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
($32,055.39)
DCC/AFAMAUTS4/11/05
AFAm989-2-.41 .xls
Exhibit B
Page 2 of 10
Page
Exhibit B
Page3of10 I
oooooooooooooooooooooooooooooooooo~oooooooooooooooooo
Exhibit B
Page 4 ol~ 10
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Exhibit B
Page 5 of 10
Exhibit B I
Page 6 of 10
o~ G
Exhibit B
Page 7 of 10
~9
Exhibit B
Page 8 of 10
Exhibit B
Page 9 of 10
Exhibit A
Page 10 of 10
F~le : \MproJect~councilexhibit$\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
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~
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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
$67,608.00
EXHIBIT 'B" I
Page I of 1
File
\ Mprojec~ \ councilexhibits \ exh 7285o.dwg
l_oc~rlo~ MAP
NOr ro SCALE
J
SHIP CHANNEL
PROJECT
PROJECT
L OCA T_T ON
CORPUS CHRISTI BAY
N
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CITY PROJECT No. 7288
VT_CT_NT_TY MAP
NOT TO SCALE
EXHIBIT "C"
RESACA LIFT STATION AND 48-INCH
WASTEWA TER GRAVITY LINE
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNC_TL EXHT. BIT
DEPARTMENT OF ENCINEERING 5£RVICE$
PAGE: ? of 2
DATE: 04- 19-2005
FTle : \Mproject\councilexhibits\exh7302.dwg
LOCATION MAP
NOT TO $CAL£
PROJECT SITE
ANTE[ C
LEOPARD
J
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UP
COMANCH
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CITY PROJECT No. 7302
MESTIhlA
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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
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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