs) · Provide an ~,sessrn~t of the auto theft peot~em in the areas of coverage and vahat efforts have been undertaken to address It. a. Describe and document I~ends o~ the problem and the ncc'J~ that makes this grant necessary. (e.g.. cite 3 years of UCR data) b. Identify the target population and the geographic target area. c. Describe eHsting activities I~hat address the problem. d. Describe the extent to which this project will duplicate ex' overlap existing activities, and why that (if any) is necessary. e. Provide and cite accurate statistical date for problem in project area. ATPA-17 AUTOMOBILE THEFT PREVENTION AUTHORITY PROGRAM NARRATIVE (Instructions Continued) PROPOSED GOALS & OBJECTIVES: · The ap~icant must provide specific goals and objectives f~' the ffojest that are consistent wi~ the proposal. The goals should reflect the ovarall impact that you intend the project to attain. · The obje,ctNes should explai~ how Ihe goal will be accoml~ished. The activities described should support the g~3J and be Sp~miflc, Measurable, ActJon-odenled, RealislJc, and Time-oriented. a. Describe the specific goals of the project. b. Describe the proposed activities of this project. Inctude any quantifiable data by which project activities can be measured. c. Describe how the project will impact the stated problem. d. Describe the functions ol~ significant personnel involved. e. Describe proposed plan for auto thee crime prevention, education and training. FUNCTIONS OF PROPOSED PROJECT: The ~unctions of the project should: · Ide~lffy the target popula6on, the esl~mated number of persorts to be served, and the service needs Io be met by this project. · Describe ~ applicant's experience or qualifications. Describe how this project will cooperate/coordinate acfivif~es with other appropriate agendes/projects. ~ Describe in what way (if any) is this project innovative and what methods taken to assure that the pcoject demoestmtes cross-cultural awareness in all project activities and in its staffing and b'alnlng. EVALUATION DESIGN: · The program evaluation should indicate how the applicant will assess the success ol~ the project and the exten! to which ~ sbategy achieved the project's goals and objectives. a. Describe the design oi~ a plan I~- local evaluation of this project. b. Cite relevant data that will be used to measure lhe effectiveness of this project. c. Describe the mechanism to evaluate the program's progress. ATPA-18 AUTOMOBILE THEFT PREVENTION AUTHORrr'Y PROGRAM NARRATIVE Problem Statement and Historical Information (See Instructions on page 17) Over the past 9 years, the City of Corpus Christi has averaged 1050 to 1500 auto thefts annually. The ~ reveals several reporting distxicts that continuously have the highest number of stolen vehicles. Throughout the City, some of thc specific arcaa that arc targeted by thieves arc strip malls, motels, large apathncnt complexes, and other areas with a high level of prostitution, drug activity. 37% of reported auto thefts occur between the hours of 10 p.m. and 4 a.m. Thc Port Authority of Corpus Christi has developed a major container shipping facility that ships 800,000 containers annually with a strong focus on the North and South trade corridor with Mexico. With the container shipping in our area, the potential of exportation of vehicles and vehicle parts escalates drastically. The Port is the 7th largest Port in tonnage, primarily in importation and exportation of petroleum products in the Umted States. Each year the Port Authority of Corpus Christi is expanding theix facilities and their range of exportation. This expansion positively benefits the Corpus Christi community, but affects auto theft negatively because of all the exportation bonefits to the auto thief. In addition, there are specific problematic a~as in Corpus Christi and surrounding areas that need to be addresaed. Different groups of auto thieves are targeting vehicles such as Chevrolet products, trailers, Ford Super Duty Series bucks, and vans. Tiu~ugh tactical crime analysis the auto theft task force will focus on these specific groups of auto thieves. Statistical analy~eS will allow the auto theft detectives to make predictions concerning when the crime occurs, at what location it occurs, how it occurred, when will it happen again and in what maancr. With the statistical data, we have immediate information which is beneficial for timely follow up on auto thefts. Thc Statistical and mapping aa,, will help to track where these vehicles are being stolen and recovered. This dnla ca.n also be paased on to the pah-o[ officers to better determine when an auto theft might occur and what part of the city. The Statistical Analysis gives the task force a better grasp of what is out there and what to expect m regards to crime trends and patterns. Thc City of Corpus Christi has a population of 312,000 and covers an area of 450 square miles, of which 120 is laad and 330 is water. The City is located on the Gulf of Mexico within 140 miles of l-aredo and 160 miles of Browmwille. South Texas serves as a prime source for the trafficking of stolen vehicles and parts on their way to Mexico, Guatemala, or points further south (stolen farm machinery and construction vehicles generally end up in Mexico or Guatemala). We have a team of 7 sworn police officers working both proactively and reactively on cases/investigatious. The proactive team with thc assistance of the reactive team have conducted 10 salvage yard inspections during the 1it two quarters, which have resulted in several arrests, several stolen vehiclea and a large amount of stolen parts. During thc prcv/ous grant year, the auto theft investigators with the assistance of civilian pomormel had conducted a very limited amount of salvage yard inspections. As a result of these salvage yard inspections, 295 vehicles were inspected and 4 vehicles were recovered and secured. Several arrests were made and citations wer~ issued during the salvage yard inspections which contributed to the recovery amount of grant year 2003-2004 totaling approximately 121,000 in recovered parts and property. This amount contributed to the overall recovery of S.l million for the entire 2003-2004 grant year. The salvage yard inspections have increased awareness of salvage yard owners. ATPA-19 Networking is an essential function of our task force. The officers work closely with DPS (Department of Public Safety) Motor Vehicle Theft Division as well as other local law enforcement agencies and other established ATPA Task Forces when cases are jointly being investigated. Currently, we share valuable information such as investigative leads and data that our agency generates with other area agencies in a combined effort to solve cases. During the current grant year, we have seen an increase in insurance fi'aud cases and as a r~ult have established a bond with NICB and other special investigative officers of various insurance agencies. This combined effort between our agency and other surrounding law enforcement agencies has resulted m positive relationships, proactive investigation results and several convictions. This grant year, the task force implemented several proactive techniques to help reduce auto theft_ Some of the techniques that were used during this ttme were bait vehicles at high auto theft area.s, "chop shop" investigations, salvage yard inspections, surveillance of auto thieves, fictions chop shops and cultivating criminal informants. The graphs alongside represent the top reporting districts in which auto thet't is occurring. This information was used to designate the most crucial point to set up the bait vehicle with GPS and computer generated surveillance. Most Freaueut Location: RD 5071-21 ( Ah'line between Holly Rd. & Williams Dr.) RD 4052 -18 (Holly between Carroll Ln. & Weber Rd-) RD 5062-15 (S.P.I.D. between Flynn Pkwy & Weber Rd-) RD 1039-13 (Navigation between Leopard & I37) RD S064-13 (S.P,I.D. between Everhart & Flyun Pkwy) Seven'al awareness campai~,nn and educ.~ional programs have be~n formulated and put to work to educate our young and old. Public awareness programs will target and educate with the I-[EAT program, Watch Your Car program, VIN etching and a special focus to those who leave their keys in the car. We will be focusing strongly on apartment complexes due to the escalating auto thetlcs occurring in those areas. This project does not duplicate or overlap any existing activities. This project is a beneficial project that continues to benefit thc community in a positive and proactive manner. The Auto Theft Task Fome is involved with activities, which include salvage yard inspections, fictitions chop shops to lure auto thieves, and stake outs for possible suspects. With these proactive approaches several casea have been initiated and solved by the task force prior to a ring of auto thefts occurring in high auto theft areas. The proactive approach to this gateway crime has proven to be a success in capturing the unsuspecting criminal or criminals. ATPA-20 Thc City of Corpus Ctwisti has averaged 1325 motor vehicle thefts within the last 4 years. There has been a 29.9 % decrease m auto thefts since the inception of the ATPA grant in 2001 to current grant year 2004. The bar graph to the right shows an average decrease of 8.3 % within the last 4 years. According to UCR reports, the auto theft rate of stolen vehicles in 2004 was 1062. The number of vehicles stolen in Corpus Christi is the lowest it has been since 1990, which was 1249 vehicles. The number of cases filed for grant year 2002/2003 compared to 2003/2004 has r~mained moderately stabilized around 300 being filed and accepted by the District Attorney for prosecution. In 2003/2004 we filed 303 cases, which is 28% of cases filed, and in 2002/2003, we filed 379, which is only 29% of vehicles filed. The Auto Theft Task force has averaged approximately 28.5% of all cases brought before the DA has been filed and prosecuted. Of the 1062 motor vehicle thells in 2004, the majority occurred in June, with February being the slowest month of the year. This is represented in the bar graph to the right. The largest percentage of vehicles are stolen beseem the houn~ of 10p.m. and 4 a_m.. This statistic is represented in the pie chart to the right. The largest portion of vehicles are stolen on Friday, which is represented in the bar chart below. Top § Vehicle Models Stolen in Corpus c"h~isti in 2004 1. Chevy/GMC 15OO (97) 2. Ford F150 (48) 3. Chew/OMC Suburban (30) 4. Dodge 1.500 (30) 5. Ford FZSO/3DO (24) Number o[ Auto Thert.s By Year (2001-2004) Number of Auto Thefts Stolen by Mon~ (Corpus Christi, 2004) Auto Thefts by '13me of Day Corpus Chrisli, 2004 Top § Vehicle Makes Stolen In Corpus Christi in 2004 1. Ford (25.7%) 2. CheW (23.6%) 3. Dodge (10.6%) 4. GMC (4.3%) 5. Toyota (3.4%) ATPA-21 Auto Thefts by Day o[ tho Week Corpus Christi, 2004 AUTOMOBILE THEFT PREVENTION AUTHORITY PROGRAM NARRATIVE 2. Goals and Objectives (See Instructions on page 18) a. Describe the specific goals of the projecL The Cowus Christi Auto Theft Task Force will continue proactive investigation techniques to focus on the prevention, detection and apprehension of suspects. The team of civilians will continue to provide an enhanced proactive approach through data/crime analysis, suspect linking and in providing weekly lists of stolen / recovered vehicles on particular beats for the officers in the field. The public awareness campaign will target drivers who leave keys in their vehicles. The campaign ~s geared towards also promoting the HEAT program, VIN etching program as well as the Watch Your Car Program_ Public awareness programs will promote awareness at aparmaent complexes, shopping centers, convenience stores, and many other entities. b. Describe the proposed activities of the project. Include any quantifiable data by which project activiUes can be measured. Thc Team will conduct monthly inspections of area salvage y~rds, accessory shops, wrecker companies, and other automobile part businesses, These inspections will focus on the soiling of automobiles without proper liceuses and titles of vehicles that were fi'audulently purchased with stolen identities f~m area car dealers. Many cases have resulted in altered vehicle identification numbe~ on vehicle in/ormation and the Unit conducts an examination and documentation of these alterations. A database and/or written documentation will be created to note all types of altelalions. The Unit will initiate and conduct long and short tcmx proactive investigations resulting fi'om kfformation received from citizeus, law enforcement officers, and confidential informants as well as active crime/data_ These investigations will lead to the capture or' the motor vehicle theft suspects as warrants are made available. Undercover surveillance and reve~als will occur with the assistance of confidential informant funds, fl~e bait vehicle equipment, the GPS unit and audio surveillance_ Proactive operations designed to apprehend suspects in the auto thefts and insurance frauds will continue. The civilian crime/data analyst will continue to develop and maintain intelligence files, generate statistical reports to catalog offenses, locations of offenses and recovered vehicles, vehicle information, fi'equency of crimes and other details to identify emer~ng crime patterns and trends. This informatmn is being distributed to the Auto Theft Unit and Patrol. With this data, the Crime Analyst has genera, ted reports which indicate the reporting districts with the highest auto theft rate. The Crime Analyst produces a weekly stolen vehicle summary that outlines auto the~ by location and recoveries. These reports will produce the repetitive patterns of thefts_ The Management Assistant will continue to implement and coordinate the public awareness campaign with a major focus on the large percentage of thefts occurring due to keys left in vehicles. The campaign contains the following strateloes to accomplish this task: Drivers education classes, senior citizen community centers, assisted living communities, neighborhood on watch programs, area mall parking lots, billboards, new car buyer orientations, TV / radio commercials and programs, newspaper articles, public service announcements, press releases, movie screen advertisements, bill inserts, water bill messages and booths at community event& The campaign will also coordinate with existing community programs, Citizen Advisory Councils by attending meetings with community leaders and citizens to discuss area problems and possible ATPA-22 solutions In combining public awareness programs with other law enforcement divisions we will provide an additional level of proactive public awareness to officers and civilians. Monthly m-service training for Patrol officers will be scheduled to enhance their abilities to locate stolen vehicles. With Mobile Data Computers in their vehicles, field officers can provide a very effective enhancement to the Unit's ability to recover stolen vehicle~. The following data will be collected. This is the minimum data~ but as the Unit progresses other data elements will be added. Number of Auto Theft arrests Number of Cases Worked Number of Cases Filed Number o f Vehicles recovered Number of Training classes attended Numl:~- of Public Awareness Pte~ntations Value of Parts recovered Miscellaneous property recovered Number of salvage yard inspections Number of training classes provided Uniform Crime Report motor vehicle theft offense reports c. Describe how the project will impact the stated problem. Through the implementation of the above strategies we will accomplish the following: a. Increase the number of auto theft cases filed to 350 b. Initiate 70 self initiated cases to include proactive cases through information from statistical / mapping data c. Increase salvage yard inspections to 40 d_ Increase the public awareness programs presented to 100 e. Issue 100 crime analysis bulletins fi Investigate 30 insurance fraud cases g. Investigate 20 title fraud cases h. Photograph and document 120 vehicles sold at CCPD auctions & routinely cheek that totaled vehicles are not used to re-vm stolen vehicles. i. Conduct a I day intelligence sharing seminar twice a year with surrounding agencies to educate detectives, SIU's, and other law enfomement agencies about auto the~ and trends in South Texas. d. Describe the functions of significant personnel Involved. All sworn personnel are members of the Corpus Chh;ti Police DepaaLmenL The Lieutenant serves as the sul~rvisor over the five sworn officers, the Management Assistant, the Crime/Data Analyst, and the data ~ntry pemon_ The entire group works in a team-based envimument, e. Describe proposed plan for auto theft prevention, education, and training With a significant number of all auto theft, s the result of victims leaving keys in vehicles, thc public awareness campaign has a great potential to reach many vulnerable citizens. We will conduct 15 presentations in the community to provide information on Auto Theft Prevention_ We will conduct 2 auto theft intelligence sharing sessions throughout the year. We will conduct an in-service class once a month for police officers. We will do press releases, public service announcements and interviews as needed. The public awareness campaign will utilize ex/sting and new methods and strateg/es for commurfity education and involvement. ATPA-23 AUTOMOBILE THEFT PREVENTION AUTHORITY PROGRAM NARRATIVE 3. Functions of the Proposed Project (See Instructions on page 18) a. Identify the target population, the estimated number of persons to be served, and the service needs to be met by this project. The City of Corpns Christi and Nueces County has a population of 312,000 each of whom could at one point or another become a victim of motor vehicle theft_ With a significant number of all auto thefts being the result of victim~ leaving keys in vehicles, the public awareness campaign bas a great potential to reach many vulnerable citizzns. Inspections of area salvage yards will result in businesses either being closed or following state mandated laws so they won't be involved illegal activity, thus preventing citizens from becoming victims by possibly buying stolen auto parts. b. Describe the applicant's experience or qualifications. Thc City of Corpus Christi has over 3,500 employees with an annual budget of $367 million. The Police Department has 448 sworn officers, 225 civilians, and an annual budget of $48 million. The Police Department currently is operating 15 grants with all financial paperwork proces~ by the City of Co~pus Christi Finance Office. All aspects of payroll and other expenditures are prepared al the Police Department and forwarded to the Finance Office. All procedures for purchases fall under the City Charter and State Law. c. Describe how this project will cooperate/coordinate activities with other appropriate agenclesJproJects. The Coxpus Christi Auto Thell task force will continue to work with Customs, DPS, ATPA Task Forces, and other sun-ounding law enforcement agencies to reach areas outside Corpus Christi_ The officers in thc reactive as well as the proactive auto theft task force have been deputized and now have the jurisdiction to extend theft searches to Klcberg, and Kennedy. Additionally, all data crime analysis bulletins, and mtclligenco reformation will be shared with other Task Forces in an effort to consolidate our efforts. We strive on working as a team and by sharing information with other agencies, we accomphsh more in a shorter amount of time. ATPA-24 Describe in what way (if any) is this project innovative and what methods taken to assure that the project demonstrates cross-cultural awareness in all project activities and in its staffing and training. The Auto Theft Task Force will continue to use a proactive approach to motor vehicle thefts through the use of crime/data analysis. Law enforcement will utilize the civilian product and vital auto theR information. The sworn officers will work proactively by using the information provided by the civilians th_rough technology. Detectives will apprehend the suspect by tracking and surveillance prior to him/her committing a series of auto thefts. We consider this innovative in that it is managing crime with technology a very strong focus on being proactive. The public awareness campaign will utilize existing and new methods and strategies for commuaity education and involvement. The employees hired under the grant are employees of the City of Corpus Christi, Police Department. The hinng followed established policies and practices of the City which has an equal employment opportunity policy. The officers hired were covered under the collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Police Officers A,.~sociation_ The public awareness campaign is striving to make contact with all demographics present within the City of Corpus Christi. The campaign will reach people of different socio-economic status, cultures, backgrounds, ages, physical abilities, educational backgrounds, and geographical locations. The diverse raage of individuals that the public awareness programs are geared towards Semor citizens, college students, and individuals involved in the neighborhood initative programs (NIP). ATPA-25 AUTOMOBILE THEFt' PREVENTION AUTHORITY PROGRAM NARRATIVE 4. Proposed Evaluation Design (See Instructions on page 18) Meesuremen/ Uniform Crime Report motor vehicle theft offense reports Number of Vehkfles Recovered Measurement Number of Cases w~-ked by Auto Theft Unit Number of Cases filed Number of Proactive Investigations Value of ve~lcles recovered Miscellaneous property recovered Number of regulatory Inspections Numbe~ of cr'~ne analysis bulle{Jns issued Numbs- of public awareness prc~rams Calendar Year Performance Measures 2003 ActuaJ 2004 Actual 2005 Goals 1280 1062 1092 843 850 Grant Year Performance Measures 2003 Actual 2004 Actual 2005 Goals 1494 1477 391 371 73 75 8.46 million 7.99 millbn 6 millbn 41,975 50,000 11 10 40 75 165 100 110 123 2005 Jan - March 999 230 191 2005 Jan - March 1500 298 350 77 80 12 1.3 million 5,250 6 100 27 ATPA-26 AUTOMOBILE THE~='r PREVENTION AUTHORITY DESIGNATION OF GRANT OFFICIALS ATPA rules require that three persons be designated to the positions of Authorized Official, Project Director, and Financial Officer for the purposes of administering a granL The Project Director and the Financial Officer may not be the same person, but under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsibilities set forth In the Financial and Adminlstrsflve Requirements section of the ATPA Grant Application and Administration Guidelines goveming submission of this application, the following designations are made: APPLICANT: Cih, of Comus Christi PROJECT TITLE: Auto Theft Prevention Unit P. Alvarez, Jr. Project Director (Type or Print) Chief of Police Comus Christi Police Department TItle and Agency P. O. Box 9016 Business Address (Street or P. O. Box) Comus Christi, Texas 78469 City Zip 361-886-2604 361-886-2607 Telephone and Fax Numbers Ms. Cindy O'Brien Financial Officer (Type or Print) Director of Finance TItle and Agency P. O. Box 9277 Business Address (Street or P. O. Box) Comus Christi, Texas 78469 City zip 361-880-3610 361-880-3601 Telephone and Fax Numbers Mr. George K. Nee Authorized Official (Type or Print) CIW Manaqer Title and Agency P. O. Box 9277 Business Address (Street or P. O. Box) Corl~us Christi, Texas 78469 City Zip 361-880-3220 361-880-3839 Telephone and Fax Numbers ATPA-27 AUTOMOBILE THEFT PREVENTION AUTHORITY SPECIAL CONDITION AMERICANS WITH DISABILITIES ACT CERTIFICATION The Grantee hereby assures and certifies compliance with Subchapter II, Part A of the Americans with Disabilities Act (ADA), 42 U.S.C., Sections 12131-12134, and Department of Justice ADA regulations, 28 CFR Part 35. Authorized Official Date City of Comus Christi Grantee Auto Theft Prevention Unit Project Title ATPA~8 AUTOMOBILE THEFT PREVENTION AUTHORITY SPECIAL CONDITION COMPLIANCE REQUIREMENT The attached digest of your grant application represents the Automobile Theft Prevention Authority Board's approved amounL The digest represents budgeted amounts only and does not approve any items that conflict with the participating agency's parsonnel, procurement, travel, or local government code policies and procedures. The grantee will be responsible in determining that the following requirements am being met prior to the release of funds: 1) Salaries are In accordance with local policy of the participating agencies. 2) Personnel ara classified In accordance with the needed qualification for the position. 3) FHnge Benefits are In accordance with local policy of the participating agencies. 4) Travel Policy Is In accordance with the travel policy of the participating agencies. Authorized Official Data City of Corpus Christi Grantee ATPA~9 AUTOMOBILE THEFT PREVENTION AUTHORITY SPECIAL CONDITION EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, George K. Noe , certify that: This agency employs fewer than 50 people; therefore, the (Agency) Is not required to file an equal oppo~unlty progmm in accordance wiffi 28 CFR 42.301 e~ seq.,Subpart E. or This agency employs 50 or more people and has received or applied to the Automobile Theft Prevention Authority for total funds In excess of $25,000; therefore, the City of Corpus Christi has formulated an equal employment opportunity (Agency) program In accordance with 28 CFR 42.301 et seq., Subpart E and that it is on file In the office of: Cynthia Garcla (name) Director of Human Resources (title) P. O. Box 9277 Comus Christi, Texas 78469 (address) for review or audit by an official of the Automobile Theft Prevention Authority as required by relevant laws and regulations. PROJECT TITLE: Auto Theft Prevention Unit Authortzed Official (signature) Date Date ATPA-30 AUTOMOBILE THEFT PREVENTION AUTHORITY SPECIAL CONDITION ASSURANCES A Grantee and the Applicant hereby makes and certifies that as grantee, It and any subgrantee shall comply with the following conditions: 1. A grantee and subgrantee must comply with ATPA grant rules and UGMS. 2. A grantee and subgrantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any persons related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such period sUpulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person In the prohibited degree. 3. A grantee and subgrantse must Insure that all Information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours In compliance with Texas Govemment Code, Chapter 552, unless otherwise expressly prohibited by law. 4. A grantee and subgrantee must comply with Texas Govsmment Code, Chapter 551, which requires all regular, special or called meeting of govemmental bodies to be open to the public, except as otherwise provided by law. 5. A grantee and subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child payments. 6. No health and human services agency or public safety or law enforcement agency may contact with or Issue a license, certificate or permit to the owner, operator or administrator of a facility If the IIcanse, permit or certificate has been revoked by another health and human eervlcas agency or public safety or law enforcement agency. 7. A grantee and subgrantee that is a law enforcement agency regulated by Texas Govemment Code, Chapter 415, must be In compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a carflflcatlon from the Texas Commission on Law Enforcement Officer Standards and Education that the agency Is in process of achieving compliance with such rules. ATPA-31 AUTOMOBILE 'I'HEFT PREVENTION AUTHORITY SPECIAL CONDITION ASSURANCES (continued) 8. When Incorporated Into a grant award or contract, these standards assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subreclplents shall maintain an appropriate contact administration system to insure that all terms, conditions, and specifications are mol (See Section .36 for additional guidance on contract provisions.) 9. A grantee and subgrentee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees and subgrantees shall also ensure that all program personnel ars property trained and aware of this requirement. 10.Grantees and subgrantees will comply with all federal statutes relating to nondiscrimination. These Include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. ~ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 9 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §~ 6t01.6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 {P.L. 91.616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §9 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse Patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 9 360t et seq.), as amended, relating to nondiscrimination In the sale, rental or financing of housing; (I) any other nondiscrimination provisions In the specific statute(s) under which application for Federal assistance Is being made; and (j) the requirements of any outer nondiscrimination statue(s) which may apply to the application. t 1. Grantees and subgrantses will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. ~ 276c and 18 U.S.C. 9§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 99 327-333), regarding labor standards for federally assisted construction subagreements. 12. Grantees and subgrsntees will comply with requirements of the provisions of the Uniform RelocaUon Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all Interests in real property acquired for project purposes regardless of Federal participation In purchases. ATPA-32 AUTOMOBILE THEFT PREVENTION AUTHORI:I'¥ SPECIAL CONDITION ASSURANCES (continued) 13. Grantees and subgrantees will compiy with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded In whole or in part with Federal funds. 14. Grantees and subgrantses will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovemmental Personnel Act of 1970, as applicable. 15. Grantees and subgrantees will Insure that the facilities under Its ownership, lease or supervision which shall be utilized In the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating FaclliUes and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities Indicating that a facility to be used In the project Is under consideration for listing by the EPA. (EOl1738) 16. Grantees and subgrantaes will comply with ArUcle IX, Section 5 of the state appropriations act which prohibit the use of state funds to Influence Ute outcome of any election or the passage or defeat of any legislative measure. AUTOMOBILE THEFT PREVENTION AUTHORITY SPECIAL CONDITION ASSURANCES CERTIFICATION I certify that the programs proposed In this application meet all the requirements of the Texas Automobile Theft Prevention Authority Program, that all the Information presented is correct, and that the applicant will comply with the provisions of the Automobile Theft Prevention Authority and all other federal and state laws, regulaUons, and guidelines. By appropriate language Incorporated In each grant, subgrant, or other document under which funds are to be disbursed, the undemlgned shall assure that the applicable conditions above apply to all recipients of assistance. Authorized Official Date ATPA-33 AUTOMOBILE 'i'HEFT PREVENTION AUTHORITY SPECIAL CONDITION INDEPENDENT ANNUAL AUDIT CERTIFICATION The grantee hereby assures compliance by itself and its applicable sub-recipients (contractors) with the Single Audit Act Amendments of 1996, PL 104 = 156 and, particularly, with the requirements of OMB Circular A-133 as follows (che~k one): I. X Gnmt(s) expenditures o f $300,000 or more m fede~l funds - An annual single am:lit by aa indepem:l~nt auditor made in accordance with the Single Audit Act Amendments of 1996 and OMB Circulm-A-133. 2. Gram(s) expenditures of $300,0~0 or more in stnt~ funds - An mmual single audit by an independent auditor trade ia accordance with the Uniform Grant a~d Coat,act Management Standards (UGCMS). 3. Gram(s) expenditu~ of ~ than $300,000 in federal fimds - Exem~ fimm the Single Audit Act_ However, ATPA may require u limit~t ~cope a~tdit u~ dct-tn~d in O~ Cil~u~r A-t33. 4. Grant(s) expenditun~ le~ than $300,000 hot $50,000 or mere m slme funds - A ptolwam-specific audit_ 5. Grant(s) expenditures less ~han a total of $50,000 in stale fimds - Fi~ncial Statements audi~d in accordance with Genenflly Accepted Auditing Standards (GASS). NOTE: Grtale~ e,emlg Imm t~e S~gle AadR Act r~lulrgme~ts (L~- th~se txp~dl~g are protfll~ted frem ~ the co~t of · Single Audit to · Federsi Award. Authorized Offn:isl (Signature) Financ~al Officer (S~neture) / / / / Date Date City of Corpus Chrisb Grantee Organization Grant Number Regardle~ ofiten~ checked above, the grantee shoald, within 60 days following the date of the grant aw'~rd, furnish the following ~t-orn~t~on: 1. The identity of the orgammfion conducting the audit. 2. Approxivmte time a~xtit w~lI be couducted. 3. Audit covexage to be provided. ATPA-34 6 CITY COUNCIL AGENDA MEMORANDUM Cit~ Council Action Date: 04/26/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $30,000 from the Texas Department of Transportation for the Click It or Ticket (CLOT) Selective Tralflc Enforcement Project (STEP) for or~,pant protection enforcement overtime within the Police Department and to execute all related documents. B. O~'dinance appropriating $30,000 fTom the Texas Department of Transportation for funding of the Click It or 'l-~cket (CIO'F) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Federal/State Grants Fund; and dectadng an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. BACKGROUND: The Slate of Texas, Department of Transportation is providing funding for a STEP program called Click It or 'F~et (CLOT) where the Police Deperlment will conduct a two- week oc_~_,pant prolection enforcement effort dudng the Memorial Day holiday, May 23 - June 5. This project will inc,'ease safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws ach)ss the City. The goal of the grant will be to issue 1,700 safety belt citations and 150 child safety seat citations and in tum increasing safety belt use among ddvers and fi'on! seat passengers. The State average is 88 percent with the City of Corpus Christi also at 88 percent. REQUIRED COUNCIL ACTION: ^_,~'_epting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of three previous ClOT grants during FY 2002, 2003, and 2004. