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Home My WebLink AboutAgenda Packet City Council - 06/28/2005 CITY COUNCIL AGENDA JUNE 28, 2005 Corpus Christi 1I1-lIIerica CilV .~-.r~_. ~ ::.:I.iti ~~~. .-1-~r -.~.r~._~-.r.z......__~....:;.:..:~.._ __".2p..- r .. . 11 :45 A~M. - Proclamation declaring the week of June 26 - July 2,2005 as "Helen Keller Deaf-Blind Awareness Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JUNE 28, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACT/VA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m~ or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information perlaining to your subject1 please present it to the City Secretary. Si Usted desea dirigirse aJ Concilio y cree que su ingles as Iimitado, habra un interprete ingles-espanol en todas las juntas del ConciJio para ayudarle~ Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary~s office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, MI. Olive Lutheran Church. c. Pledge of Allegiance to the Flag of the United Statesa D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members: Melody Cooper Jerry Garcia B ill Kelly Rex Kinnison John E~ Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1 ~ Approval of Regular Meeting of June 21, 2005~ (Attachment # 1) Agenda Regular Council Meeting June 28, 2005 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving a supply agreement with Omni Elevator. of Corpus Christi, Texas, for elevator and escalator maintenance services in accordance with Bid Invitation No. 81-0050-05, based on low total bid, for a sixty-month expenditure of $444,540 of which $5,430 is budgeted for FY 2004-2005. The term of the supply agreement will be sixty months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. The service will be administered by Facilities Management. Funds have been requested by the various using departments in FY 2005..2006. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 3 3. Motion approving a supply agreement with Koch Material] of Corpus Christi, Texas for emulsion oil in accordance with Bid l nvitation No~ 81-0112-05, based on only bid t for an estimated annual expenditure of$50,950 of which $4,245~83 is for FY 2004- 2005. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services for maintenance of City streets. Funds have been requested by Street Services for FY 2005-2006~ (Attachment # 3) 4. Motion approving the purchase of one prisoner transport vehicle from Philpott Motors, of Port Neches~ Texas for the total amount of $31,600.75. The award is based on the City's Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). This van is an addition to the fleet~ Funding is available from the FY 2004-2005 Police Grants Fund. (Attachment # 4 ) 5. Motion approving a supply agreement with EGW Utilities, Inc~, of Carrollton, Texas for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in accordance with Bid Invitation No. 81- 0113-05 based on low bid for an estimated annual expenditure of $147,809.60 of which $12,317.47 is budgeted for FY 2004-2005. The term of the contract wilt be for twelve months with an option to extend for up to two add itional twelve-month periods su bject to the approval of the supplier and the City Manager or his designee~ Funds have been requested by the Gas Department in FY 2005-2006~ (Attachment # 5) 6~ Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No~ CBCOG- 05-4 for food items which include canned and frozen fruits and vegetables, meats and condiments for an estimated six month expend itu re of $122, 765.01 of wh ich $20,460.84 is budgeted for FY 2004-2005. The terms of the contracts shall be for six months with an option to extend for up to three additional months subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been requested by Senior Community Services in FY 2005-2006. (Attachment # ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 4 Ben E. Keith San Antonio. TX 42 Items $20,501.33 LaBatt Food Service Corpus ChristL TX 115 Items $50,042.27 PFG Victoria I TX 67 Items $52,221.41 Grand Total: $122,765.01 7. Motion approving the purchase of four (4) pickup trucks from Access Ford, Ltd., of Corpus Christi, Texas in accordance with Bid Invitation No. 81-0126-05, based on low bid for a total amount of $74,636. The vehicles will be purchased for the Fire Department. All four of the vehicles are replacements to the fleet. Funding is available from the FY 2004-2005 Capital Outlay Budget in the General Fund. (Attachment # 7) 8. Motion approving the purchase of twenty-two (22) automated external defibrillator sets from Cardiac Science, of Palatine, Illinois for a total amount of $41 ,090.50. The automated external defibrillator sets will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY 2004-2005. (Attachment # 8) 9. Motion approving a supply agreement with Allstates Coatings Company, of Glade water, Texas for approximately 21 ,250 gallons of pavement marking paint in accordance with Bid Invitation No. 81-0103-05 based on low total bid for an estimated annual expenditure of $118,990 of which $13,729.56 is budgeted in FY 2004-2005. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve- months periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been requested by Street Services for FY 2005..2006. (Attachment # 9) 10.8. Resolution authorizing the City Manager or his designee to accept a Coastal Management Program, Cycle 9 grant from the Texas General Land Office in the amount of $15,000 for a Bay Debris Feasibility Study in Corpus Christi, Texas, with a City match of $15,000 from No~ 3270 Seawall Capital Improvement Program Fund and a total project cost of $30,000. (Attachment # 10) .....y~ ~ ~T"" ~IE'. ~_ .~~:.j..:.I~~~:_~I~............~:......_.__ ..... ~.~. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 5 10. b. Ord inance appropriating a $15,000 Coastal Management Program, Cycle 9 grant from the Texas General Land Office in the No. 1058 Marina Grants Fund for a Bay Debris Feasibility Study in Corpus Christi, Texas. (Attachment # 10) 11 . Motion authorizing the City Manager or his designee to execute Amendment No.4 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $199,431 for a total re-stated fee of $1,179,650 on the Water System Interactive Hydraulic Model and Analysis Project for the Up River Road Water Transmission Line from Dona to 1 ,000- feet east of Navigation. (Attachment # 11 ) 12.a~ Ordinance appropriating $584,063.48 from unappropriated interest earnings and unappropriated miscellaneous revenue in the Convention Center 2002 Capital Improvement Program Fund No. 3181 for Bayfront Convention Center Air Handler Replacement, Phase 1 Project; amending FY 2004-2005 Capital Budget adopted by Ordinance No~ 026188 by increasing appropriations by $584,063.48~ (Attachment # 12) 12.b. Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $395,000 forthe Bayfront Convention Center Air Handler Replacement, Phase 1. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Change Order No~ 5 to a construction contract with Bay, Ltd~, of Corpus Christi, Texas in the amount of $135,416 ~56 for the Laguna Shores Road Reconstruction Project from Mediterranean to Caribbean. (BOND ISSUE 2000) (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Change Order No. 7 to the construction contract with Haas- Anderson Construction, Ltd~, of Corpus Christi, Texas in the amount of $84,290 for the Horne Road Street Reconstruction Project from Ayers to Kostoryz. (BOND ISSUE 2000) (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 6 15. Motion authorizing the City Manager or his designee to execute a Contract for Project Management Services in the amount of $1 , 158,000 with Anderson Group Construction Management, Inc. f of Corpus Christi, Texas for various Capital I mprovement Projects associated with the 2004 Bond Election; subject to availability of funds~ (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial, Inc. of Corpus Christi, Texas in the amount of $471,600 for the Corpus Christi Marina Development Project (Peoples Street T -Head}/Marina Boater's Facility. (Attachment # 16) 17. a. Ordinance rescinding Ordinance No. 026247 which appropriated $402,233.80 from the unappropriated interest earnings from Street 2000 Capital Improvement Program Fund 3411 Band appropriated $202, 169~ 13 from the unappropriated interest earnings from Street 2001 Capital Improvement Program Fund 3540 for the Cimarron Boulevard Improvements Project, Phases 1 and 2; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93. (Attachment # 17) 17 ~ b. Ordinance rescinding Ordinance No. 026248 which appropriated $87 ,045~36 from the unappropriated miscellaneous revenues from Street Capital Improvement Program Fund 3530, appropriated $201 ,753~69 from City Hall Capital Improvement Program Fund 3160 and transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Doddridge Street Improvement Project; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $490,552.74. (Attachment # 17) 17.c. Ordinance rescinding Ordinance No. 026249 which appropriated $536,350 from City Hall Capital Improvement Program Fund 3160, transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Neighborhood Street Reconstruction Project; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,072,700. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda su m mary) Agenda Regular Council Meeting June 28, 2005 Page 7 17.d. Ordinance rescinding Ordinance No. 026262 which appropriated $196,385 from City Hall Bond Fund 3160t transferred to and appropriated in Library Capital Improvement Program Fund 3120 for the Northwest Library Expansion; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $392,770. (Attachment # 17) 17.8. Ordinance rescinding Ordinance No. 026276 which appropriated $423,830.30 from City Hall Capital Improvement Fund 3160, transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Up River Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No~ 026188 by increasing appropriations by $847,660.60. (Attachment # 17) 17 af. Ordinance rescinding Ordinance No~ 026284 which appropriated $298,809 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $298,809 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Project Fund 3530 forthe Greenwood Drive, Phase 1 Street Improvement Program; amended FY 2004-2005 Capital Budget adopted by Ordinance No~ 026188 by increasing appropriations by $597,618. (Attach ment # 17) 17.9. Ordinance rescinding Ordinance No. 026285 which appropriated $423,980 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $423,980 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Program Fund 3530 for the Laguna Shores Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $84 7 ,960~ (Attachment # 17) 17.h. Ordinance rescinding Ordinance No~ 026286 which appropriated and approved the transfer of $173,502 from the unappropriated interest earnings in the Water Capital Improvement Program Fund 4084 to and appropriated in the Street Capital Improvement CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 8 Program Fund 3530 for the Cliff Maus Road Improvements Project Phases 2 and 3; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $347,004. (Attachment # 17) 18. Ordinance authorizing the City Manager or his designee to execute a five-year lease with Brian Carson, doing business as Carson's Deli and Catering, forthe use of Merriman-Bobys House in Heritage Park, to operate as a food service operation, in consideration of monthly payment of greater of 10010 of monthly gross sales less sales tax or minimum monthly rental fee of $500~ (Attachment # 18) 19~a~ Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement with Yorktown 080 Joint Venture, owner and developer of Rancho Vista Unit 1 subdivision located east of Rodd Field Road south of Yorktown Boulevard for the installatjon of 740 linear feet of a 12-inch PVC water grid main. (Attachment # 19) 19.b~ Ordinance appropriating $75f232~80 from the Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 740 linear feet of a 12-inch PVC water grid main to develop Rancho Vista Unit 1 Subdivision~ (Attachment # 19) 20. First Reading Ordinance - Authorizing the City Manager or his designee to execute a lease with the United States Department of Transportation, Federal Aviation Administration, in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015. (Attachment # 20) I. PUBLIC HEARINGS: 21.8. Public hearing to consider abandoning and vacating 8,283.77- square feet of a 15.foot wide alley right-of-way between Lots 1...11 and 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street). (Attachment # 21) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 9 21. b. Ord inance abandoning and vacating 8,283.77 -square feet of a 15-foot wide alley right-af-way between Lots 1-11 and 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street); su bject to owner's compliance with the specified conditions. (Attachment # 21) J. ZONING CASES: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 22~ Council consideration of an appeal by SDI Realty of a Development Services Department decision denying multiple driveway accesses on Airline Road to the proposed Padre Commons Plaza Development (Shannon Middle School Tract, Block 1, Lots 2, 3 and 4) located south of South Padre Island Drive east of Airline Road at 1502 Airline Road. (Attachment # 22) - 23. Resolution authorizing the City Manager or his designee to approve the FY 2005-2006 Budget for the Corpus Christi Crime Control and Prevention District. (Attachment # 23) 24~ Resolution authorizing the City Manager or his designee to submit a grant application to United States Tennis Association (USTA) for a Tennis in the Parks Grant in the amount of $100,000 for reconstruction of courts at the HEB Tennis Center, with a City match of $500,000 in the Bond 2004 Fund and a total project cost of $600,000. (Attachment # 24) 25. First Reading Ordinance - Waiving the 60-day waiting period and publication of legal notice; renaming the park at 2120 Hudson St~ from Midway Park to Nancy Todd Garrett Memorial Park. (Attachment # 25) K. PRESENTATIONS: Public comment will not be solicited on Presentation items~ 26~ 4th of July - Big Bang Celebration Presentation by Mayor's Planning Committee (Attachment # 26) ......-. ............... --- --. ... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 1 0 27. Third Quarter FY 2004-2005 Budget/Performance Report (Attachment # 27) 28. Third Quarter Report of the Health Benefits/Risk Management Fund (Attachment # 28) 29~ Update on the design, implementation and evaluation of the Wireless Fidelity (WiFi) and Automated Meter Reading (AMR) pilot projects. (Attachment # 29) L. SPECIAL BUDGET PRESENTATION: 30. Overview of Proposed FY2005-2006 Budgets for Internal Service, Special Revenue and Debt Service Funds. (Attachment #30) M. 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 LI.MIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address~ If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted sa dirige a la junta y cree que su ingles as Iimitado, habra un interprete ingles-espanal en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL SERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 28,2005 Page 11 N. 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 eJects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 31. Executive session under Texas Government Code Section 551.072 regarding the acquisition of property for a new wastewater treatment plant, with possible discussion and action related thereto in open session~ o. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concems,~ current topics raised by media; follow-up on Staff assignments; scheduling offuture Council meetings and activities,~ and other brief discussions regarding city-related matters. 