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salary and retirement. The City is asked to provide mileage/fuel expenses. CONCLUSION AND RECOMMENDATION: Staff recommends a~ting the grant and appropriating the funds. Attachme~l.=: TXDOT Contract ORDINANCE APPROPRIATING $30,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CLICK IT OR TICKET (CLOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) W1THIN THE POMCE DEPARTMENT IN THE NO. 106t POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 is appropriated from the Texas Department of Transportation for funding of the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1061 Police Grants Fund. SECTION 2. That upon written request of ~he Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and. (2) suspends that Charter rule which requires an ordinance to be c~nsidered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this, the day of ,2005. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garret'(, Mayor Legal Form Approved ~ .,/~,2f', 2005; Assistant City Attorney TO THE MEMBERS OF THE crI-Y COUNCIL Corpus Christi. Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, ~ request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at ~ present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus ChdstJ Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garda John Edward Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott [] Federal Pass Through Grant Funds CFDA #20.600 [] Smtc Ch-ant Funds -- For TxDOT Use Only -- M~s~. Contract Number: 585XXF6120 Charge Number: 05-04-04-BI-AH ProJect Year: N/A PIN (14 characters only): 17460005741000 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Deparlmem of Transporta~on, hereinafter called the DepaCtme~ and CiW of Cor0us Christi , hereinafter called l:he Subgrantee, aad becomes effective whcn fully executed by bo~h parnes. For the purpose of this agreement, the Subgrantee is designated as a(n): [] State Agency. [] Non-Profit Orgamzation [] Unit of Local Government [] EduCattonal [nstimtio~ [] Other (describe): AUTHORITY: Texas TransportaUon Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following FLscal Year(s) 2005. Project Title: STEP - ClOT (Memorial Day Holiday) Brief Project Description: To conduct a two week occupant orotection enforcement effort durm~ the M~xnorial Day Hohdav period ia order to increase restraint ,,~g¢ and mrluoe traffic crash injuries ami fatalities. Grant Period: The Grant becrnnes effective on May 1. 2005, or on the date offirnl signature of both parties, whichever is later, and ends on September 30, 2005 unless tcroalnatex], o1' otherwise modifiod. Maximum Amount Eligible for Reimbursement: $30,000. Tho following attachments are inCOrporated as indfrat,~t as a part of the Grant Agreement: · Attachment A, Mailing Addresses · Attachment B, General Terms and Conditions (TxDOT Form 1854) · Attachment C, Project Description (TxDOT Form 2076) · Attachment D, Action Plan {TxDOT Form 1 g52) · Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE) [] Attachment F, Opcrational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only} Project Title: STEP ClOT (Memorial Day Holiday) TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signalorv for thc Subgrantec hereby represents and warrants that she/he is an officer of the organi?atiot~ for which she/he has executed this agn:ement and that she/he has full and complete authority to enter imo this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agn:ement, she/he will sign and submit to the Department a !ettcx designating signature authority by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These oaher grant-related documems will include, but not be limited to, the following: performance reports, final performance report and adrmnistraave evaluation report, Requests For Reimbursement (RFRs), and tontine correspondence. THESUBGRANTEE THESTATE OFTEXAS City of Corpus Christi [Legal Name of Agency] By [Authortz~ Signature] George K Ncc INamel City Manager [Title] Date: Executed for the Executive Director and approved for the Tex~s Transportaaon corramssion for the purpose and effect of activating and/or carrying out orders, established pohcies or work programs approved and authorized by the Texas Transportation Ccntmfission. By District Engineer Texas Departn~nt of Transportation (For lecal proj~t grants under $100,000 or for grants of $100,000 or mom that axe n~m~=xded for approvaL) Under authority of Ordinance or Resolution Number (for local governments): By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $109,000.) Date: Attachment A Project Title: STEP CIOT (Memorial Day Holiday) M ailinl~ Addresses For the puq~se of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the elcctromc mail code, which ks the last three digits of the PIN on page I of this Grant Agreement. shall be used for disbursing payments. If that address is not where the Subgrantee wants wmxaats or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee (Project Director): Name: P. Alvamz, .Ir. Title: Chief of Police Organization: Corpos Christi Police Department Address: P. O. Box 9016 Corpus Christi, Texas 78469 Phone: 361-886-2604 Fax: 361-886-2607 E-mail: petea(~cctexas.c~m Note: Any change in the Subgrantee reformation in this Attachment A, Ma,ling Addresses, does not require an amendment to the Grant Agn:ement. However, the Subgrantec must subma a letter with the corrected informaluon to the ~t address below w~thin 15 days of thc change. For Teans Depar~nent of Transportation: Name: Title: Organization: Address: Phone: E-mail: Project Title: STEP - ClOT (Memorial Day Holiday) Attachment B Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS TI~ Subgrantee shall comply with all federal, siate, and local laws, statutes, codes, ordinances, roles and regulatmns, and the ontevs and decrees of any courts or adminigtralave bodies or tribunals m any matter affecting the performance of this Agreement. includil~ without limitanot~ workers' compensattou laws, minimum and ma_XJmum salary and wage stalutes and regulalions, nondiscnminafiou laws and regulations. and licensing laws and regulations. When required, the Subgmntee shall furmsh the Department with sattsfactory proof of its compliance thereUath. ARTICLE 2. STANDARD ASSURANCES ~ Subgrant~ hereby assures and certifies that it will comply with the regulations, pohcies, guidelroes, and reqtm~mgnts, including 49 CFR, Part 18; 49 CFR, Part 19 (OMB Circula* A-110); OMB Circular A-87; OMB Cirenlar A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the appliealio~ aceq?tancc, and use of federal or slate fimd~ for l~s project. Also, the Subgrantee assures and certifies that: A. It possesses legal amhority to apply for the g~ant; and that a resolution, mot~ou, or similar action has bean duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the applieat~on_ mcludiog all understandings and assurances contained therem, and directing and authorizing the person id~ntffied as the official representative of the applicant to act in conncctton with the appliCataou and to provide such additional information as may be reqmr~. B It and its subcontmetors will comply with Title V1 of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and m accomhnce with that Act, rm persou shall discriminate, ou the gmtmds of race, color, sex, national origm, ag~, religion, or disability. It will comply w~th requiren~ats of the provisions of the Uniform RelocatJou AsskSlance and Real Property Acxluisitions Act of 1970. as amended; 42 USC §~4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24. which provide for fair and eqmtable trealmmat of persons displaced as a result of federal and federally assisted programs. D It will comply with the provisions of the Hatch Poli~cal Activity Act, w'mch hmits the political activity ofemployc~s. (Sec also Article 25, LobbYing Certification.) E It will comply with the federal Fait 1 -hor Standards Act's minimum wage and overtime icquirements for employees performing project work. It will establish safeguards to prohibit employees from using their posMous for a purpose that is or gives the appearance of hemg mo~vated by a desire for private gain for themselves or others, particularly those with whom thc3, have family, business, or other ties G. It will give the ~t the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H It will comply with all requirements unposed by the Department concerning special requi~ranents of law, program rCqmrcments, and other administralive requirements Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) It rec. ogmzes that many federal and state laws UnlXysing enviromncntal and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Enviromnontal Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amevaled, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Waler Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as ame~ed, 42 USC §§6901 et seq; and the Comprehensive Envtronmental Response, Cornpens~o~ and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantce also recogmzes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future a.re expected to issue, regulation, gmdelroes, standards, orders, directives, or other requirements that may affect fids project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requiretncmts as the federal government may now or in the future promulgate. It will comply with the flood insurance purchase nxluirements of Section 102(a) of the Flood Disaster protecnon Act of 1973, 42 USC §4012a(a). Section 102(a) requires, o~ and after March 2, 1975, the purchase of flond msurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or ax:quisition purposea for use in any area that has be~a identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial ass~hance" meludes any form of loan, gnmt, guaranty, inSUrance payment, rebate, subsidy, disaster asskmanoe loan or grant, or any form of direct or indirect federal assistance K. It will assist the Departwamt m rcs compliance w~ Sect/on 106 of the Nalaonal Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191) It wall comply with Chapter 573 oftbe Texas Government Code by ensuring that no officer, employee, or member oftbe Subgrargce's governing board or thc Subgraatee's subcontractors shall vote or confirm the employment of any person related within thc second degree ofafl:inity or third degree by cen_~nomxm~ty to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment ora person described in Section 573.062 of'he Texas Government Code. M. It will ensure that all reformation collected, assembled, or mamtamed by thc applicant relative to this projeet shall be avadable to the public during normal business hours in comphance wah Chapter 552 oftbe Texas Government Code, unless otherwtm expressly prodded by law. N Ifapplieable, it will comply with Chapter 551 of the Texas Govern Code, which requires all regular, special, or called meetings of governmental bodies to be opm to the public, except as otherwise provided by law or specifically permilled in thc Texas Constitution. ARTICLE 3. COMPENSATION A. The method ofpaymmt for fids Agreeanent will be based en actual costs recurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the project Budget will be deemed to be an estunate only and a higher amount can be reimbursed, subject to the conditions sPeCified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget. specifies that costs are based on a specific rate, per-unit cost, or otber method of paymenl; reimbursement will be based on the specified nx:thod Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) All payments made hereunder will be made in ~..ordan~ with At~hment E, Tt~affic Safety Project Budget. The Subgrantee's expenditures may overrun a budget chicory in the approved Project Budget without a gram (budget) amendment, as long as the overrun does not exceed five (5) percent of the maximum amount eligible for reimbursem~mt in fl~e budget for the covered fiscal year and there is also a commensurate underrun elsewhere in the Project Budget. The Subg~xllee must provide written notificalaon to the Department of an overrun of five (5) percent or less in order for there to be approval of the Request for Reimbursement. ~Pnis nodfication must be m the forrn of an attachment to the Request for Reimbursement that covers the period of the ovemm This attacJlnm~t must indicate the mount, the percent change, and the spe,:ific reason(s) for tl~ overrun. Any overrun of more than five (5) percent of the amonnt eligible for reimburseanent in the budget for the covered fiscal year requires an amendment of this Grant Agroen~mt. The rnaxtmum amount eligible for munbummaent shall not bu increased above the total Depamnent (TxDOT) amotmt in the approved Project Budget as a result of exceeding a budget category without a written grant amendment. C To be eligible for reimbursement under this Agreement, a cost must be recurred in accordance vath Attachment E, Traffic Safety Project Budget, wmhin the Ume flame specified in Grant Period on page 1 of this Grant Agreement, a~nbutable to work covered by this ~ and which has been ctnnpleted in a l~nnn~ galJsfactory ami acceptable to the Department. D. Federal funds cannot supplant (replace) fimds fi-om any other sources The term "supplanting," refers to the use of federal funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this A~n~znt is further governed by one of the following cost principles, as appropriate, onflmed in the Federal Office of Management and Budget (OMB) Circulars: · A-21, Cost Principles for lnstimficms of ltigher EduCalaon; · A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, · A-122, Cost Prmqple~ for Nonprofit O~gamza~ons. F. The Subgr~ntee agrees to submit momhly or quarterly Requests for Re~t, as designaUxl in Attaclun~at D, Action Plan, within thfl'ty (30) days after the and of tim billing period. The Sul0g~antee will use billing forms acceptable to the Depamn~nt. The original Reque~ for R~imb~t, w~a the appropriate backup do,:xmaemtion, must be submitmd to the Department uAdmss shown on Attachment A, Mailing Addresses, of this Agruement. In ~ddition, a copy oFthe Request for Reimbttrsement and appropriate backup documea'mafion, plus thr~ (3) copies of the Request for Reimburs~nent without backup documentation, must be submitted to tins same address G. The Subgrantee agrces to submit the final Request for Reimbumm~nt under this Agreement within forty-five (45) days of the end of the grant period. The Department will exercise good froth to make payments within tturty (30) days of reCeapt of properly prepared and doenmented Requests for Reimbursement. Payments, however, arc contingent upon the availability of appropdated funds. project agreements supported with federal funds am limited to the length of this Grant Period, which is spceified on page 1 of this Grant Agreement. If thc Departm~detorminesthat Ihe projcet has demonstrated mere or has l:mtex~tial long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Pre£~tmce for fitoding will be given to those projects for which th: Subgrantce has assumed some cost sharing, those which propose to assume the largest percenlage of subsequent project costs, and which have demonstrated performance that is acceptable to the Department. Project Title: STEP - ClOT (Memorial Day lIoliday) Attachment B ARTICLE 4. LIMITATION OF LIABILITY Payment of costs recurred hereunder is contingent ul~n the availability of funds, fiat any tune during this Grant Period, the Dopartment determines that there is insufficient funding to continue the project, the Department shall so nOtify the Subgrantee, giving notice of intent m terminate this Agreement, as specified in Article 11 of t. his A~t. If at the end of a federal fiscal year, the Department doteframes that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantce to continue this agreement ARTICLE 5. AMENDMENTS This Agrcement may be aracnde~ prior to its expiration by mutual wntlen consent of both parities, utiliring the Grant Agreem~ Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Gram Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES 1N WORK If the Subgrantce is oftbe opimon that any assigned work is beyond the scope of this Agrc~m~mt and consatutes additional work, the Subgrantee shall promptly notify the Department in wr/hng If the Depamnent finds that such work does constitute additional work, the Department shall so advise the Subgrantce and a men an~ndrnont to this Agroem~ will be exocuted according to Article 5, Amendments, to provide compeusation for doing this work on the same basis as the original work. If performance oftbe additional work var muse the ma-xamum amount payable to be exceeded, the work will not be performed before a written grant amendment is executcd If the Subgrantce has submitted work in accordance with the terms of this Agreement but the Dcpar~nent requests cba-ges to the completed work or parts therenf which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested am:l directed by the Department. This will be considered as aclditio~l work and will be pa~d for as specifie~l in this Article. If the Subgrantce submits work that does not comply with the terms of this Agreement, the Departrnmat shall instruct the Subgrantee to make such revisions as are necessary to bnng the work into complimme with this Agreement No additional compcamation shall be paid for flus work The Subgrant~e shall make revisions to the work authorized tn this Agreemenl, which are necessary to correct errors or omtssions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantec or any costs recurred by the Subgrantee relating to addilaonal work not directly associated with or prior to thc execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than t~n (10) days after the end of each reporting period, as desigaated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include, as a mmUnum: (1) a crnnparkschn of actual accomplishments to the objectives established for thc period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent mforma~on, including, when appropriate, an analysis and explanation of cost undermns, overrurm, or high umt costs. Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) The Subgmntec shall subnut the Final Performance Report and Admimstmave Evaluation Report wiflxm thirty (30) days after completion of the grant. The Subgrantce slaall promptly advise the Department in writing of events that will have a significant impact ul~n this Agreement, including: A. Problems, delays, or adverse conditions, including a change of projeet thrcetor or other changes in Subgrantee personnel, that will materially affect the ability to anain objcetives and perfollnallee measures, pre-vent the meeting of tune scho:lales and objectives, or preclude thc at'm. mment of project objectives or performance measures by the established tune periods. This disclosure shall be a~ed by a statement of the actaon taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable mcetmg time schedules and objceaves sooner than antlcipaUxt or achieving ~tc_~ter performance measure output than originally projected. ARTICLE 8. RECORDS The Subgraat~ agrees to irnintain all ll~orts, documlalts, papers, ,lr:l:olmting il:cords, ~, and other evidence pertaining to costs moat ,ed and work perfonned bere~der, (hereinafter called the reconls), and shall make such records available at its office for tl~ tune period anthohzed wahm the Grant Period, as specified on page 1 ofthks Gram Agreement. The Subgrantee further agrees to ream said records for four (4) years flora the ,4~t~ o£ final payment under this Agreement, until completion of all aadits, or unUl pending liCi~o, ation has becn completely and fully resolved, whit. Japer oecars last. Duly authorized rep~ves of thc Department, the USDOT, the Office of the Inspector General, Texas Stero Auditor, and the Comptroller General shall have anoess tothofecords. This right of?,-ess_ is not limited to the four (4) year period but shall last as long as the records are ~ ARTICLE 9. INDEMNIFICATION To the extent perrmtted by law, the Subgrantee, ffother than a government entity, shall [nd~nmfy, hold, and ~avc harmless the Department and its officers and employoes from all clroms and habflity due to the acts or O~mssions of the Subgrantec, its agents, or employees. The Subgrantce also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Depa.rtment from any and all expenses, mcluding but not limited to attorney fees, all court costs and awards for claxnage~ recurred bythe Depammmt in liti~non or tnhexwrse resisting such claims or liabdaies as a result of any acnvities of the Subgraatee, its ag,rots, or employees. Further, to the extent pemutted by law, the Subgrantee, if other than a government entrty, agrees to prote~t, indemmfy, and save harmless the Department frrnn and againq[ all clarum, demands, and muses of act/on of every kind and character brought by any employee of the Subgrantee ~again~t thc Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or otmssion on the part or'the Subgrantee. fftho Subgraatee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee oftbe other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, represemaaves, and agents. Project Title: STEP - ClOT (Memorial Day Holiday) Attachment B ARTICLE 10. DISPUTES AND REMEDIES This Agreement supereedes any prior oral or writtco agrccments. If a conflict arises between this Agre~nent and the Traffic Safety Program Manual, this Agreemem shall govern. 7he Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitaxt to the Department for settlcn~m, with the Executive Director acting as referee. ARTICLE 11. TERMINATION This Agreement shall remam in effect until the Subgmntee has salas~actorily completed all services and obligations described hereto and these have been accepted by the Department, unless: · This Agreement is tenmnated in writing with the mul~al cortsent of both paCaes; or · There is a wntten thirty (30) day notice by (ither party; or · The Department delerrnmes that the performance oftbe project is ~ in the best interest of the Departn~nt and informs the Subgrantee that the project is terminated immediately. The Departraent shall compensate the Subgrantee for only those ehgible expenses incurred ditnng the Grant Period specified on page 1 of this Gra~t Agreement which are directly atmbutable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner ~fiqfantory and acceptable to the Department. The Subgrantee shall not recur nor be mimbum:d for any new obligations after the effective date of tcrmmahon. ARTICLE 12. INSPECTION OF WORK The Department and, when federal fi,nd~ are revolved, the US DOT, or any authorized representative thereof, have the fight at all teas/amble times to inspect or otherwise evaluate thc work performed or performed hereunder and the premtses in which tt is being performed If any inspeeaon or evalUaUon is made on the preimses of the Subgrantce or its subcontractor, the SubgrarlUge shall provide and require its subcontractor to provide all reasonable facilities and assistance for thc safety and convemence of the mspoctors in the performance of their duties. All imspecfions and evalualaons ~hall be performed in such a manner as will not unduly delay the work. ARTICLE 13_ AUDIT 'Ihe Subgrantee slx.all comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes thc coverage stipulated in OMB Circular A-133, "Audits of StaLes, Local Governments, and Other Non-Profit Ol'galliTatioI1s." lhe state auditor may conduct an audit or mvestagaUon of any entity receiving funds from the state directly under this Agreement or mdireetly through a subcontract under tins Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts ns acceptance of the authohty of the Stale Auditor, under the direction of the legislative audit comnuttee, to conduct an audit or investigation m connection with those funds. Attachment B Project Title: STEP - ClOT (Memorial Day ltoliday) ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with mchmduals or OrganiTatio~s not a part of the Subgrantee's o~on without prior wntlen concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreemem No subcontract will reheve the Subgrantce o£ its responsibility under this Agreement. ARTICLE 15_ GRATUITIES Texas Transportation ConUmssion policy mandates that employees of the Department shall not accept any benefit, girl, or favor from any pemon doing business with or who, reasonably speaking, may do business with the 1~ under this Agreement. The only exceptions allowed are ordinary busmC'Ss lunches and items that have received the advar~ed written approval of the Departm~t's Executive Director. Any person doing business with or who reasonably speaking may do busmess with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Depaxtlmmt employees, except as mentioned here above. Failure on the part of the Subgramee to at:lhc~ to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgmnte~ warrants daat it has not employed or r~tained any crnnpany or person, other than a bona fide employee working solely for the Subgrantec, to solicit or secure flus Agreement, and that it has not paid or agn~d to pay any ~y or persoa, ocher than a bona fide employee, any fee, comminsion. percentage, brokerage fee, gift, or any other consideraUon coast upon or resulting from the award or malting of this Ag, nam~. If thc Subgrantce breaches or violates this warranty, the Dqmrtmo~t shall have thc right to annul this Agreement without liability or, in its discreaon, m deduct from the Alp~a-nent pdc~ or consideration, or otherwlse recover the full amount of such fee, co~mi~siolL brokerage fce, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or ~ts employees have no conflict of interest that would in any way interfere with its or its employe~s' performance or which m any way conflicts with the interests of the Depart. The Subgrantee shall exercise reasonable care and diligence to prevent any acticn~ or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES qTne Subgrantee certifies that it presently has afleqnate qn,alified persoanel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Deparm~ent. All ernployces of thc Subgraatce shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantce who, tn the opinion of the Depamnent, is incompetent or whose conduct becomes detrmw~tal m the work. shall immediately be removed from association with the project. Unless otherunse specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19_ PROCUREMENT AND PROPERTY MANAGEMENT Project Title: STEP - ClOT (Memorial Day Holiday) Attachment B 'Hae Subgrantee shall establish and admimster a system to procure, control, protcct, preserve, use. maintain, and chspose of any property furmshed to it by thc Department or pttrchased pursuant to this Agreement m accordance with its o~vn property management prooMures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: · 49 CFR, Part 18, "Uniform Admimstrativc Reqmrements for Grants and Cooperative Agreements to State and Local Govermnents," or 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements w/th lnsfitutiotzs of Higher Education, Hospitals, and Other Nonprofit OrganizaBons" ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completmn or tmmination of this Cnmat Agreement, whether for e.a.~e or at the convenience of the pames hereto, all finished or unfimshed documents, data, sti~d~es, surveys, reports, maps, drawings, models, photographs, ets. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepanxt under this Agreement shall he made available, upon request, to the Department without restriction or limitatio~ of their further use. A. Intellectual property consists of copyrights, palents, avxt any other form of mtellcetual property fights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All r~ghts to Department. The ~t shall own all of the rights (mcluding copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other reformation developed under this c~ittract and versions thereof unless otherwise agreed to ia writing that them will be joint ownersinp. C. All mghts to Subgrantee C{asses and materials imtially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is lunited to payment for attendance at classes ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantec each binds itself, its successors, exocutors, assigns, and admimstrators to the other part5' to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agr~wncnt without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance vath regulations: The Subgrantee shall comply with the regulations relative to nondiserimimation tn federally-assisted programs of thc USDOT: 49 CFR, Part 21; 23 CFR. Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred m as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportumty," as amended by Executive Order 11375 and as supplemented by thc U.S. Department of Labor regulations (41 CFR, Part 60). Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) B Not~liscrimma~on: The Subgmntoe, with regard to the work performed dunng tl~ period of this Agreement, shall not discriminate on the grounds of race, color, sex. national origin, age, religion, or disability m the selec~on and retention of subeontractors, including procurements of materials and lease~ of eqmpment C Solicitations for subcontracts, including procurement of materials and equipment: In all seliettattons either by competitive bidding or nego6ation made by the Subgxantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier 4~11 be notified by the Subg~matee of the Subgmnte~'s obligataons under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex. national origin, age, religton, or disabil/ty. D laformaUon and reports: The Subgr~ntee shall provide all informaUon and reports reqmnxl by the regulations, or dm:ctives issued pursuant thereto, and shall Permit a~gcoss t~ its books, records, accounts, other sources of reformation, and its facilities as may be determined by the Department or the USDOT to be pertmem to ascerlam compliance vnth such regulataons or directives. Where any mfo~ required of the Subgmntee Ls m the exclusive possession of another who fags or refuses to furnish this information, the Subgrantee shall so cemfy to the Depaxtmem or the US DOT, whichever is appropriate, and shall sex forth what efforts the Subgraatee has made to obtain the requested informaUon. Sanctions for noncomplUmee: In the event ofth~ Subgramee's noncompliance with the nondis~rimmatxm provision of this Agreement, the Depaament shall unpose such sanctions as it or the US DOT may determine to be appropriate. Incorporalaon of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procuremet~ of mmerials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or proenrem~t as tbe Departm~t may dkect as a rn~ms of enforcing such provisions, including sanctions for noncompliance. Hov~ver, in the event a Subgramce becomes involved tn, or is threatened with litigation wth a subcontractor or supplier as a result of such direction, the Subgrant~e may request the Department to enter into l~gaaon to protect the interests of the ~t~; and in addition, the Subgramee may request the Uni~xt Sta~es to enter mm such liti~ion to protect the interests of the United Stat~ ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Basmess Enterpnses, as defined in 49 CFR Part 26, shall have the oppornmity to partie~t,~ in ~ performance of agreements financod in whole or in part with federal fimds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: · The Subg~antee agrees to inSUre that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportumty to participate in the performaace of agreements and subca~h acts financed tn whole or m part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Di~dvamaged Business Enterprises have the opportumty to compete for and perform agr~ments and subcontracts. · The Subgrantce and any subconlxac~r shall not discriminate on the basis of race, color, sex, national origm, or disability in the award and performano: of agreements funded m whole or in part ,~4th federal funds. Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) These requirements shall be mcludod in any subcontract. Failure to carry o~t thc requirements set forth above shall consUtute a breach of this Agreeax~'nt and, alter the nottfica~on of the Depamnom, may result in termination of lifts Agreement by the Departm~xt, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and behef, that it and its principals: Are not presently debarred, suspended, proposed for debarment, &dared ineligible or volun~nly excluded from covered transactions by any federal depart or agency; Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgn~at rendered against tham for c°mrmssion of fraud or a criminal offense m connection with ob~tlning, attempting to ol~r~:n, or per"orr!nihg a federal, stale, or local public tran~nct~on or con~act under a public tranqaction; violation of federal or state antitrust statutes; or comminsion of embezzlement, theft, forgery, bribery, falsifiealaon or destmctio~ of records, making false statements, or receiving stolen property; Are not prer~ntly indicted or otherwise criminally or civilly cha~ged by a federal, siam, or local goverameatal entity with comnussion of any of the offenses enm~rat~t m paragraph A, 2. of this Article; and Have not. wiflfin a three (3) year P~nod preceding 12tis AgreemenL had one or mom federal, state, or local public transactiens terminated for cause or default. B. ~ the Subgranla:e is unable m certify to any of the s~nems in this Article, such Subgr&nt~c shall anach an explanalio~ to this Agmonent. TI~ Subgrantce is prohibited fi-om making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for pamcipaaon in federal as.sm programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purcha~ ordar awarded under ~ Giant Agreement m certify its eligibility to receive fe~leral grant funds, and. when requested by the Department, to furnish a copy oftbe ce~ficat~on. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to thc best of his or her knowledge and belief that: A No federally appropriated funds have ~ paid or will be paid by or on behalf of the Subgrantee to any person for influencing or alI~mptmg to influence an officer or employo: &any federal agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Coagress in connectaon with the a~varding of any federal contract, the making of any federal grant, the making of any federal loan, thc entenng into of any cooperative agmem~nL and the extension, continuation, renewak amendment, or modification of any federal camtract, gram, loan, or cooperative agreement. ffany funds other than federal appropriated funds have been paid or will be prod to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of'Congress, or an ~raployce of a Member of Cengress in connection with this federal contracL grant, loan, or conpemve agreenaent, the party to this Agreement shall Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) complete and s~bmit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance ~th its instructions. C. The Subgrantec ghall require that the language of ttfis certificat~en be included m the awaxd documents for all suhawants a~ all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certificatton is a material rcpresentation of fact upon which reharxe was placed when this transaction was made or entered into. SubrnJssion of this certification is a prerequisite for making or entering into this transamon imposed by Section 1352, T~tle 31, U S. Code. Any person who hils to file the nxtuired certificalaon shall be subject t~ a civil penalty of no{ less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee em-rifles that it either will go to the Department's wcbsite noted below and complete the Child Support Statement or akeady has a Child Stlpport Statoalignt oll file wr,.h the Department. The Subgrantee is responsible for keeping the Child Support Statement current and on file w~th that office for the duration of this Agreement peri<xl. The Subgra~ee farther certifies that the Child Suppofl. Statement on file contain~ the child support information for the individuals or busmess entities named in this gram. Under Section 231 13(16, Family Code, the Subgrantee cmXifies that the individual or business entity namo:l m this Agreement is not ineligible to receive tbe spceflied gram or payment and acknowledges that this Agreement may be termu~t,'-I and payment may be wifldield if this cemfic,mon is inaccurate. The form for the Child Support Statement ts available on the lntemet at: _h_tlp://wxx-w dot state.tx.us/cso/default.htln. Attachment C Project Title: STEP - ClOT Name of Subgrantee: City of Corpus Christi Traffic Safety Project Description 1. OBJECTIVES & PERFORMANCE MEASURES The Objectives of this grant are to accomplish the following by September 30, 2005: To increase safety belt use among drivers, front seat passengers, and child passengers during the Memorial Day holiday period and in locations as defined in Attachment F, Operational Plan. Objectives/Performance Measures Number A. Number and type citations to be issued under STEP 1. Safety belt citations to be issued during the Memorial Day Holiday Click It or Ticket (CLOT) campaign. 1,700 2. Child safety seat citations to be issued during the Memorial Day Holiday ClOT campaign. 150 B. Number of STEP - CIOT enforcement hours worked 650 C. Increase the safety belt usage rate among drivers and fi-ont seat passengers during the Memorial Day Holiday CIOT campaign, between pre & post survey results, by at least the following percentage points 2 D. Complete administrative and general grant requirements as defined in the : Action Plan, Attachment D 1. Submit the following number of Performance Reports, including the Final Performance Report and Administrative Evaluation Report. 2 2. Submit the following number of Requests for Reimbursement 1 E. Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D. : 1. Conduct a minimum of one (1) presentation for the Memorial Day Holiday ClOT campaign. 1 2. Conduct a minimum of two (2) media exposures for the Memorial Day Holiday ClOT campaign (e.g., news conferences, news releases and interviews). 2 3. Conduct a minimum of one (1) community event. 1 4. Obtain and distribute the following number of'public information and education materials 600 NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. Attachment C Subgrantee : City qf L?orpus ( ?hrislt lI. RESPONSIBILITIES OF THE SUBGRANTEE: A Carry out the objectives and performance measures of this grant by implementing all activities in the Action Plan, Attachment D B. The Objective Performance Measures shall be included in each Performance Report and summarized in the Final Performance Report and Administrative Evaluation Report. C Submit all required reports to the Department fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions, Attachment B This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate Inaccurate documents will delay any related Requests for Reimbursement. D. A Final Performance Report and Administrative Evaluation Report summarizing all activities and accomplishments w~ll be submitted on Department approved forms no later than thirty (30) days after the grant ending date (Due date: October 30, 2005). E. Attend meetings according to the following: 1. The Subgrantee wili arrange for meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. F. When applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production Contact the Department regarding PI&E procedures. G. No out of state travel is allowed under this grant agreement. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds fi.om other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state ~unds The Subgramee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year Carry out the objectives of this grant by implementing the Operational Plan. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: name, date, badge/identification number, type of grant worked, grant site number, mileage if applicable (including starting and ending mdeage), hours worked, type of citation/arrest issued, officer and supervisor signatures. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. Support grants enforcement eftbrts with Public Infomtion and Education (Pi&E). Salaries being claimed for PI&E activ/ties must be included in the budget. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. Subgrantee: P. Attachment C (:it), qf ( 'orlms ( 'hristi If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest Q. The Subgrantee must enter all Performance and Annex Report data into the Buckle Up Texas Website (w~:buckleuptexas corn) before submitting hard copy reports to the Department. Printed versions of the Website reports are acceptable versions for hard copy submissions~ R. The Subgrantee must utilize the Department's Occupant Protection Survey Tools and Worksheets to determine their survey results. These documents can be found in the Buclde Up Texas Website (www,.buckleuptexas corn) The pre and post-observational surveys for the cities of Houston, Dallas, San Antonio, Austin, El Paso. Fort Worth, Arlington, Corpus Christi, Lubbock and Garland w/Il be conducted by the Texas Transportation Institute (TTI), S. Submit Performance and Annex Reports to the Department by June 15, 2005 RESPONSIBILITIES OF THE DEPARTMENT: A, Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitonng and inspections, including but not limited to: 1. Review of periodic reports 2. Physical inspection of project records 3.Telephone conversations E-mails and letters 5.Meetings B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project Budget, Attachment E Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of the Grant Agreement. E. Perform an administrative review of the project at the close of the grant period to include a review of adherence to the Action Plan, Attachment D. the Traffic Safety Project Budget, Attachment E and attainment of project objectives. Fa-m 2~77-LE (rev page1 o~2 Click It or Ticket! Traffic Safety Project Budget (for Law Enforcement PrOjects) Project Title: STEP - ClOT (Memorial Da,,, Holiday) Name of Subgrantee: City of Corpus Christi Fiscal Year: 2005 [] Check here if this is a revised budget. Date Revised: Attachment E (Round figures to nearest dollar) Other/ TiDOT S tatedLlw, al TOTAL Budget Category I - Labor Costs (loo) Salaries [] Overtime or [] Regular Time Salary rates are e~irmated for budget purposes only. Reimbursements will bc bas~ on acuml costs per employee in accordance with Subgrantce's payrolt l~lic~ and mlary rate. List delails: A. Enforcement (overtime) 1. Offieers/Deputies: 650.00 hfs. ~, $36.42 per hr. 23,673 23,673 2. Sergeants: __ hfs ~, $ per hr. 0 3. Lie~letmnlg: __ hrs. ~, $ __ per hr. 0 B. PI&E Activities (overtime) See Caant Instn~ons. __ hrs. (~ $ per hr. 0 C. Other (i.e., overthne staff, supervisory supporL conducting mrvcys) See Grant Instructions. Specify: Adminis~five papu-:qv~k 25.00 hrs. ~ $39.21 per hr 980 980 Total Salaries ............................................................... 24~653 0 24~65J (200) Fringe Benefits* Specify fringe rates: A OverlLme: 21.68% 5,34-5 5,..345 B. Part-Time: % 0 C. Regular Time: % 0 Total Fringe Benefits .................................................. 5,345 0 5r.345 L Total Labor Costs (100 + 200) .......................................... 29,998 0 29,998 * lhadget Detail Required: As an atlaclunent to the bndgeL ajnstification and a detailed cost breakdown is required I for all costs included for Fringe Benefits (200), Travel and Per Diera (300), Equipmenl (400), Supplies (500), I Contractual Sermces (600), Other Miscellaneous (700), and lnclimct Cost Rate (800) Attachment E Prote~ ~-~le: STEP - ClOT (Me~noria] Day H~iday) Su~orantee: Ci~ of C.~q~s Chri~ TxDOT Form 2077-LE (rev. Page 2 of 2 Fiscal Year: 2005 (Round figures Io nearest del[ar) Other/ TxDOT State/Local TOTAL [] Check here if this is a revised budget. Date Revised: Budget Category I1 - Other Direct Costs (34)0) Travel' Reimbumemenls will be in accordance with Subgrantce's travel policy Subgrantec must bill for actual travel expenses -- not to exc~d the limfls reimbumable under state law. A Travel and Per Diem (includes c~nfereaces, traimng workshops, and other non-enforcemenl Waved .................. 0 B. Subgrantee E[ffomement Vehicle Mileage: Rates used only for budget estimate Reimburseinen! will be made according to the approved subgramee's average cost per mile to operate palml vehicles, not to exceed the applicable state nuleage reimbursement rote as established by the Lel0Slatum in the travel provisions of the General Appropriations Act. Dectanentation of cost per mile is rextuimd prior te reimbursement. 3,000.00 miles (~ $0 5800 per mile ....................... 1,740 1,740 Total Travel ............................................................................ 0 17740 1~740 (400) Equipment* .......................................................... 0 (500) Supplies*. ............................................................. 0 (600) Contractual Service~* .............................. 0 (70~) Other Miscellaneous* A. l~gistration fees (~i~/ng wae, c~ops, coaf~c~, ~c.) .................. 0 B. Public mformalion & education (PI&E) materials ................. 0 1. Educational items - $ (eg.: brochttres, bumper stickers, posters, fliers, etc.) 2 Promotional items - $ (eg.: key chains, magnets, pencils, pens, mugs, etc ) C. Other ............................................................. 0 Total Other Miscellaneous ............................................. 0 0 0 1£ Total Other Direct Costs (300 + 40~ + 500 + 600 + 70~) ....... 0 1,740 1,740 Budget Category IH - Indirect Costs (800) lndiroet Cost Rate' (at __%) ......................... 0 Summary: Total Labor Costs ................................................................... 29,998 0 29,998 Total Other Dire~:t Costs ........................................................... 0 1,740 1,740 Total Indirect Costs ................................................................. 0 0 0 Grand Total (I+II+HI) .................................................... 29,998 1,740 31,738 Fund Sources (Percent Share) ................................................... 94.52% 5.48% * Budget Detail Required: As an attachment to the budge[ a jusfifieation and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and lndffect Cost Rate (800) 7 AGENDA MEMORANDUM SUBJECT: F.M. 624 (U.S. 77 to F.M. 1889) (Bond Issue 2000) DATE: April 26, 2005 AGENDA ITEM Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $32,055.39 for construction of a traffic signal and other miscellaneous items on FM 624 from US77 to FM 1889). (Bond Issue 2000) ISSUE: The advanced funding agreement requires the City to fund any deficit in the escrow amount based on actual bids. The increase is necessary for the Texas Department of Transportation (TxDOT) to proceed with the construction contract award of the project. FUNDING: Funding is available in the Street Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. cobar, P. E., r of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit"B" TXDOT Letter & Statement of Costs Exhibit "C" Location Map H :'~-IO M E~J(EVIN S~GE N"~ TRE ETS~F M624& River Hills Ro%Mem o doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: F.M. 624 (U.S. 77 to F.M. 1889) (Bond Issue 2000) 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 C~ of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024478). 3. Auqust 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024555). 4. January 18, 2005 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $80,181.49 for construction a traffic signal and other miscellaneous items on F.M. 624 from U.S. 77 to F M. 1889). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 -Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: Additional increases in escrow funds may be necessary to address any change orders that may become necessary. BACKGROUND: On Tuesday, 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, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: This roadway section presently has the highest traffic volume growth rate in the City. The Texas Department of Transportation (TxDOT) m-evaluated this project and found it unfeasible for significant street widening due to physical constraints of the F.M. 624 and U.S. 77 Interchange. Subsequently, the scope of improvements for F.M. 624 has been modified to include capacity enhancements and roadway safety features. Improvements include a raised center median along the eastem- most section, exclusive right turn lanes, continuous street lighting, signal upgrades and driveway improvements. TxDOT has included this project in the Transportation Improvements Program to be financed with federal funds. The City's participation is limited to the installation of a traffic signal at River Hill Road and maintenance and utilities of the proposed landscaped area included in this project. FUNDING: Funding is available in the Street Capital Improvement Budget. I Texas Department of Transportation P.O. BOX 9907 · CORPUS CHRISTI, TEXAS 78469-9907 · (361) 808-2300 April 12, 2005 Project: STP 2005 (325) MM Control: 0989-02041 Highway: FM 624 County: Nueces Mr. Kevin Stowers Department of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Stowers; We received bids for the above referenced on 4/7/2005 and as a result of the bids that we received the escrow account shows a Deficit Amount of $ 32,055.39. We will need to know prior to the April 28, 2005 Commission Meeting if the City was to award the project of not. So we can let our Austin Office know to recommend or not awarding the project so it can be placed on the Commission agenda with the City of Corpus Ctwisti's wishes to proceed or not. I have attached a copy of the breakdown of the escrow account and a copy of the project bid tabs for your information and use. If you have any questions or need additional information concerning this issue, please let me know. Sincerely; eter W PWS\ Attachments Xc: Martin C. Hm~t, P.E. District Project File Exhibit B Page 1 of 10 An Equal Opportunity Employer STATEMENT OF COST FOR THE CITY OF CORPUS CHRISTI SUM OF CONSTRUCTION AND CE (100%)LOCAL ENGINEERING AND CONTINGENCIES{11.5%) PROJECT: CONTROL: HIGHWAY: STP 2005(325) MM 0989-02-041 FM 624- FROM US 77 TO TO RIVER HILL ROAD CITY OF CORUPS CHRISTI BID ITEMS Low Bid Amount CE Amount(11.5%) $100,660.88 $11,576.00 Total Project Amount CI~ of Corpus Christi Participation $112~36.88 Amount Chargeable to the City of Coq~us Chds[i Less: Amt. Placed In Escrow DEFICIT AMOUNT $112,236.88 ~80,181.49 ($32,055.39) DCC/AFAMAUTS4/11/05 AFAm989-2-.41 .xls Exhibit B Page 2 of 10 Page Exhibit B Page3of10 I oooooooooooooooooooooooooooooooooo~oooooooooooooooooo Exhibit B Page 4 ol~ 10 ~ ooo~oooo ............ ~ ........... ~ ........ ooooo ..... oo Exhibit B Page 5 of 10 Exhibit B I Page 6 of 10 o~ G Exhibit B Page 7 of 10 ~9 Exhibit B Page 8 of 10 Exhibit B Page 9 of 10 Exhibit A Page 10 of 10 F~le : \MproJect~councilexhibit$\exh6299.dwg N PROJECT L OCA TION q~or P~t,**c*o County CORPUS CHRISTI BAY LOCATION MAP NOT TO SC4L~ CITY PROJECT No. 6299 F.M. 624 (U.S. 77 to F.M. 1889) (BOND ISSUE 2000) EXHIBIT 'C' CITY COUNCIL EXHIBr_T CITY OF CORPUS CHRIST], TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 04-26-2005 8 AGENDA MEMORANDUM DATE: April 26, 2005 SUBJECT: O. N. Stevens Water Treatment Plant Wash Water System · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (Project No. 8375) · Phase 3 - Elevated Water Storage Tank (Project No. 8376) AMENDMENT NO. 12 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to the Contract For Professional Services with LNV Engineering for a total fee of $214,013.21, for a total re-stated contract fee of $2,852,607.21, for the O. N. Stevens Water Treatment Plant Wash Water System Project: · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste · Phase 3 - Elevated Water Storage Tank ISSUE: The proposed Amendment No. 12 provides the following services: · Additional Services for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste · Additional Services for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 3, Elevated Water Storage Tank. The proposed Amendment surpasses the maximum limit of $25,000 for an administrative approval; and therefore, requires Council Action. FUNDING: Funding is available from the Water Capital Improvement Budget. R~MEND~(TION: Staff recommends approval of the motion as presented. E'-d'-uardo Ga?a~a, P.E. ~Ig~ R. Escobar, P. E., Director of Water Department Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUND INFORMATION SUBJECT: O. N. Stevens Water Treatment Plant Wash Water System · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (Project No. 8375) · Phase 3 - Elevated Water Storage Tank (Project No. 8376) AMENDMENT NO, 12 PRIOR COUNCIL ACTION: 1. September 9, 1997 - Approval of motion to amend Section 4 of the Master Water Plan (Motion No. M97-246). 2. September 9, 1997 - Approval of amendment of the City of Corpus Chdsti Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 14, 1999 - Motion authorizing the City Manager, or his designee, to execute an Engineering Services Contract with LNV Engineering, Inc. in the amount of $143,000 for the Q N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and O.N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation (Motion No. M99-422). 4. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $214,100 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation stage two design work (Motion No. M2000-135). 5. November 14, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $1,640,814 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) and Phase 3 (Elevated Storage Tanks) (Motion No. M2000- 401 ). 6. December 12, 2000 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Eagle Contracting for a total fee not to exceed $4,634,000 for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 1 Filter Media Replacement Project. 7. December 10, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin-Thyssen, Inc. for a total fee not to exceed $8,920,125 for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. EXHIBIT "A" I Page I of 4 PRIOR COUNCIL ACTION (continued): 8. December 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Laughlin-Thyssen, Inc. in the amount of $46,928 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project (Motion 2003-466). 9. February 10, 2004 - Approva~ of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). 10. April 27, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with Laughlin-Thyssen, Inc. in the amount of $159,401.79 for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. 11. April 1;3, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 10 to the Engineering Services Contract with LNV Engineering, Inc. for a total fee of $71,600, for a total re-stated contract fee of $2,200,3-!,'!., for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste (Motion No. M2004-137). 12. June 8, 2004 - Ordinance appropriating $1,857,606.51 from the unappropriated bond proceeds and unappropriated interest eamings from Water 1995 CIP Fund 4082; and appropriating in Water CIP Fund 4082 for the Padre Island Pumping Plant Improvements project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $1,857,606.51; and declaring an emergency (Ordinance No. 025781 ). 13. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with Laughlin-Thyssen, Inc. of Houston, Texas, in the amount of $1,816,491.94 for the Padre Island Pumping Plant Improvement project (Motion No. M2004-219). 14. July 20, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the Engineering Services Contract with LNV Engineering, Inc. for a total fee of $4;38,250, for a total re-stated contract fee of $2,638,594, for the O. N. Stevens Water Treatment Plant Wash Water System Project: (Motion No. M2004-266) · Padre Island Pump Station Pumping Capacity · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste · Phase 3- Elevated Water Storage Tank PRIOR ADMINISTRATIVE ACTION: 1. September 22, 2000 - Administrative approval of Amendment No. 2 to an engineering services contract with LNV Engineering, Inc. in the amount of $14,000 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation for hydraulic profiles. 2. November 7, 2001 - Administrative approval of Amendment No. 4 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $19,990 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). ! EXHIBIT"A" I Page 2 of 4 PRIOR ADMINISTRATIVE ACTION (continued): 3. December 10, 2001 - Administrative approval of Amendment No. 5 to the Engineering Services Contract with LNV Engineering, Inc. inthe amount of $14,990 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation project. 4. Auqust 19, 2002 - Administrative approval of Amendment No. 6 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $16,500 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) for inspection services. 5. September 13, 2002 - Administrative approval of Amendment No. 7 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $15,500 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 6. July 22, 2003 - Administrative approval of Amendment No. 8 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $24,900 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 7. Auqust 1,2003 - Administrative approval of Change Order No. 1 to the construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $200 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 8. January 12, 2004 - Administrative approval of Change Order No. 3 to the construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $24,883.60 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. January 12, 2004 -Administrative approval of Amendment No. 9 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $24,950 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 3 Elevated Tank for inspection services. 10. February 26, 2004 - Administrative approval of Change Order No. 4 to the construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $21,865.89 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. BACKGROUND INFORMATION: The original project was approved by Council as part of the FY 2000-2001 Capital Improvement Budget. LNV Engineering, Inc. was hired to provide operation improvements at the O. N. Stevens Water Treatment Plant and four (4) construction contracts were developed to complete this requirement. The approved projects are as follows: 1. Wash Water System Phase 1 - Filter Media Replacement of Filters 1-22 - Project Complete March 15, 2002 I EXHIBIT"A" I Page 3 of 4 H/USERS2t'~O ME/VE LMAJ~GEN/WATER/O NSWTI~8277tAM D 12'¢*GEN DA BACKGROUND 2. Wash Water System Phase 2 - Filter Drain, Yard Pipinq, Wash Water Filter to Waste - Under construction; anticipated completion date June 2005 at the earliest, and August 2005 at the latest 3. Wash Water System Phase 3 - Elevated Tank - Under construction; anticipated completion date April 2005 4. Additional Pump for Hiqh Service Pump Buildina No. 2 Pump Modifications - Project Complete April 2004 AMENDMENT NO. 12: Amendment No. 12 will provide for Additional Services as follows: O. N. Stevens Water Treatment Plant, Phase 2, Filter Drain. Yard Pipinq, Wash Water Filter to Waste (WVV-FW) - Consultant will provide additional Resident Project Engineer Services. Laughlin-Thyssen's original contract time was to end in December 2004. After lengthy negotiations on various change order requests, a new contract completion was set at April 1, 2005. LNV Engineering and Construction Services have been recently notified that the actual completion of the project would be June 2005 at the earliest, and August 2005 at the latest. This extension of construction completion requires LNV Engineering to provide an additional six (6) to eight (8) months of Resident Engineering and Inspection Time. LNV Engineering estimates that for both positions, an average of twenty (20) hours per week, respectively, will be required. O. N. Stevens Water Treatment Plant. Phase 3, Elevated Tank (Project No. 8376) -Amendment No. 11 authorized additional inspection services for a Certified Welder and Tank Specialist for inspection between the odginal scheduled completion date of January 15, 2004 to August 6, 2004. Due to the Contractor's difficulties painting, replacement of three (3) wind rods, repair of the 42-inch inlet ! outlet piping, and concrete repair, construction occurred intermittently until March 2005. It is estimated that this project will be accepted in April 2005. LNV Engineering requires additional Inspection Services for the Tank Specialists' inspections, Certified Weld Inspections, and the non-destructive testing that was not compensated for in the original contract and amendment since August 2004. FUNDING: Funds for this project are available from the FY 2003 - 2004 Water Capital Improvement Budget. EXHIBIT "A" I Page 4 of 4 \ MH~ o]ect \ councllexhibi[s \ exhS~] 750 dwg O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD N NUECES BAY LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY LEGEND WASTEWATER UNE WATER PROJECT # 8375 -' -~ ~ II II1~ ~1~. ~E~ ~IN 10 ~t ~ iP~ 60' ~NUNE I PARTIAL P~N VIEW O.N. STEVENS WA TER TREATMENT PLANT NOT TO EXHIBIT "B' O.N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, (Filter Drain, Yard Piping, Wash Water Filter to Waste) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 04/18/2005 \Mproject\councfle~hibits\exhg576,dwg 624 O.N. STEVENS WATER TREATMENT PLANT 15101 UP RIVER ROAD NUECE~ N LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY UP RIVER ROAD ~,m~."~c~.' !;r~' ,~D',s~.~c~' ' : : -- - :- . EXIS lNG ELEVAT~:D' W~7~SH ~ S.I~sPT~]ON I ~ I" BUILDING ~ , CLEARWELL #2 -- HI SE "/]CE PUMP BUILDING No. 2 PROPOSED ELEVATED TANK PLAN VIEW O.N. $TEVENS WA TER TREATMENT PLANT NOT TO SCALE PROJECT # 8376 O.N. STEVENS WA TER TREATMENT PLANT WASH WATER SYSTEM PROJECT, PHASE 3, ELEVA TED WA TER S TORA GE TANK CITY OF CORPUS CHRISTI, TEXAS N EXHIBIT 'B ' CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 04/18/2005 9 AGENDA MEMORANDUM Citv Council Action Date: April 26, 2005 SUBJECT: Resaca Lift Station and 48-Inch Wastewater Gravity Line (Project No. 7288) Antelope Street and Salt Flats Area 36-1nclV48-1nch Wastewater Gravity Interceptor (Project No. 7302) - RATIFICATION AND AMENDMENT NO. 17 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute ratification and Amendment No. 17 to the contract for professional services with Mavedck Engineering, Inc. in the amount of $67,608 for the Resaca Lift Station and 48-inch Gravity Line and Antelope Street and Salt Flats Area 36-inch/48-inch Wastewater Gravity Interceptor project. ISSI, IE: Amendment No. 17 to the contract for professional services with Mavedck Engineering Inc. is a ratification of additional fees for design, bid, construction and permitting tasks for the Resaca Lift Station and Antelope Street and Salt Flats Area 36- InclV48-1nch Wastewater Gravity Interceptor projects. The completed lift station serves the minor league baseball stadium and surrounding area and the wastewater gravity intemaptor, which will soon begin construction, will alleviate wastewater overflows in the subject area. FUNDING: Funds to finance the proposed project are available in the FY 2004-2005 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Escobar, P.E. 4Director of Engineering Services Additional Sul~port Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Maps (2) AGENDA BACKGROUNDINFORMATION SUBJECT: Resaca Lift Station and 48-Inch Wastewater Gravity Line (Project No. 7288) Antelope Street and Salt Flats Area 36-1nch/48-1nch Wastewater Gravity Interceptor (Project No. 7302) - RATIFICATION AND AMENDMENT NO. 17 PRIOR COUNCIL ACTION: 1. Auqust 18, 1998 - Motion authorizing the Ci['y Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Ouffall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M1998-285) 2. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Ouffall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantJNueces River Delta. (Motion No. M2001-189) 3. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount ol~ $48,560 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Planl,/Nueces River Delta. (Motion No. M2001-409) 4. Apdl 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount ot $99,112 for engineering services associated with the Airport Ditch Ouffall Improvements and Broadway Plant Lilt Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2002-099) 5. JuN 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project - 36"/48" Diameter Gravity Line and Lift Station. (Motion No. 2003-239) 6. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to exceed $62,338 for the 24-Inch Gravity Sewer Line along Antelope Street between Palm Street and Doss Street. (Motion No. M2003-447) 7. Ma,/11,2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Holloman Corporation of Converse, Texas, in the amount of $4,621,795 for the Resaca Lift Station and 48-Inch Wastewater Gravity Line. (Motion No_ M2004-181 ) 8. November 16, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi, Texas, for a total fee not to exceed $39,044 for a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36-1nch/48-1nch Wastewater Gravity Interceptor Project. (Motion No. 2004-429) 9. Januarv 18, 2005 - Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Holloman Corporation o[ Converse, Texas, in the amount o! $138,290.41 for the Resaca Lift Station wo~, at the Broadway Wastewater Treatment Plant. (Motion No. 2005-21) I EXHIBIT"A" I Page I of 3 10. March 29, 2005 - Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) PRIOR ADMINISTRATIVE ACTION: 1. Sel~tember 10, 1999 - Administrative Amendment No. 1 to an eng~neenng 10. 11. services contract with Govind & Associates Inc. for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for amhaeological survey services for the Airport Ditch Outfall Improvements. June 27, 2000 - Administrative Amendment No. 2 to an engineenng services contract with Govind & Associates inc. for a total fee not to exceed $9,480 for a total restated fee not to exceed $343,793 to evaluate alternate pump station locations. June 19, 2001 - Administrative Amendment No. 4 to an engineenng services contract with Govind & Associates Inc. for a total fee not to exceed $14,010 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. May 22, 2002 - Administrative Amendment No. 7 to an engmeenng services contract with Govind & Associates Inc. for a total fee not to exceed $24,650 for a total restated tee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. November 14, 2002 - Administrative Amendment No. 8 to an engineenng services contract with Govind & Associates, Inc. for a total fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. December 24, 2002 - Administrative Amendment No. 9 to an engineering serwces contract with Govind & Associates Inc. for a total fee not to exceed $24, 880 for a total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project_ February 6, 2003 - Administrative Amendment No. 10 to an engineering services contract with Govind & Associates Inc. for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion project. Auclust 29, 2003 - Administrative Amendment No. 12 to an engineenng services contract with Govind & Associates Inc. for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. Apdl 19, 2004 - Administrative Amendment No. 14 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. October 22, 2004 - Administrative approval of Change Order No. 1 to the construction contract with Holloman Corporation of Converse, Texas, in the amount of $22,548.22 for the Resaca Lift Station and 48-Inch Wastewater Gravity Line. November 5, 2004 - Administrative Amendment No. 15 to an engineering services contract with Maverick Engineering, Inc. for a total fee not to exceed $16,388 for a total restated fee not to exceed $1,339,767, for the Broadway Wastewater Treatment Plant Diversion project. EXHIBIT "A" I Page 2 ot 3 PROJECT BACKGROUND: The second phase of the Broadway Wastewater Treatment Plant Diversion Project consists of two (2) parts as follows: Part 1 (Project No. 7288) - Construction of a new lift station at Resaca Street and a new 48-inch gravity line. Both of those projects have been completed and serve [he newly completed minor league baseball stadium as well as the downtown area. The lift station, designed for ultimate capacity of 40 MGD peak flow, has an odor control system, dual power source to comply with TCEQ rules, and the site is fenced and landscaped. The 48-inch gravity line, approximately 1,300 feet in length, is located between the existing head works of the Broadway Wastewater Treatment Plant and the Resaca Lift Station. Part 2 (Proiect No. 7302) - Construction of a 38-inch/48-inch wastewater gravity line, which will be over 5,000 feet long and will help alleviate overflow problems at the manholes along Leopard Street and Winnebago Street. (The construction award was approved by the City Council on Apdl 19, 2005.) The 36-inch gravity line will be constructed commencing on the south side of IH- 37 from Leopard Street to West Broadway Boulevard. The 48-inch line will begin at the terminus of the 36-inch line which is the location of the new lift station and continue to the Broadway Wastewater Treatment Plant head works. PROJECT DESCRIPTION: The proposed Amendment No. 17 to the contract for professional services with Mavedck Engineering Inc. is a ratification of design work that has already been done for the above two projects (No. 7288 and No. 7302). The additional fees are for design, bid, construction and permitting tasks as follows: 2. 3. 4. The costs to incorporate the mechanical bar screen at the Resaca Lift Station. The costs to incorporate the changes related to the dual power, especially the redesign of the Resaca Lift Station building. The costs to incorporate the security system and mechanize the gate operation at the Resaca Lift Station. The cost to develop two design packages in lieu of one design package since the Resaca Lift Station project needed to be fast-trackod separately from the Antelope and Salt Flats area project. The costs for inspection services for both projects as the overall construction time frame has almost doubled. Additional engineering fee is also requested for the design of shoring as per Union Pacific Railroad requirements for installation of 60" casing under the railroad at Sam Rankin and Broadway Boulevard and allocating time for TxDOT permits. EXHIBIT "A" I Page 3 of 3 CONTRACT SUMMARY SCOPE OF PROJECT: Resaca Lift Station and 48-Inch Wastewater Gravity Line (Project No. 7288) Antelope Street and Salt Flats Area 36-1nch/48-1nch Wastewater Gravity Interceptor (Project No. 7302) Amendment No. 17 to the contract for professional services with Mavedck Engineering Inc. is a ratification of work that has already been done_ The additional fees are for design, bid, construction and permitting tasks as follows: costs to incorporate the mechanical bar screen, dual power system changes, secudty system, and mechanized gate operation at the Resaca Lift Station. Also, the amendment incorporates the cost to develop two design packages in lieu of one design package (since the Resaca Lift Station project needed to be fast-tracked separately from the Antelope and Salt Flats area project) and the costs for inspection services for both projects as the overall construction time frame has almost doubled. FEE: BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Sub-total Basic Services $0.00 47,090.00 1,596.00 12,752.00 61,438.00 ADDITIONAL SERVICES Permitting: 1. Permit for Railroad Crossings 2. TxDOT Permit for Road Boring Sub-total Additional Services 3,976.00 2,194.00 6,170.00 TOTAL $67,608.00 EXHIBIT 'B" I Page I of 1 File \ Mprojec~ \ councilexhibits \ exh 7285o.dwg l_oc~rlo~ MAP NOr ro SCALE J SHIP CHANNEL PROJECT PROJECT L OCA T_T ON CORPUS CHRISTI BAY N COR~ CHRIS TI BAY CITY PROJECT No. 7288 VT_CT_NT_TY MAP NOT TO SCALE EXHIBIT "C" RESACA LIFT STATION AND 48-INCH WASTEWA TER GRAVITY LINE CITY OF CORPUS CHRISTI, TEXAS CITY COUNC_TL EXHT. BIT DEPARTMENT OF ENCINEERING 5£RVICE$ PAGE: ? of 2 DATE: 04- 19-2005 FTle : \Mproject\councilexhibits\exh7302.dwg LOCATION MAP NOT TO $CAL£ PROJECT SITE ANTE[ C LEOPARD J CL UP COMANCH Cemeter CITY PROJECT No. 7302 MESTIhlA Z o VICINITY MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRISTI BAY ? PORT AVE LEOP,a RD ~- LIP^N (.o COMANCHE N EXHIBIT 'C' ANTELOPE STREET AND SALT FLA TS AREA 36-1NCH/48-1NCH WASTEWA TER GRAVlTY INTERCEPTOR PROJECT CITY OF CORPUS CHRISTI, TEXAS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 04- 19-2005 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 26, 2005 AGENDA ITEM: Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, inc. for 'C-Sculptures," on the Guff Beach at Newport Pass County Park. Providing for severance; and declaring an emergency. ISSUE: Any beach festival that is held in the City of Corpus Christi must comply with City Code of Ordinances, Chapter 10, Article XI, Beach Festivals. C-Sculptures is an outdoor event that includes a sand sculpting competition, contests and musical performances to be held at Newport Pass County Park, Nueces County Property, within the City's limits, on June 11,2005, from 8 a.m. to 5 p.m. Estimated attendance is 10,000 each hour and about 100,000 per day. The even{ has a long history, 28 years. It is a one-day event and has a contract with Nueces County to do the event. This event now falls under the City of Corpus Christi's Code of Ordinances, Chapter 10, Article XI, Beach Festivals. Due to the City's annexation of Padre Island, this event now occurs inside the Corpus Chdsti City limits. The Beach Festivals ordinance requires a Public Hearing for each requested permit_ The Public hearing was held on April 13, 2005, and no one expressed any concerns or opposition to the event. The attached ordinance authorizes the City Manager to issue a beach permit upon compliance with Code of Ordinances, Chapter 10, Article XI, Beach Festivals; including execution of police services agreement, approval of the fire prevention plan by the City's Fire Marshal, and obtaining required temporary certificate of occupation by the Cib/s Building Official. However, upon Promoter's agrccmen{ to remove temperaP/structures, provide for trash disposal, restore festival site to its former condition, and reimburse City for Cit3/s costs incurred, the bond required in Section 10-115 (4) is waived. REQUIRED COUNCIL ACTION; City Council must approve permits for beach festivals. PREVIOUS COUNCIL ACTION: This event was approved in 2003 and 2004. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Sally Ge~lik, D~rector Parks arid Recreation Department Attachments: Ordinance, Agreement and Clean Up Plan ORDINANCE AUTHORIZING THE ISSUANCE OF A BEACH FESTIVAL PERMIT TO CLEAR CHANNEL BROADCASTING, INC. FOR "C SCULPTURES," ON THE GULF BEACH AT NEWPORT PASS COUNTY PARK; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY WHEREAS, Clear Channel Broadcasting, Inc. ("Promoter") has submitted an application to sponsor the annual "C-Sculptures" festival on the Guff Beach at Newport Pass County Park that requires a beach festival permit under Article XI of Chapter 10, Code of Ordinances; WHEREAS, the proposed "C-Sculptures" beach festival will be held on Nueces Counb/'s Newport Pass property on Mustang Island, including the beach along the Gulf of Me~:ico; WHEREAS, the beach along the Gulf of Mexico is subject to the Texas Open Beaches Act, WHEREAS, Promoter is in the process of arranging for the appropriate support from the Cites police department, other law enforcement agencies, and pdvate security services to provide for traffic control, crowd control, and other secudty issues; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes the City Manager, or the City Manager's designee, to issue of a beach festival permit to Clear Channel Broadcasting, Inc. for the "C Sculptures," on the Guff Beach at Newport Pass Park in Corpus Christi City Limits, on Jure 11, 2005 from 8:00 a.m. to 5:00 p.m. upon Promoter's compliance with all provisions of Article XI of Chapter 10 of the Code of Ordinances; including but not limited to, execution of police services agreement, approval of the fire prevention plan by the City's Fire Marshal, and obtaining required temporary certificate of occupancy by the City's Building Official. However, upon Promoter's agreement to remove temporary structcres, properly dispose of trash, restore festival site to its former condition, and reimburse City for City's costs incurred, the bond required in Section 10-115(4) is waivecI. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word c,r 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, phrase1 word or provision of this ordinance be given full force and effect for its purpose, SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs June 11, 2005 C Sc,JIpLums .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 on this the __ day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armardo Chapa Henry Garrett City Secretary Mayor APPROVED: This I~'l day of ~¢2, 2005: LisaAguilar I ) Assistant City Attorney for Cit~t Attomey June 11, _)005 C Sculptures .doc 2 Page 1 of 2 Agreement as to Use of Public Beach by Clear Channel Broadcasting Inc. Whereas, Clear Channel Broadcasting Inc. ("Promoter") of 501 Tupper Lane, Corpus Christi, Texas, has applied for a Beach Festival Permit ("permit") with the City of Corpus Christi to conduct an outdoor music festival on NewPort Pass Padre Island ("Festival Site") on June 11, 2005; Now therefore, in accordance with Section 10-115 of the City Code of Ordinances, the Promoter agrees to the further conditions and stipulations as follows: (1) The Promoter shall pay to the City of Corpus Chdsti (the "City") the reasonable value of any lost, damaged, or destroyed park or beach facilities in the vicinity of the festival. (2) Temporary or portable buildings, structures, or improvements at the Festival Site shall meet all city building codes and be kept in a safe, sanitary and sightly condition. (3) Upon the expiration of the permit, all temporary or portable buildings, structures, and improvements placed on the Festival Site by the Promoter shall be removed and the Promoter shall restore Festival Site to its former condition. (4) In lieu of the bend required under Section 10-115 (4) of the Code of Ordinances, the Promoter agrees to promptly, by no later than 11:59 p.m. June 12, 2005, remove all garbage, trash, debds and refuse from the Festival Site and agrees to promptly, by no later than 11:59 p.m. June 12, 2005, restore the Festival Site to its former condition. However, if Promoter fails to comply with this subsection, Promoter agrees to reimburse the City, within 30 days receipt of invoice, for City's costs to restore the Festival Site to its former condition. The Clean Up Plan is attached as Exhibit A. (5) The Promoter shall provide liability insurance and all other relevant insurance as specified by the City's Risk Manager or the dsk manager's designee pdor to the issuance of the permit. (6) The Promoter shall not discriminate against any person or group on the basis of race, color, religious preference, ethnicity, national origin, disability, or sex and that all facilities provided in connection with the beach festival shall be reasonably available to all persons in attendance. (7) The Promoter shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, state, county, and city governments. (8) The Promoter shall show the location of sufficient on-beach and off-beach parking space to accommodate the anticipated attendance. (9) The promoter shall affirm and demonstrate that the Festival Site is accessible from existing beach access roads and that the festival will not block or unduly interfere with beach access roads or normal beach traffic or interfere with normal beach use by those not participating in the festival. C:\Documents and Settings'd~4arty\Local Setfings\Temporar~ In[emet Files\OLKF91Pank and Rec - 2005 C Sculptures (2).doc Page 2 of 2 (10) The Promoter has a duty to protect the dunes and is responsible for mitigating any damage to the dunes caused by the beach festival. (11 ) The Promoter agrees to comply with all provisions o[ Article XI of Chapter 10 of the City of Corpus Chdsti Code of Ordinances, including but not limited to, execution of police services agreement, approval of the fire prevention plan by the City's Fire Marshal, and obtaining required temporary certificate of occupancy by the City's Building Official. Executed this the /~>~"- day of ,/3~3,,',' [ ,2005. Clear ~ By: Name: J~.~q- Title: V/ /- STATE OF 'T'e.x~--.~5 § COUNTY OF ~r~' § This instrurr]ent wa,s acknowledged before me on by ~l'~t~-- /~v-~-,~'~ , as V~/O, jl.(~../., ,,~... Inc., on behalf of said Texas corporation / Notary Public, State of Texas , of Clear / ~ , 2005, Channel Broadcasting, C:\DocumenLs and Serdngs\Mady~LocaJ Settings\Temporary Internet Files\OLKF9~Dark and Rec - 2005 C Sculptures.doc 28th Annual C-10t C-Sculptures Clean Up Plan In accordance with C-101 's application for an Outdoor Music Festival Permit for the 28th Annual C-101 C-Sculptures event being held June 11, 2005, adjacent to Newport Pass Beach from 8am - 5pm, a plan el~ action for the purpose of trash removal and to retum the event site to its original state will be Implemented. This plan of action includes assistance from Clear Channel Broadcasting employees, volunteers secured by Daiquiri Richard from the Beautify Corpus Chdsti Associeticm (B.C.C.A) and assistance from citizens from the community. Below is an outline of how this plan will be executed to ensure that our commitment will be met, Clear Channel Corpus Chdsfi's four (4) FM broadcast signals, KNCN 101.3, KRYS 99.1, KMXR 93.9 and KSAB 99.9 and two (2) AM broadcast signals, KKTX 1360 and KUNO 1400, will combine their resources to promote the removal el~ trash from the beach by visitors to the area. These resources include using the individual station broadcast signals to announce public se[vice announcements promoting beach dean up, station websites, with posted tips and information b~ educate the public about eh environmental impact of litter, plus the use of station volunteers who will collect bash from the event site on June 11, 2005. C-101 will conduct a contest to encourage citizens and visitors to take a proactive approach to cleaning up not only their trash but also the trash of their neighbors as well. Through a sedes of promotional announcements, C-101 will promote a contest to reward Individuals who collect fi.ash the day of the event. It will be conducted In the following manner. A trash collection center will be located on site with printed signs clearly marking Its location. Individuals will be asked {o pick up t/ash bags, courtesy of B.C.C.A, at this station. The bags are free ~3 the public and will be given to anyone who needs one, regardless if they are pa~cipating In the contest. The contest is designed to encourage people to bring their bags of {rash to the trash collections station, where their name will be logged as well as the number of full trash bags they are contributing. They will be allowed to collect more bags and continue to contribute more bags of trash if they wish. A collective tally of the number of trash bags contributed by each individual will then be logged and a 1~t, 2~ and 3~ place reward will be awarded to the people with the most bags. Prizes include dinner gift certificates, concert tickets, vouchers to theme parks and other promotional items. We will also coordinate with Lieutenant Carreon with the S.P.U.R.S. program to conduct a beach dean up on Sunday (06.12). Monday (0~.13) and Tuesday (06.14). Clean up will be done In the area between Zahn Road to Access Road 501 Tu~P~' 11 CITY COUNCIL AGENDA MEMORANDUM April 26, 2005 AGENDA ITEM: Exempting S & J Estates, Block 1, Lot 1, located west of Callicoate Road along Heam Road, from payment of Wastewater Acreage Fees pursuant to Section V.B.6.1)of the Platting Ordinance. ISSUE: The City Council, with the advice of the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Coundl to not likely be served by City water or wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission's Recommendation (Apdl 6, 2005): Approval REQUIRED COUNCIL ACTION: Approval and passage of resolution exempting S & J Estates, Block 1, Lot 1 from payment ol~wastewater acreage fees. B~iley-Holly, AICP Director of Development Services Department Attachments: Exhibit A - Background Information Exhibit B - Resolution Exhibit C - Letter from Johnnie A. Bickham Exhibit D - Location Map H:'~LNq31R~S HARED\WORD~I_ATS\EXEMPTION~S &J ESTATES BLK 1 LTl CCAGENDAM EMO DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.1.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." in accordance with Section V.B.6.1), Mr. Johnnie A. Bickham is requesting exemption from the wastewater acreage fees for his subdivision, S & J Estates, Block 1, Lot 1. S & J Estates is located along Heame Road, west side of Callicoate Road. The subdivision is a one lot plat where the applicant proposes to construct one single-family residence. The lot contains 4.62 acres and is located within the Corpus Christi city limits. S & J Estates, Block 1, Lot 1 is also located inside the City's Certificate of Convenience and Necessity (CCN) area. The nearest wastewater manhole to the subject property is approximately 650 feet east, near Cailicoate Road. The manhole has a depth of 3.2 feet which is too shallow for Mr. Bickham to connect. The City's Wastewater Department reviewed Mr. Bickham's request and concluded that it is likely that wastewater services will be available within the next 15 years. The W astewater Department does not recommend the waiver of the $5,171.00 in acreage fees. The Planning Commission, during the public hearing, determined that the wastewater services would not be available within the next 15 years based on the development history of the area. Planning Commission also noted that the wastewater acreage fees being charged were not in proportion to the construction of one single-family residence. Planninq Commission Recommendation (04~06~05): Approval to exempt S & J Estates, Block 1, Lot 1 from the wastewater acreage fees. EXHIBIT A H ~PLNA31R~PLARED\WORD~PLATS\EXEMPTIONLS&JESTATES BLK1LT1 CCAGENDABACKGRD DOC RESOLUTION EXEMPTING LOT 1, BLOCK '1, S & J ESTATES, SUBDIVISION FROM THE PAYMENT OF WASTEWATER ACREAGE FEES PURSUANT TO SECTION V. B. 6. I. OF THE PLA'I-rING ORDINANCE. WHEREAS, the owner, of Lot 1, Block 1, S & J Estates Subdivision, Johnny A. Bickham has submitted a written request that the Subdivision be exempt from the payment of wastewater acreage fees based on the assertion that it is unlikely that wastewater service will be available to the Subdivision within the next 15 years; WHEREAS, based on Section V. B. 6. I. of the Platting Ordinance of the City of Corpus Chdsti, the Planning Commission is recommending that the Subdivision be exempt from the payment of wastewater acreage fees at this time. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Lot 1, Block I S & J Estates Subdivision is exempt from the payment of wastewater acreage fees at this time, pursuant to Section V. B. 6. I. of the Platting Ordinance of the City of Corpus Chdsti. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: ~ ~-,' t/ 'Z~ ,2005. By: Assistant City Attorney For City Attorney Reso-S&J-Estates Corpus Christi, Texas of ,2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly RexA Kinnison John E. Marez Jesse Noyola Mark Scot1 2 Resc-S&J-Esla[es SELECT JOHNNIE A. BICKHAM, LUTCF Agent 10838 Leopard, Suite B Corpus Christi, TX 78410 City of Corpus Christi Development Services/Special Services c/o Miguel S. Saldana PO Box 9277 Corpus Christi, TX 78469-9277 RE: CaseNo. 0604100-P57 S & J Estates, Block 1, Lot 1 Dear Mr. Saldant~ I would like to have the waste water fees waived on the above referenced property. The reason for this request is because I will need to install a septic system when I build my home. I feel the fees are excessive because I am developing the property for myself, but the city is considering me a developer. Thank you for your attention to this matter. Sincerely, lohnnie A. Bickham cc: Barbara Holly Mary Frances Teniente Linda Williams 361.241.7621 INSURANCE COMPANIES · .om BLOOM,N O . ,L,,.O,S Exhibit C STATE FA P3vl FARIA.~ G. GRANT ABSTRACT 592 SUBJECT PARCEL FALUNS WASTEWATER LINE {-ON C. HiLL UNIT 1 I-3 .lB HILL FR FR NORTH Exhibit D 12 AGENDA MEMORANDUM April 26, 2005 AGENDAITEM: Ordinance appropriating $81,811.60 from the Boardwalk Unit 2 Subdivision located west of Cimarron Boulevard north of Lipes Boulevard, as developer's contribution to Drainage Channel No. 31 in No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $81,811.60 to the No. 4730 Infrastructure Fund; and declaring an emergency. Motion approving payment of $81,811.60 developer's contribution from the Boardwalk Unit 2 subdivision from No. 4730 Infrastructure Fund to Ann H. Bratton, Independent Executor of the Estate of Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Chdsti and Trustee. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton (deceased) and the City of Corpus Chdsti. The agreement requires the City to collect payments from other developers that use the Channel and reimburse Ann H. Bratton, Independent Executor of the Estate of Mark P. Bratton (trustee) for his initial expenditure. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement between the Cib7 of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Infrastructure Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. ~CP. Director of~)evelopment Services A"CFACHMENTS: Exhibit A. Background In[on'nation Exhibit B Location Map I- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Current Situation: The platting of the Boardwalk Unit 2 subdivision located west of Cimarron Boulevard and north of Lipes Boulevard required the developer to pay associated platting fees including an $81,811.60 impact fee for Master Ditch 31. The Developer has paid the City of Corpus Christi all the required platting fees. Evolution of the Master Plan Drainaqe Channel 31 Trust Fund: In 1985, several landowners (participating owners), including the Corpus Christi School District (CCISD) began investing in the basic infrastructure necessary for developing an area north of Yorktown Boulevard and east of Staples Street. This area includes the Kaffie Middle School site. The water and wastewater trust funds, were being used, as they are today throughout the City, to pay for water and wastewater improvements to serve the area. Development was hampered by the lack of a similar system for drainage in areas without a drainage outfall in place. The participating owners implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31, including acquisition of right-of-way, excavation of the channel, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation at the time. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established an impact fee based upon the area of tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the impact fee from both non-participating and participating owners and disbursing the funds plus interest to the Trustee of the funding owners (CCISD, Harris & Charles Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into between Mark Bratton, Trustee and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. IExhibit A Page ~ of 2 Prior Council Actions Associated with Master Plan Drainaqe Channel 31 1. Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of dght of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rata fee plus interest to Trustee on December 31, 1985 (M85-0597). 2. Resolution authorizing City Manager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #022773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual pro rata costs to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular tract on February 18, 1997 (M98-046). 4. Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. flL)22913). Impact Fee Collection Triaaer Points: Impact fees are collected at one of the following three tdgger points, whichever occurs first, within all or any portion of a tract situated within Area 31: 1. recordation of a subdivision plat; 2. issuance ol= a building permit; or 3. connection to the City's utility systems. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Offsite Drainaqe Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full development of the service area. The 20-year term will conclude on December 31,2005_ Page 2 of 2 Lipes Blvd. AREA NAP 1' = JOOC~ F~ASS AND W[LSH ENGINEERING CORPU~ CHRIS'TI, '~ COMP, NO. CXB-AMAF JO~ NO. 04102 SC-N.E: AS SHOWN PLO1 SCALE: 1' ~ 20' PLO1 DA'~C: 12/22/04 THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRISTI, TX EXHIBIT AN ORDINANCE APPROPRIATING $81,811.60 FROM THE BOARDWALK UNIT 2 SUBDIVISION, LOCATED WEST OF CIMARRON BOULEVARD AND NORTH OF LIPES BOULEVARD, AS DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. :31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, VVi-IICH APPROPRIATED THE TRUST FUNDS, BY ADDING $81,811.60 TO THE NO. 4730 INFRASTRUCTURE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $81,811.60 from the Boardwalk Unit 2 Subdivision developer's contribution to drainage channel 31 in the No. 4730 Infrastructure Fund is appropriated and that ordinance No. 024130 is amended by adding $81,811.60 to the No. 4730 Infrastructure Fund. 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 26th day of Apdl, 2005. ATi'EST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED /3~' /3 ,,-,' ( 'L. o',2005. By: / Josep~Hame~-'~ Assistant City Attomey 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/VVe, 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 13 AGENDA MEMORANDUM April 26, 2005 SUBJECT: Ciman'on Blvd. Street Imps, Phase 2, Yorktown to Bison Dr. (#6262) Bond Issue 2004, Parcels 2 & 3 Vacating and Abandoning of Utility Easement (1,383.35 s/ft.) AGENDA ITEM: Ordinance vacating and abandoning a 1,383.35-square foot portion of a 10-foot wide Utility Easement out of Lots 90 and 91, Block 1, Mariposa Subdivision located south of the Yorktown Blvd. and CimarTon Blvd. intersection, in connection with the CimarTon Boulevard Street Improvement Project, Phase 2, Yorktown to Bison, (Bond 2004); and declaring an emergency. ISSUE: The Cimarron Blvd. Street Improvement Project, Phase I and II, was approved by the voters in the November 2, 2004 referendum. The acquisition of three parcels of right- of-way is needed for the construction of a right-hand turn lane at the southeast comer of the intersection of Yorktown Boulevard and Cimarron Boulevard. Parcels 2 and 3 are taken from the rear of Lots 90 and 91, Block 1 of the Madposa Subdivision. The parcels ovedap portions of an existing ten (10) foot wide Utility Easement which was dedicated by the subdivision plat. The Citywill vacate and abandon 1,383.35 square feet of the existing Utility Easement which lies in the proposed Cimarron Boulevard right-tum lane. The original ten-foot wide Utility Easement will be re-established on the remaining portion of lots 90 and 91 through replatting of these lots. REQUIRED COUNCIL ACTION: Passage of the ordinance as submitted. FUNDS: No funding required. RECOMMENDATION: Staff recommends the approval of the ordinance as presented. £ · Escebar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Council Exhibit (R.O.W. to Vacate & Abandon) Exhibit C. Ordinance H:~'IOME~EUSEBIOG~GEN~,ge~da II. ms.matra1 Blvd. UE C}osureV~genda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Cimarron Blvd. Street Imps, Phase 2, Yorktown to Bison Dr. (#6262) Bond Issue 2004, Parcels 2 & 3 Abandoning and Vacating of Utility Easement (1,383.35 s/ft.) PRIOR COUNCIL ACTION: AuGust 24, 2004 - Ordinance ordedng a Special Election to be held on November 2, 2004, in the City of Corpus Chdsti authorizing obligations of the City supported by ad valorem taxes. (Ordinance No. 025912) November 9, 2004 - Resolution expressing official intent to reimburse costs of 2004 Bond Capital Improvements Project. (Resolution No. 026015) FUTURE 1. COUNCIL ACTION: Authorize contracts and expenditure of funds from the Bond 2004 General Obligation Bond funds which exceed $25,000; and authorize the acquisition of parcels whose cost exceeds $25,000; and authorize the payment of any Special Commissioners' Awards due to Eminent Domain procedures for the condemnation of any of these parcels. OVERVIEW: On November 2, 2004, the City of Corpus Chdsti held an election to consider a number of propositions to fund major capital improvements in the community. The voters approved $95 million in projects which would be funded by the sale of General Obligation Bonds. One of these projects involves street improvements to Cimarron Boulevard between Yorktown Boulevard and Bison Ddve. The acquisition of three parcels of right-of-way is needed for the construction of a right-hand rum lane at the southeast comer of the intersection of Yorktown Boulevard and Cimarron Boulevard. In order to construct these improvements, the City requires two parcels of dght- of-way out of the rear portion of two lots (Lots 90 and 91) in the Mariposa Subdivision, adjacent to Cimarron Boulevard. These two lots contain a ten-foot (10) wide Utility Easement located along their rear property line which was obtained by platting of the subdivision. This ordinance proposes to close the odginal portions of Utility Easement as shown on the attached Exhibit B. The City's right--of-way requirement ovedaps the Utility Easement in which existing utilities are located. In order to re-establish a full ten foot wide Utility Easement and relocate utilities, the City has chosen to re-plat the remaining property and re-acquire the original ten-foot Utility Easement width through dedication. The landowner, Hogan Development Co., LP, has agreed to sell the City the required street right--of-way with the understanding that the City replat the remaining property and relocate the exisiting utilities. The purchase price is under $25,000 and does not require Council action. A sales contract has been executed by the City and the landowner and will be escrowed at San Jacinto Title Company. The third and final parcel will be obtained at a later date either by platted street dedication or negotiated purchase. H:~HOME~EUSEBIOG\GEN'C, genda Ilems\Cirr~rro~ Blvd. UE Closure~acAgro*Jnd.doc EXHIBIT A 2444 LOCATION MAP NOT TO SOAL£ N CITY PROJECT No. 6262 VICINITY MAP NOT TO SCAZ£ ClMARRON BLVD., PH 2 YORKTOWN TO BISON UTILITY EASEMENT TO VACATE & ABANDON CITY OF CORPUS CHRISTI, TEXAS EXHIBIT 'B' CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SEK'VlCES PAGE: I of I ~'-- DATE: 04-04-2005 ~ AN ORDINANCE ABANDONING AND VACATING A 1,383.35-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 90 AND 91, BLOCK 1, MARIPOSA SUBDIVISION LOCATED SOUTH OF THE YORKTOWN BLVD. AND CIMARRON BLVD. INTERSECTION, IN CONNECTION WITH THE CIMARRON BOULEVARD STREET IMPROVEMENT PROJECT, PHASE 2, YORKTOWN TO BISON (BOND 2004); AND DECLARING AN EMERGENCY. WHEREAS, there is 1,383.35-square foot portion of a 10-foot wide utility easement out of Lots 90 and 91, Block 1 Madposa Subdivision, located south of the Yorktown Blvd. and Cimarron Blvd. intersection, as recorded in Volume 63, Pages 60-61, Map Records Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,383.35-square foot portion of a 10-foot wide utility easement out of Lots 90 and 91, Block 1, Madposa Subdivision, located south of Yorktown Blvd. and Cimarron Bird_ intersection, as recorded in Volume 63, Pages 60-61, 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: 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. Pdor to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon wdtten request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 26th day of April, 2005. EXHIBIT C Page 1 o[ 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa By: City Secretary Approved '/~ p / / z-~-J Joseph~arney ~""0 Assistant City Attorney For City Attorney ,2005 Henry GarreE Mayor H :~LEG-DIRUoseph\ORD -Marlpos a-av.d oc 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: lANe, 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-DlRLIoseph\ORD-Mariposa-av.doc 14 CITY COUNCIL AGENDA MEMORANDUM City Coulcil Action Date:. A0dl 19, 2005 AGENDA ITEM: AMENDING SECTION 55-151, CODE OF ORDINANCES, CITY OF COPRUS CHRISTI, REGARDING THE CITY'S WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: Amendment to the Texas Administxative Code Title 30, Chapter 288 rules relating to Water Conservation Plans, Drought Contingency Plans, and Guidelines and Requirements and requiring City to subrrfit a revised Water Conservation and Drought Management Plan by May 1, 2005. REQUIRED COUNCIL ACTION: Ordinance approval. PREVIOUS COUNCIL ACTION: Approval of City Ordinance 023740 - Water Conservation and Drought Contingency Plan, August 1999 mad City Ordinance 24396, adopted March 20, 2001 amended Article XII. Water Conservation. CONCLUSION AND RECOMMENDATION: Staffrecommends Council approval. Attachments: BACKGROUND INFORMATION SUBJECT: Amending the City's Water Conservation and Drought Contingency Plan An amendment to the Texas Administrative Code Title 30, Chapter 288 rules relating to Water Conservation Plans, Drought Contingency Plans, and Guidelines and Requirements were approved by the Texas Commission on Environmental Quality (TCEQ) on October 7, 2004. The Water Department has a long commitment to promoting water conservation in the community; and we have utilized our past involvement to account for future water conservation measures. In keeping with that tradi ti on, and to ensure that future generations will have adequate water supplies, the City will promote water conservation as an alternative water supply_ In order to reduce per capita demand over the next several decades, the City embarked on a water conservation program designed to educate citizens on the benefits of efficiency, and to provide incentives for reduced water use through changes in behavior and installation of water saving devices. Chapter 288 rules require that the City identify specific conservation goals and set five and ten year targets for water savings. The recommended goals include reducing summertime peak pumping and reduce overall per capita consumption by one percent per year from the City's consumption of 259 gallons per capita per day (gpcd) ~n 1988 to 200 gpcd by 2014. The City's actual gpcd for 2004 was 218 gped. The reduction m per capita consumption is a result ora combination of conservation efforts, including public education and restrictions on outdoor water use that will be implemented as part of the City Water Conservation Plan. The City will aim to carefully balance revenue needs and conservation programming to ensure that the system is fiscally sound. The Water Conservation Plan also addresses ten Best Management Pmctmes (BMPs) to improve water use efficiency. They ~nclude system water audit and water loss, metering of all connections; promoting water conservation pricing; prohibition of wasting water; distribution of public information and school education programs; promoting water-wise landscape design and conversion program; promote City park conservation; and reuse of reclaimed water. City's existing Drought Contingency Plan meets Chapter 288 rules; therefore no changes are required_ The Water Conservation Plan must be submitted to TCEQ by May 1, 2005. A copy of the plan was submitted to the Regional Water Planning Group for their comment. AN ORDINANCE AMENDING SECTION 55-151, CODE OF ORDINANCES, CI'I'Y OF CORPUS CHRISTI, REGARDING THE CITY'S WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; 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 55-151 is revised to raad as follows: Sec. 55-151. Water conservation and drought contingency plan. (a) The City of Comus Christi Water Conservation and Drought Contingency Plan 2005. for Corpus Chdcti, dated Auguct 24, 1099, A~d126. 