32~ LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79th Texas Legislature. 33. CITY MANAGER'S REPORT * Upcoming Items 34. MAYOR'S UPDATE 35~ COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to tegend at the end of the agenda summary) Agenda Regular Council Meeting June 28, 2005 Page 12 o. ADJOURNMENT: POSTING STATEMENT: Th is agen da was posted 0 n the City's officia I bu I! etin board at th e fron t entra n ce to City Halll 1201 Leopard Street, at 3:00 p.m., June 24th, 2005. ~~~~~ rmando Chapa -- City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www..cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 21, 2005 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern Brent Chesney Council Members: Melody Cooper (Arrived at 10:05 a..m.) Jerry Garcia Rex Kinnison Bill Kelly Jolm E~ Marez Jesse Noyola Mark Scott City Staff: Assistant City Manager Ron Massey City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT City Manager George K.. Noe Mayor Garrett called the meeting to order in the Council Chambers of City HalL The invocation was delivered by Pastor Bubba Stahl of First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of June 14, 2005.. A motion was made and passed to approve the minutes as presented. ***...******* Mayor Garrett called for consideration of the consent agenda (Items 2-10). There were no comments from the public or the CounciL A motion was made and passed to approve Items 2 through 10, constituting the consent agenda.. City Secretary Chapa polled the Council for their votes as follows: 2~ MOTION NO. 2005-191 Motion approving a supply agreement with Brance-K.rachy Co., Inc., of Houston, Texas, for approximately 402 magnesium anodes in accordance with Bid Invitation No. BI-OI08~05 based on low total bid for an estimated semi-annual expenditure of $53,582~30 of which $8,810.34 is budgeted in FY 2004-2005. The term of the supply agreement will be for six months with an option to extend for up to four additional six-month periods subject to the approval of the supplier and the City Manager or his designee.. Funds have been requested by the Gas Department for FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting June 21, 2005 - Page 2 3.a. RESOLUTION NO. 026306 Resolution authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of$6, 190 to Contract No~ 771-05040 with the Texas State Library and Archives Commission for the purchase of a new photocopier and networked printer for the Interlibrary Loan Center~ The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.b. ORDINANCE NO. 026307 Ordinance appropriating an additional amount of $6, 190 in an amendment to Contract No. 771-05040 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for the purchase of a new photocopier and networked printer for the Interlibrary Loan Center. 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". 4~ MOTION NO. 2005-192 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Russell Corrosion Consultants, Inc., of Simpson viI Ie, Maryland in the amount of $64,926 for a total restated. fee of $299,650.40 for the Mary Rhodes Pipeline Corrosion Protection, Phase 2. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". s. MOTION NO. 2005-193 Motion approving the application from The American Bank Center in association with Special Olympics Texas to temporarily close the following street section for the Texas Bayball Ballyhoop Tournament: * The northernmost end of Shoreline Boulevard, directly east of the Convention Center, beginning at the intersection of Fitzgerald Street and Shoreline Boulevard northward, beginning at 6:00 a.m., Thursday, July 28,2005 until 6:00 am., Monday, August 1, 2005. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ,...- '.~" ._---... ._- ...- Minutes - Regular Council Meeting June 21,2005 - Page 3 6. MOTION NO. 2005-194 Motion authorizing the City Manager or his designee to execute Change Order No.. 1 to the construction contract with Laughlin- Thyssen, Inc., of Houston, Texas in the amount of $41,703.56 for the Southside Transmission Water Main, Phases 4 and 4A. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting '''Aye''. 7. MOTION NO~ 2005-195 Motion authorizing the City Manager to execute a Deferment Agreement with D & J Land Company, developer of Padre lInters tate 37 Business Park Unit 2, Lots 1, 2, and 3, Block 1 located south of Interstate Highway 37 and west of Lantana Street in the amount of $138,827.05 for on-site public improvements including street pavement, curb, gutter and sidewalks, storm sewer lines and water mains to serve Padre/Interstate 37 Business Park Unit 2, Lots 1, 2, and 3, Block 1, in accordance with the Platting Ordinance Section V-Required Improvements Subsection A.3b). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8.a. MOTION NO. 2005-196 Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement submitted by the Corpus Christi Retirement Residence Limited Partnership, owner and developer of the Corpus Christi Retirement Residence Addition, Block 1, Lots 1, 2, and 3, located north of Lipes Boulevard and west of South Staples Street for the installation of 290 linear feet of a 12-inch PVC water grid main~ The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8.b. ORDINANCE NO. 026308 Ordinance appropriating $14,104 from the Arterial Transmission and Grid Main Trust Fund No.. 2090104030 to pay developer reimbursement request for the installation of290 linear feet of a 12-inch PVC water grid main to develop the Corpus Christi Retirement Residence Addition, Block 1, Lots 1, 2, and 3. 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". .. ....~........ ~.............. .-......... ...\wr." ............... ~(o~~.....,....:...............~~I...:........... l."rf'-oofI'DMo....,..., I..... _ I. I Minutes - Regular Council Meeting June 21, 2005 - Page 4 9. ORDINANCE NO. 026309 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 Salt Flat Drainage Outfall right-of-way for approximately 90- feet and approximately 700- feet north of the Union Pacific Railroad right-of-way; establishing a fee of$240~ 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". ] O. ORDINANCE NO. 026310 Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, and Open Space Master Plan by amending Subsection 10 of Section 8~2 by adding provisions for playground equipment and green spaces in neighborhood parks; reconfirming the top ten list ofhighest priority recreation facility needs in Section 9.2; providing for repeal of conflicting ordinances. (First Reading 6/14/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ************* Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0505-03.. 1st Community Bank: A change of zoning from a "R-IB" One-family Dwelling District to a "B-1 It Neighborhood Business District. The property is in Gardendale Unit 2 Subdivision, Block 8, Lots 33 and 34, located along Bonner Drive and 175 feet east of Everhart Road~ Council Member Garcia stated that he was abstaining from the vote and discussion on this item. City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AB" Professional Office District with a Special Permit subject to (8) eight conditions. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting June 21, 2005 - Page 5 11 ~ ORDINANCE NO~ 026311 Amending the Zoning Ordinance, upon application by 1 5t Community Bank, by changing the zoning map in reference to Gardendale Unit 2 Subdivision, Block 8, Lots 33 and 34, be rezoned from "R-IB" One-family Dwelling District to an "AB" Professional Office with a Special Permit for a motor bank as an extension of the existing bank along Everhart Road, a parking lot and office uses subject to a site plan and eight (8) conditions; 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, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Garcia abstained. Mayor Garrett referred to Item 12, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0505-05" Oak Properties: A change of zoning from an "A-l n Apartment House District to a "R-l B" One-family Dwelling District. The property is 19.96 acres out of Flour Bluff and Encinal Fann and Garden Tracts, Section 48, Lots 31 and 32, located along the northeast comer of Flour Bluff Drive and Don Patricio Road~ City Secretary Chapa said the Planning Commission and staff recommended the approval of an "R-IB" One-family Dwelling District as submitted. No one spoke in opposition to the zoning change. Mr~ Scott made a motion to close the public hearing, seconded by Mr. Chesney, and passed~ City Secretary Chapa polled the Council for their votes as follows: 12~ ORDINANCE NO. 026312 Amending the Zoning Ordinance, upon application by Oak Properties, by changing the zoning map in reference to being 19.96 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lots 31 and 32, from "A-l It Apartment House District to "R-l B" One-family Dwelling 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 13 regarding parking prohibitions on designated streets near the arena and Whatabmger Field (north of IH-37). Assistant City Manager Massey stated that the Council authorized the city's traffic engineer to temporarily restrict parking in this area to facilitate the traffic flow and address parking needs in this area.. He said staff was now proposing Minutes - Regular Council Meeting June 21, 2005 - Page 6 that a number of these parking restrictions become permanent, and thus was requesting amendments to the city's ordinance governing parking prohibitions.. City Engineer Angel Escobar explained city staff, in conjunction with management officials from the American Bank Center, Old Concrete Street Amphitheater, the Port of Corpus Christi, and Whataburger Field, had developed a comprehensive traffic control plan to minimize traffic congestion and traffic hazards for the public attending the special events occurring in the area north ofIH-37. As part of the overall traffic control planning process, he said parking restrictions were being recommended on portions of East Port Avenue, Hirsch Street, Sam Rankin Street, Brewster Street, North Tancahua, North Mesquite Street, and North Chaparral Street as follows: 1. East Port Avenue, north side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street~ 2. Sam Rankin Street, both sides, from East Port Avenue to Brewster Street. 3. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street. 4~ North Tancahua Street, both sides, from East Port Avenue to U.S. 181" 5. East Hirsch Street, both sidest from North Mesquite to North Chaparral Street. 6. North Chaparral Street, both sides, from U.S" 181 to I"H. 37 7. North Mesquite Street, both sides from U"S. 181 to I"H" 37 (between 5:30 p.m. and 2:00 a.m.) 8. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east (from 5:30 p.m. to 2:00 a.m.) Mr.. Noyola asked why staff was restricting parking on Brewster Street, because he had never seen a problem with through traffic in this area when events were taking place at the arena and baseball stadium. Mr. Escobar replied there were still problems when people tried to exit by moving the banicades and then entering the flow of traffic in that area. Mr. Noyola said most people leave the Whataburger Field parking lot and exit on Port Avenue" Mr. Escobar replied throughout the last two weeks, staffhad done daily spot checks to check the public's use of side street parking" They concluded there was very little use of side street parking, and it had not caused a problem. He also said staffhad not heard any complaints during the temporary parking restriction period. Mr. Noyola spoke in favor of allowing side street parking on Brewster Street for those individuals who did not want to pay for parking at the baseball stadium.. Mr. Noyola also asked if the area on North Mesquite Street was residential. Mr. Escobar replied affirmatively, saying the area was not zoned for residential use, but there were residences in that location. Mr. Noyola asked if the city had the right to tell a homeowner that they could not park in front of their home. Mr. Escobar replied affirmatively, but said staff had done a study to see if residents could use off-street parking (e.g. driveways) or possible use of side street parking (e.g. Palo Alto Street or Resaca Street). In addition, he said the city conducted a public hearing at the Transportation Advisory Committee meeting on May 23, 2005. Staff sent out 109 notices to affected property owners, but only one individual, Ms. Beverly Randolph of 1319 Chaparral, attended. Ms. Randolph felt she would be adversely affected by the proposed parking restrictions. Mr. Escobar stated she would be losing one parking space in front of her home as a result of the parking restrictions. He noted, however, that she did have off street parking that could accommodate three vehicles. Minutes - Regular Council Meeting June 21, 2005 - Page 7 Mr. Noyola was concerned about establishing parking restrictions in front of people's homes or businesses because it would inconvenience them~ He said the low turnout for the public hearing was not always indicative of public opinion on an issue. Mr. Garcia agreed with Mr~ Noyolats concern about residential areas, cautioning staff against drawing final conclusions from the low turnout at the public hearing. Mr. Escobar replied the main reason staff was recommending the parking restrictions was to promote traffic safety. He said it was unsafe to have people walking between parked cars after a special event. Mr. Scott acknowledged that the parking restrictions would affect residents in the area, but in the end staff's recommendations seemed to serve the greater good. He also said the restrictions should not affect area businesses because they were required to provide off-street parking.. Mr. Garcia asked if staff had any other suggestions on how to mitigate the parking restriction effects on residences. Mr.. Escobar replied staff had originally recommended no parking on N. Mesquite at all times.. However, to accommodate the residents in the area, staff developed a compromise measure that only limited parking between the hours of 5:30 p.m. and 2:00 a"m. Mr.. Escobar reported the Transportation Advisory Committee voted unanimously in favor of the proposed parking restrictions.. He also stated the temporary parking restrictions had been in effect since April 23, 2005, and staffhad received no known complaints. In conclusion, he said staff was recommending the approval of the parking restrictions as presented. Mayor Garrett asked for public comment. Mr. Joe McComb stated his warehouse was located at the comer of Power and Tancahua Streets for the last 50 years. He spoke against the proposed parking restrictions because they adversely affected his business. He said he had made several attempts to discuss his concerns with the engineering firms (namely Govind and Associates and Mr. Phil Beck) and city staff in charge of the work since he first heard about the project in June, but had been unsuccessful in having his concerns addressed.. He said his property was zoned an "1- 2" Industrial District, so he did not understand why the city had installed curb, gutters, and sidewalks along Tancahua Street. The curbs and gutter restricted his access to his four entrances on Tancahua Street, and the city had not provided curb cuts~ He asked the Council to provide his business with some relief. Mr.. Chesney asked why the city had not provided Mr. McComb's property with curb cuts. Mr. Escobar replied it was a safety issue~ saying there was only ten feet from the easement to the west side ofTancahua Street.. He said there was insufficient room to allow a truck to back up into the warehouse to load or unload without having the cab protrude into the street.. He noted that the east side ofMr.. McComb's property, near Hwy.. 181, had four doors which were much safer to access. Mr. McComb replied that Mr. Dusty Durrill had pmchased the adjoining property on the east side and planned to barricade it off once the constructions was completed to provide more parking for his events. Thus, his access to the east side of his property would also be hindered. Mr. Chesney felt that the city should find a way to provide Mr. McComb with access to his building. Mr. Noyola stated Mr. McComb should have notified the Council sooner about his concerns. Mr. McComb replied he thought it was more appropriate to attempt to address the issue with staff first before coming to the Council. He said he had also spoken with Mr. Ricardo Guzman in Minutes - Regular Council Meeting June 21, 2005 - Page 8 Engineering about the problem. Mr~ Guzman acknowledged that Mr~ McComb had a problem, but they had not come to a resolution~ Mr. Garcia commented that Mr~ McComb had mentioned the problem to him at a function some time ago~ He asked Mr. McComb ifhe had any suggestions on how to rectify the problem. Mr~ McComb replied he and Mr. Guzman had discussed the possibility of installing a drive to allow the trucks to pull in parallel. Mr. Garcia spoke in favor of tabling this item to allow Mr.. McComb and city engineering to further negotiate the issue. Mr. Scott commented that Mr.. McComb could have come fonvard with his concerns sooner, during the design phase of the project. He stated that the traffic on Tancahua Street has probably increased since the 1950s, and while it had been acceptable to block the street while backing up trucks previously, it probably was not safe now.. Mr~ Scott asked if the city were to allow Mr.. McComb's trucks to pull up parallel, then would it be acceptable if he were to block the sidewalk.. Mr.. Escobar answered the city could provide a curb cut to allow the trucks to pull in or drive into the warehouse. Mr.. McComb stated he would prefer a solution that would not cost him a substantial amount of money. Mr.. Chesney stated he thought the discussion had reached an end, and asked that Mr. Garcia be allowed to make a motion to table the item to a date specific. Mr. Garcia made a motion to table this item until July 12 to allow Mr.. McComb and the city engineering department to extend their negotiations, seconded by Mr. Chesney, and passed.. 