2005, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) The city manager .~hc!! may pursue a water well leasing program to obtain groundwater to supplement surface supplies, as economically feasible. SECTION 2 If for any raason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3 Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. R53803A1 .DOC Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly 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: Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATTEST: ,2005 by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: 13~ day of April, 2005: Henry Garrett Mayor, The City of Corpus Chdsti Fi'rs~ Assistant City Attomey For City Attorney 2 R53803A1 .DOC 15 CITY COUNCIL AGENDA MEMORANDUM April 19, 2004 AGENDA ITEM: An ordinance authorizing the City Manager to execute Amendment No. 1 to Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi. ISSUE: The City of Three Rivers desires to divert water out of the Choke Canyon Reservoir. The 1984 water supply agreement prokibits the diversion without the consent of the City. The City has no objection to Three Rivers diverting out of the reservoir. At the same time, Corpus Christi desired to remove itself from the obligation and cost of maintaining the Campbellton Wells for the benefit of Three Rivers in the time of drought. Three Rivers has no objections to deleting the City's obligation, at a cost savings to the Corpus Christi water system. BACKGROUND: In 1984, the City of Corpus Christi ("City") entered into a water supply contract with the City of Three Rivers that had the additional purpose of selling Three Rivers a two percent interest in Choke Canyon Reservoir for $10 million. The $10 million was money Three Rivers planned to use to construct a dam and significant reservoir on the Frio River in the vicinity of Three Rivers, below Choke Canyon The proposed location of the dam was a major concern to Corpus Christi. The two percent sale resulted in an abandonment of the reservoir proposal. As a result of entering into the water supply contract, the City acquired a firm friend in the City of Three Rivers. Every meeting of organizations such as the Nueces Estuary Advisory Committee where the City would hope and need supporters, Three Rivers has been there. Indeed, when the Nueces Bay needs were being considered and the Raikoad Commission made the City a complainant against discharges into the Bay, Three Rivers immediately entered the fray on the City's side and through the mutual efforts, the two cities caused all discharges to be terminated. Over the past 20 years, Three Rivers has looked at its diversion system out of the Frio River. Three Rivers has continually expehenced treatment problems caused by when the Atascosa River would go on a rise and discharge into the Frio, bringing with the discharge significant amounts of sand and mud. Removal of the sand and mud causes treatment costs to soar. For this reason, Three Rivers developed an interest in locating its diversion point in Choke Canyon Reservoir itself. The 1984 water supply contract prohibited Three Rivers from diverting out of the reservoir, without the consent of the City. The City has no objection to Three Rivers diverting out of the reservoir and requested Tim Brown, the City of Corpus Christi's water rights attorney, to negotiate with Three Rivers' attorney, Harry Schulz, to accommodate Three Rivers' needs. At the same tin~e, Corpus Christi desired to remove itself from the obligation and cost of maintaining the Campbellton Wells for the benefit of Three Rivers in the time of drought. Three Rivers has no objections to deleting the City's obligation, at a cost savings to the Corpus Christi water system. The 1984 contract was reviewed and only those portions concerning diversions out of Choke Canyon and the Campbellton Wells were amended. No other part of the contract, such as the amount the City is to supply or the price to be paid, is disturbed. Consequently, simply stated, Three Rivers will be allowed to have a diversion point in Choke Canyon Reservoir. Corpus Christi will no longer have the obligation to supply Three Rivers water in times of drought conditions from the Campbellton Wells and, by interlocal cooperation agreement, the Campbellton Wells are conveyed to Tkree Rivers for that city's use. As a result, Corpus Christi avoids the costly maintenance and upkeep of the Campbellton Wells. RECOMMENDATION: I recommend that the City Council approve the ordinance authorizing the amendments. Eduardo Garafia, P.E. Director, Water Department AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO DEED AND WATER CONTRACT BETWEEN THE cI'rYOF THREE RIVERS, TEXAS AND THE CITY OF CORPUS CHRISTI, TEXAS. BElT ORDAINED BY THE CITY COUNCIL OFTHE CITY OFCORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager is authorized to execute Amendment No. I to Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi, Texas. R5;~802A 1 .DOC Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly 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: Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2005 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the A'I-I'EST: Rex A. Kinnison John Marez Jesse Noyola Mark Scott __ day of ,2005 Armando Chapa City Secretary APPROVED: 13~ day of April, 2005: Henry Garrett Mayor, The City of Corpus Christi 2 R, Jay Reining First Assistant City Attorney For City Attorney AMENDMENT NO. 1 TO DEED AND WATER CONTRACT BETWEEN THE CITY OF THREE RIVERS, TEXAS AND THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, on December 3, 1984, the Cities of Three Rivers, Texas, and Corpus Christi, Texas, signed the "Deed and Water Contract Between the City of Three Rivers, Texas and the City of Corpus Christi, Texas," which document is recorded at Volume 379, page 191, of the Deed Records of Live Oak County, Texas, and at File No 409412 of the records of Nueces County, Texas, and is identified therein as the "Contract;" and, WHEREAS, the City of Three Rivers, hereafter "Three Rivers," has determined that its water system would be facilitated by moving its point of diversion to Choke Canyon Reservoir and the City of Corpus Christi, hereafter "Corpus Christi," has determined that it no longer wished to operate the Campbellton Wells; and, WHEREAS, to accomplish and bnng about such changes, Three Rivers and Corpus Christi have determined that it would be mutually desirable and prudent to amend the 1984 Deed and Water Contract Between the City of Three Rivers, Texas and the City of Corpus Christi, Texas; and, WHEREAS, Three Rivers and Corpus Christi desire to amend numbered paragraphs 2, 3, 6 of the Contract, all other parts of the Contract remaining unchanged and intact; NOW, THEREFORE, th.is Amendment No. 1, this day made and entered into by and between Corpus Christi, acting herein by and through its duly authorized officers, and Three Rivers, acting by and through its duly authorized officers: W1TNESSETH: Section 1. It is agreed that Section 2 of the Contract that Three Rivers, for the consideration stated in the Contract, shall forever have the right, without the payment hereafter of any additional compensation, to withdraw water fi.om Choke Canyon Reservoir or from the Frio River at the rate of three million (3,000,000) gallons per day to be used for munictpal, commercial and industrial purposes. The withdrawals shall be made by Three Rivers at a point on Choke Canyon Reservoir located S 42° 44' 55" W, 6579.45 feet from the northwest corner of the Thomas Henry League, Abstract No. 14, Live Oak County, Texas, or at Three Rivers' existing diversion facilities located below the Choke Canyon Reservoir Dam, provided, however, that Three Rivers shall not use both diversion points simultaneously and Three Rivers shall notify Corpus Christi when it commences using one diversion point or the other diversion point. Corpus Christi agrees to amend Certificate of Adjudication No. 21-3414, at Three Rivers' expense, to acquire an authorized point of diversion and diversion rate from Choke Canyon Reservoir for Three Rivers. Any withdrawals of water by the Page I of 7 City of Three Rivers in an an~ount greater than three million (3,000,000) gallons a day, based upon an average of daily withdrawals over an aanual one (1) year period (the annual one year (1) year period as used herein being from January I to December 31 of each year), shall be paid for by the City of Thxee Rivers to the City of Corpus Christi at a price rate per thousand gallons as set forth in Section 7 below. Notwithstanding the other terms and provisions of this agreement, it is agreed, however that Three Rivers shall not have, w/thout the prior written consent of Corpus Christi, the fight to withdraw more than 5,000,000 gallons of water on any single day. The right to any volumes of water authorized by the agreement to be withdrawn by Three Rivers but not withdrawn by Three Rivers at its facilities located on the Frio River, when Three Rivers has notified Corpus Christi it will divert from those facilities, as the water flows by such facilities shall pass to and vest in Corpus Christi. For those times when Tha-ee Rivers does not desire to utilize the current existing point of diversion in the Frio River, Three Rivers will then join Corpus Christi in seeking authority from the Texas Commission on Environmental Quality to amend Certificate of Adjudication No. 21-3414 so as to reduce releases from Choke Canyon Reservoir in quantities equal to what Three Rivers is then diverting from Choke Canyon Reservoir. Section 2. It is agreed that Section 3 of the Contract is deleted in its entirety and, in its stead, the following is hereby denominated a new Section 3, which reads as follows: Section 3. Three Rivers and Corpus Christi agree that ~vhen, due to drought conditions, there is iusufficient water m the Frio Rivet to satisfy the requirements of Three Rivem, either because of the absence of sufficient natural flow water from the Atascosa River and the Fro River, the absence of water in Choke Canyon Reservoir capable of being diverted or released, or a combination of the above conditions, Corpus Christi shall have no obligation to furnish water to Three Rivers fi.om wells, known as the Campbellton Wells, located on or near the Frio and/or Atascosa Rivers situated above Three Rivers. Pursuant to Texas Government Code, Section 791.001, et seq, the Interlocal Cooperation Act. Corpus Christi and Three Rivers agree that the providing of water from the Campbellton Wells to Three Rivers is a governmental function that either of the parties to this agreement are authorized to perform. For the term of this agreement and the Contract, the Campbellton Wells are hereby transferred to Three Rivers by Corpus Christi for Three Rivers' operation, control, management, and use as Three Rivers determines is appropriate, together with the fight of Tlxree Rivers to use, repair, and replace any and all piping, equipment, and fixtures associated with such wells, and also together with the right of Three Rivers to occupy and use, in connection with the operation, control, management and use of such wells, any and all easements, property, and property fights, both real mid personal, owned by Corpus Christi in connection with its ownership of such four (4) wells. The purpose of this interlocal agreement is to transfer to, and allow, Three Rivers the right to operate, control, manage, and use the four (4) Campbellton Wells and all of each of the four (4) well's related piping, equipment, fixtures, and other related and associated property, both real and personal, as Three Rivers determines is in the best interest of its citizens. Corpus Christi agrees to cooperate with Three Rivers to enable 2~ree Rivers transport the water Three Rivers agrees to make no claim or Page 2 of 7 demand on Corpus Christi as a result of the Campbellton Wells or Three Rivers' operations, control, management and uses of the wells, and Three Rivers will hold Corpus Christi harmless from any claim or demand by any person, individual or corporate, resulting from Three Rivers operation, control, management, use, and maintenance of the wells The Campbellton Wells are four in number, being the following described four (4) wells have the following described GPS latitude and longitude locations, to-wit: (1) the Clybum Well, located at N 28 o 46' 16.2", W 098° 18' 26.1'; (2) the Rodriguez Well, located at N 28° 45' 14.3", W 098° 18' 11.4"; (3) the City Well, located at N 28° 44' 4Tl", W 098° 18' 22 2"; and, (4) the Bruner Well, located at N 28° 43' 55.8", W 098° 18' 00.6". Three Rivers and Corpus Chfistt agree that the benefits gained and responsibilities avoided by each of the parties fairly compensates each of the parties for the services or functions performed under this agreement. Section 3. It is agreed that Section 6 of the Contract is amended to read as follows: Section 6. Indemnity. Three Rivers will indemnify Corpus Christi for any liability which might accrue because of facilities constructed by Three Rivers at its diversion facility, whether located within Choke Canyon Reservoir, the existing channel dam or their replaeements, or on land or right-of-way owned by Corpus Christi, and Three Rivers assumes all responsibility for adequately maintaining and safeguarding such facilities. This provision is for the protection of Corpus Christi and Three Rivers and is not for the benefit of third parties. Section 4. Authority to Execute - In order to make this Amendment to the Contract fully binding, each of the parties has been duly authorized hereunto and in the execution hereof by proper ordinance or resolution of the respective governing body and certified copies furnished by each party to the other party for attachment hereto, h is agreed and understood that a copy of this Amendment No. 1 shall be recorded in the Deed Records of Live Oak County, Texas, and in the Deed Records of Nueces County, Texas, for the purl~ses of carrying into effect the provisions set forth in this agreement. Also, this Amendment No. I shall be submitted to the Nueces River Authority for its COllCUrrence. Section 5. All Am-eements Contained in this Whtten Instrument - It is agreed by the parties hereto that this instrument contains in writing all of the agreements between the parties hereto and that nothing (except those things required by law) not incorporated herein or by reference shall be binding on the parties. 1N WITNESS WHEREOF, the parties hereto cause this Amendment No_ 1 to be executed in several counterparts, each copy of which so executed shall be considered as an original, by their respective duly authorized representatives, tkis Amendment No. 1 to be effective as to each entity as of the date each entity, as set forth below, shall execute th~s Amendment No. I to the Deed and Contract between the City of Three Rivers, Texas, and the City of Corpus Christi, Texas. Page 3 of 7 Executed by the Cits' of Corpus ChristL Texas, on this the __ day of 200 CITY OF CORPUS CHRISTI, TEXAS By: City Manager Ar[TEST: City Secrelary of Corpus Christi APPROV,~D AS TO LEGAL FORM THIS THE /--~"' DAY OF /~ff~-,/ 200~'. Executed by the City of Three Rivers, Texas, on this the ,~t9 ~ day of December 2004. CITY OF THREE RIVERS, TEXAS ATFEST: Mayor City Secretary of Three Rivers Page 4 of 7 APPROVE[J/AS TO LEGAl. FORM TillS TIlE ra2~g~ AY OF DECEMBER, 2004. The Nueces River Authority, being a pan oxvner of the Choke Canyon Reservoir, hereby consents and approves the above Amendment No 1 to the Deed and Contract between the City of Three Rivers, Texas, and the City of Corpus Christi, Texas. Executed by the Nueces River Authority, on this the c~ la[day of December, 2004. ATTEST: NUECES RIVER AUTHORITY Executive Director Secretary-Treasurer The Three Rivers Water District hereby consents and approves the above Amendment No 1 to the Deed and Contract between the City of Three Rivers, Texas, and the City of Corpus Christi, Texas. Executed by the Three Rivers Water District, on this the _/~ day of December, 2004 Three Rivers Water District Page 5 of 7 By: President ACKNOWLEDGEMENTS TIlE STATE OF TEXAS {3 COUNTY OF NUECES § This instrument was acknowledged before me on tkis the__ day of 2004, by George K. Noe, City Manager for the City of Corpus Christi, Texas, in the capacity therein stated, on behalf of the City of Corpus Christi, Texas. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF LIVE OAK § This instrument was acknowledged before me on this the,,~O ~day of/~ 2004, by Felipe Martinez, Mayor of the City of Three Rivers, Texas, in the capacity therein stated, on behalf of the City of Three Rivers, Texas. Notary Public, State of Texas Page 6 of 7 THE STATE OF TEXAS COUNTY OF UVALDE § This instrument was acknowledged before me on this the ~,3 dday of ~-9'~-~ ~ 2004, by Con Mires, Executive Director for the Nueces River Authority, in the capacity therein stated, on behalf of the Nueces River Authority. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF LIVE OAK § This instrument was acknowledged before me on this the/*72~day of Z~.f/'#I~( ~ 2004, by M. R. Forehand, President of the Three Rivers Water District, in the capacity thereto stated, on behalf of the Three Pavers Water District. Notary Public, State of Texas Page 7 of 7 16 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: 4/26/05) Case No.: 0305-04-Sizemore Real Estate, LLC: A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District, resulting in a land use change from a general business use to a light industrial use located north of 1I-I37 Fontage Road, south of McKenzie Lane and east of Twin River Boulevard. Planning Commission's Recommendation (3/23/05): Denial of the "I-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan (layout C) and nine (9) conditions. Staff's Recommendation (3/23/05): Denial of the "I-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan (layout E) and nine (9) conditions. Requested Council Action: Approval of Special Permit and adoption of the attached ordinance. Purpose of Request: Development of an office warehouse complex. Summary: The applicant is requesting a change of zoning from "B-4" General Business District to "1-2" Light Industrial District for the purpose of developing an office warehouse complex with outdoor storage on 15.86 acres. Ten (10) 5,000 square foot office warehouse structures are planned on the subject property. Each structure will consist of 1,500 square feet of office area and 3,500 square feet of warehouse area with an eave height up to 24 feet. · Access is provided along IH 37 frontage road, an expressway and Twin River Boulevard and McKenzie Lane, collector streets. The surrounding area is predominantly undeveloped with the exception of residential development further northwest and industrial uses such as the Allison Wastewater Treatment Plant and petroleum uses to the northwest near the Nueces River. An unrestricted industrial district permits as a matter of right on a range ofnoncompatible and objectionable uses on the subject property that would not be appropriate due to the property's proximity to IH 37, a primary entrance corridor to the City. Some allowance for outside storage could be accommodated through a Special Permit. The Special Permit would limit the outside storage and ensure screening from adjacent public rights-of-way. Agenda Memorandum Case No. 0305-04 (Sizemore Real Eat,ate, LLC) Page 2 The applicant has submitted multiple site plans for the subject property. After reviewing the applicant's preferred site plans, staffwas not entirely supportive of the plans. Staff recommends a s~te plan modification to improve circulation for trucks with a large wheel base within the subdivision. The applicant prefers a layout with multi cul-de-sacs that may not accommodate large wheel base vehicles when attempting u-turn movements. Al~plicant's Position: The applicant concurs with Planning Coramission and Staff's recommendation. Notification: Of the 12 notices mailed to the surrounding property owners, 1 was returned in favor and 0 in opposition. The 20% rule is not invoked. This case is considered controversial. Michael N. Gunning, AICP Assistant Director of Development Services MG/FGMJgp Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~P l N-DIRXS HA RJ/D\GaiI\WO RDXAGEN DMEM~ 0~)5hM ~ch~03054)4AG ENDAM EMO.d oc ZONI'NG REPORT Case No.: 0305-04 Planning Commission Hearing Date: March 23, 2005 Applicant: Sizemore Real Estate LLC Owner: DHS Enterprises Agent: Wayne Lundquist Legal Description/Location: Square Unit l, Block 1, Lots I through 4, located River north of IH37 Fontage Road, south of McKenzie Lane and east of Twin River Boulevard. From: "B-4" General Business Disa'ict To: "1-2" Light Indush'ial Dis~ict Area: 21.93 acres Purpose of Request: Development of an office warehouse complex. Zoning Existing Land Use Site "B-4" General Business Undeveloped lots District North Out of City Limits (OCL) Undeveloped lots South "R-lB" One-family Dwelling Undeveloped land Dislrict East Out of City Limits (OCL) Undeveloped land Wext "B-4" General Business Office and laboratory District and "B4"/SP General Business District with a Special Permit Future Land Use General Business General Business General Business Neighborhood Business and General Business General Business Area Development Plan: Northwest - The requested "I-2" District is not consistent with the future land use map. The plan recommends commercial development. Map No.: 06050 Zoning Violations: None Zoning Reporl C~e No 0305-04 (Sizemore Real Estate, LLC) Page 2 ~he applicant is requesting a change of zoning from "B4" General Business Disthct to "I-2" Light Industrial District for the purpose of developing an office warehouse complex with outdoor storage on 15.86 acres. Ten (10) 5,00~ square foot office warehouse structures are planned on the subject property. Each structure will consist of 1,500 square feet of office area and 3,500 square feet of warehouse area with an cave height up to 24 feet. Access is provided along IH 37 frontage road, an expressway and Twin River Boulevard and McKenzie Lane, collector streets. The surrounding area is predominantly undeveloped with the exception of residential development further northwest and industrial uses such as the Allison Wastewater Treatment Plant and petroleum uses to the northwest near the Nueces River. An unrestricted industrial district permits as a matter of right on a range of noncompatible and objectionable uses on the subject property that would not be appropriate due to the property's proximity to IH 37, a pr/mary entrance corridor to the City. Some allowance for outside storage could be accommodated through a Special perrmt. The Special Pctu~t would limit the outside storage and ensure screening from adjacent public rights-of-way. The applicant has submitted multiple site plans for the subject property. After reviewing the applicant's preferred site plans, staffwas not entirely supportive of the plans. Staff recommends a site plan modification to improve circulation for tracks with a large wheel b~e within the subdivision. The applicant prefers a layout with multi cul-de-sacs that may not accommodate large wheel base vehicles when attempting u-turn movements. Street Type McKenzie Lane Rural arterial Twin River Boulevard Collector IH 37 (frontage road) Expressway/frontage road Paved Section Volume (2001) 60' R OW. w/20' bk to bk 300 a d.t. paved section 2 lanes 78' R.O.W. w/61' bk to bk Not available paved section 2 lanes 400' R.O.W. w/variable 61,170 a.d.t paved section The subject property is platted. A Special Pet mit was granted for the subject property in 2001 for warehousing and outdoor storage. Development of the property for the approved use did not occur and the Special Permit has since expired. The proposed Special Permit is similar to the one approved in 2001 with the exception of a site plan and structure square footage being added. H:\PLN D IR ~ HA RE DSCrail\WO RD~ZON RPTS'~2005\M arc h\0305 KI4 Reporl doc Zoning Report Case No. 0305-04 (Sizemore Real Estate, LLC) Page 3 Denial of the "I-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan and nine (9) conditions. USES: The only uses authorized by tiffs Special Permit other than those uses permitted by right in the "B4" General Business District are office warehouse uses, with a office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum cave height of 24 feet. ARCItlTECTUAL STANDARDS: Office/warehouse buildings constructed on each lot shall have a masonry facade. SETBACKS: Buildings constructed on each lot shall be uniform as to front yard setbacks. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be setback a minimum of 20 feet from any public right-of-way. LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure on each lot. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage fi.om view Rom surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall include 5-gallon oleanders every five feet on center between the outside storage screening fence and the public rights-of- way. All landscaping must be kept in a healthy and growing condition at all times. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. Zoning Report Case No. 0305-04 (Sizemore Real Estate, LLC) Page 4 Denial of the "I-2" Light Indus~al District and in lieu thereof, approval of a Special perrmt subject to a site plan and nine (9) conditions. Number of Notices Mailed Favor 1 Opposition 0 (As of March 17, 2005) 12 Attachments: Zoning Map Staff Recommended Site Plan Modification ApplicanffRepresentative Recommended Site Plans (A, B, C, or D) H:~PLN DIR~SHAILED\GaiI\WORDLZONRP f'SL2005Wlarch~0305414Report doc OCL ~NE SUBJECT, PARCEL / / / OCL R-lB R-lB I OCL NORTH LOT ! ~- ~ 23 22 19 18 17 154.24' 111,.54,' IlIJ4' 1''~''~ a~' 1~' I~)' 140..~ 110' II0' 8 110' 110' 110' 12~ 1~' INIb.~STA~ HIGHWAY NO. 37 LAYOUT 'C' 24. LO'IS 120'xlg6+ RIVE~ SQUARE INDUSTRtN_ SITE~ ~ ~ 17, ii ([II-IIIIAI ~4~mN~u, UN~ I Planning Commission Minutes March 23, 2005 b. Case No. 0305-04: SIzemore Real Estate, LLC: "B-4" General Business District to an "1-2" Light Industrial District, resulting in a land use change from a general business use to a light industrial use. River Square Unit l, Block 1, LoB 1 through 4, located north of II-137 Frontage Road, south of McKertzie Lane and east of Twin River Boulevard. Excerpts from Zoning Report Legal DescriptionJLocation' River Square Unit i, Lots I through 4, located north of IH 37 Frontage Road, South of McKenzie Lane and east of Twin River Boulevard Purpose of Reques't: Developmenl of an office warehouse complex. Area Development Plan: Northwest-The requested "1-2" District ia' not consistent with the future land use map. The plan recommends commercial development. Department Comments: A Special Permit was granted for the subject property tn 2001for warehousing and outdoor storage. Development of the property for the approved use did not occur and the Special Permit hus since expired The proposed Special permit is similar to the one approved in 2001 with the exception of a site plan and structure square footage being added. Staff Recommendation: Denial of the "I-2" Light Industrial District and in heu thereof, approval ora Special Permit subject to a site plan and five (5) conditions. USES: the only uses authorized by this Special Permit other than those uses'permitted by right in the "B-4" General Business District are office warehouse uses, with an office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum eave height of 24 feet. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the primary use located on the same premixe and ix limited to no more than 30percent of the premtse. All outside storage must be setback a minimum of 2O feet from any public right-of-way. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public right-of-way and properties. The outside storage shall not extend above the hetght of the screening fence, except that this limitation does' not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. LANSCAPING: In addition to compliance with Article 27B, Landscape regulations, the subject property shall include 5-gallon oleanders every five feet on center between the outside storage screening fence and the public rights-of-way. All landscaping must be kept in a healthy and growing condition at all times. TIME LIMIT: THIS Special Permit shall be deemed to have expired within two (2) years from the date of thix ordinance unless the property is being used as outlmed in condition #1 and in compliance with all other conditions and City rules and regulations. Request: Change of zoning from "B4" General Business Dislrict to "I-2" Light lnduslrial Dislrict resulting in a development of an office warehouse space. Planning Commission Minutes March 23, 2005 Mrs. Carnllo-Arispe prov/ded graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 12 notices mailed. One was received in favor and none in opposition. Mrs. Carrillo-Afispe stated the that existing land use map shows the subject parcel surrounded by multi-family residential, general business and some of the outer city limits along the industrial corridor. The applicant proposes to build between 8 to 10 separate offices encompassing a space of 5,000 square feet. Each structure will consist of 1,500 square feet of office space and 3,500 square feet of warehouse area with eaves not to exceed height of 24 feet but varYing between 18 and 24 feet. Staffrecommends a denial of the "I-2" but approval of a Special Permit subject to five (5) conditions for use, outside storage usage, screening, landscaping, and a t~me limit to the Permit. Specifically, the special permit would allow uses by right in the "B4" wtth the exception of the warehouse office use, applicant is requesting outside storage to be pcmfitted as an accessory use but limited to 30% of the premise size. All outside storage must have a setback of a minimum of 20 feet from any public right-of-way with a solid wooden fence screening and landscaping In addition to that screening, this would prov/de screening from the multi family and other property around the surrounding area. Time limit with a Special Permit to expire within two years of the date of the ordinance is recommended unless the property is being used as allowed in the conditions Comrmssioner Pusley stated that staffsubmitted site plans with 17 to 25 lots. Staffand applicant stated they have not agreed on one particular site plan. In response to Commissioner Pusley's questions, Mrs. Carrillo-Afispe indicated that the issue with this particular piece of properly would be the outside storage. Limiting the use to specific height requirements, setback requirements, and specific uses that are consistent with "B4" and not "I-2" such as flammables would be allowed in other districts. Comrmssioner Pusley stated that this is an area that was part of the city's corridor entrance study that was done a few years ago which basically stated that the City was going to Wy and not bring industrial development into this area because it is the entrance to our City. This is not an area where we want to see commercial development being done. This is immediately across the street from a new elementary school and TMISD has passed two resolutions against this type of development. One of them was done last year on this same piece of property. This is something Staff should not have brought before US. The public hearing was opened. Wayne Lunquist, 6700 Everhart, stated that he requested a similar permit three years ago and is agreeable with all the conditions that is included with a special permit except the 30% requirement. The developem are willing to screen an outdoor storage with a wooden fence. They are requesting to approve the "I-2" permit. The developers are 90% agreeable with what staffis recommending. In response to Chairman Berlanga's question regarding types of storage, Mr. Lunquist indicated that many different things can be stored in the warehouse with no item exceeding the 6 foot height requirement. Planning Commission Minutes Mamh 23, 2005 Chairman Berlanga indicated that the TMISD is m opposition of the permit. TMISD was assured that the General Business District would not have a negative impact on the area. Jeff Sizemore, 11810 Warfield, San Antonio, Texas, anticipates service type contractors needing outside storage use. No dangerous chemicals will be stored. There will be no residenhal property built to the north due to the fact that the property is owned by the City. There will be access from the front of the building through McKenzie Road and Interstate Highway 37 from the back. Commissioner Pusley indicated that there is a new elementary school diagonally across this new proposed site. TMISD forgave back taxes that were owed to the school district to allow the developer to come in and develop this piece of property with the understanding that it would not be a dea'imental development or a de~iment to the school district, or the surrounding neighborhoods as it is one of the most upscale subdivisions in Northwest Corpus Christi other than Wood River. Under the screening guidelines, the screening height is limited and does not include machinery or equipment. This Commission has no control as to who this property can be sold to or future development (what is built there). Mr. Gunning indicated that the "B-4" does not allow warehousing. It allows mini-storage usage and minimum warehousing associated with the retail of a furmture company or other types of establishments. Commissioner Stone stated that if this property is not allowed a Special Permit, the property will just sit there. Office warehouse seems like the best use. Wayne Lunquist indicated that the developers are willing to have uniform setbacks, no storage in front, and it will not be an industrial warehouse. There will not be any metal fronts. Masonry fronts will be on all fronts of the buildings. It will be a nice office warehouse with outside storage, and we are asking for outside storage. hq response to Chairman Berlanga's questions, Mr. Lunquist stated that there were some conditions that the applicant was not accep~blc with He would like no more than 30% of the premises for outdoor storage As an example, 5,000 square foot building is built with only 1500 square foot of outdoor storage on a one acre a'act. Mr. Gunning indicated that the 30% would apply to each lot, which could be sold indiv/dually. The intent is to develop the market for office warehouse over time, not all at once. The 30% would apply to the property as a whole. In response to Mr. Gunning, Mr. Lunquist indicated that they have no problem with any of the five conditions Mr. Sizemore indicated that he does not plan to sell to anyone. He would like to build and lease them to tenants. Ms. Sizemore states that he did not understand the two year limitation. The developers are willing to add some of the res~nctions spoken of. No storage in the front yard, uniform setbacks, and no metal fronts on buildings (masonry or stucco). Planning Commission Minutes March 23, 2005 4. Storage screened with taller landscaping such as oak trees every 50 feet (not patms) Mr. S~zemore indicated that he would like to commit to Site Plan C. The public hearing was closed. A motion was made by Pusley and seconded by Garza to deny the "I-2" Light Indus~ial DisWict and in lieu thereof, approval of a Special pen'mt subject to site plan C or as deterrmned in the platting process and five (5) conditions The motion passed unanimously with Zamora being absent. LOT 1 ~. INTERSTATE HIGHWAY NO. .37 LAYOUT 'A' ~7 I.~ RIVER SQUARE INDUSTRIAL SffES I URBAN E;NO~NE~tlNO I · ' 16 J I 120' 1~)-71' iNTERSTATE HIGHWAY NO. 37 LAYOUT "B" 25 LOTS 100'x2.20' RIVER SQUARE INDUb I RIAL SrTL-~ Eum4mAN9 20 12 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SlZEMORE REAL ESTATE, LLC; BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER SQUARE UNIT 1, BLOCK 1, LOT 1 THROUGH 4, (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR WAREHOUSE/OFFICE USES SUBJECT TO SITE PLAN (LAYOUT C) AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City CounciJ its reports and recommendations concerning the application of Sizemore Real Estate, LLC. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2005, dudng a meeting of the Planning Commission, and on Tuesday, April 26, 2005, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WI-IEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for warehouse/office uses, on River Square Unit 1, Block 1, Lots 1 through 4, (currently zoned "B-4" General Business District), located north of IH 37 frontage road, south of McKenzie Lane and east of Twin River Boulevard, as shown in the attached Exhibit of"Layout C". (060050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A - Layout C and the following nine (9) conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "B-Zl" General Business District are warehouse/office uses, with a warehouse area up to 3,500 square feet and office area up to 1,500 square feet with a maximum eave height of 24 feet. ARCHITECTUAL STANDARDS: warehouse/office buildings constructed on each lot shall have a masonry fac,.ade. H:~.EGq3tRUoseph~Zoning~5~305~34 ORDSPa P,A doc Page 2 of 4 SETBACKS: Buildings constructed on each lot shall be uniform as to front yard setbacks. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the pnmary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be setback a minimum of 20 feet from any public right-of-way. LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure on each lot. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall include 5~jallon oleanders every five feet on center between the outside storage screening fence and the public rights-of- way. All landscaping must be kept in a healthy and growing condition at all times. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEO-DIR~Joseph~_onlng~5\0305-04 ORDSPaltA doc Page 3 of 4 SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 26~hday of April, 2005. ATI'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /~ Joseph H~mey Assistant City Attorney' For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Christi H:~LE G-D)R~oseph~ZonJng-05~0305434 ORDSPalt~ doc Page 4 0[4 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, The 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:~_EG-DIR~loseph~.oning~)5~O305~4ORDSPaltA doc 21 19 20 ~. lB 17 154.14' 111.54' 111,54' 1~..~ '1~3' I~' 1,40.20' t1~ 1~0' 12D' 110' 120' 1~)' IJ~TIr..K~IATE HIGHWAY NO, .,.T"/ LAYOUT 24 LU I:::) 120'X 196'1' ~ ,SQUARE 17 CITY COUNCIL AGENDA MEMORANDUM Date: April 26, 2005 AGENDA ITEM: Resolution adopting the FY2005 Consolidated Annual Action Plan which includes the Community Development Block Grant, Emergency Shelter Grant and the Home Investments Partnership Programs; authorizing the City Manager or his designee to submit the FY2005 Consolidated Annual Action Plan to the U.S. Deparlment of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the FY2005 Consolidated Annual Action Plan if required by the U,S. Depa, b.ent of Housing and Urban Development. ISSUE: HUD regulations require adoption of the FY2005 Consolidated Annual Action Plan (CMP). PRIOR COUNCIL ACTION: On December 14, 2004, the City Council adopted the FY2005 CAAP timetable. On Apd119, 2005, the City Council held a public headng as part of the Citizen Participation Process for projects to be considered and funded through the FY2005 CAAP. REQUIRED COUNCIL ACTION: Final adoption and submission of the FY2005 CAAP. FUTURE COUNCIL ACTION: Acceptance of HUD funds for the FY2005 CAAP and subsequent appropriation of funds for the FY2005 CAAP Program. RECOMMENDATION: Staff recommends adopting the FY2005 CAAP for Community Planning and Development Programs; authorizing the City Manager or his designee to submit the FY2005 CAAP to the U.S. Deparl~ent of Housing and Urban Development; and authorizing the City Manager or his designee to make changes to the FY2005 CAAP if Irban required by the U.S. Department of Housing and,~ De/v.~lopment. Jonalhan Wagner, C,(hfffmun~ ADDrrlONAL SUPPORT MATERIAL Background Information Attachment D AGENDA MEMORANDUM BACKGROUND INFORMATION The FY2005 CAAP will descdbe the activities and projects to be assisted with funds received under the Community Development Block Grant (CDBG), Home Investments Partnership (HOME), Emergency Shelter Grant (ESG) and other HUD programs that help to meet housing and community development objectives. The City of Corpus Christi is required to receive comments on the proposed FY2005 CAAP for at least 30 days. Comments received will be included and submitted to HUD. The FY2005 CAAP identifies project/activities to be assisted, housing activities to be undertaken, and the programs and resources (Federal, Non-Federal public and private) in support of those activities. The City received notice in December 2004 that its allocation for the FY2005 CAAP program was $5,855,767. The allocation includes $3,882,133 for CDBG; $51,243 for the American Dream Downpayment Initiative and $1,772,241 for HOME; and, $150,150 for ESG programs. The FY2005 CAAP will be submitted to the U.S. Department of Housing and Urban Development (HUD) by June 16, 2005 for review and approval for the period August 1, 2005 through July 31, 2006. Attached is a listing of FY2005 CAAP projects/activities tentatively adopted at the public hearing on Apdl 19, 2005 for the CDBG, HOME and ESG Programs for your consideration and approval. A RESOLUTION ADOPTING THE FY2005 CONSOLIDATED ANNUAL ACTION PLAN, WHICH INCLUDES THE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, AND HOME INVESTMENTS PARTNERSHIP PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE CAAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORJZlNG THE CITY MANAGER OR HIS DESIGNEE TO MAKE CHANGES IN THE CAAP IF REQUIRED BY HUD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The FY2005 City of Corpus Chdsti Consolidated Annual Action Plan ("CA,AP"), which includes the Community Development Block Grant, Emergency Shelter Grant, and the HOME Investments Partnership programs, is hereby adopted. SECTION 2. The City Manager or his designee is authorized to submit the CAAP to the U.S. Department of Housing and Urban Development ("HUD"). SECTION 3. The City Manager or his designee is authorized to make changes to the CAAP if required by HUD. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM: Apd118, 2005 beth...und.ey. Assistant City Attomey ~0 ~3cC-- for the C~ Affomey Corpus Chdsti, Texas day of ,2005 The above resolution was passed by the following vote: Henry Garrett Bren[ Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG~DIR~izabelh/Depl. F]Ies/EH ResolutJons~Hres155~doc 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 26, 2005 AGENDAITEM: A. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and Nueee~ County Community Action Agency ("NCCAA") to allow the Corporation to grant $175,000 to the NCCAA and the City for an Inllll Housing Project as part of an AITordable Housing Program; and authorizing the City Manager to execute the Program Agreement on behalf of the city. B. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), and the City of Corpus Christi ("City"), to allow the Corporation to grant $130,000 of Affordable Housing Funds to the City for new construction Homebuyer Assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City. C. Resolution authorizing the execution of an Affordable Housing Program Agreement between the Corpus ChristlBusthess and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and Randy Farrar DBA Miramar Homes to allow the Corporation to provide $100,000 of Affordable Housing Funds for Buy-Down Mortgage Loan Program, and authorizing the City Manager to execute the Program Agreement on behalf of the City. D. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and Nuece~ County Community Action Agency ("NCCAA') to allow the Corporation to grant $210,000 to the NCCAA for an Affordable Housing Program for down payment and closing cost assistance, and authorizing the City Manager to execute the Affordable Housing Program Agreement on behalf of the City. E. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), and the City of Corpus Christi ("City") to allow the Corporation to grant $107,000 of Affordable Housing funds to the City for down payment assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City. ISSUE: The Corpus Christi Business and Job Development Corporation requested the City to solicit Request for Proposals (RFP) for Affordable Housing in the fall of 2004. The objective was to receive proposals that provided for individually owned Affordable Single Family Housing_ In October 2004, the City requested companies/organizations to submit proposals in the following categories: A) B) C) D) E) New Construction Land Acquisition Homebuyer Assistance Infrastructure Development Other The proposals were due by Friday, December 3, 2004, but was extended until February 4, 2005. The City received eight (8) responses from five (5) companies/organizations for Affordable Housing. The City reviewed the proposals and provided an overview and recommendations of the proposals to the Business and Job Development Corporation. On Monday, April 4, 2005, the Business and Job Development Corporation approved the following projects: Applicant Category Amount · Nueces County Other $175,000 Community Action Agency (infill Lot Program) · City of Corpus Christi Home Buyer Assistance - $130,000 (New Construction) · Miramar Homes II Home Buyer Assistance - $100,000 (Loan/New Couslruction) · Nueces County Community Action Agency Home Buyer Assistance (New Construction) $210,000 · City of Corpus Christi Home Buyer Assistance - $107,000 (Down Payment/Closing Cost Assistance) REQUIRED COUNCIL ACTION: City Council approval is necessary to execute Affordable Housing Agreements. PREVIOUS COUNCIL ACTION: None. FUNDING: 1/8 cent sales tax. CONCLUSION AND RECOMMENDATION: Staff recommend~ Mayor and Council approval of the Affordable Housing Projects as recommended by the Corpus Christi Business and Development Corporation. Margie ~C.~ose Assistant City Manager Attachment: Background Information BACKGROUND INFORMATION On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; In the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use ora portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; The 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors. LL CD -0 0 0 0 n3 0 tn _C) {13 ~ o o ,o 0 0 0 ~ 0 0 ~ 0 X !.!.1 RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BE'FWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION"), THE cl'rY' OF CORPUS CHRISTI ("CITY"), AND NUECES COUNTY COMMUNITY ACTION AGENCY ("NCCAA") TO ALLOW THE CORPORATION TO GRANT $175,000 TO THE NCCAA AND THE CITY FOR AN INFILL HOUSING PROJECT AS PART OF AN AFFORDABLE HOUSING PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective Apdl 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979; WHEREAS, NCCAA submitted a proposal to the Board to request $175,000 for an inflll housing project as part of an affordable housing program;; and WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Chdsti that NCCAA be awarded affordable housing funds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Affordable Houslr~j NCCAA-in§II DOC SECTION 1. That the City Council authorizes the execution of an affordable housing program agreement ("Program Agreement") between the Corporation, NCCAA, and the City to allow the Corporation to grant $175,000 to the NCCAA and the City for an inflll housing project as part of an affordable housing program. A copy of the Program Agreement in substantial form is attached as Exhibit A. The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager is authorized to execute the Program Agreement referenced above on behalf of the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: -~o day of By: Lisa Aguilar~2~ Assistant City Attomey for City Attomey Henry Garrett Mayor ,2005. Affordable Housh'lg NCCAA-InfllI.DOC AFFORDAIBLE HOUSING PROGRAM AGREEMENT FOR A PILOT INFILL HOUSING PROJECT This Affordable Housing Program Agreement for a Pilot Infill Housing Project ("Program Agreement") is entered into between the Corpus Chdsti Business and Job Development Corporation ("Corporation"), the C~ of Corpus Christi ("City"), and the Nueces County Community Action Agency ("NCCAA"), a non-profit corporation organized under the statutes of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local com- munities with the ability to adopt an optional local sales and use tax as a means of im- proving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded busi- ness enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax ap- proved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allo- cated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effec- tive April 1, 2003, to be administered by the Corporation's Board of Directors (~Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects; WHEREAS, the City submitted a proposal to the Board to request funding to pur- chase real property, located in developed neighborhoods within the territorial limits of the City of Corpus Christi, in order to construct infill housing, a project that is suitable for the promotion and development of affordable housing within the City; WHEREAS, the City desires to partner with the NCCAA in order to carry out this project; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; Affordable Housing- NCC,~A Pilol Inftll Pro~ Agmt doc.doc Page 1 of 11 WHEREAS, the City Council approved the Corporation's affordable housing pro- gram and selection of the City and NCCAA as a recipient of affordable housing funds on ,2005; and WHEREAS, the Board has determined that it is in the best interests of the resi- dents of the City of Corpus Chdsti that the City and NCCAA be awarded affordable housing funds, by execution of this Program Agreement, to promote and develop the affordable housing project stated in the City's "lnfill Neighborhood Revitalization Pro- ject," a pilot in-fill housing project ("Project"), which was submitted in response to the Board's request. In consideration of the covenants, promises, and conditions stated in this Program Agreement, the Corporation, the City, and the NCCAA agree as follows: 1. Program Agreement to Implement Affordable Housing Project. This Program Agreement between the Corporation, the City, and the NCCAA is executed to imple- ment the promotion and development of an affordable housing project proposed by the City and NCCAA in the City's response to the Board's request for proposals ("Project Response"). The Project Response submitted by the City, entitled 'lnfill Neighborhood Revitalization Project" ("Project") is attached to this Program Agreement as Exhibit A and is incorporated in this Program Agreement by reference. 2. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Program Agreement. 3. Term. The term of this Program Agreement extends eighteen (18) months from the date the last party executes this document. 4. Services to be Provided by City. a. The City, through the City's City Manager or his designee ("City Managed'), shall administer funding and perform contract administration responsibilities, as outlined in this Program Agreement, for the Corporation. b. The City, in partnership with the NCCAA, shall implement and accomplish the objectives of the Project as stated in the Project Response. 5. Services to be Provided by NCCAA. a. The NCCAA shall acquire, in the NCCAA's name only, parcels of real property within developed neighborhoods ("lots"), as outlined in the Project Response. In no event may the funds provided under this Program Agreement be utilized to purchase any other parcels of real property without the NCCAA obtaining the prior written approval of the City and the Corporation. b. The NCCAA covenants to purchase not more than ten (10) lots for the develop- ment of up to ten (10) single-family residential dwellings as affordable housing, Affordable Housing- NCCAA Pilot In~ll Proj Agra[ doc. doc Page 2 of 11 as the term is defined in Ti'de 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corpo-ration Act of 1979. Pdor to the purchase of each lot, the NCCAA must coordinate with the Director of the City's Neighborhood Services Depafb.ent or the Director's designee ("Director") to review the anticipated purchase transaction as it pertains to loca- tion and amount. The cost of the lots purchased for the Project may not exceed $80,000 inclusive of all closing costs. d= The title to each lot purchased by the NCCAA under this Program Agreement must be conveyed, to the NCCAA as purchaser, by a general warranty deed and must include title insurance. The NCCAA shall provide homeownership counseling to all qualified home- buyers of lots purchased for development pursuant to this Program Agreement, such homeownership counseling having an agreed value of $1,500 per lot. The NCCAA shall utilize its outreach and marketing resources to secure home- builders capable of constructing affordable housing on each purchased lot. The NCCAA shall competitively bid the housing construction costs for each lot to be developed under this Program Agreement. The cost of each home constructed on a purchased lot may not exceed $50,000 exclusive of lot acquisition costs. g= The NCCAA shall recruit potential homebuyers for ownership of each pur- chased lot to be developed as affordable housing pursuant to this Program Agreement. The NCCAA shall ensure that each potential homebuyer's family qualifies as a Iow-to-moderate income family in accordance with federal and State laws, rules, and regulations. Qualified homebuyers will be provided with up to $9,500 in down payment and closing cost assistance per developed lot. 6. Payment of Funds. The Corporation authorizes the City to pay, from allocated sales tax revenues, up to $175,000 to fund the purchase of 10 lots and provide down payment and closing cost assistance to qualified homebuyers pursuant to this Program Agreement. Any payments by the Corporation under the provisions of this Program Agree- ment are subject to the receipt of sales taxes, by the City, from the Office of the Comptroller of the State of Texas and payment of the sales taxes to the Corpo- ration by the City. Payments for the purchase of the lots will be made by the City directly to the title company involved in the closing transaction. Payments for the provision of down payments and closing costs will be made directly by the City to the title company or mortgage company involved in the purchase of the constructed residence. Supporting documentation, such as closing and settlement forms, Alfordabte Housing- NCCAA Pilot In~ll Proi Agrnt doc.doc Page 3 of 11 must be provided to the Cib/by the NCCAA pdor to processing a request for payment. The NCCAA shall secure for the Corporation the recapture of lot acquisition costs, down payments, and closing costs by having each homebuyer execute a 20-year deferred, forgiveable note secured by a deed of trust that represents a second mortgage lien on the property, provided however, that for each month the property is occupied as the original homebuyer's principal residence, a fractional amount, stated as a numerator of 1 and a denominator of 240, of the total funding expended on the lot and home purchase under this Program Agreement will be waived and forgiven. 7. Documentation and Reports. a= The City and NCCAA shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Program Agreement for a period of three years following the expiration of this Program Agreement or for such longer period as may be required by federal or State law. Additionally, the NCCAA shall keep records that document the provision and extent of home- buyer counseling that was provided to each qualified homebuyer. Each coun- seling record must be signed by the homebuyers and the NCCAA upon the completion of counseling. The NCCAA shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Program Agreement, during regular business hours, for the purpose of inspection and copying by the City Manager. Furthermore, the NCCAA shall provide to the City Manager any information per- tinent to this Program Agreement, as may be requested during the term of this Program Agreement. The NCCAA shall submit a performance report ("Report") to the City and the Corporation at least once each quarter and a final Report within 30 days of the expiration of this Program Agreement The Report must contain all relevant details pertaining to the lot and home purchases and include any supporting documentation required to substantiate the written narrative contained in the Report. 8. Amendments or Modifications. No amendments or modifications to this Program Agreement may be made, nor any provision waived, unless the amendment or modifica- tion is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 9. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Program Agreement or the application of this Program Agree- ment to any person or circumstance is, to any extent, held illegal, invalid, or un- enforceable under present or future law or by a final judgment of a court of corn- A~fordab[e Housing- NCCAA Pllo[ I~[[ Proj Agmt doc.doc Page 4 of 11 petent jurisdiction, then the remainder of this Program Agreement, or the appli- cation of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Program Agree- ment that every section, paragraph, subdivision, clause, provision, phrase, and word of this Program Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforce- able under present or future law effective during the term of this Program Agree- ment, then the remainder of this Program Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 10. Compliance with Laws. The NCCAA shall comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances which may be rele- vant to the NCCAA's performance under this Program Agreement. 11. Jurisdiction and Venue. a. This Program Agreement will be governed by and construed in accordance with the laws of the State of Texas b. All actions brought to enforce compliance with this Program Agreement must be brought in Nueces County, Texas, where this Program Agreement was entered into and must be performed. 12. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Program Agreement. By the NCCAA's execution of this Program Agreement, the NCCAA agrees to be bound by the terms, covenants, and conditions contained in this Program Agreement. Any am- biguities in this Program Agreement may not be construed against the drafter. 13. Indemnity. The NCCAA must fully indemnify and hold harmless the City of Corpus Christi, the Corpus Christi Business and Job Development Corporation, and their officers, employees, and agents (hereinafter, collectively "lndemnitees") from and against any and all liability, damage, loss, claims, demands, expenses, suits, and causes of action of any nature whatsoever on account of injury or damage to person (including, without limitation on the foregoing, premises de- fects, workers' compensation, and death claims) or property loss or damage of any kind whatsoever which arise out of or are in any man- ner connected with, or are claimed to arise out of or be in any way connected with, either proximately or remotely, wholly or in part, any Affordable Housing- NCCAA Pilot Inflll Proj Agmt doc.doc Page 5 of 11 activities by the NCCAA, its officers, employees, agents, members, invltees, or independent contractors with respect to this Program Agreement or the Project that is the subject of this Program Agree- ment, regardless of whether such injuries, death, or damages are caused, or are claimed to be caused, by the contributory negligence of any of the Indemnitees, but not if caused by the sole negligence of the Indemnitees unmixed with the fault of any other person or entity. The NCCAA covenants and agrees that if lndemnitees, or any of them, are made a party to any litigation against the NCCAA or in any litiga- tion commenced by any party other than the NCCAA relating to this Program Agreement or Project, the NCCAA shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settle- ment or other disposition, defend Indemnitees in all actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. 14. Warranties. NCCAA warrants and represents to Corporation the following: a. NCC,AA is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. NCCAA has the authority to enter into and perform, and will perform, the terms of this Program Agreement. c. NCCAA has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, dudng the term of this Program Agreement. d. NCCAA has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Program Agreement must be utilized solely for purposes authorized under State law and by the terms of this Program Agreement. e. If an audit determines that the funds were not used for authorized purposes, NCCAA agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement.. f. The parties executing this Program Agreement on behalf of NCCAA are duly authorized to execute this Program Agreement on behalf of NCCAA. AEordable Housing- NCCAA Pilo[ Inl~ll Proj Agmt doc.doc Page 6 of 11 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of NCCAA to timely, fully, and completely comply with any one or moro of the requirements, obligatJons, duties, terms, conditions, or warranties of this Program Agreement; b. The Corporation or City determines that any representation or warranty on behalf of NCCAA contained in this Program Agreement or in any financial statement, certificate, report, proposal, or opinion submitted to the Corporation in connection with this Program Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against NCCAA or any attachment or other levy against the property of NCCAA with respect to a claim remains unpaid, undischarged, or not dismissed for a peded of 30 days. d. NCCAA makes an assignment for the benef'it of creditors. e. NCCAA files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes on property owed by NCCAA become delinquent, and NCCAA fails to timely and propedy follow the legal procedures for protest or contest. g. NCCAA changes the general character of its business as conducted on or following the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that NCCAA is in default according to the terms of this Agreement, the Corporation or City shall notify NCCAA in writing of the event of default and provide 60 days from the date of the notice ("Cure Pealed") for NCCAA to cure the event of default 17. Results of Uncured Default. After exhausting good faith attempts to address any default dudng the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of NCCAA, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. NCCAA shall immediately pay to Corporation, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of expiration of Cure Pedod until fully paid, all funds not used in accordance with this Program Agreement. b. NCCAA shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to NCCAA under this Program Agreement and this Program Agreement shall terminate. Ah'ordable Housing- NCCAA Pilot In§Il Proj Agml doc.doc Page 7 of 11 d. Neither the City nor the Corporation may be held liable for any consequential damages. s. The Corporation may pursue all remedies available under law. 18. No Waiver, a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Program Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Program Agreement. c. Any waiver or indulgence of NCCAA default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time NCCAA is in default in any of its conditions or covenants of this Program Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Program Agreement on account of the default. 19. Notices. a. Any required written notices shall be sent, certified mail, retum receipt requested, addressed as follows: If to NCCAA: Nueces County Community Action Agency Attn: Executive Director 4760 Old Brownsville Road Corpus Chdsti, Texas 78405 If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: Affordable Housing- NCCAA Pilot Inlill Proj Agmt doc doc Page 8 of 11 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi Business & Job Development Corporation 4a Board Affordable Housing Request for Proposals issued October 22, 2004 is incorporated into this Program Agreement. 21. Relationship of Parties. In performing this Agreement, the Corporation, NCCAA and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one anolher. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Nonassignment. The NCCAA may not assign, mortgage, pledge, or transfer this Program Agreement or any interest contained in this Program Agreement without the prior written consent of the other parties to this Program Agreement. 23. Non-discrimination. The NCCAA may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national origin in any manner prohibited by the laws of the United States or the State of Texas. The City Manager retains the right to take any action the United States or the State of Texas may direct to enforce this non-discrimination covenant. 24. Captions. The captions in this Program Agreement are for convenience only and are not a part of this Program Agreement. The captions do not in any way limit or am- plify the terms and provisions of this Program Agreement. 