13..a~ TABLED UNTIL JULY 12.. 2005 OlditumGG amatdittg the Code OfOldiliMlCe5, Chaptcl 53 - TIaffiC, SGction 5J-252, SchcdttlG Ill, fmmtg fJlohibitcd at all tilllG! on cel1Ain 5tlCGts, h, ptobibiting patkil1& on the, followttlg Meet 5eGtiOl15. 1. East Potl Al"ll'tK, north. 5ide, frOl11 NOlth Mesquite StttGt to a ponlt 522 feet eMt of SMn Rankin Strcct, SOtttll 5ide, nom NOrdl MGsquik. Stteet to Sam Rankin Street. 2. Smn Rankin Street, boa} 5ides, nOl11 East r01t A"emte to Dle'WsteI St1"ct~ J. Dlew5tet Street, both 5idGs, flom NOI1h ChapanAl Street to SAtll R.atllcin S1.1Gct~ 4. North TanGahtJa Stice!, both .sidc.5, nonl Eam P01t Averrne to U.S. 181. 5. East IHrsGl1 Street, both sides, {lorn lkr.a.1l1 ~1G&quitG to North Chap41lal SUCGt. 6.. North Chapa1JM Street, both sides, nom u.s. 181 to IJI. 37, ptoviditlg for penaltics. 13.b.. TABLED UNTIL JULY 12.. 2005 OIdinance an1ettding ~ Code of OrditlallCGS, ChaptcI 53 - TrAffiG, S,ction 5)-25), Sclteduie {\7, stopping, standing, 01 pmking ploltibitcd durittg cel1a.in hours 011 cel1Ain streets, h, prohibiting pmmlg bGtween 5.JO p.m. mtd 2.00 4.111. 011 the following street sections. 1. North Mesquite Street, both sides fiom U.S. 181 to 1.11. J7. 2. :East Poll A"Glltlt, north side, &on} Sam RaDkin Street to A point 522 kG! GMt, pro tiding f~ ~11'1ltiG5. Minutes - Regular Council Meeting June 21, 2005 - Page 9 **********.*. Mayor Garrett opened discussion on Item 14, the ordinance calling a special election on September 10, 2005 regarding the prohibition of smoking in all restaurants. City Secretary Chapa explained these were basically the same arrangements made during last April's election.. He said all the polling places were the same, with no major changes.. He noted there were a few minor changes in the mobile voting sites, including the addition of two locations on Padre Island~ During the early voting period, Mr.. Chapa stated that voting would be held from 7:00 a.m. to 7:00 p.m. on two days, pursuant with the new election law. He stated the city needed to call the election no later than next Tuesday; thus, staff was submitting the issue for the Councirs consideration a week early to allow time to prepare their submission to the U~S.. Department of Justice~ Mayor Garrett called for public comment Mr. James Skrobarcek expressed concern about the proposed ballot language, saying it did not reflect the language of the petition~ He said the petition called for the repeal of the smoking prohibition ordinance, but staff's proposed language was asking for an up or down vote on the ordinance. City Attorney Fischer replied case law did not require the city to reflect the petition language in its ballot language; rather, the law stated the ballot language needed to be sufficient to identify the measure fairly and to be neutral.. She said the proposed ballot language clearly identified the ordinance nwnber to eliminate any confusion.. Mr.. Abel Alonzo, 1701 Thames, asked if all the polling places were in public places.. Mr.. Chapa replied all the election day polling places were accessible to the public, but they were not all in public places; a few polling places were located in restaurants. Mr. Alonzo stated he thought it was essential that all the polling places be located in public places to ensure access for people with disabilities.. In response to Mr.. Chesney's question, Mr. Chapa replied there were several places in the city where there were no public facilities available, so staffhad to go with what was available.. Mr.. Chapa further stated all the city's selected polling places were based on the county's selections.. The county was charged with determining whether all the facilities were accessible to people with disabilities.. As far as staffknew, all the polling sites were accessible with the exception of Hilltop Community Center. He said staff was recently infonned the Hilltop facility itself was accessible, but the room in which voting was held was too small to be accessible. Mr. Chapa said staffbad discussed possibly relocating the polling place to Northwest Senior Center in the future.. The Hilltop Community Center had been used for many years, however, and the voters in the northwest area were accustomed to voting there. Thus, staff was hesitant to change the polling place site at this time. Mr. Kelly agreed.. Mr. Chapa also confirmed there were four election day polling place sites that were not public facilities, - three apartments and one restaurant, but these sites were accessible. Mr. Alonzo asked for a list of polling place sites.. Mr. Chapa said he would provide him with one. Mr. Bill Kopecky, 3609 Topeka, and Mr~ Clark James echoed Mr. Skrobarcek's concerns about the proposed ballot language" Mr. James stated the smoking prohibition ordinance affected facilities besides restaurants, such as private clubs and the racetrack. Ms. Crystal Lyons stated she and Mr. Alonzo had conducted an accessibility assessment of ten random polling places. Of those ten sites, only one was completely ADA accessible. She said Minutes - Regular Council Meeting June 21,2005 - Page 10 because the county had used the same sites for 20 years, it was a good reason to review the sites. She said the county did not verify the accessibility of polling places. She said the Human Relations department and the Committee for Persons with Disabilities was trying to have the city conduct some type of evaluation.. In response to Mr. Chesney's question, Mr. Chapa said there were close to 40 election day polling sites. Mr. Chesney said of the 40 sites, it appeared one of the sites was not accessible, Hilltop Community Center. He asked if the Council could vote on the ordinance as presented now, and then if Mr. Alonzo and Ms. Lyons found there were problems with other sites, could changes be made next week.. Mr~ Chapa replied the city's U.S.. Department of Justice submission was due next week after Tuesdayfs COlUlcil meeting, so changes to the ordinance could be made.. Mr. Kelly asked Ms.. Lyons what was wrong with the Hilltop Community Center in her assessment" Ms.. Lyons replied it was one of the worst sites she surveyed.. She said there was no accessible parking and there was limited public transportation to the site, but did not provide any more specifics. She said she had a detailed assessment she could show him.. Mr. Kelly expressed concern about changing the polling place site in the northwest area because it would lead to a loss of voters since they would not know where to vote. Ms.. Lyons stated the city had been asked to conduct an evaluation of the polling places, but the burden was always placed on the county. She said there were problems with the polling places~ Mayor Garrett stated staff would look at all the polling places to ensure that they were accessible to people with disabilities.. If some sites were not accessible, then he said the Council would tweak the ordinance. Mr. Marez spoke in favor of the proposed ballot language, saying he thought it was clear, fair and neutral.. Mr. Craig Smalley, 5728 Leopard, asked if it was possible for the Council to rescind the smoking prohibition ordinance rather than take the issue to a vote. City Attorney Fischer replied negatively t saying the Council had decided months ago to move fonvard with an election rather than rescind the ordinance. Mr. Smalley spoke against the language oCthe proposed smoking prohibition ordinance.. Mr. Skrobarcek stated the proposed ballot language was not neutral but misleading. He said the implementation of the smoking prohibition ordinance affected more than restaurants, such as the racetrack. Mr. Chesney stated the intent of the smoking prohibition ordinance was to prohibit smoking in restamants. He said the ballot language was stated as simply and unambiguously as possible.. Mr. Noyola spoke in favor of the proposed ballot language. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting June 21, 2005 - Page 11 14. ORDINANCE NO. 026305 Ordinance ordering a Special Election to be held on September 10, 2005, in the City of Corpus Christi on the question of prohibiting all smoking inside restaurants; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establislunent of branch early polling places; designating polling place locations; authorizing the City Secretary to contract with the Nueces COWlty Election Officer for equipment, supplies, and printing necessary to conduct the election; enacting provisions incident and relating to the subject and purpose of this ordinance. 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 the presentations on the day's agenda. The first presentation was a quarterly report from the Corpus Christi Regional Economic Development Corporation (EDC)~ Assistant City Manager Massey commented that this would be EDC President and CEO Ron Kitchens' last presentation to the Council. Mr. Kitchens updated the Council on the attendance rates of Whataburger Field. He said Whataburger Field was ranked eighth highest in the nation for attendance, despite the fact the team had played fewer games than all but two of the clubs above them. In addition, he said the Corpus Christi market was much smaller than the other stadiums in the Top 10 for attendance. Mr. Kitchens mentioned several articles in which the city was featured for its affordability and low average home price, and was named one of the best places to live on the coast in the United States. Mr. Kitchens also reported on the creation of 240 more jobs at APAC. He noted the company was uncertain whether it could expand in the future because there were not enough high school gradUates in the area. He stressed the importance of education to the area's workforce. He also briefly mentioned the status of the PDAXX project, a joint venture with the Port of Corpus Christi Authority, and the McTurbine project. Mr.. Kitchens annoWlced that next Wednesday, Mr. Joel Catkin, a college professor who writes for the Los Angeles Times and Money Magazine, would be speaking regarding the importance of a "sense of place" to a growing community. Mr. Kitchens introduced the new President and CEO of the EDC, Mr. Roland Mauer. He said the EDC had conducted a national search for a certified economic developer to serve as the new President and CEO. The EDC's Executive Committee reviewed the applicants, and Mr. Mauer was their choice. He had previously served as the President and CEO of the Research Valley Partnership in Bryan/College Station, TX. Mr. Mauer thanked the Council and told them he looked forward to the challenge and the opportunity to work with the City Council. Minutes - Regular Council Meeting June 21,2005 - Page 12 Mr. Scott thanked Mr.. Kitchens for his service.. He spoke in support of the PDAXX project, and pledged the city's support to help bring the project in.. Mayor Garrett also pledged his support for the project. Mra Scott also welcomed Mr. Mauer.. Mr.. Noyola thanked Mr.. Kitchens for his service. He congratulated Mr.. Mauer and welcomed him to Corpus Christi. ************. Mayor Garrett called for a brief recess to present proclamations and conduct a swearing-in ceremony ~ *.*********** The Council returned from recess, and Mayor Garrett called for petitions from the audience.. Mr~ Wayne Hodge asked how many police cadets were confirmed for the next police academy. Police Chief Pete Alvarez replied there 30 cadets confirmed for the August 7 academy, and an additional 15 cadets would be selected for another academy in February 2006, bringing the total number of cadets to 45. Chief Alvarez stated, however, the Police Deparbnent would need to take into account the attrition rate, which was anticipated to be 18 officers next year.. Mra Garcia asked if the attrition rate was accounted for in the budget. Assistant City Manager Martinez answered afImnatively.. Mra Hodge also requested that the city continue to conduct back-to-back academies to increase the number of police officers on the force.. Finally, Mr. Hodge asked the city to consider naming the police academies in honor of the late Officer John Messer. Ms. Elizabeth Armadillo, 2718 Antelope, and Ms. Tammy Castillo, 5417Y2 Eden Lane, spoke against the $1 fee the city was charging summer participants at the Ben Garza and T.C. Ayers Recreation Centers, saying it was excessive. Director of Parks and Recreation Sally Gavlik stated this was the second year the fee had been implemented, and the proceeds were used to fund summer programs. She said she had not heard any complaints about the fee except from these two ladies.. Ms. Armadillo contended that the recreation centers were turning away 80 to 100 participants because of the fee, which Ms.. Gavlik disputed. Mayor Garrett asked staff to look into the matter. ***.