25. Entire Agreement. This Program Agreement and the referenced and incorpo- rated documents constitute the entire agreement between the Corporation, the City, and the NCCAA for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Pro- gram Agreement, unless contained in this Program Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Program Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the each party's required performance under this Program Agreement. Affordable Housing- NCCAA Pilot In~ll ProJ Agmt doc.doc Page 9 of 11 CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Title Pdnted name: Date: ACKNOWLEDGMENT STATE OFTEXAS § COUNTY OFNUECES § KNOW ALL BY THESE PRESENTS: This insl~Jment was acknowledged before me on ,2005, by as the (tiUe) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) Al-rEST: NOTARY PUBLIC, State ol~ Texas CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager Date: Date: APPROVED AS TO FORM: Assistant City Attorney [or the City Attorney NUECES COUNTY COMMUNITY ACTION AGENCY Signature Pdnted name: Date: Title Affomlable Housing- NCCAA Pilot Inflll Proj Agmt doc.doc Page 10 of 11 RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") AND THE CITY OF CORPUS CHRISTI ("CI'I'Y") TO ALLOW THE CORPORATION TO GRANT $130,000 OF AFFORDABLE HOUSING FUNDS TO THE CITY FOR NEW CONSTRUCTION HOMEBUYER ASSISTANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability I~o adopt an optional local sales and use tax as a means of impro,~ring the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WI-IEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's city C3uncil ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with tl'e requirement in the Texas Development Corporation Act of 1979; WHEREAS, the City of Corpus Chdsti submitted a proposal to the Board to request $130,000 in forgivable loan grant funds for down payment and closing cost assistance for purchases of new construction; and WHEREAS, the Board has determined that it is in the best interests of the residents of the Ct7 of Corpus Christi that City be awarded affordable housing funds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Housing City new constru(~lon homeb~yer assistance. DOC 2 SECTION 1. That the City Council authorizes the execution of an affordable housing program agreement ("Program Agreement") between the Corporation and the City to allow the Corporation to provide $130,000 to the City for a new construction homebuyer assistance program. A copy of the Program Agreement in substantial form is attached as Exhibit A. The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager is authorized to execute the Program Agreement referenced above on behalf of the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~) day of By: Lisa Aguilar~ Assistant City Attorney for City Attorney Henry Garrett Mayor ,2005. Affordable Housing C~/new conslmctlon homebuyer assistance. DOC AFFORDABLE HOUSING PROGRAM AGREEMENT Crl'Y OF CORPUS CHRISTI NEIN CONSTRUCTION HOMEBUYER ASSISTANCE PROGRAM This Affordable Housing Program Agreement ('Program Agreement') is entered into between the Corpus Chdsti Business and Job Development Corporation ('Corporation") and the City of Corpus ChrlstJ ('City") a Texas home rule municipality. WHEREAS, the Texas Legislature In Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and usa tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of corpus ChdstJ passed Proposition 2, New and Expanded Business Enterprises. which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of onc c~ghth of one percent to be Imposed for 15 years; WHEREAS, In the same election, the residents of the City passed Proposition 2B. Affordable Housing, which authorized the use of a portion of the sales and usa tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects; WHEREAS, the City through its Neighborhood Services Department manages several programs to assist eligible citizens in purchase of affordable housing; WHEREAS, the City submitted a proposal to the Board to request grant funds for a forgivable loan program, to be combined with the funds provided by the Corpus Chdstl community Development corporation's current New construction Homebuyer Assistance Program; WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Chdsti that the City be awarded affordable housing funds, by execution of this Program Agreement, to accomplish the affordable housing project described In this agreement and in the City's proposal In consideration of the covenants, premises, and conditions stated in this Program Agreement, the Corporation and the City agree as follows: 1. Program Agreement to Implement Affordable Housing Project. This Program Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project proposed by the City in response to the Board's request for proposals ("Project Response"). The Project Response submitted by the City titled "Project: New Construction Homebuyer Assistance Program" ("Project") is attached to this Program Agreement as Exhibit C and is incorporated in this Program Agreement by reference. 2. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Program Agreement_ 3. Term. The term of this Program Agreement extends twelve (12) months from the date the last party executes this document. 4. Services to be Provided by City. a. The City, through the City's Cibj Manager or his designee ("City Manager'), shall administer funding and perform contract administration responsibilities, as outlined in this Program Agreement, for the Corporation. b. Eligible homeowner (~Homeowner-) may apply to the City to receive a deferred forgivable loan of range of $7,500 to $10,000 of the funds provided under this Program Agreement for down payment and closing costs to pumhase new single-family owner- occupied home described in this section. Said home must meets ~ guidelines and cnteda outlined in the Corporation's Request for Proposals for Affordable Housing. Said home must also meet definition of 'affordable housing" found in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979. c. The funds provided under this agreement to Homeowner shall be combined with Corpus Chdsti Community Development Corporation's New Construction Homebuyer Assistance Program so that the Homeowner receives a total of $15,000 to $20,000 In the form of a 0% deferred forgivable loan. d. For each year that the Homeowner occupies the home as his or her pdmary residence, one thousand dollars of the loan shall be forgiven. The City shall require Homeowners who receive the funds provided under this Program Agreement to execute the Real Estate Note and Deed of Trust attached as Exhibits A and B to secure repayment of outstanding loan amount to Corporation in the event the home is sold or transferred and an outstanding loan amount is due. The City shall file the odginal executed documents In the official public records of Nueces County. After recording, the City must ensure that the odginal executed and filed documents are returned to the Corporation. The Director may authorize modifications to Exhibits A and B to accomplish purpose of this Program Agreement. e. Pdor to the distribution of funds provided under this Program Agreement, the Director of the City's Neighborhood Services Department or the Directofs designee ("Director") shall review the anticipated purchase transaction as it pertains to eligibility, location and amount. The Director shall confirm execution of the documents attached as Exhibits A and B pdor to release of funds. f. The City shall provide homeownershlp counseling to all qualified Homeowners of homes purchased with funds provided under this Program Agreement. g. The City shall recruit potential homebuyers for affordable housing ownership pursuant to this Program Agreement. The Director of shall ensure that each potential homebuyer's family qualifies as a Iow-to-moderata Income family in accordance with Federal, State and City housing laws, rules, and regulations. 5. Payment of Funds. The Corporation authorizes the City to grant, from allocated sales tax revenues, up to $130,000 for down payment and closing costs for eligible homebuyers pursuant to this Program Agreement. Eligible homebuyers may qualify for a forgivable loan of funds provided under this Program Agreement of maximum of $10,000. Any funds provided by the Corporation under the provisions of this Program Agreement are subject to the receipt of sales taxes, by the City, from the Office of the ComPtroller of the State of Texas and payment of the sales taxes to the Corporation by the City. Payment of the funds will be made by the City directly to the title company Involved in the closing transaction. Supporting documentation, such as closing and settlement forms, must be provided to the City Director prior to processing a request for loan. 6. Documentation and Reports. The City shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Program Agreement for a pedod of three years following the expiration of this Program Agreement or for such longer pedod as may be required by federal or State law. Additionally, the City shall keep records that document the provision and extent of home- buyer counseling that was provided to each qualified homabuyer. Each counseling record must be signed by the homebuyers and the City upon the completion of counseling. The City shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Program Agreement, dudng regular business hours, for the purpose of inspection and copying by the Corporation's designee. Director shall submit a performance report ("Report") to the Corporation at least once each quarter and a final Report within 30 days of the expiration of this Program Agreement. The Report must contain all relevant details pertaining to home pumhases and include any supporting documentation required to substantiate the written narrative contained in the Report. 7. Amendments or Modifications. No amendments or modifications to this Program Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parlJes. 8. Severablllty. If for any mason, any section, paragraph, subdivision, clause, provision, phrase or word of this Program Agreement or the application of this Program Agreement to any person or circumstance Is, to any extent, held illegal, Invalid, or un-enforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Program Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, Invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Program Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Program Agreement be given full force and effect for Its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this Program Agreement, then the remainder of this Program Agreement is not affected by the law, and in lieu of any illegal, Invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 9. Compliance with Laws. The parties shall comply with all applicable federal, State, and local govemment laws, rules, regulations, and ordinances which may be relevant to performance under this Program Agreement. 10. Jurisdiction andVenue. a. This Program Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Program Agreement must be brought in Nueces County, Texas, where this Program Agreement was entered into and must be performed. 11. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Program Agreement and each party agrees to be bound by the terms, covenants, and conditions contained tn this Program Agreement. Any ambiguities in this Program Agreement may not be construed against the drafter. 12. Warranties. The City warrants and represents to Corporation the following: a. The City has the authority to enter into and perform, and will perform, the terms of this Program Agreement. c. The City has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be tlrnely paid, during the term of this Program Agreement. d. The City has received a copy of the Texas Development CorporatJon Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Program Agreement must be utilized solely for purposes authorized under State law and by the terms of this Program Agreement. e. If an audit determines that the funds were not used for authorized purposes, the City agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law wlthln 30 days written notice requesting reimbursement.. f. The parties executing this Program Agreement on behalf of the City are duly authorized to execute this Program Agreement. 13. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, consUtutes a waiver of any subsequent breach of the covenant or condition of the Program Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Program Agreement. c. Any waiver or indulgence of default may not be considered an estoppel against the Corporation. d. It Is expressly understood that if at any time the City is in default in any of its conditions or covenants of this Program Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and rernodles that the Corporation may have, will not he considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the dghts or remedies or elect to terminate this Program Agreement on account of the default. 14. Notices. a. Any required written notices shall be sent, certified mall, return receipt requested, addressed as follows: If to Corporation: City of Corpus Chdsti Business and Job Development corporation Attn: Executive Director 1201 Leopard Street Corpus Chdsti, Texas 78401 If to City: City of Corpus Christi Attn.: Director of Neighborhood Services Department P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Chrisli, Texas 78469-9277 c. Notice is effective upon deposit In the United States mail In the manner provided above. 15. Incorporation of other documents. The Corpus Christi Business & Job Development Corporation 4a Board Affordable Housing Request for Proposals issued October 22, 2004 are incorporated Into this Program Agreement. 16. Relationship of Parties. In performing this Program Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 17. Nonassignment- This Program Agreement may not be assigned, mortgaged, pledged, or transfen'ed without the prior written consent of the other parties to this Program Agreement. 18. Non-discrimination. The City may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or nalJonal ortgln In any manner prohibited by the laws of the United States or the State of Texas. 19. Captions. The captions in this Program Agreement are for convenience only and are not a part of this Program Agreement. The captions do not in any way limit or amplify the terms and provisions of this Program Agreement. 20. Entire Agreement. This Program Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation and the City for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Program Agreement, unless contained in this Program Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Program Agreement and its referenced and incorporated documents, of the ten'ns, conditions, promises, and covenants relating to the each party's required performance under this Program Agreement. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Pdnted name: Date: TiUe ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § KNOW ALLBYTHESE PRESENTS: This Insl]'ument was acknowledged before me on ,2005, by as the (We) of Ihe Corpus Chds~J Business and Job Development Corpora~n, a Texas nonprofit corporation, on behaJf of the corporation. (seal) A'I-rEST: NOTARY PUBLIC, State of Texas CITY OF CORPUS CHRISTI Armar.:lo Chapa City Secretary George K. Noe City Manager Date: Date: APPROVED AS TO FORM: Lisa ^guilar Assistant City A~to~'ney for the Cily Attorney RESOLUTION AUTHORIZING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION"), THE CITY OF CORPUS CHRISTI ("CI'FY"). AND RANDY FARRAR DBA MIRAMAR HOMES TO ALLOW THE CORPORATION TO PROVIDE $100,000 OF AFFORDABLE HOUSING FUNDS FOR BUY-DOWN MORTGAGE LOAN PROGRAM. AND AUTHORIZING THE CI'FY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS. in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the Cites City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979; WHEREAS, Randy Farrar dba Miramar Homes submitted a proposal to the Board to request $100,000 for a buy-down mortgage and closing cost loan program to assist eligible families in purchase of new affordable housing to be constructed by Miramar Homes, with loan to be repaid upon sale or transfer of the home; WHEREAS, eligible homeowner of homes with total price of less than $90,000 may qualify for a maximum $15,000 loan and eligible homeowner of home with total pdce between $90,000 to $93,500 may qualify for a maximum $20,000 loan. Affordable Housing Miramar Homes. DOC WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Chdsti that project presented by Randy Farrar dba Miramar Homes be awarded affordable housing funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the City Council authorizes the execution of an affordable housing program agreement ("Program Agreement") between the Corporation and the City and Randy Farrar dba Miramar Homes to allow the Corporation to provide $100,000 for a mortgage buy-down loan program. A copy of the Program Agreement in substantial form is attached as Exhibit A. The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager is authorized to execute the Program Agreement referenced above on behalf of the City. ATTEST: THE CITY OF CORPUS CHRISTI 2 Armando Chapa City Secretary APPROVED: ~ day of Lisa Aguilar Assistant City Attorney for City Attomey Henry Garrett Mayor ~z/v.J~ ,2005 Affordable Housing Miramar Horr~s. DOC AFFORDABLE HOUSING PROGRAM AGREEMENT RANDY FARRAR DBA MIRAMAR HOMES This Affordable Housing Program Agreement (~Program Agreement") is entered into between the Corpus Christi Business and Job Development Corporation (~Corporation"), the City of Corpus Chdsti ("City"), and Randy Farrar dba Miramar Homes ("Miramar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of ira-proving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax ap-proved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects; WHEREAS, Miramar submitted a proposal to the Board to request funds to loan to families for mortgage buy-down assistance of new Miramar constructed homes; WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Christi that affordable housing funds be awarded, by execution of this Program Agreement, to accomplish the affordable housing project described in this agreement and in Miramar's proposal In consideration of the covenants, promises, and conditions stated in this Program Agreement, the Corporation, Miramar and the City agree as follows: 1. Program Agreement to Implement Affordable Housing Project. This Program Agreement behNeen the Corporation, the City, and Miramar is executed to implement the promotion and development of an affordable housing project proposed by Miramar in response to the Board's request for proposals ("Project Response"). The Project Response submitted by Miramar, entitled "Miramar Homes Proposal Number Two 4A Board 2004 Affordable Housing Program" ("Project") is attached to this Program Agreement as Exhibit C and is incorporated in this Program Agreement by reference. 2. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Program Agreement. 3. Term. The term of this Program Agreement extends twelve (12) months from the date the last party executes this document. ("Effective Date") 4. Services to be Provided by City. a. The City, through the City's City Manager or his designee ("City Manager"), shall administer funding and perform contract administration responsibilities, as outlined in this Program Agreement, for the Corporation. 5. Servlcee to be Provided by Miramar. a. Miramar shall complete construction of between five (5) to seven (7) new single-family, owner occupied homes in Corpus Chdsti, Texas and offer said homes for sale as affordable housing, as the term is defined in Title 42 of the United States Code, SectJon 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979. Each home shall comply with the Corporation's Affordable Housing Request for Proposals. Each home shall contain three bedrooms, two baths, one-car garage, with 1050 to 1374 square feet, and sell for $81,500 to $93,500, inclusive of all closing costs, and including cost of lot. Miramar shall provide market appraisal of each home. b. Eligible homeowner ("Homeowner") shall receive a loan of $15,000 to $20,000 of the funds provided under this Program Agreement to buy~lown the mortgage and closing costs of a home described in this section. The mortgage buy-down funds shall be repaid to Corporation upon sale or transfer of home. Miramar shall require Homeowners who receive the buy-down funds provided under this Program Agreement to execute the Real Estate Note and Deed of Trust attached as Exhibits A and B to secure repayment to Corporation of the buy-down funds. Miramar shall file the original executed documents in the official public records of Nueces County. After recording, Miramar must ensure that the original executed and filed documents are returned to the Corporation. c. Prior to the distribution of funds provided under this Program Agreement, Miramar must coordinate with the Director of the City's Neighborhood Services Department or the Director's designee ("Director") to review the anticipated purchase transaction as it pertains to eligibility, location and amount. The Director shall confirm execution of the documents attached as Exhibits A and B prior to release of loan funds. The Director may authorize modifications to Exhibits A and B to accomplish purpose of this Program Agreement. d. Miramar shall recruit potential homebuyers for housing ownership to be constructed as affordable housing pursuant to this Program Agreement. Miramar shall ensure that each potential homebuyer's family qualifies as a Iow-to-moderate income family in accordance with Federal, State and City housing laws, rules, and regulations. 6. Loan of Funds. The Corporation authorizes the City to loan, from allocated sales tax revenues, up to $100,000 for mortgage buy-down and closing costs of new homes for eligible homeowners pursuant to this Program Agreement. Eligible homeowner of homes with total price of less than $90,000 may qualify for a maximum $15,000 loan. Eligible homeowner of home with total pdce between $90,000 to $93,500 may qualify for a maximum $20,000 loan. Any payment of funds by the Corporation under the provisions of this Program Agreement are subject to the receipt of sales taxes, by the City, from the Office of the Comptroller of the State of Texas and payment of the sales taxes to the Corporation by the City. Payment of the buy-down funds will be made by the City directly to the title company or mortgage company involved in the closing transaction. Supporting documentation, such as closing and settlement forms, must be provided to the City Director by Miramar prior to processing a request for loan. Miramar shall secure for the Corporation the recapture of all loans provided to Homeowner under this Program Agreement by having each Homeowner execute a note secured by a deed of trust that represents a second mortgage lien on the property. Recapture shall occur upon the earlier of the following events: i. Sale of home; ii. Homeowner no longer occupies the home as pdmary residence; or iii. foreclosure of home. 7. Documentation and Reports. Miramar shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Program Agreement for a period of three years following the expiration of this Program Agreement or for such longer period as may be required by federal or State law. Miramar shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Program Agreement, during regular business hours, for the purpose of inspection and copying by the City Manager. Furthermore, Miramar shall provide to the City Manager any information pertinent to this Program Agreement, as may be requested during the term of this Program Agreement. Miramar shall submit a performance report ("Report") to the City and the Corporation at least once each quarter and a final Report within 30 days of the expiration of this Program Agreement. The Report must contain all relevant details pertaining to the lot and home purchases and include any supporting documentation required to substantiate the written narrative contained in the Report. 8. Amendments or Modifications. No amendments or modifications to this Program Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 9. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Program Agreement or the application of this Program Agreement to any person or circumstance is, to any extent, held illegal, invalid, or un-enforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Program Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Program Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Program Agreement be given full force and effect for its purpose. bo To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the ten'n of this Program Agreement, then the remainder of this Program Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 10. Compliance with Laws. Miramar shall comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances which may be relevant to Miramar's performance under this Program Agreement. 11. Jurisdiction and Venue. a. This Program Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Program Agreement must be brought in Nueces Counb/. Texas, where this Program Agreement was entered into and must be performed. 12. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Program Agreement. By Miramar's execution of this Program Agreement, Miramar agrees to be bound by the terms, covenants, and conditions contained in this Program Agreement. Any ambiguities in this Program Agreement may not be construed against the drafter. 13. Indemnity. Miramar must fully indemnify and hold harmless the City of Corpus Christi, the Corpus Christi Business and Job Development Corporation, and their officers, employees, and agents (hereinafter, collectively "lndemnitees") from and against any and all liability, damage, loss, claims, demands, expenses, suits, and causes of action of any nature whatsoever on account of injury or damage to person (including, without limitation on the foregoing, premises de-fects, workers' compensation, and death claims) or property loss or damage of any kind whatsoever which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, either proximately or remotely, wholly or in part, any activities by Miramar, its officers, employees, agents, members, invitees, or independent contractors with respect to this Program Agreement or the Project that is the subject of this Program Agreement, regardless of whether such InJurfes, death, or damages are caused, or are claimed to be caused, by the contributory negligence of any of the Indemnitees, but not if caused by the sole negligence of the Indemnitees unmixed with the fault of any other person or entity. Miramar covenants and agrees that if Indemnitees, or any of them, are made a party to any litigation against Miramar or in any litigation commenced by any party other than Miramar relating to this Program Agreement or Project, Miramar shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees in all actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. 14. Warranties. Miramar warrants and represents to Corporation the following: a. Miramar is a duly organized, validly existing, and in good standing under the laws of the State of Texas, has all authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Miramar has the authority to enter into and perform, and will perform, the terms of this Program Agreement. c. Miramar has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and ,Mil be timely paid, during the term of this Program Agreement. d. Miramar has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Program Agreement must be utilized solely for purposes authorized under State law and by the terms of this Program Agreement. e. if an audit determines that the funds were not used for authorized purposes, Miramar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement.. f. The parties executing this Program Agreement on behalf of Miramar are duly authorized to execute this Program Agreement on behalf of Miramar. 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of Miramar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Program Agreement; b. The Corporation or CJb/determines that any representation or warranty on behalf of Miramar contained in this Program Agreement or in any financial statement, certificate, report, proposal, or opinion submitted to the Corporation in connection with this Program Agreement was incorrect or misleading in any matedal respect when made; c. Any judgment is assessed against Miramar or any attachment or other levy against the property of Miramar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Miramar makes an assignment for the benefit of creditors. e. Miramar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes on property owed by Miramar become delinquent, and Miramar fails to timely and properly follow the legal procedures for protest or contest. g. Miramar changes the general character of its business as conducted on or following the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that Miramar is in default according to the terms of this Agreement, the Corporation or City shall notify Miramar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Miramar to cure the event of default. 17. Result~ of Uncured Default. After exhausting good faith attempts to address any default during the Cure Pedod, and taking into account any extenuating circumstances that might have occurred through no fault of Miramar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. Miramar shall immediately repay to Corporation, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of expiration of Cure Period until fully paid, all funds not used in accordance with this Program Agreement. b. Miramar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Miramar under this Program Agreement and this Program Agreement shall terminate. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue ail remedies available under law. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Program Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agrccment, justifies or authorizes the nonobservance on any other occasion of ~he covenant or condition or any other covenant or condition of this Program Agreement. c. Any waiver or indulgence of Miramar default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Miramar is in default in any of its conditions or covenants of this Program Agreement, the failure on the part of the Corporation to promptly avail itself of the dghts and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Program Agreement on account of the default. 19. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Miramar: Randy Farrar dba Miramar Homes 5417 Whitemarsh Corpus Christi, Texas 78413 If to Corporation: City of Corpus Chdsti Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Chdsti Business & Job Development Corporation 4a Board Affordable Housing Request for Proposals issued October 22, 2004 is incorporated into this Program Agreement. 21. Relationship of Parties. In performing this Agreement, the Corporation, Miramar and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Nonaesignment, Miramar may not assign, mortgage, pledge, or transfer this Program Agreement or any interest contained in this Program Agreement without the prior written consent of the other parties to this Program Agreement. 23. Non-discrimination. Miramar may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national origin in any manner prohibited by the laws of the United States or the State of Texas. The City Manager retains the right to take any action the United States or the State of Texas may direct to enforce this non- discrimination covenant. 24. Captions. The captions in this Program Agreement are for convenience only and are not a part of this Program Agreement. The captions do not in any way limit or amplify the terms and provisions of this Program Agreement. 2S. Entire Agreement. This Program Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation, the City, and Miramar for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherv~se, with reference to the subject matter of this Program Agreement, unless contained in this Program Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Program Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the each party's required performance under this Program Agreement. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Printed name: Date: STATE OF TEXAS § COUNTY OF NUECES § Title ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on ,2005, by as the (title) of the Corpus Chdsti Business and Job Development Corporation, a Texas nonprofit corporation, on behall~ of the corporation. (seal) NOTARY PUBLIC, State of Texas ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Date: George K. Noe City Manager Date: APPROVED AS TO FORM: Lisa Aguilar Assistant City Attomey for the City Attorney RANDY FARRAR DBA MIRAMAR HOMES Signature Pdnted name: Date: Title STATE OF TEXAS § COUN'I'Y OF NUECES § This instrument was acknowledged before me on Homes ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: ,2005, by Randy Fan'ar dba Miramar NOTARY PUBLIC, State oi' Texas RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION"), THE CITY OF CORPUS CHRISTI ("CITY"), AND NUECES COMMUNITY ACTION AGENCY ("NCCAA") TO ALLOW THE CORPORATION TO GRANT $210,000 TO THE NCCAA FOR AN AFFORDABLE HOUSING PROGRAM FOR DOWN PAYMENT AND CLOSING COST ASSISTANCE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1,2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979; WHEREAS, NCCAA submitted a proposal to the Board to request $210,000 in forgivable loan grant funds for down payment and closing cost assistance; and WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Christi that NCCAA be awarded affordable housing funds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Affordable Housing NCCAA.DOC SECTION 1. That the City Council authorizes the execution of an affordable housing program agreement ("Program Agreement") between the Corporation, NCCAA, and the City to allow the Corporation to provide $210,000 in forgivable loan grant funds for down payment and closing cost assistance. A copy of the Program Agreement in substantial form is attached as Exhibit A. The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager is authorized to execute the Program Agreement referenced above on behaff of the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ dayqf Lisa Aguilar Assistant City Attorney for City Attomey Henry Garrett Mayor 2005. Housing NCCAA,DOC AFFORDABLE HOUSING PROGRAM AGREEMENT NUECES COUNTY COMMUNITY ACTION AGENCY This Affordable Housing Program Agreement ("Program Agreement") is entered into between the Corpus Chflsti Business and Job Development Corporation ('Corporation"), the City of Corpus Chdsti ("City"), and Nueces County Community Action Agency ("NCCAA'), a non-profit corporation organized under the statutes of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of corpus Chdsti passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and usa tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective Apdl 1,2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects; WHEREAS, NCCAA submitted a proposal to the Board to request grant funds for families for mortgage buy-down; WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Chdsti that NCCAA be awarded affordable housing funds, by execution of this Program Agreement, to accomplish the affordable housing project described in this agreement and in NCCAA proposal In consideration of the covenants, promises, and conditions stated in this Program Agreement, the Corporation, NCCAA and the City agree as follows: 1. Program Agreement to Implement Affordable Housing Project. This Program Agreement between the Corporation, the City, and NCCAA is executed to implement the promotion and development of an affordable housing project proposed by NCCAA in response to the Board's request for proposals ("Project Response"). The Project Response submitted by NCCAA, dated February 3, 2005 regarding $210,000 Grant application for the NCCAA Down Payment and Closing Costs Assistance ("Project") is attached to this Program Agreement as Exhibit C and is incorporated in this Program Agreement by reference. 2. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Program Agreement. 3. Term. The term of this Program Agreement extends twelve (12) months from the date the last party executes this document. 4. Services to be Provided by City. a. The City, through the City's City Manager or his designee ("City Manager'), shall administer funding and perform contract administration responsibilities, as outlined in this Program Agreement, for the Corporation. 5. Services to be Provided by NCCAA. a. NCCAA shall provide down payment and closing cost assistance for the purchase of a new home in their CAP Estates II subdivision in Corpus Christi, Texas as described in its Project and pursuant to definition of "affordable housing" found in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979. Each home shall contain three bedrooms, two bath, one car garage masonry home with approximately 1086 square feet of living area, with total sale price, including lot, at or below $80,000. b. Eligible homebuyer ("Homebuyer") may receive a zero percent forgivable loan of $15,000 to $20,000 of the funds provided under this Program Agreement for down payment and closing costs to purchase a home described in this section. For each year that the Homebuyer occupies the home as his or her pdmary residence, one thousand dollars of the loan shall be forgiven, to be prorated monthly. NCCAA shall require Homebuyers who receive the funds provided under this Program Agreement to execute the Real Estate Note and Deed of Trust attached as Exhibits A and B to secure repayment of outstanding loan amount to Corporation in the event the home is sold or transferred and an outstanding loan amount is due. NCCAA shall file the original executed documents in the official public records of Nueces County. After recording, NCCAA must ensure that the original executed and filed documents are returned to the Corporation. c. Prior to the distribution of funds provided under this Program Agreement, NCCAA must coordinate with the Director of the C~'s Neighborhood Services Department or the Director's designee ("Director") to review the anticipated purchase transaction as it pertains to eligibility, location and amount. The Director shall confirm execution of the documents attached as Exhibits A and B pdor to release of funds. The Director may authorize modifications to Exhibits A and B to accomplish purpose of this Program Agreement. d. NCCAA shall provide homeownership counseling to all qualified Homebuyers of homes purchased with funds provided under this Program Agreement. e. NCCAA shall recruit potential homebuyers for housing ownership to be constructed as affordable housing pursuant to this Program Agreement. NCCAA shall ensure that each potential homebuyer's family qualifies as a Iow-to-moderate income family in accordance with Federal, State and City housing laws, rules, and regulations. 6. Payment of Funds. The Corporation authorizes the City to provide, from allocated sales tax revenues, up to $210,000 for down payment and closing costs for eligible homebuyers pursuant to this Program Agreement. Eligible homebuyers may qualify under this Program Agreement for a forgivable loan between $15,000 to maximum of $20,000, based on income guidelines provided by the City Neighborhood Services Deparfment. Any funds provided by the Corpora[ion under the provisions of this Program Agreement are subject to the receipt of sales taxes, by the City, from the Office of the Comptroller of the State of Texas and payment of the sales taxes to the Corporation by the City. Payment of the funds will be made by the City directJy to the t;'tle company or mortgage company Involved in the closing transection. Supporting documentation, such as closing and settlement forms, must be provided to the City Director by NCCAA pdor to processing a request for loan. 7. Documentation and Reports. NCCAA shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Program Agreement for a period of three years following the expiration of this Program Agreement or for such longer period as may be required by federal or State law. Additionally, NCCAA shall keep records that document the provision and extent of home- buyer counseling that was provided to each qualified homebuyer. Each counseling record must be signed by the homebuyers and NCCAA upon the completion of counseling. NCCAA shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Program Agreement, during regular business hours, for the purpose of inspection and copying by the City Manager. Furthermore, NCCAA shall provide to the City Manager any information pertinent to this Program Agreement, as may be requested dudng the term of this Program Agreement. NCCAA shall submit a performance report ("Report") to the City and the Corporation at least once each quarter and a final Report within 30 days of the expiration of this Program Agreement. The Report must contain all relevant details pertaining to the lot and home purchases and include any supporting documentation required to substantiate the wdtten narrative contained in the Report. 8. Amendments or Modifications. No amendments or modifications to this Program Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 9. Severabllity. a= If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Program Agreement or the application of this Program Agreement to any person or circumstance is, to any extent, held illegal, invalid, or un-enforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Program Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Program Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Program Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this Program Agreement, then the remainder of this Program Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 10. Compliance with Laws. NCCAA shall comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances which may be relevant to NCCAA's performance under this Program Agreement. 11. Jurisdiction and Venue. a. This Program Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Program Agreement must be brought in Nueces County, Texas, where this Program Agreement was entered into and must be performed. 12. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Program Agreement. By NCCAA's execution of this Program Agreement, NCCAA agrees to be bound by the terms, covenants, and conditions contained in this Program Agreement. Any ambiguities in this Program Agreement may not be construed against the drafter. 13. Indemnity. NCCAA must fully indemnify and hold harmless the City of Corpus Christi, the Corpus Christi Business and Job Development Corporation, and their officers, employees, and agents (hereinafter, collectively "lndemnitees") from and against any and all liability, damage, loss, claims, demands, expenses, suits, and causes of action of any nature whatsoever on account of injury or damage to person (including, without limitation on the foregoing, premises de.fects, workers' compensation, and death claims) or property loss or damage of any kind whatsoever which arise out of or are in any man-ner connected with, or are claimed to arise out of or be in any way connected with, either proximately or remotely, wholly or in part, any activities by NCCAA, its officers, employees, agents, members, Invltees, or independent contractors with respect to this Program Agreement or the Project that is the subject of this Program Agree-men~ regardless of whether such injuries, death, or damages are caused, or are claimed to be caused, by the contributory negligence of any of the Indemnitees, but not if caused by the sole negligence of the Indemnltees unmixed with the fault of any other person or entity. NCC, AA covenants and agrees that if Indemnitees, or any of them, are made a party to any litigation against NCCAA or In any litigation commenced by any party other than NCCAA relating to this Program Agreement or Project, NCCAA shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees in all actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. 14. WarranUes. NCCAA warrants and represents to Corporation the following: a. NCCAA is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. NCCAA has the authority to enter into and perform, and will perform, the terms of this Program Agreement. c. NCCAA has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Program Agreement. d. NCCAA has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Program Agreement must be utilized solely for puq~oses authorized under State law and by the terms of this Program Agreement. e. If an audit determines that the funds were not used for authorized purposes, NCCAA agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days wfltten notice requesting reimbursement.. f. The parties executing this Program Agreement on behaff of NCCAA are duly authorized to execute this Program Agreement on behalf of NCCAA. 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of NCCAA to timely, fully, and completely comply with any one or mom of the requirements, obligations, duties, terms, conditions, or warranties of this Program Agreement; b. The Corporation or City determines that any representation or warranty on behalf of NCCAA contained in this Program Agreement or in any financial statement, certificate, report, proposal, or opinion submitted to the Corporation in connection with this Program Agreement was incorrect or misleading in any matedal respect when made; c. Any judgment is assessed against NCCAA or any attachment or other levy against the property of NCCAA with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. NCCAA makes an assignment for the benefit of creditors. e. NCCAA files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes on property owed by NCCAA become delinquent, and NCCAA fails to timely and propedy follow the legal procedures for protest or contest. g. NCCAA changes the general character of its business as conducted on or following the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that NCCAA is in default according to the terms of this Agreement, the Corporation or City shall notify NCCAA in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for NCCAA to cure the event of default. 17. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of NCCAA, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Pedod: a. NCCAA shall immediately pay to Corporation, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of expiration of Cure Period until fully paid, all funds not used in accordance with this Program Agreement. b. NCCAA shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to NCCAA under this Program Agreement and this Program Agreement shall terminate. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Program Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Program Agreement. c. Any waiver or indulgence of NCCAA default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time NCCAA is in default in any of its conditions or covenants of this Program Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Program Agreement on account of the default. 19. Notices. a_ Any required wrfften notices shall be sent, certified mail, retum receipt requested, addressed as follows: If to NCCAA: Nueces County Community Action Agency Attn: Executive Director 4760 Old Brownsville Road Corpus Christi, Texas 78405 If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Chdsti Attn.: City Manager P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Chdsti Business & Job Development Corporation 4a Board Affordable Housing Request for Proposals issued October 22, 2004 Is incorporated into this Program Agreement. 21. Relationship of Parties. In performing this Agreement, the Corporation, NCCAA and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Nonassignment. NCCAA may not assign, mortgage, pledge, or transfer this Program Agreement or any interest contained in this Program Agreement without the pdor wdtten consent of the other parties to this Program Agreement. 23. Non-dlscflmlnaflon. NCCAA may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national odgin in any manner prohibited by the laws of the United States or the State of Texas. The City Manager retains the right to take any action the United States or the State of Texas may direct to enforce this non- discrimination covenant. 24. Captions. The captions in this Program Agreement are for convenience only and are not a part of this Program Agreement. The captions do not in any way limit or amplify the terms and provisions of this Program Agreement. 25. Entire Agreement. This Program Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation, the City, and NCCAA for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Pro-gram Agreement, unless contained in this Program Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Program Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the each party's required performance under this Program Agreement. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Printed name: Date: STATE OF TEXAS COUNTY OF NUECES Title ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This Instrument was acknowledged before me on .2005, by as the (ti'de) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) ATTEST: NOTARY PUBLIC, State of Texas CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager Date: Data: APPROVED AS TO FORM: Lisa Aguilar Assistant City Attorney for the City Attorney NUECES COUNTY COMMUNITY ACTION AGENCY Signature Printed name: Date: TitJe ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on as the Agency, a Texas nonprofit corporation, on behalf of the corporation. ,2005, by (title) of the Nueces County Community Ac~n NOTARY PUBLIC, State of Texas RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") AND THE CITY OF CORPUS CHRISTI ("CITY") TO ALLOW THE CORPORATION TO GRANT $107,000 OF AFFORDABLE HOUSING FUNDS TO THE CITY FOR DOWN PAYMENT ASSISTANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a seJes and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective Apdl 1,2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979; WHEREAS, the City of Corpus Chdsti submitted a proposal to the Board to request $107,030 in forgivable loan grant funds for down payment and closing cost assistance; and WHEREAS, the Board has determined that it is in the best interests of the residents of the Cit~, of Corpus Christi that the City of Corpus Christi be awarded affordable housing funds for down payment and closing cost assistance program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: AITordable Housing City dow~ payment as~ls[~nce. DOC 2 SECTION 1. That the City Council authorizes the execution of an affordable housing program agreement ('Program Agreement") between the Corporation and the City to allow the Corporation to provide $107,000 to the City for homebuyer down payment and closing cost assistance. A copy of the Program Agreement in substantial form is attached as Exhibit A. The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager is authorized to execute the Program Agreement referenced above on behalf of the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ;:~:,~:,~:,~:,~:,~:~o day of By: o~.,,~?yz Lisa Aguilar~-~-~ Assistant City Attomey for City Attorney Henry Garrett Mayor --~ ,2005. Affordable Housing City down payment assistance. DOC AFFORDABLE HOUSING PROGRAM AGREEMENT CITY OF CORPUS CHRJSTI HOMEBUYER ASSISTANCE PROGRAM -EXISTING HOMES This Affordable Housing Program Agreement ('Program Agreement") Is entered into between the Corpus Chdsti Business and Job Development Corporation ("Corpora[ion') and the City of Corpus Christi ("City') a Texas home rule municipality. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002. residents of the City of Corpus Chdsti passed Proposition 2. New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of onc clghth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as them are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ('City Council') and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a request for proposals for affordable housing projects; WHEREAS, the City through its Neighborhood Services Department manages several programs to assist eligible citizens in purchase of affordable housing; WHEREAS, the City submitted a proposal to the Board to request grant funds for a forgivable loan program, to be combined with the funds currently provided under a City program funded by the HOME Investment Partnerships Act of 1990, 42 U.S.C. §§12701 et. seq, ('City HOME program"), to provide homebuyer assistance funds to eligible homebuyerS; WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Comus Chdsti that the City be awarded affordable housing funds, by execution of this Program Agreement, to accomplish the affordable housing project described In this agreement and in the City's proposal In censideratJon of the covenants, promises, and conditions stated in this Program Agreement. the Corporation and the City agree as follows: 1. Program Agreement to Implement Affordable Housing Project. This Program Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project proposed by the City in response to the Board's request for proposals ("Project Response"). The Project Response submitted by the City titled 'Project: $3,000 Homebuyer Assistance' ('Project') Is a~tached to this Program Agreement as Exhibit C and is incorporated in this Program Agreement by reference. 2. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Program Agreement. 3. Term, The term of this Program Agreement extends twelve (12) months from the date the last party executes this document. 4. Services to be Provided by City. a. The City, through the City's City Manager or his designee ('City Manager"), shall administer funding and perform contract administration responsibilities, as outlined in this Program Agreement, for the Corporation. b. Eligible homebuyer ("Homebuyer") may apply to the City through the City's Homebuyer Assistance Program to receive a forgivable loan of up to $2,500 of the funds provided under this Program Agreement for down payment and closing costs to pumhase single-family owner-occupied home described in this section. Said home must meet the guidelines and criteria outlined in the Corporation's Request for Proposals for Affordable Housing. Said home must also must meet deflnrdon of "affordable housing' found in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979. c. The funds provlded under this agreement to Homebuyer shall be combined with $2,500 in City federally funded HOME program funds for a total assistance of $5,000 in the form of a 0% deferred forgivable loan. d. For each year that the Homebuyer occupies the home as his or her primary residence, one thousand dollars of the loan shall be forgiven. The City shall require Homebuyers who receive the funds provided under this Program Agreement to execute the Real Estate Note and Deed of Trust attached as Exhibits A and B to secure repayment of outstanding loan amount to Corporation in the event the home is sold or transferred and an outstanding loan amount is due. The City shall file the original executed documents in the official public records of Nueces County. After recording, the City must ensure that the odginal executed and filed documents are retumed to the Corporation. The Director may authorize modifications to Exhibits A and B to accomplish purpose of this Program Agreement. e. Prior to the distribution of funds provided under this Program Agreement, the Director of the City's Neighborhood Services Department or the Directors designee ("Director") shall review the anticipated purchase transaction as it pertains to eligibility, location and amount. The Director shall confirm execution of the documents attached as Exhibits A and B prior to release of funds. f. The City shall provide homebuyership counseling to all qualified Homebuyers of homes purchased with funds provided under this Program Agreement. g. The City shall recruit potenOal homebuyers for affordable housing ownership pursuant to this Program Agreement. The Director of shall ensure that each potenUal homebuyer's family qualifies as a Iow-to-moderate Income family in accordance with Federal, State and City housing laws, rules, and regulations. 5. Payment of Funds. aw The Corporation authorizes the City to grant, from allocated sales tax revenues, up to $107,000 for down payment and closing costs for eligible homebuyers pursuant to this Program Agreement. Eligible homebuyers may qualify for a zero percent forgivable loan of funds provided under this Program Agreement up to maximum of $2,500. Any funds provided by the Corpora~n under the provisions of this Program Agreement are subject to the receipt of sales taxes, by the City, from the Office of the Compti'oller of the State of Texas and payment of the sales taxes to the Corporation by the City. Cw Payment of the funds will be made by the City directly to the title company Involved in the closing transaction. Supporting documentation, such as closing and settlement forms, must be provided to the City Director prior to processing a request for loan. 6. Documentation and Reports. The City shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Program Agreement for a period of three years following the expiration of this Program Agreement or for such longer period as may be required by federal or ,State law. Additionally, the City shall keep records that document the provision and extent of home- buyer counseling that was provided to each qualified homebuyer. Each counseling record must be signed by the homebuyers and the City upon the completion of counseling. The City shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Program Agreement, dudng regular business hours, for the purpose of inspection and copying by the Corporation's designee. Director shall submit a performance report ("Report") to th~ CorporalJon at least once each quarter and a final Report within 30 days of the expiration of this Program Agreement. The Report must contain all relevant details pertaining to home purchases and include any supporting documentation required to substantiate the written narrative contained in the Report. 7. Amendments or Modifications. No amendments or modifications to this Program Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agraements on behalf of all parties. 8. Severabillty. e= If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Program Agmernent or the application of this Program Agreement to any person or circumstance is, to any extent, held illegal, invalid, or un-enforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Program Agreement, or the application of the term or provision to persons or circumstances other than those as to which It is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Program Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Program Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this Program Agreement, then the remainder of this Program Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar In terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 9. Compliance with Laws. The parties shall comply with all applicable federal, State. and local govemrnent laws, rules, regulations, and ordinances which may be relevant to performance under this Program Agreement. 10. Jurisdiction andVenue. a. This Program Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Program Agreement must be brought in Nueces County, Texas, where this Program Agreement was entered into and must be pen'on'ned. 11. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Program Agreement and each party agrees to be bound by the ten'ns, covenants, and conditions contained in this Program Agreement. Any ambiguities in this Program Agreement may not be construed against the drafter. 12. Warranties. The City warrants and represents to Corporation the following: a. The City has the authority to enter into and perform, and will perform, the terms of this Program Agreement. c. The City has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ed valorem taxes, have bccn timely paid, and will be timely paid, dudng the term of this Program Agreement. d. The City has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Program Agreement must be utilized solely for purposes authorized under State law and by the terms of this Program Agreement. e. If an audit determines that the funds were not used for authorized purposes, the City agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement.. f. The parties executing this Program Agreement on behalf of the City are duly authorized to execute this Program Agreement. 13. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, consUtutes a waiver of any subsequent breach of the covenant or condition of the Program Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Program Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Program Agreement. c. Any waiver or indulgence of default may not be considered an estoppel against the Corporation. d. It Is expressly understood that if at any time the City is in default in any of its conditions or covenants of this Program Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the dghts or remedies or elect to terminate this Program Agreement on account of the default. 14. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Chdsti Attn.: Director of Neighborhood Services Department P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 City of Corpus Chdsti Attn.: City Manager P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 15. Incorporation of other documents. The Corpus ChdsU Business & Job Development Corporation 4a Board Affordable Housing Request for Proposals issued October 22, 2004 are incorporated into this Program Agreement. 16. Relationship of Parties. In performing this Program Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 17. Nonasslgnment. This Program Agreement may not be assigned, mortgaged, pledged, or transferred without the prior w~ itien consent of the other parUes to this Program Agreement. 18. Non-dlscrirninatlon. The City may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national odgin in any manner prohibited by the laws of the United States or the State of Texas. 19. Captions. The captions in this Program Agreement are for convenience only and are not a part of this Program Agreement. The captions do not in any way limit or amplify the terms and provisions of this Program Agreement. 20. Entire Agreement. This Program Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation and the City for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Program Agreement, unless contained in this Program Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Program Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the each party's required performance under this Program Agreement. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Printed name: Title Date: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OFNUECES § KNOW ALL BY THESE PRESENTS: This Instrument was acknowledged before me on ,2005, by as the (~e) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) A'FFEST: NOTARY PUBLIC, State of Texas cn~ OF CORPUS CHRISTI An'nando Chapa City Secretary George K. Noe City Manager Date: Date: APPROVED AS TO FORM: Lisa Agullar Asslsbant City Attorney for the City Altomey 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Ar)ril 26, 2005 AGENDA ITEM: Motion to approve project by Leadership Corpus Chdsti, Class XXXIII, for installation of memorial monument at SherTill Park. ISSUE: Leadership Corpus Christi, Class XXXIII, has chosen for its project a memorial to the men and women from our area who have been activated and served in the Global War On Terrorism. The project consists of a four-foot diameter polished black granite sphere with a wodd globe etched on the surface. REQUIRED COUNCIL ACTION: Approval of Sherrill Park Memodal PREVIOUS COUNCIL ACTION: None FUNDING: This is a project that Is being funded by Leadership Corpus Christi CONCLUSION AND RECOMMENDATION: This project has received the approval of the Mayor's Advisory Council for Veterans' Affairs and the Parks and Recreation Advisory Committee. We recommend approval. (Dep/ad~m t Head Signature) Attachments: Background Information BACKGROUND INFORMATION Leadership Corpus Christi, Class XXXIII, has chosen for its project a memorial to the men and women from our area who have been activated and served in the Global War On Terrorism. The project consists of a 4-foot diameter polished black granile sphere with a world globe etched on the surface. This will be mounted on a gray 3' diameter x 2' high granite base. This will then rest on a 30' diameter concrete base. The Leadership Corpus Christi class made a presentation in March to the Mayor's Committee On Veterans' Affairs. They voted to support the project and its location in Sherrill Park. On Apd113, 2005 that same Leadership Corpus Christi class presented the project to the Parks and Recreation Advisory Committee and received their recommendation of support. 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/26/05 AGENDA ITEM: Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares~Amounts, to increase taxicab fares to $2.00 for the first one-fifth mile and $.40 for each succeeding one-fifth mile, providing for severability; providing for publication; and providing for penalties. (First reading - 04/19/05) ISSUE: The local taxicab companies requested a review of the ordinance and possible changes in fees. This is the second reading of the ordinance. BACKGROUND: The request for fare increases from a taxicab company owner was reviewed by the Police Department. The petitioner's proposal included an increase in the "flag drop" or initial fee from $1.75 to $2.50 and increasing the cost per 1/5 mile from .35 to .40. The ordinance reflects a flag drop of $2.00 and .40 per 1/5 mile. REQUIRED COUNCIL ACTION: Approval of second reading is necessary to enact the changes in the ordinance. PREVIOUS COUNCIL ACTION: First reading on 04/19/05. Previous ordinance change occurred on December 12, 2000 and included an increase in the flag drop from $1.50 to $1.75 and an increase in the cost per 1/5 mile from .30 to .35. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the ordinance changes. Chief of Police Attachments: ~)ur~ey results rd~nance ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57. VEHICLES FOR HIRE. SEC'nON 57-135, FARES-AMOUNTS, TO INCREASE TAXICAB FARES TO $2.00 FOR THE FIRST ONE-FIFTH (115) MILE OR LESS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION 1. That the Corpus ChdslJ Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares--Amounts, is hereby amended as follows: Sec. 57-135. Fares-Amounts. There is hereby established as the rates of fare for taxicabs within the dty limits of the City of Corpus Christi for one or more persons, not exceeding five (5) persons, of ono dollar and sevonty five conts ($1.75) for tho first ono fifth (1/5) mile or loss, and lhirty five ex)nfs ($0.35) additional for each succ, ooding (mo f'n~r~h (1/5) mile or fraction thoroof, of two dollars {$2.00) for the first one~riJ~ (1/5) mile or less. end forty cents ($.40) additional ~ each s~ir~ or~ fifth (115) mile For each one hour of waiting time, the maximum charge shall be twerp- four dollars ($24.00), accumulated in increments of fody cents ($0.40) per minute. The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked u~ at the airport, such airport passenger fares may include a fifty cent ($ 0_50) surcharge per fare collected from one or more persons not to exceed five (5) persons. Lower rates may be charged at the oplion of the taxicab certificate holder. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or pro, sion of this ordinance shall be held invalid or unc~3stittYdonal by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of Ibis ordinance for it is the definite intent of lhis City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication of this ordinance shall be made in one issue of a newspaper of general circulation in the city in accordance with the requirements of the Charter of the City of Corpus Christi after which publication this ordinance shall be in force. SECTION 4. Wolatio~ of this ordinance is an offense, punishable as provided in sectio~ 1-6 of the City Code of Ordinances. 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: Henry Garrett Rex A. Klnnlson Bront Chesney Melody Cooper Bill Kelly Jesse Noyola Jerry Garcla Mark Scott John Edward Marez That the foregoing ordinance was read for the second time and passed finelly on this ~ Henry Garmtt Rex A_ Kinnlson Brent Chesney Melody Cooper Bill Kelly Jesse Noyola Jerry Garcla Mark Scott Day of · 200S, by the following vote: John Edward Mamz PASSED AND APPROVED this the __ Day of ,2005. AT'rEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor ~ Approved LegaJ Randy A. Stoneroad Assistant City Attorney 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of State Highway 358 (SPID) - Safety Improvement and Congestion Management Project. STAFF PRESENTER(S): Name 1. Ron Massey Title/Position Assistant City Manager Department Public Works/Util OUTSIDE PRESENTER(S): Name 1. Craig Clark 2. Eddie Sanchez Title/Position District Engineer Vice President of Transportation Orqanization TXDOT TCB ISSUE: An analysis was conducted by Texas Transportation Institute in 2003- 2004 that identified the need for traffic safety and congestion management improvements on State Highway 358 (SPID). TXDOT has developed a plan for improvements to address these issues and will present them to the Council before conducting public meetings on the project. REQUIRED COUNCIL ACTION: None Ronald F. ~~ Assistant City Manager