********* Mayor Garrett called for another brief recess. ************* The Council retwned from recess. Mayor Garrett referred to Item 16, a presentation on the re-use of the Memorial Coliseum. Assistant City Manager Oscar Martinez presented a draft Request for Qualifications (RFQ) that staff was considering for the coliseum re-use project He said the goal was to identify any interested parties or their agents who may be capable ofbrokering an agreement Minutes - Regular Council Meeting June 21,2005 - Page 13 with one or more developers to propose and implement a coliseum re-use and rehabilitation project. Mr. Martinez reported that a 2003 study commissioned by the city determined that the coli sewn facility was structurally sound; and that rehabilitation and re-use was, a cost-effective option. Mr.. Martinez provided brief background on the facility. The facility is approximately 50 years old and contains approximately 73,500 square feet of total space. There were 2,615 permanent seats available with the potential of approximately 5,300 seating capacity using movable chairs in the arena area. Mr. Martinez also briefly reviewed a slide of the floor plan. He noted the building was located on approximately 8 acres of land including parking, and was located in relatively close proximity to the American Bank Center, Whataburger Field, and the downtown area, among other facilities. Finally, Mr. Martinez emphasized any development proposal must be in accordance with the Bayfront Master Plan. Mr. Martinez discussed the RFQ selection process. He said after the city analyzed the RFQ submittals, a Request for Proposals (RFP) would be issued to selected developers and agents. In Stage 1, he said the city would assess the following criteria: the responsiveness to the RFQ; review infonnation in the submittal; contact companies for references and other data; and assess companiests demonstrated knowledge and development experience. In Stage 2, he said the city would issue an RFP from the short-listed finns; and assess qualifications and competence of company to perform required services. Finally, in Stage 3, he said the city would enter into negotiations with the selected company. In conclusion, Mr. Martinez reviewed the preliminary schedule as follows: July 1, 2005 - RFQ available for distribution; July 8, 2005 - pre-submission conference; July 31, 2005 "'" deadline for receipt of qualified statement; August 2005 - selection of fmalists; September 1, 2005 - interviews completed; September 21,2005 .. final selection; and October 31,2005 - negotiation of agreement. Mr. Kinnison asked how this process differed from what the EDC used when they looked for possible developers for the re-use of the coliseum or the site. Mr It Martinez replied to his knowledge the EDC's process was not as formalized, and this process would be more broadly advertised. He said the city would be targeting a specific group because they had already expressed interest. Mr. Kinnison asked him to name the group. Mr. Martinez replied several groups had expressed interest through the EDC. Mr. Kinnison asked Mr. Martinez to provide the list of the interested groups~ Mr. Kinnison asked Mr~ Martinez to provide information on the surrounding property in the packet so potential developers could incorporate this land into the project if desired~ Mr ~ Kinnison asked if staff had considered making the proposal more specific to convey the Council's vision regarding the coliseum re-use. Mr. Martinez replied negatively, but said the city could provide direction during the process of desirable outcomes for the re.use or rehabilitation of the arena. In response to Mr. Kinnison's questions, he said the RFQ would be publicized in trade periodicals and public notices in newspapers and also engage the EDC in disseminating the information. Minutes - Regular Council Meeting June 21, 2005 - Page 14 Mr. Scott commented staff had put this proposal together in response to the Council's direction in the Council Retreat to resolve the coliseum re-use issue by the end of the year. He expressed concern that the proposed time line was too tight. He said it might be preferable to allow companies 90 days to develop and submit a proposal.. He also advocated a national search for developers.. Finally, Mr~ Scott asked that staff involve the EDC in the process.. Mr.. Noyola stated he would like the Council to be involved in the review of the proposals and be involved in the selection process. He wanted the Council to be held accountable for the decision process, rather than staff. Mr. Chesney did not support this idea. Mr.. Kinnison also asked staff to include the EDC in the process. Mayor Garrett commented that he did not want the city to unnecessarily delay a decision on the potential coliseum re-use. ************* Mayor Garrett referred to Item 17, an overview of the proposed FY 2005-2006 budgets for the enterprise funds. Assistant City Manager Oscar Martinez explained the enterprise funds were comprised of funds operated more like private enterprises.. These funds are as follows: airport, water, gas, golf centers, marina, and wastewater.. He noted that the ambulance fund was no longer an enterprise fund because it was incorporated into the general fund~ He said water, gas, and wastewater comprised 93 percent of all enterprise funds.. To gauge the size of each department, he provided information on the number of full-time equivalents (FTEs) in the following departments: airport - 94 FTEs; the water department - 237 FTEs; golf centers - 22 FTEs; gas - 150 FTEs; and marina - 17 FTEs; wastewater - 177 FTEs.. He noted that four of the departments experienced decreases in their staffing levels this fiscal year.. Mr. Martinez briefly discussed the combined utility system revenues. In FY 2005, projected revenues were $148.4 million, and in FY 2006, projected revenues were $162.4 million.. He stated that this represented a 9.4 percent increase, but $5.7 million of that increase was tied to the rise in natural gas costs. The rest of the $14 million increase was due to customer base growth as the number of homes and businesses continued to expand. In addition, Mr. Martinez mentioned the" proposed FY 2005-06 utility rate adjustment of 5..75 percent to cover costs for the approved bond projects.. Mr. Martinez briefly reviewed the Capital Improvement Plan (CIP) the Council passed in March. The short-range plan covered a three-year period, and would be funded with the one year rate increase to begin next year.. Regarding the gas department, he said the major project was the Gas Automated Meter Reading Program, at a projected cost of $3 million over the next three years. In FY 2005..06, $1 million was being budgeted for the automated meter reading program. Regarding the stonn water short-range elP, there was $5,638,000 budgeted to cover utility relocation costs. He highlighted the costs of several large projects, such as the Lindale Area Drainage Project ($3.9 million), the Downtown Drainage Project, McNorton Channel Improvements ($2.3 million), and the Willow/Brawner Parkway Proctor Channel Outfall ($4.2 million). Mr. Scott asked for a status on the Rood Field Industrial Area Drainage Improvement project. Mr. Massey replied the project was still on..going, and the city was trying to get the powers of attorney from the Minutes.. Regular Council Meeting June 21, 2005 - Page 15 property owners. In response to Mr. Scott's question, Mr. Massey said the city had budgeted for the project, but would not spend any funds until the project was online. Regarding the wastewater short-range CIP, there was $749,500 budgeted in utility relocation costs in FY 2005-06.. He highlighted a number of major projects, such as the 050 Plant StructurallProcess Upgrade ($3.4 million); 050 Electrical Facilities Upgrade ($3.6 million); and the new Broadway Plant and Diversion project ($5 million).. Regarding the water short-range CIP, Mr.. Martinez stated there was $1.5 million budgeted for utility relocation costs in FY 2005-06. He highlighted a number of major projects, including the Southside Transmission Main ($18..2 million), the Automated Meter Reading Program ($4.3 million), and the O..N.. Stevens Plant ($8..3 million). Council members asked questions about the Automated Meter Reading (AMR) Program and the Padre Island Aquifer Storage Reservoir project~ In answer to Mr. Noyola and Mr. Kinnisonts concerns, Mr.. Massey stated staffwould be providing an update on the AMR/Wi-Fi program next week.. Mr. Martinez discussed the projected expenditures for the Combined Utility System, comprised of the gas, water, and wastewater departments.. Unlike the general fund, he pointed out that the major costs in this budget were for material and supplies, and capital improvement projects; personnel services was only 16 percent. By contrast, the general fund's personnel costs comprised 71 percent of expenditures. Regarding the water fund, Mr. Martinez noted their customer base had increased since 2002.. Water consumption was projected to increase in 2005 from approximately 33 billion to 35 billion gallons of water consumed. Mr.. Martinez discussed the key issues and major strategies and priorities of the following fund expenditures: water, gas, and wastewater ~ He also briefly mentioned the customer bases for the gas and wastewater departments. Council members asked questions about the large number of discOlUlect fees for delinquent water accounts. Mr.. Martinez covered the proposed budget for the marina fund. In FY 2005, marina revenues were projected to be $1 ~3 million, and $1.5 million in FY 2006. He noted a 12.3 percent increase in revenues was projected primarily due to anticipated slip rental increases and rate increases to fund the additional boat slips. Mr. Martinez then discussed the key issues and major strategies and priorities regarding marina expenditures. Mr. Martinez discussed the golf centers fund. He said in FY 2005, golf center revenues were projected at $1.949 million and $1.946 million in FY 2006. The largest drivers of revenues in this fund were the green fees and the golf cart rentals. He noted that the number of rounds played continued to decrease, but recent reports show that rounds played in the most recent months are exceecling the rounds played last year at this time. Mr ~ Martinez then discussed the key issues and major strategies and priorities regarding golf fund expenditures. Finally, Mr. Martinez discussed the airport fund. In FY 2005, revenues were estimated at $8.2 million and $8.4 million in FY 2006, an increase of about 3 percent. Unlike the other enterprise Minutes · Regular Council Meeting June 21, 2005 - Page 16 funds, he said the revenues for this fund were diversified. He noted that passenger enplanements had increased since 2003, a very positive trend. He then discussed key issues and major strategies and priorities regarding airport fund expenditures. Council members asked for the status of repairs on Runway 1331, saying that had received reports that its condition was adversely affecting small planes. In conclusion, Mr. Martinez covered the balance of the budget schedule as follows: June 28 - special revenue, internal service, and debt service funds overview; July 12 - public hearing; and July 19 and July 26 - first and second reading of budget adoption ordinance. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. Assistant City Manager Massey reported the Texas State Legislature had called a 3 O-day special session, which began today and ended on July 20, primarily to discuss education funding~ Other legislative issues being considered at Governor Perry's behest, however, were local property tax compression and local approval of property tax rates. This action could produce bills that would substantially lower the rollback rate and greatly reduce the number of signatures required for petitions calling for a rollback election. He said Mr. Tom Utter, Special Assistant to the City Manager, also reported there was some effort to open the session to telecommunications issues. Mr. Massey reported the next Neighborhood Pride Meeting would be held today at 6:00 p..m. at the Oso Recreation Center for residents in the area bordered by Whitaker, McArdle, and Rickey. Mr.. Massey referred to a memo detailing upcoming changes to the traffic patterns along Shoreline Boulevard. The changes would open up more the lanes adjacent to the seawall on Shoreline Boulevard (Schatzell to IH-37); and divert traffic one-way southbound on Water Street due to box work on Water and Kinney Streets near U & I Restaurant. Mayor Garrett questioned whether this plan was a good idea~ Mr. Massey replied the downtown drainage project and seawall projects complicated the plan, so there was no other option.. Mayor Garrett called for Council concerns and reports.. Mr.. Noyola asked for the status of his request regarding civil injunctions issued against gang members. City Attorney Fischer replied a report was included in the Council's packets. She said she would provide him with another copy~ Mr.. Scott spoke regarding the future TxDOT improvements to the Harbor Bridge, saying the city should pursue federal assistance to ensure a signature project. He also asked if the improvements to Whitecap Boulevard included sidewalks or a hike and bike trail~ He noted approximately 200 residents had signed a petition in support.. Mr. Massey replied he understood the city was seeking additional funding to try to accommodate this where possible. Mr. Scott and Mr~ Garcia stated City Manager Noe bad previously committed to adding a sidewalk with curb cuts. Mr. Massey said he would verify this with Mr. Noe upon his return~ Mayor Garrett asked for a time line on the project. City Engineer Escobar replied the project was scheduled to run from February 2006 throuah August 2006. Minutes - Regular Council Meeting June 21, 2005 - Page 17 Mr. Garcia spoke regarding a city job growth attraction team headed by Mr. Noe. He asked if the team was working with the EDC~ Assistant City Manager Martinez replied affirmatively. Mr. Garcia asked if the Council would be allowed to have input on the team. Mr~ Massey replied that normally, staffwould be providing progress reports and then would submit their recommendations to the Council for their input. Mr. Garcia also asked questions about a memorandum regarding foreclosed properties.. Assistant City Manager Margie Rose replied staff wished to inform the Council that a number of properties met the city's criteria for the in-fill lot program. As a result, they were pulled from the property resale list. There being no further business to corne before the Council, Mayor Garrett adjourned the Council meeting at 2:10 p.m.. on June 21,2005. ************* 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Omni Elevator, Corpus Christi, Texas, for elevator and escalator maintenance services in accordance with Bid Invitation No. BI-0050-05, based on low total bid, for a sixty-month expenditure of $444,540~OO of which $5,430.00 is budgeted for FY 04-05. The term of the supply agreement will be sixty months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. The service will be administered by Facilities Management. Funds have been requested by the various using departments in FY 05-06~ ****************************************************************************** Purpose: This contract will provide for maintenance, repairs and inspections of City elevators and escalators in order to ensure they are operating properly and in compliance with current ASME safety codes. The contract will be administered by Facilities Management and applies to elevators and escalators at the following locations: City Hall, American Bank Center, International Airport, Museum, Health Department, Ayers Service Center, Stevens Water Plant, Multi- Cultural Center, Central Library, Police Department, Parkdale Branch Library, Frost Building and the Greenwood Wastewater Plant. Maintenance, repairs and inspections will be provided under the terms of this contract when existing agreements expire in future fiscal years for the following locations: City Hall, Frost Building and the Greenwood Wastewater Plant. Previous Contract: All options to extend the previous contract were exercised, requiring that this service be re-bidA Bid Invitations Issued: 7 Bids Received: 4 Basis of Award: Low Total Bid - For reasons of public safety, regulatory control, technical oversight, quality assurance and administrative requirements, it is in the City's best interest to award this contract to a single contractor. Price Comparison: During the previous contract, the City experienced a comparative average price per year of $55,152. Current pricing has increased to an average price per year of $61 ,003 or 110/0. Funding: The amount of funds shown below is for the remainder of FY 04-05, beginning July 2005. Funds have been requested by the various using departments for FY 05-06 and will be requested for subsequent budget years. American Bank Center 4710-13600-530210 4710-13625-530210 $1,087.50 $1,087.50 Airport Building Maintenance 4610-35040-530210 1,750.00 Corpus Christi Museum 1020-13490-530210 200~OO Health Office Building 1020-12610-530210 1 OO~OO Mechanical Repairs 5110-40100-530210 23~33 Stevens Filter Plant 4010-31010-530210 150~OO Bayfront & Special Events Operation 1020-12930-530210 70.00 Central Library 1020-12800-530210 200~OO Police Building Maintenance & Operations 1020-11870-530210 750.00 Parkdale Branch Ijhrary 1020-12810-530210 11 ~67 Total FY 04-05 $5,430.00 Micha 1 B"arrera Procurement & Genera Services Manager w o z <( z W t- Z <( ~ 0:: o t- ~ ~t5 u ~ en....... w s:::: -.. 0 e:::u o .... r- m <t.~ >. 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Z 0:: W t- Z M ~ :) UJ U) => ~ ~ t- Z w ~ I- 0:: <( a... w o I t- ...J <( W I u1 0:: ill J- Z W o W u 5= cr: w U) (f) 0::: W >- <:( ill I- Z <( .....J n.. 0:: w l- e::( ~ en z w > w f- en ~ a:: w t- Z W o --.J <( ~ :::> ~ ....J => o t= ~ => ::E oj >- 0:: 4: 0::- 92 -J ....J <t 0:: ~ Z W o m I- Z w :2 I- 0:: <( a... w o UJ o :::::i o c.. 6 >- n:: ~ a:l .-J I o Z <( 0::: CO W ....J t3 ~ cc: <( CL <!) Z (5 ...J :J CO I- en o a:: u. N ...J ~ o I- r- z <( ....J Cl.. a: w ~ ~ W t- en <( $; o o o ~ z w w 0:: <9 M 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Koch Material, Corpus Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI-OII2-05, based on only bid, for an estimated annual expenditure of $50,950~OO of which $4,245 ~83 is for FY04/05. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee~ This material is used by Street Services for maintenance of City streets. Funds have been requested by Street Services for FY 05-06. ****************************************************************************** Purpose: The 88-1 emulsion oil is used by Street Services as a tack-coat for patch work on City streets. The City does not have a storage facility for this material. The supplier is required to dispense material into City trucks at a temperature between 160-1 70 degrees Fahrenheit and receive unused portions for credit. Previous Contract: The option to extend the current contract was not exercised due to the supplier's inability to maintain contract pricing, requiring the receipt of new bids. Bid invitations Issued: Two Bids Received: One Price Analysis: When compared to the previous contract, pricing has increased approximately 250/0. The price increase is due to the continued tight market for petroleum products. Award Basis: Only Bid. Historically, two local manufactures of emulsion oil have bid on this contract, Koch Materials and Texas Fuel & Asphalt. Texas Fuel & Asphalt no longer produce emulsion oil~ Funding Street Department 520130-1020-12430 FY04-05 $4,245.83 Michael arrera, Procurement & Gener Services Manager BID lNVITATION NO. 81-0112-05 BUYER: GABRIEL MALDONADO DATE: 5/26/05 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION KOCH MATERIALS CORPUS CHRISTI TX Unit I T ota J Description Qty. Unit Price Price 1 Emulsion OH (85-1 ) 50,950 Gar. $1 .00 $50,950.00 $509950.00 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one prisoner transport vehicle from Philpott Motors, Port Neches, Texas for the total amount of $3 ] ,600. 75~ The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC)~ This van is an addition to the fleet Funding is available from the FY 2004-2005 Police Grants Fund. ****************************************************************************** Purpose: This vehicle will be used by the Police Department to transport pnsoners~ Basis of Award: This vehicle is purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements~ Funding: Police Grants 1061-00000-550020-821001 $31,600.75 Michael arrera Procurement & Gene CITY OF CORPUS CHRISTt PURCHASING DIVISION BUYER - PAUL J. PIERCE ITEM DESCRIPTiON BID TABULATION 81-0131-05 Prisoner Transport Vehicle Philpott Motors PORT NECHESt TX Unit QTY. UNIT Price Extended Price 1. Prisoner Transport Vehicle Each $31.600.75 $31,600.75 T olat $31,600.75 5 .~ ..,_~~."."~.:...+:+._-#'.:r-._...rt y....."4-~. ~-. .....-:IiIIIIIII. I~~- ~::a.":Ir'".i.J.'~~.~ COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with EGW Utilities, Inc., Carrollton, Texas, for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in accordance with Bid Invitation No. 81-0113-05 based on low bid for an estimated annual expenditure of $147,809.60 of which $]2,317.47 is budgeted for FY04/05. The term of the contract will be for twelve months with an option to extend for up to two additional twelve- month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been requested by the Gas Department in FY 05-06~ ********************.********************************************************* Purpose: The pipe and fittings are used by the Gas Department for the construction of new gas lines and the maintenance of existing 1 ines ~ Previous Contract: The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: Sixteen Bids Received: Three Price Analysis: When compared to the previous contract, pricing has increased approximately 6%~ The price increase is partially due to a rising market for resin products.. Award Basis: Low Bid Funding Gas Department 520160-4130-34130 $12,317.47 C\:~/\\)~ ~I~ ~_., LJ')t/') 9~ ~= ~u: 9" - c: m < Cl) ~~ I- G) o~ - 0 ala.. o o <( t- Z ~z8 0:::0--1 I-<( ()~:2 CJ)>....J ='Q~ Q.."a:::t.() O:::zmo O-<{iD Ocn(9N LL <( .~ l?5 o~rr; .. \.JUJW >-O::>-t- t:::>:)<( oa..cao -0 Q) <IJ -ou ~ .C: ><)':(a.. t-w z o~ et::J- Q) O(f)~u U => C~I:: wO=>a.. Cl'JI cj "'C ~X~~ - I- c: +t: ~z~a.. -ow t:..... ...J....J - -.J to-- J-o ::::>O:::+oJ<D ~ 0:: .2 .g (9<(~a.. W() ~ c. ~ o 0:: C) o o o l() r"- eO ~ ,..- f;;Ft a o ~ N OJ N "'t""""' ;j; ....... ~2 => ....... Q) CD u.. ~ a o o o cry ~ ~ c o :;::; c. "C C) en Q) o Co ..c 0> :J e .c '+-# N -- ,..... ~j E Q) ~ ~ .,.- c: g ~ ~ Q) Q) o "Cc: (,) e- Q) oc: 8:z:JjQ. cO .2 r:- u~+JQ) CD .- *2 .g ~~::Jc.. o..::E "'C L{) Q) Q) m "'Co ~ c: .t: ~a.. ~ X 1.O t- W ~ Z 0 ~ 0::::1- +oJ Q) om .- u u=> C-c: wO =>0.. WI: 0 "0 ij ~>< Q) '"0(1) -t- C .g en ~ ~a.. wz -0 w t=~ -.J...,J ""--- i=...J :::>0 ...-. Q) ~~ .- 0 C 01:: (.9<( ::ta.. wu +-' .J:: WE u => co w ~ 0 co +J C") a ~ c ~ 0 ..c E- O> ::J -c: e u en .r:.. OJ .... 0 cnN C) -... ~ z ~ (/) N .~ a. ~ u:: en 0 E " CD 0 C) :::= N "'C Q) Q) -Co ~+E: X "S< a.. I-W z 0- 0:::1- O(l):!::!~ () => c.1:: wo::>a.. cnI o -0 ~x-8~ r-..... c:. t: ffjz~CL -OW t:t- ::! ...J _ I-....J =>o......w ~ ~ +2 .g <.94:::>0.. WU CW') c.. :::) o 0::: C) o -.::to ai l"- N ri ('f') o ~ ~ 'V r"'--- M N !j o <0 ai o OCt t;: ..... ...... .2 ::> .s:::. tJ ('tJ W o a::: <( s: <( -.J ~ o I- ~ ...., a o o f"'"- c o a .C: o tJ) Q) o w C) z ~<<> _..r: LLO'J Z ::J o~ - ~ ~.. en;'" z u; ~ -~ J-(f) E ~ o M 6 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-05-4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of$122,765.01 of which $20,460.84 is budgeted for FY04/05~ The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been requested by Senior Community Services in FY05-06. Ben E. Keith San Antonio" TX 42 Items $20,501.33 LaBatt Food Service Corpus Christi.. TX 115 Items $50,042.27 PFG Victoria. TX 67 Items $52,221.41 Grand Total - $122,765.01 ************************************************************************************** BACKGROUND: Purpose: These food items will be used by Senior Community Services for the Elderly Nutrition Program. ~rhe items are combined under a cooperative bid issued by the Coastal Bend Council ofGovenunents (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council on Aging, Community Action Corporation of South Texas, Duval County, Bee Community Action Agency, Kleberg County Human Services, Nueces County Senior Community Services, and Refugio County Elderly Services. Award Basis: The recommended awards are based on low bid and low bid meeting speci fications. Funding: Senior Community Services ENP 520070-1067-810805 MOW 520070-1067-810505 $16,777.89 3,682.95 Total: $20,460.84 Services Manager COUNCIL OF GOVERMENTS-STAPLES, MEAT & OTHER FROZEN FOODS Senior Community Services Bid Period Covering July 4,2005 .. December 30, 2005 Date: 6/18105 Bid Tabulation: CBCOGM05-4 Ben E. Keith San Antonio. Texas Canned Fruit. Canned Vegetables. DrJed Vegetable, Canned Meat, Cond iments, Dressi ng, Juices 1 Rei i sh es, Sp ices, Starches and Pasta, Sugar & Productst Miscellaneous Products, Beef, Fish, Poultry, Prepared Products, Frozen Vegetabfest and Dairy Products LaBatt Food Service CorDus Christi. Texas Canned Fruit Canned Vegetables, Dried Vegetablesr Canned Meat Condimentst Dressingr Juices, Soup & Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce; Beef, Fish, Pork, Poultry, Prepared Products Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products PFG Vlctoriai Texas Canned Fruit, Dried Fruitt Canned Vegetables, Dried Vegetables, Canned Meat, Condiments, Dressing, Juices, Oil and Shortening, Relishes, Soup & Bases, Starches & Pasta, Sugar & Products, Miscellaneous Products, Beef, Pork, Poultry, Prepared Productst Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Products Grand Total: $20,501.33 50,042.27 52,221.41 $122,765.01 7 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of four (4) pickup trucks from Access Ford, L TD, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-O 126-05, based on low bid for a total amount of $74,636. The vehicles will be purchased for the Fire Department. All four of the vehicles are replacements to the fleet. Funding is available from the FY 2004- 2005 Capital Outlay budget in the General Fund. ****************************************************************************** Purpose: These four (4) vehicles are replacements and will be utilized by the Fire Department in the day to day operations of the department. Replaced units are evaluated for potential reallocation to other departments and/or are disposed of through the City's standard surplus disposal procedures, including online and live auctions of vehicles. Bid invitations Issued: Ten Bids Received: Two Price Analysis: When compared to a similar item purchased in the current fiscal year~ pricing is stable. Award Basis: Low Bid Funding General Fund 550020-1020-12010 $74,636.00 TOT AL: $74,636.00 Michael arrera, Procurement & Ge eral Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO 06/15/05 BID TABULATION BID INVITATION NO. 81-0126-05 PICK UP TRUCKS ACCESS FORD, L TD CHAMPION FORD Corpus Christi, Texas Corpus Christi, Texas UNIT EXT. UNIT EXT. ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 1. Series (PU-1), 1/2 Ton Ext. Cab 2 EA $14,184 $28.368 $14,987 $291974 Compact Pickup, in accordance with Spec. No. 1014 Color- Bright Red 2. Series (PU-3HD), 3/4 Ton 4 x 4 2 EA 23, 134 46.268 23.142 46,284 Crew Cab Pickup, 6 1/2- Bed, in accordance with Spec. No. 1014 Color- Bright Red TOTAL $74.636 $76,258 8 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of twenty-two (22) automated external defibrillator sets from Cardiac Science, Palatine, Illinois for a total amount of $41,090.50. The automated external defibrillator sets will be used by Fire Department.. Funds have been budgeted by Fire Department in FY04-05. ****************************************************************************** Purpose: These automated external defibrillators (AEDs) will be used on all of the fire department apparatus that provides medical first response within the City of Corpus Christi. They will be replacements for current equipment that is no longer being serviced by the manufacturer. Award Basis: This purchase is exempt from the competitive bidding statutes as a procurement necessary to preserve or protect the public health or safety of the municipality's residents. Funding Fire Department 520090-1020-12010 $41,090.50 Micha ] Barrera, Procurement & Gener CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION POWERHEART AED G3 PRO BUYER: GABRIEL MALDONADO CARDIAC SCIENCE, INC. PALATINE, ILLINOIS ITEMT DESCRIPTION aTY UNIT UNIT PRICE TOTAL PRICE 1 Automated External Defibrillator including 22 EACH $1,867.75 $41 ,O90~50 rechargeable battery; battery charger kit, ECG Patient Man itori ng Kit ca rryi ng case t spa re battery and dafi bri Ilation pad s. 9 ~ ~..IdI-"~""""",.._ ~. ~. .......... ~:-II~I"""".~..~~"'" .~.~.:II:I.=- .........., COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Allstates Coatings, Co., Gladewater, Texas for approximately 21,250 gallons of pavement marking paint in accordance with Bid Invitation No~ BI-0103-05 based on low total bid for an estimated annual expenditure of $118,990~OO of which $13,729.56 is budgeted in FY 04/05. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been requested by Street Services for FY 05/06~ ****************************************************************************** Purpose: The pavement marking paint will be used by Street Services to mark city streets. Previous Contract: The option to extend the current contract was not exercised due to the vendor's inability to maintain current pricing. Bid Invitations Issued: 11 Bid Invitations Received: 6 Price Analysis: Pricing has increased 22% since the last contract of May 2004~ The vendor states the increase is due to the rising cost of raw material and transportation. Basis of Award: Low Total Bid: Ennis Paint, Inc.. submitted the low bid for item 2 at $5.57. Allstates Coatings Co.. submitted the second low bid at $5..68. The 2% difference does not justify awarding and administering two separate contracts~ Funding: Street Services 1020-12430-520130 $13,729.56 Michael Barrera Procurement & Gen i=z lJJo za~z ::z::t'-lo U>- cn.....f- ~~j =z~ o~= u~~ [:;08 ~~~ t::~ u ~ 8~ ~ ~~< ooo~ 02;<( z~u z<;:S Q~~ t- ~ ~~~ F ~ .. ~~~~ ~~::~ .,.--..-.-. ~" '__" ._ T ...... - 0 s (.,) o 'C ~Q... ~ (U :t -5~ ~o D.. ~ u ~~~~ r-tr.I r^ '3 ~ 'oN 0 'C ~E-~ u ~ l:f ti ~ - t; E ;;1 d 'C r!:~~Q. ~ ] 1j >( O'C V)~~Q. 1:: '@ ~ Q. 'C )(0 ..e :~ S :s gj ~ +c: .0 e-~ Q. Q8 u V'J ~ ~ .6~ ..... ~ ~ 4)~ 8" of r:n 0 ~e~ ~ ~ t: ez::~& "@ ~ ~~ - Q) .2 .g ~~ ";j ~ '0 'C f-c. u ~ rIJ 1: ~ . rn (1.l lU c... ~ '2 u f/J tI..I- -" . C .~ .~ ~ ~ UJJJJ o ...J~ U <u g1~f-C2 .9 ~ ~ ~ ~[- o _~ U ~ ~ ~ ~ 1) E v 'i:: .g ~"i:J~ <0 o o o o '.0 ~ 0\ ~ o \0 00 ~ o o ,0 t,f') a-.~ 00 ~ l,(') "1: r- fA -0 o :::) ~ 00 c5 t- fA- q-- v -.D ~ o o o "T Vl .-:- ...0 ~ ~ ..c c..q o o ~ o 0"- 6 ...0 ~ -q- I,(') v1 €;Ft o o o f"- a \0 ~ C t"~ . "1': Vl GI7 "2 ::J -i <C U o o ~. .G' o u v s::: ~ = o ".p ~ "t:: u 1;1) Q.) o ca {) V) IE) .5 r= ";; ~ ~ ~ :s- '@ ..s c iV 0 >-u 8 .a )00000I o ~ V) N - o t- o '1"1 00 o V'l- N \0- V... -...0 if) -.q- r-: 0- V"'l N o -..0 r-"' ~ r--- r---- vl o o v) 00 0-.. o V) !Xl - --0 V') N r-: r- O\~ V) ~ r""') ..-., r:-- ....... 'f"l --- . '.rJ o o o \0- 00- .0 ~ o 'X) ....0 v) ..j ..:( o o V'l \''!. oc 'U IU C ~ "@ o l.r'l I.r) .5 1:: If.l .@ ~ 0.. ~ ~ ";; 1: E :s 8 N o o o o o ~ o V) 00 0- o 6 o ~ .n V) .....0 r--.: o 0' 6 o -...0... o ~ '0 o o 6 -.0 f'"'l I"""') 00 \0 '-Ci o o ..0 ~ N f"I"") f"- a -.D o o 6 \0 0\.., ~ ........ o 00 0: I,f"'l ~ ~ \) o o o N ~ "ra ~ ~ o V) .S C "@ P-. ~ !""'l o o v) N t'--~ 00 {A- o V1 N t- oo~ V) ~ o l..r) N v o o M lA o ~ l.1l :lO oo~ rf"'l V't Vl N <=> f"""'I o o-~ ~ g = ~ 0"1 QQ f'"'II ..-Ill ~ Q.) ..c -~ ~oo e:;; .~ ~ .... t'tl t8-o "'OB E ~ ~ ..9 ..2 v E ~ e- rn o Z ~ '2 E (n d) -g 'c -E8~ "'0 ~ m g ~ "'0 .s ~ a "'0 01) .g ~ c v; .s ~ .n m ;:s ~ V} ca ~ ~ ~ o ~ Q z ~ ~ ~ co ~ u E- (/) 0 ~~ .~ ~ :i ~ ~,~ ".5 (5 u 1;; ~ ~ 0 V) ..: U :g c V"l ""'0 .Ct; ~ QJ ~ S u .~ ~ 5 2~~11 W r--: "- ~ \Fj""'d.t1 =~t(s ___ ~ N U Lii ~ o z 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to accept a Coastal Management Programf Cycle 9 grant from the Texas General Land Office in the amount of $15,000 for a Bay Debris Feasibility Study in Corpus Christi, Texas, with a city match of $15,000 from No. 3270 Seawall C I PFund, and a total project cost of $30,000. B. Ordinance appropriating a $15,000 Coastal Management Program, Cycle 9 grant from the Texas General Land Office in the No. 1058 Marina Grants Fund for a Bay Debris Feasibility Study in Corpus Christi, Texas; and declaring an emergency. ISSUE: The City of Corpus Christi has made application for "Coastal Management Program Cycle g'J grant funds to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration pursuant to the Federal Coastal Administration Award No~ NA04NOS4190058. The grant funds are limited to use for implementation of a coastal zone management project under the Texas Coastal Management Program, administered by the General Land Office, in coordination with the coastal Coordination Council. This grant will fund a Bay Debris Feasibility Study to determine a type of debris collection system to contain, collect and dispose of pollutants entering Corpus Christi Bay through several storm water outfalls located along the seawall and within the Corpus Christi Marina. REQUIRED COUNCIL ACTION: Acceptance of federal grant contracts and appropriation of grant funds require Council approval. FUNDING: The source of funding is from fund 3270 Seawall CIP for ongoing construction work associated with Contract Ie' Marina Reach, relating to discharge of storm water into Marina waters.A CONCLUSION AND RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of grant funds~ Attachments: Work Plan and Budget Attachment 11 Contract No. Oar:: -l'J ~~ Page ~ of ?~ .. Attachment A - Work Plan and Budget .Contract: 05-043 Project Name: Bay Debris Feasibility Study in Corpus Christi, Texas Entity: City of Corpus Christi Project Description: The proposed project is a feasibility study to determine a type of debris collection system to contain, collect and dispose of pollutants entering Corpus Christi Bay through several stonn water outfaIls located along the seawall and within the Corpus Christi Marina. The purpose of the study is the reduction or elimination of non.. source point pollution, floatables, and other litter entering the marina and Corpus Christi Bay through several storm water outfalls located along the seawall. Phase I of the project will be the feasibility study, which would include research and development and projected costs associated with the project to be constructed in future phasest The Corpus Christi Marina is a valuable asset in the City of Corpus ChristL Its position within Corpus Christi Bay amplifies the need for a clean and safe marina Corpus Christi Bay is a valuable ecological resource home to over 400 species of birds and a part of a complex ecological system, which supports various species of fish) shellfish, and fowl. This system provides a variety of other nutrients and a broader food web that reaches into the Gulf ofMexico~ This complex ecosystem supports a vast travel and eco-tourism industry, which generates approximately 10,790 jobs, $624.8 million in travel spending, and. $57..7 million in tax receipts each year. Unfortunately, the population and industry growth experienced along Corpus Christi Bay has also led to increased pollution carried into Cotpus Christi Bay via the storm water system~ Although increased public awareness campaigns and other non-point source . pollution prevention .practices are being utilized, debris continues to enter Corpus Cluisti Bay. This pollution threatens the ecosystem, habitats, and public health. Further, the economical impact to Coastal cities in the form of collection, handling, and disposal of debris is a burden that can be greatly reduced through improved containment applications. The eMP grant would assist the City of Corpus Christi to fund a ..study that would determine a type of device which would best suit the needs of Cotpus Christi Bay and the Corpus Christi Marina.. The study will determine best practices for containment,.coIlection, and disposal of floatable debris.. Furthermore, the study.should provide a sanitary as well as visually appealing containment system that is matched to the unique characteristics of Corpus Christi Bay arid the Corpus Christi Marina, The study would then produce the research and development necessary to design plans, specifications, and permitting requirements for future phases~ Attachment A Contract No. a,s-:"04<3 Page -'- of 2- Attachment A - Work Plan and Budget Project Budget: CMP Subrecipient Third Party Project Total Salaries $O~OO $2,187.00 $0.00 $2,187.00 Fringe $0.00 $394.00 $0.00 $394~OO Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $50.00 $0.00 $50.00 Equipment $0.00 $0.00 $0.00 , $0.00 Contractual $15,000.00 $9,669~OO $O~OO $24,669.00 Other $0.00 $2,700.00 $0.00 $2, 700~OO Subtotal: $15,OOO~OO $15,000.00 $0.00 $30,OOO~OO Indirect $0.00 $0.00 $0.00 $0.00 Total: $15,000.00 $15,000.00 $0.00 $30,000.00 Special Award Conditions: This project must be completed as described in this work plan. The GLO and/or NOAA must approve any changes. in the scope of work or budget requests that change the total project cost. Task 1 Description: Develop and post a Request for Prop.osals to hire a firm to conduct the feasibility study. DeliveralJle(s): Copy of cOntract with the selected firm. Deliverable Due Date(s): 2/28/2005 Task 2 Description: Study various options to contain, collect and dispose of floatable debris and prepare a draft and final report. Deliverable(s) : Copy of draft and final report Deliverable Due Date(s): 3/31/2006 RESOLUTION AUTHORIZING THE CITY MANAGER. OR DESIGNEE. TO ACCEPT A COASTAL MANAGEMENT PROGRAM, CYCLE 9 GRANT FROM THE TEXAS GENERAL LAND OFFICE IN THE AMOUNT OF $15,000 FOR A SAY DEBRIS FEASIBILITY STUDY IN CORPUS CHRISTI, TEXAS, WITH A CITY MATCH OF $15,000 FROM NO. 3270 SEAWALL CIP FUND, AND A TOTAL PROJECT COSTS OF $30,000 NOW, THEREFORE, BE IT RESOL veo BY THE CITY COU NeiL OF THE CITY OF CORPUS CHRlsn, TEXAS: SECTION 1. The City Manager, or designee~ is authorized to accept a Coastal Management Program1 Cycle 9 grant from the Texas General Land Office in the amount of $151000 for a bay debris feasibility study in Corpus Christi} Texas~ The City match for this grant is $15,000 in the No. 3270 Seawall CIP Fund, for a total project costs of $301000. SECnON 2. The City Manager, or designee, may reject, alter the terms of1 or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Seaetary APPROVED: 24th de Henry Garrett Mayor BayDebrisStudyG LOresolutioo.doc 2 Corpus Christi, Texas m ,2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John Marez Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott BayDebrtsStudyGLOresolution.doc ORDINANCE APPROPRIATING A $15.000 COASTAL MANAGEMENT PROGRAM, CYCLE 9 GRANT FROM THE TEXAS GENERAL LAND OFFICE IN THE NO. 1058 MARINA GRANTS FUND FOR A BAY DEBRIS FEASIBILITY STUDY IN CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $15,000 Coastal Management Program, Cycle 9 grant from the Texas General Land Office is appropriated in the No. 1058 Marina Grants Fund for a bay debris feasibility study in Corpus Christit Texas. SECnON 2. That upon written request of the Mayor or five Council membersl copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ] 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 24th day of June, 2005: 7Jl~ 'I -t;,4. Mary Fis. er City Attorney Henry Garrett Mayor BayDebrisStudyG LOord jnance . doc 2 Corpus Christi 1 Texas day of , 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi I 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 t\VO regular meetings: 1Jwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introducedJ or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Melody Cooper Jerry Garcia Bill Kelly Rex A~ Kinnison Jesse Noyola Mark Scott BayDebrisStudyGLOordinance.doc 11 AGENDA MEMORANDUM DATE: June 28,2005 SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) . Up River Road Water Transmission Line from Dona to Navigation AMENDMENT NO.4 ~DA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No~ 4 to the Contract For Professional Services with LNV Engineering in the amount of $199,431, for a total re-stated fee of $1,179,650, on the Water System Interactive Hydraulic Model and Analysis Project for the Up River Road Water Transmission Line from Dona to 1 ,DaD-feet east of Navigation. ISSUE: The existing water line on Up River Road from Dona to Navigation is old and located in highly contaminated soil. The water line serves the industrial part of the city, including refineries. Installation of a new water transmission line is critical so that water flows and pressures to the industrial area are maintained and to prevent water service disruption. The proposed Amendment No. 4 surpasses the maximum limit of $25,000 for an administrative approval; and therefore, requires Council Action. FUNDING: Funding is available from the FY 2004-2005 Capital Improvement Budget. REcpMMENDATION: Staff recommends approval of the motion as presented. , Eduardo Garafia, & E., Director of Water Department - ~hts ~ 9 I R. Escobar, P. E. irector of Engineering Services Add!tional Support Material: Exhibit "Au Background Information Exhibit "S" Location Map Exhibit "C" Contract Summary Exhibit "Dn Prior Actions H:\USERS2\HOME\VELMAP\GEN\W A TER\8467\AMENDMENT NO, 4 \AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No~ 8487) . Up River Road Water Transmission Line from Dona to Navigation AMENDMENT NO.4 PROJECT BACKGROUND: The original contract provided for preliminary phase services for the Interactive Hydraulic Model~ Council was advised that approval of a City-wide Interactive Hydraulic Model would be necessary to complete the project. This was not included in the original contract to allow an assessment of existing water system hydraulic capacity. Amendment No.1 consists of an updated interactive hydraulic model and analysis, that will be used to update the 1995 Water Master Plan and includes field verification of the CityJs distribution system; inventory/analysis of valve system; review of water delivery system; provide steady state/extended period simulation analysis; all deliverables to be compatible with the City's GIS and all databases generated will be compatible with various water system modeling software.. Amendment No. 1 provides for the: FOR INTERACTIVE HYDRAULIC MODEL: . Collection of the additional data required to build the Extended Period Simulation (EPS) capabilities into the Corpus Christi Water Model (CCWM). FOR LAGUNA MADRE CROSSING: . Preparation of contingency plans and negotiation of pre-positioned responses with United States Army Corps of Engineers (USACE) and Resource Agencies. . Minor tasks such as workshops, training and system improvements Amendment No. 2 provides for the development of Phase 1 qf contingency planning with federal and state agencies for the 050 Bay 3D-Inch Pipeline Crossing.. Contingency planning is necessary to allow the development of pre-negotiated responses with the U. S~ Army Corps of Engineers (USACE), resource agencies, and the U. S. Naval Air Station of Corpus Christi~ The existing Oso Bay 3D-Inch Pipeline Crossing provides water service to the Flour Bluff area and to Padre Island. in case of an emergency pipeline break of the existing Oso Bay 3D-Inch Pipeline Crossing, it is very important that a contingency plan of action and permit identification requirements be available for an appropriate response to correct the break in minimal time and prevent water service disruption. EXHIBIT "A" Pa e 1 of 3 H:\USERS2\HOME\VELMAP\GEN\W A TER\8487\AMOENDMENT NO _ 4 \AGEN DA BACKGROUND The Contingency Plan allows for the following: . Identify the most likely repair action and the possible effect . Identify and assess the range of likely impacts on each segment of the crossing for each type of repair actions. . Describe the likely impacts and appropriate environmental aspects of response, such as potentially applicable best management practices and reporting protocols~ . Acquire agency concurrence on Best Management Practices during construction and restoration plan, if sea grasses were present. . Mock Emergency Drill. . Coordinate with Naval Air Station-Corpus Christi for emergency tie-into their existing water distribution system to provide temporary feed to Flour Bluff and Padre Island Also, Amendment No~ 2 allows for a draft and final Contingency Plan and periodically review I update, and meet with the City staff as appropriate~ Amendment No. 3 is a zero-cost amendment that extends the time of the Extended Period Simulation (EPS) Model Development. The request for the time extension was due to the calibration data collection event being delayed to the first two weeks in September 2004, with a follow on effort related to data collection for the Large Volume User diurnal water use~ The Consultant undertook a new task to collect, evaluate, and incorporate this data in the EPS Model Calibration. With the additional work begin undertaken and the resulting delay, the Consultant anticipated needing a gO-day extension to complete this portion of the work. AMENDMENT NO.4: The existing water line on Up River Road from Dona to approximately 1 ,OOO-feet east of Navigation is old and located in highly contaminated soil. The water line serves the industrial part of the city, including refineries. Installation of a new water transmission line is critical so that water flows and pressures to the industrial area are maintained and to prevent water service disruption~ Design and construction of this project will complete the rehabilitation of the 20-inch water transmission main on Up River Road. Approximately 4,100 linear feet will be rehabilitated. The work to be performed is in a highly congested and contaminated area. Due to the contaminationJ close coordination between the City, Design Engineer, and the Texas Commission on Environmental Quality (TCEQ) must be performed. The contamination will also require determining ground water depths, amount of contamination, and alternative designs to compensate for the aggressive soil conditions. Amendment No. 4 provides for the rehabilitation, replacement or re-routing of approximately 4,100 linear feet of 20-inch water line from near Dona to approximately 1,OOO-feet east of Navigation~ Amendment No. 4 will provide Basic Services and Additional Services as follows: EXHIBIT "A" Pa e 2 of 3 H:\USERS2\HOME\VElMAP\GEN\W A TER\8487\AMDENDMENT NO _ 4 \AGENDA BACKGROUND Basic Services 1. Preliminary Design Phase 2. Design Phase 3. Bid Phase 4~ Construction Phase Additional Services (ALLOWANCE) 1. Permitting 2. Topographic Survey 3. Environmental Issues 4. Warranty Phase Services 5. HydroExcavation for Utility Improvements CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as Exhibit "en. EXHIBIT "A" Pa e 3 of 3 H :\USERS2\HOME\VELMAP\GEN\W A TER\84B7\AMDENDMENT NO _ 4\AGENDA BACKGROUND File : \ Mproject \councilexhibits \exh848 7/6 f 41.dwg PROJECT LoeA TION ~ N SAN PA TR/C"'C) COUNTY ~ 0::: CORPUS CHRISTI BAY LoeA TION MAP NOT TO SCALE rT~ / ~-j PROJECT LOCATION ~ & EXTENTS ~ N ~. '~, -_..._.~ r e ~ VICINITY MAP NOT TO SCALE CITY PROJECT No. 8487/6141 EXHIBIT -B. WA TER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANAL YSIS PROJECT FOR THE UP RIVER ROAD WA TER TRANSMISSION LINE FROM DONA TO NA VIGA r/ON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06-22-2005 ~ -- - -- - ~ - ~~~~"""1"" CONTRACT SUMMARY AMENDMENT NO.4 WATER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANALYSIS (PROJECT NO. 8487) Up River Road Water Transmission Line from Dona to Navigation BASIC SERVICES 1 . Preliminary Phase A. Staff Meetings Attend and participate in one (1) project start and four (4) planning meetings with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Department staff. B. Letter Report 81. Review Project with Operating Department (Water and Wastewater) (Does not included Storm Water or Gas Department) 82. Review & Investigation of Available Records 83. Identify Results of Site Field Investigation including Existing Soils and Record Drawings. The Letter Report will: a) review options for replacement of the line including along Up River Road and alternate routes, and b) review options for sliplining the existing pipe~ Recommend necessary survey work to evaluate existing conditions. The recommendation will include the location of public and private utilities, structures, right-of-way (ROW) boundaries and critical elevations for adjacent structures and obtain easement information. Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie-in point, and other applicable parameters required to complete the items as shown on this Task List 84. Provide Presentation of Pertinent Factors B5~ Advise of environmental site evaluations and Archeology Reports B6~ Identify and Analyze Requirements of Governmental Authorities B7. Confer, Discuss, and Meet with City Operating Department(s) B8. Provide a Letter Stating that AlE and Sub-Consultant En~ineers have Checked and Reviewed Letter Report prior to Submission EXHIBIT "C" Pa e 1 of 7 H :\U5ERS2\HOME\VElMAP\GEN\W A TER\B487\AMENDMENT NO, 4 \CONTRACT SUMMARY 89. Deliver One (1) Paper Copy of Letter Report (40010) and One (1) Electronic Copy (.pdf) 2. Design Phase A. Study~ Verify, and Implement Letter Report Recommendations B. Prepare Construction Bid and Contract Documents (one (1) Set) (1000/0) Develop a preliminary construction schedule and sequencing plan that includes all the items as shown on this Task List. This schedule will include procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules with planned Capital Improvement Program (CIP) funding. Preliminary Plan Sheets 1 Cover Sheet c~ 2 3-4 5 6 7 8-17 18 19-22 23 24 25-36 37-42 43-44 45 46-47 48-49 50 51..54 55-59 60-61 62 63 Project Location Map General Notes & Testing Schedule Typical Sections Legend & Estimated Quantities Control Layout & Benchmark Information Plan & Profile Sheets Utility Laterals & Details Exist Base Maps - Water- Wastewater- Storm Water- Gas Perimeter Traffic Control Plan Pavement Markings Standards (3 )-OOA Barricade and Construction Standards (1 ) thru (9c )-98 Traffic Control Plan Standards Miscellaneous Details Curb, Gutter~ Sidewalk & Expansion Joint Details Residential Driveway Details Commercial Driveway Details Sidewalk Ramp Details Standard Water Details Standard Wastewater Details Standard Stormwater Details Sign Details SW3P Details D. Provide Assistance Identification, Testing, Handling, and Disposal of Hazardous Materials E. Prepare Final Quantities and Estimates of Probable Costs F ~ Assimilate All Review Comments, Modifications, Additions/Deletions and Proceed to Next Phase, Upon Notice to Proceed from the City Engineer G. Provide Pre-Final Pia ns and Bid Docu ments (1000/0) H. Quality Assurance/Quality Control L Prepare Traffic Control including Traffic Plan in accordance with Texas M.U~T~C~D. EXHIBIT "e" Pa e 2 of 7 H:\USERS2\HOME\VELMAP\GEN\W A TER\84B7\AMENDMENT NO. 4\CONTRACT SUMMARY J. Upon Approval, Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy K. Submit Monthly Status Reports L. Provide a Storm Water Pollution Prevention Plan 3. Bid Phase A~ Participate in Pre-Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C~ Review All Pre-Bid Questions and Submissions D. Attend Bid Opening E. Revisions to Bid Documents F. Provide Letter to City Engineer on giving our Recommendation to whom to Award the Project to 4. Construction Phase A. Participate in Pre-Construction Meeting B. Review Shop and Working Drawings c. Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Regular Visits to Site of Project (two per month) F. Prepare Change Orders as authorized by City G~ Make Final Inspection with City staff H. Review and Assure Compliance with Plans and Specifications I. Review Construction "Red-Line" Drawings, Prepare Record Drawings J. Review and Prepare Monthly Construction Pay Estimates ADDITIONAL SERVICES 1.0 Permitting E. NPDES Permit: Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities. F. Texas Commission on Environmental Quality Coordination concerning contaminated material contact with proposed waterline.. EXHIBIT "e" Pa e 3 of 7 H :\USERS2\HOME\VELMAP\G EN'W A TER\84B7\AMENDMENT NO - 4\CONTRACT SUMMARY G. Nueces County: Coordinate design construction with Nueces County maintained roadways. H. Texas Department of Licensing & Regulations: (if required) AlE will pay all fees and coordinate with a local Registered Accessibility Specialist. (ITEM 2.0 PREVIOUSL Y ASSIGNED) 3.0 Topographic Survey Budget assumes limited check survey along existing route~ Does not include investigation along alternate routes. 4.0 Environmental Issues Budget assumes limited additional investigation along the existing route. Does not include investigation along alternate routes. (ITEMS 5~O AND 6.0 PREVIOUSL Y ASSIGNED) 7.0 Warranty Phase Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project~ Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff.. Complete the inspection and prepare the report no later than sixty (60) days priorto the end of the maintenance guaranty period. (ITEMS 8.0 THRU 31.0 PRE VIO USL Y ASSIGNED) 32.0 Hydro-Excavation for Utility Investigation Base Bid - AlE will investigate areas of high probability of conflict with proposed improvements along existing route, Does not include investigation along alternate routes~ PROJECT SCHEDULE: Weekda Monda Monda Monda Monda Wednesda Tuesda Monda Weekda June 2005 Au ust1,2005 Au ust 15, 2005 Se tember 19 t 2005 October 3, 2005 October 19, 2005 November 8, 2005 December 12, 2005 June 2006 H~\USERS2\HOME\VElMAP'GEN\W A TER\84B7\AMENDMENT NO. 4\CONTRACT SUMMARY Be in Work Submit Letter Re art Cit Review Submit Final Plans Cit Review Advertise for Bids Receive Bids/Council Award Issue Notice to Proceed End Construction EXHIBIT "en Pa e 4 of 7 f/) en >- -J <( Z ct c z c{ ..J W C o :i: o ::; .-.... ~ ~ ~ :; c 0 ~ ~ w CJ > . ~ e- O ~ ~ W f- ~ :E UJ I- m > en a:: w ~ 3: ci-.:t :EO ctz ~ M C ~ :EO ctz .N C ~ :EO c:(z en tHe"'"": LIr.:iO u..c:(Z o ~ c( :E :E ::t en -II- <(u a:;~ CJ.... -z 0:::0 Ou I--- ...J ~ o ..... en w () ~ w (J) u en ~ o o ~ N r-- o~ 0') ;A o o r---..: co It) M N tfi o o o ~ o o o "'" o o d Y7 o o r----: to -- f'...- (0 v Vt Q) (f) OJ ..c a... >. ro c :~ di ~ c.. o o o ui f'... r---~ co <D o o ui r--- f'-_ a) (0 o o o o o o o o d o o o CD V) co: .c a.. c Ol 'w <D o o N o o r- eo v_ ('I"') o o t- o;) v_ ('") o o o o o o o o d o o o Q) V) co J:: a... -a m o M o o o o r-~ o o <0 OJ <0 ~ r-.... U) H :\USERS2\HOMEWELMAP\GEN\W A TER\84B7\AMENDMENT NO _ 4 \CONTRACT SUMMARY o o cj o t-~ ~ "'l"""" o o m N LO r---: o o o o o o o o o d o o o o o o o o ci o a o o 0: r-- ll) ~ r--: (0 v Q) t/} OJ ..t::. 0.. c: o ~ 2 t) c o U (I) Q) o .~ iV r.n u 'Vi CD CD I9~ o Li ~ (f) o ~ rn LLJ U ~ UJ en ...J ~ Z o r= c c c:( o o ,.....: cry "II"'""" r--: o o ,.....: M -- r-.: o o d o o o o o d o o o c .Q m .... ro a. Q) .... a. ~ 'E L..... (1) a.. o o o o o o d o o d o o o o o d o o o >- Q) ~ :l (/) C ~ .en 'S 0- o <( 3: o C( o N o o o o 1O <ri o C! o o l!) cD o o d o o o o o d o o ci >. cu c: :l en o E 0- ro L. C) o c.. o f- a ('I'") o o oq- <0 o. <0 N o o ~ ~~ to N a o o o o o o o o o o d ~ Q) C: ::J (f) a; E CD E c o I- '5 c w o ~ o o o o o o o o o o o o o o d o o ci en OJ U '~ W if) II:: ,2 a; E:: G) U) ..Q o II:: o U =' .... .... U) c o U o ll"i o o o o o o o o o o o cj o o d a o o (/) dl o +~ Q) en c.. :J t: m Ci5 o cO o o M "d' co o a M ..q co o o o o o ci o o ci o o d Q) U) m .s::. n... ~ C ~ m ~ o ~ o o d o o ~ (0 o ~ o -- W ....J .:J o LU :J: o U) w UJ ~ ~ d z !z w ::e: o z w ~ ~ ; a:: ~ ~ ~ z ~ "!:( :5 w > (Ii :::E o ~ N ~ W en ;2 :t o o d o o o o o d o o o o o ci o o o o o o o o ,.....: <0 o ~ o ~ o o o o o d :C ,Q 10 c Q) E :J o o o ~ () (f) a> "'C '> e a... o cO E a. o ~ w o W "'0 o :: Ui a. ~ c: o :.;::J <<J "'5 E en "'0 o "C Q) a.. u Q.) -0 &:: ~ an o en EXHIBIT "C" Pa e 5 of 7 '" fii > ...J 41( Z cl: o z <( ...J LLJ o o :E U U) ~ ;:-- w ~ ! ~ C · 0 ~ ~ ii UJ 1 c( ~ 0 :E I- t. ~ ~ - ~ w I- a: :E w I- ~ In 0:: w I- ~ ..J ~ o I- o 0 o 0 0: 0 o o o o o o o o o o o o o o d o o d c Q) E C- o Q) > Q) o Q) u "~ Q) (/) E ..... Q) J- 0> C o --J o N o o ro LO -r- N C"'} o o o o 0: o o o o o o cO 10 N M o o o >- 0) o "0 -0 o ..c 1U ~ Vi o o o ('I") ~ o o o o o o o o d o o o o o ci o o o C m E a.. o Q) > Q) o a.. o o ~ ~ o o o o o o o o o o o o o o o o o o U) ~ '0 ro u. 0:: UJ <.{ W ""tJ ~ I ~ o "t- o c ,2 a; :J (ij > W "0 .!! 'm Q) o o u) "V"'"" o o o o o o o o o o o c:i o o o o o o [J) c- 'c "(ij ~ en a... w o (0 ""-" H;\USERS2\HOME\VELMAP\GEMW A TER\6487\AMENDMENT NO" 4\CONTRACT SUMMARY ci~ ::EO c:(z o 0 o 0 ci 0 ~('t) C . ::EO ct:z o 0 o 0 o 0 ciN :EO <tz o 0 o 0 o 0 . ..-. c . ~o c(z o 0 o 0 o d ..JI- c(U ~~ 52!z D::o Cu o 0 o 0 o ci .A - c o >iij c m c. x W E C1> 1ii >- U) c o ~ ~ 5 o 0 ..c :.;; :;:: 'c ~ ~ 12 '0'"00 a:c:'O CD U f/I "~ C ~ ~ E ~ (/) CD l'O E e ~ "- C en V) ~ ,2 c: CD . 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(J) d) 0::: L.. J2 01 "~ C C (0 ([ c >. o 0 :; ~ o OJ 1ii .S C1) C 0> rr;: 8 .~ _ I V> == _ 0 4> Q) 0 (f) U) (lJ <tI Q) ..c ..c c a...a..::J o o. o ("l") Q) U) ('(] ..c a.. o m N ~ lO o o CX) l() ('1")- lO o o N o 0>_ e;; o o d o o d o o o o o ~ N.. ,.- ~ "f"'"" o o ci o o cO -.:-- OJ. ,.... <0 M o o o o o o o o o v g :.;::.- :J ~ J2 c o ~ > c;u o x UJ e -0 >. I o N M f/) Q) o .2 4J en 10 c ~ "'0 'U <( ~~ o .E :J: (/) o o o L() CD as r--- ...-- ......- (:A- W ...J ::J o W :::I: o (IJ lli ~ ~ o z ~ w ~ o z w ::!: ~ 0:) "I:f ~ cr:: LU I- ~ ~ z w 9 0- <( :5 w ~ ::::E o :; N (f) n::: w (IJ ;2 :J::: o o "f"'""" ('t) .q- m~ OJ ""'l;"'"" fA- o o o f:F.t o o CD v ~ ...... ...... -oc- Et7 o o cD ...- 00- ,...... <0 ("') ~ o o ~ lO ,..... r-: o 1.0 EA- UJ W u- o W N cr: o I ~ ~ <{ -.J <( r- o I- EXHIBIT "e" Pa e 7 of 7 PRIOR ACTIONS SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No~ 8487) . Up River Road Water Transmission Line from Dona to Navigation AMENDMENT NO.4 PRIOR COUNCIL ACTION: 1. November 18. 2003 - Motion authorizing the City Manager, or his designee, to execute a consultant contract with LNV Engineering, Inc.. of Corpus Christi, Texas for a total fee not to exceed $507,157 for the Water System Interactive Model and Analysis Project (Motion No. M2003-420). 2~ February 1 O~ 2004 - Appropriation of the Fiscal Year 2003-2004 Capital Budget and Capital Improvement Planning Guide in the amount of $173,624,300 (Ordinance No.. 025647). 3. June 8. 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for engineering services with LNV Engineering, Inc. of Corpus Christi, Texas for a total fee not to exceed $361,816 for the Water System Interactive Model and Analysis Project (Motion No.. M2004-221)~ 4. September 24, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No.2 for engineering services with LNV Engineering, Inc. of Corpus Christi, Texas for a total fee not to exceed $111,246 for the Water System Interactive Model and Anatysis Project (Motion No~ M2004-361). PRIOR ADMINISTRATIVE ACTION: 1. February 20. 2002 - Distribution of Request For Qualifications (RFQ) No~ 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-at-town).. 2. March 13. 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town)~ 3. March 15~ 2002 - Addendum No.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town)~ 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-af-town). 5. March 28. 2002 - Addendum No.4 to the Request for Qualifications (RFQ) No~ 2002-01 (Aviation1 Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-at-town). 6. April 11. 2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). EXHIBIT "0" Pa e 1 of 2 H ~\USERS2\HOME\VELMAP\GEN\W A TER\8487\AMDENDMENT NO, 4 \PRtOR ACTIONS PRIOR ADMINISTRATIVE ACTION (continued): 7. Aoril 17. 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water~ Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town )~ 8. April 25. 2003 - Addendum No. 2 to the Letter Of Notification No~ 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviationt Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-af-town ). 9. AUQust 4. 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-ot-town). 10. December 22~ 2004 - Administrative approval of Amendment No. 3 for engineering services with LNV Engineering, Inc. of Corpus Christi, Texas for a total fee not to exceed $0 for the Water System Interactive Model and Analysis Project. EXHIBIT "0" Pa e 2 of 2 H :\USERS2\HOME\VElMAP\GEN\W A TER\6487'AMDENDMENT NO. 4\PRrOR ACTIONS 12 AGENDA MEMORANDUM City Council Action Date: June 28, 2005 SUBJECT: Convention Center Air Handler Replacement, Phase 1 (Project No. 4322) AGE;NDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Malek Inc. of Corpus Christi, Texas, in the amount of $395,000 for the Bayfront Convention Center Air Handler Replacement, Phase 1. ISSUE: The project consists of replacing five large rooftop central station air handlers and one large rooftop central station multi-zone air handler at the AmericanBank Center Convention Center The new air handlers witl interface with the existing control system. The contract has been bid and is ready for the construction award. City Council action is required to complete this project. FUNPING: Funding is available from the Convention Center CIP budget. RECOMMENDATION: Staff recommends approval of the motion as presented. r J/'K ~/~ ~~s R. Escobar, P.E. Director of Engineering Services Addlional Support Material: Exhibit "A" Background Information Exhibit I&B" Bid Tabulation Exhibit "c" Project Budget Exhibit "0" Location Map C:\OOCUME"1\UsenLOCAlS-1\Temp\Agenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Convention Center Roof-Top Air Handler Replacement, Phase 1 (Project No. 4322) PRIOR COUNCIL ACTION: March 29,2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) PRIOR ADMINISTRA liVE ACTION: October 21 t 2004 - Administrative approval of a small AlE agreement with Bath & Associates Inc~ of Corpus Christi, Texas in the amount of $24,100 for the Convention Center Roof-Top Air Handler Replacement, Phase 1. FUNTURE COUNCIL ACTION: · Approval of any change orders that may be necessary. · Replacement of additional rooftop air handlers as necessary. PROJECT BACKGROUND: During the expansion of the original Convention Center it was discovered that a number of the units needed replacement. One seriously deteriorated unit was replaced by a change order as part of the expansion project. It was decided to defer replacement of other units until after the expansion was complete. This ensured the expansion would be completed and remaining funds could be devoted to air handler replacement. The air handler units being replaced are part of the original Convention Center~ The units were installed at the time Center was originally constructed and have reached the end of their economic life. The units also permit the infiltration of water during heavy or blowing rain conditions. PROJECT DESCRIPTION: The project consists of replacing five large rooftop central station air handlers and one large rooftop central station multi-zone air handler at the AmericanBank Center Convention Center (formerly known as the Bayfront Convention Center). Piping and ductwork changes will be limited to the piping and ductwork necessary to reconnect the air handlers to the existing system. A new power supply from an existing power distribution center will be provided. Roofing modifications will include the installation of new roof curbs for each air handler and new conduit supports for the new roof-mounted power conduit. The new air handlers will interface with the existing control system. BID INFORMATION: The City received proposals from four bidders on June 15t 2005 (see Exhibit "B" Bid Tabulation). The estimated cost of construction is $479J918~ The project was bid as a total base bid. The bids range from $395,000.00 to $471 f495~OO. Miller & Miller's bid was determined to be finan-responsive" because the bid bond was not executed with the name of the project identified. H :\HOME\KEVINS\GEN\CONVCTR'EXPAN SIO\AHUs\^BkgAwdExhA. doc RECOMMENDATION: The consultant (Bath & Associates Inc~) and City staff recommend that the construction contract be awarded in the amount of $395,000.00 for the total base bid to Malek Inc. of Corpus Christi, Texas. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days with completion anticipated by November 2005. H~\HOMBKEVrNS\GEN\CONVCTR\EXPANSIO'AHUsV'BkgAwdExhA. doc I- Z w :E w o S ~ w 0::: 0:: w ..J eN cn~N c CWJ - .. m % .. u...o:::D:: O:C~ za:::I: Ow::) i=~Z c(Zt- -'Wo :)ow coz-' ceOO 1--0:: I-CL, Z W > Z o U I- Z o Ct: LL ~ m e" ....~ . ca ore ..... .. ~~ .. c we =:. !~ CI)~ w .. rtJZ ~ 0 a:::- wI- WW z~ -~ l?o ~u LI- o w Ii i= c o ! o e- o (.J Cl C IC I ~ .& e w = fa m ... o W 0: 0> ~ c Q) :IE c cull) -Co mo _. N > .. mil) .... Qc>> We I- ::s :5~ ~W tD!( =:0 ...en Q)Oc.D -CDN ==: :E~~ 18W)( ~.8t-: := .(J :E 0 ~ .0 oil: a. 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J= _ .- OJ L... tV c Q) CD 0 C ~ ." >. =-= = '- 0 c :;::::: ~ rn P';'I ,- 0 =' c: 0.. :c Oi J2 '; CU .~ OldiE ID.!"O~ g.;U f1) tnt:.c ~ ,!: =0 :.1 c lJ -c '- U'J C c -e 8. t- OJ tJ c: E OJ ::J c: "m .... Q) . Q ='- c.. o.J: ~rocU"Cm Q)ulOo~~..,. c..r= 0 -c c> Q.) ~ c 0 't- U'J :s ..c ~ .!:: :.;:: 5 c: .~ ~ 0 0 ~ 8 :!: -g ;1: ...... ('tJ ro :p ro c. 13 c.:z:; "'0 ..... ::J 0 ~ o c 1;) c en 'a" t1.l ~ ..s 0 ~ "0 U Q) o ,2 m ~ o~ ~ c m .C E ~ g ~ _~ 1;) 1U .E c: .9-..c Cs Z 1;) 0) c: 0 :=: 't: '(i) +'" c 0 a... ....., . - C tot- ~ 0 Q) t: en OJ U 0 CU E" "'C t.t= 0 > a."" o - 0 " ..t-.I L.. ..... 0 C CV c: o co m 00 u m moo c ~ .- ..::: a...c: ro Q) 0 ~ :- ^' ,- .,.., OJ = "t':.' eO...... >< ...,. ...... en >' LL ...... - .... . s: u C1J ~ +'" (])'- >.. ~ 0 j! c: c: :> ,!!:!., U 0 ro I- E L. - U) a. -c 10 CD ::J fI) o 0'- -:="'O>OlW......'-OL.. '- a. L.... ~ ~- co m c: c: "0 VI ~ E ~ E c.. ~ Q) ""0 .~ .0 d1 ~ ~ "S; ,~ "0 ~ -c ~ Q) 0 Cl C E = 0._ .- 0 GJ c: 0 c: rn ~ e ~ ~ u 'i ~ ~ ~ a:5 ~ e ~ f6 <t: o o wi en ~.. ... t-. ~ o o ui m .... N en ...,. ~ -ti Q) '+= .;::; c: CI) "'Q ts cu e c.. (1) .c ..... '*- o OJ E co c Q) ~ ....... .l:. ... i -c .!! :J U Q) >< G)- 15 c: rn ~ -c c: o ..0 -c ii Q) ~ ..... Q) '" :J ~ Q) .c -G) > ii) c: o a. en ~ . s:: o :c. OJ ..c o ~ -c tV c E '- Q) ...... Q) -0 f/) ('Qi ~ "C is tI) i,... ~ ~ <<S ..... ~ ::2 o o o o M cO co ~ o 0- o o C) .,; G) M ... ..-. >. C o Ill( E .s ;.. c ffi w ~ m ..J <C I- o I- fl PROJECT BUDGET Convention Center Air Handler Replacementt Phase 1 (Project No. 4322) June 28, 2005 FUNDS AVAILABLE: Convention Center CIP Fund FUNDS REQUIRED: Co nstru cti 0 n (M a Ie kin c ~ ) . ~ . . . . . A . . . I . t . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . ~ . . . . Conti nge ncies (1 0 % ) A .. n _ . H n . . . . . . . . . . . . . . n .. . . . . . H . .. . u . . . . . . . p Professional Services (Bath & Associates Inc.) Co n stru cti on Ins pectio n Activity ~ . _ . . . _ . _ . ~ . . ~ . . . . . . . . . . . . . . . . . . . . . ~ . Misc. (Printing I Advertising I etc.)......... ~ . . . · . . ~ · · · · · · · · · · · · · . ~ . · . · T ata I. . . . . . . . . . . . . . . ~ ~ . . . . . . . . . . . . ~ . . . . . . . . . . _ . . ~ _ . . . . . . . ~ . . . . . ~ _ _ . ~ . . ~ . . ~ . ~ . $476,300.00 $395,000.00 39,500.00 24f100~OO 13,700.00 4,000.00 $476,300.00 ~ ^8udgetExhC .:dl EXHIBIT nc" Page 1 of 1 FUe : \ Mproject \ councilexhibjts \ exh4322. dwg NUfCES BA Y $" .I- ~~ PROJECT LoeA TION AGNES ~ COOPUS CHRISl1 INTERNA TIONAl AIRPORT a::: ~ Q::: :I LOCA TION MAP NOT TO SCALE ~ VICINITY MAP NOT TO SCALE CITY PROJECT No.4322 ~ N ~ N PROJECT SITE EXHIBIT "D" Li -- -- - ~ - ......:,...-- -- -- ~ ......... CONVENTION CENTER AIR HANDLER REPLACEMENT, PHASE 1 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Cfrr: OF CORPUS CHRISTI, TEXAS DATE: 06-21-2005 ORDINANCE APPROPRIATING $584,083.48 FROM UNAPPROPRIATED INTEREST EARNINGS AND UNAPPROPRIATED MISCELLANEOUS REVENUE IN THE CONVENTION CENTER 2002 CIP FUND NO. 3181 FOR BAYFRONT CONVENTION CENTER AIR HANDLER REPLACEMENT, PHASE 1 PROJECT; AMENDING FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $584,083.48; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $584,063.48 from Unappropriated Interest Earnings and Unappropriated Miscellaneous Revenue in the Convention Center 2002 CIP Fund No. 3181 for Bayfront Convention Center Air Handler Replacement, Phase 1 Project. SECTION 2. Amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $584,063.48. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of June, 2005. AnEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June ol. 2- I 2005 Henry Garrett Mayor f? ~ hn P. Burke. Jr. ssistant City Attorney For City Attorney John Bwke\OrdReso200S\ORDAppr04AirHandlerReplacementl1a Corpus Christi, Texas Day of t 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 t 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 John Burke\0rdRes02005\ORDAppr04AirHandlerReplacement.lla 13 AGENDA MEMORANDUM City Council Action Date: June 28,2005 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change Order No.5 to the construction contract with Bay, ltd. in the amount of $135,416.56 for the for Laguna Shore Road Reconstruction Project from Mediterranean to Caribbean. (Bond Issue 2000). ISSUE: This project was approved November 7,2000 in the Bond Issue 2000 Package under Proposition No~ 1 Street Improvements. This Change Order is necessary to complete the work.. FUNDING: Funding is available through the FY '05 Street Capital Improvement budget. RECOMp(ENDATION: Staff recommends approval of the motion as presented so a change order may be issue and work may begin. r ~ 'An R. Escobar, P. E~, Dir ctar of Engineering Services 2-~r ~ional SUDDort Material: Exhibit "A" Background Information Exhibit US" Change Order Summary Exhibit "e" Location Map H:\HOME\l YNOAS\GEN\Streets\2000 Bond Issue\Laauna Shores\CO #5\Merro.OOC BACKGROUND INFORMATION SV~ECT: Laguna Shores Road Street Improvements (Project No. 6158) BOND ISSUE 2000 PROJECT NO. C-1 R PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. March 2712001 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $459,300 with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction at the following sites: . Laguna Shores Road . Azores Road . Catcay Road . Jamaica Drive (Motion No. M2001-122). 3. J,nuarv 15.2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No.1 to the Engineering Services Contract in the amount of $6,981 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road (Motion No. M2002-021). 4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $509.61 with Lantos Engineering for Neighborhood Street Reconstruction along Laguna Shores Road (Motion No~ M2002- 020). 5. February 12.2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract for design, bid, and construction phase services of the Riviera Lift Station in the amount of $46,250 with Bass & Welsh Engineeringf Inc. for Neighborhood Street Reconstruction along Laguna Shores Road (Motion No. M2002-046). 6. May 13,2003 - Resolution authorizing the City of Corpus Christi to perform equivalent- match project (Laguna Shores Road Improvements) in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program (participation-waived) projects not yet awarded (Resolution No. 025284). 7. Mav 13. 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No.5 to the Engineering Services Contract in the amount of $6,981 with Goldston Engineering, InCa for Neighborhood Street Reconstruction along Laguna Shores Road (Motion No. M2003-174). 8. August 26. 2003 - Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas: . Laguna Shores Road Street Improvements from Mediterranean to Caribbean specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and EXHIBIT "An Page 1 of 5 H:\HOME\l YNOAS\GEN\Streets\2000 Bond Issue\Laguna ShOfes\CO #5\AGENDA BACKGROUND.doc directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk (Resolution No. 025438). 9. August 26.2003 - Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas: . Laguna Shores Road Street Improvements from Mediterranean to Caribbean approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the September 30, 2003 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners (Resolution No. 025439). 1 O. September 30. 2003 - Motion authorizing the City Manager, or h is designee, to award a Construction Contract to Berry Contracting dba Bay Ltd. in the amount of $2,759,059 for Laguna Shores Road Reconstruction - Mediterranean to Caribbean. (Motion No~ M2003-475). 11. January 25. 2005 - Motion authorizing the City Manager, or his designee, to award Change Order No.2 to a Construction Contract with Berry Contracting dba Bay Ltd. in the amount of $293,078 for the Laguna Shores Road Reconstruction - Mediterranean to Caribbean for additional 6" PVC water and appurtenances for additional fire protection at NIP #7. (Motion No. M2005-094). PRIQR ADMINISTRATIVE ACTION: 1. October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10. 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10. 2001 - Addendum No.2 to the Request For Qualifications (RFQ) No. 2000- 08 - (Public Health and Safety. Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. Seotember 28. 2001 - Executed small Consultant Agreement for project management assistance in the amount of $25,000 with Goldston Engineering, Inc. for the Bond Issue 2000 Street Projects. 5. J\pri111 w 2002 - Public Meeting at Flour Bluff Intermediate School to inform Property Owners of upcoming construction improvements. 6. June 4.2002 - Executed Amendment No.2 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 7. Julv 25. 2002 - Executed Amendment No. 3 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. EXHIBIT "A" Page 2 of 5 H:\HOME\l YNDAS\GEN\Streels\2000 Bond Issue\laguna Shores\CO #5\A.GENDA BACKGROUND.doc 8. July 29.2002 - Executed Amendment No.2 to the Engineering Services Contract in the amount of $18,600, for a total re-stated fee of $524,150, with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 9. October 31. 2002 - Executed small Consultant Agreement for a traffic analysis study in the amount of $24,945 with Wilbur Smith & Associates for Neighborhood Street Reconstruction along Laguna Shores Road. 10. December 2.2002 - Public Meeting at Flour Bluff Intermediate School to discuss the bridge across Tropic Isles Channel on Laguna Shores Road~ 11. January 8, 2003 - Executed Amendment No.4 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 12. March 26. 2003 · Executed Amendment No~ 3 to the Engineering Services Contract in the amount of $24,911, for a total re-stated fee of $549,061 t with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road~ 13. November 18. 2004 - Administrative Approval of Change Order No.1 to a contract with Bay, Ltd. In the amount of $6,552 for Neighborhood Street Reconstruction along Laguna Shores Road for CCTV evaluation of existing wastewater lines. 14. March 25. 2005 - Administrative Approval of Change Order No~ 3 to a contract with Bay, Ltd~ In the amount of $20,000 for Neighborhood Street Reconstruction along Laguna Shores Road for value engineering to allow citizens easier access to property during construction. 15. Mav 9.2005 - Administrative Approval of Change Order No.4 to a contract with Bay, Ltd. In the amount of $12,144 for Neighborhood Street Reconstruction along Laguna Shores Road for removal of underwater concrete and debris to allow for installation of bridge pilling. FUTVRE COUNCIL ACTION: . . Any additional Change Orders, as necessary, to complete the project.. . Adopting the final assessment roll. PROCEDURES: Resolution No. 022767 specifies the procedures that apply to the assessment process. (I n the past, ordinances were necessary to initiate the assessment process, which may now be taken via resolutions). Testimony by the Director of Engineering Services and the city-retained real estate appraiser is made in writing and filed before the public hearing~ GEN~RAL: The proposed project is part of the Bond Issue 2000 Projects that was voter- approved on November 7, 2000. The" project provides for reconstructing neighborhood streets to include curb, gutter, sidewalks, driveways and underground storm drainage. The improvements include water and wastewater line adjustments or replacements. The improvements are petitioned by adjacent property owners who are assessed a portion of the cost. The property owners requested the bridge on Laguna Shores Road be removed and not replaced. Their request was presented to the Traffic Advisory Committee (T AC) at their May 2002 meeting and a second public meeting was held with residents on December 2, 2002. A Traffic Analysis Study was presented to the TAC on January 27, 2003, for review and concurrence. Due to results of the study, the bridge will remain and traffic EXHIBIT "A" Page 3 of 5 H :\HOMeL. YNOAS\GEN\Streets\2000 Bond ~\Laguna Shores\CO #5\AGENDA BACKGROUND.doc calming devices will be installed in the roadway~ An amendment has been issued to the consultant contract that includes changes to the bridge and the calming devices. The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956. The area is comprised primarily of residential house district. The deteriorated condition of the public infrastructure consists of street pavement in poor condition, roadside ditches that provide poor drainage, asphalt/caliche driveways and no sidewalks~ The utility water and wastewater lines are old and in need of replacement. A petition was submitted and was qualified April 7 I 1987 through the Voluntary Paving Program and approved for funding in the voter approved November 2000 Bond Election. Utility work will be accomplished prior to reconstruction of the street so "that street and drainage work need not be disturbed in the future for utility replacement. The project improvements consist of new pavement, curb and gutter, sidewalks, driveways and storm drainage, plus water/wastewater improvements. CHANGE ORDER DESCRIPTION: After bids were received, the U.S. Coast Guard required Aids to Navigation to include Bridge Navigation Lights and Clearance Gauges on the channel for the bridge ~ Add itionally t during execution of the contract it was determined that due to the existing driveway approaches the contractor would have additional removal and replacement of concrete driveways to allow for proper slope and ADA compliance on City sidewalks. The concrete driveway work has already been completed by the contractor. ITEM NO.1 - Bridge Navigation Lights. The Coast Guard permit was not approved by the bid date and this is now a required item. COST: $30,965.20 ITEM NO.2 - #14 Electrical Conductor Wire~ 800 linear feet at @ 2.21 linear foot. COST: $1,768. ITEM NO.3 - %" Plasti Bond Conduit Pipe. 400 linear feet @ 44.24 linear foot~ COST: $17,696. ITEM NO.4 - Two (2) Clearance Gauges. 2 each @ 5,750.68 each. COST: $11,501.36. ITEM NO.5 - Concrete sheet pile - geotextile fabric. This is required to seal joints between concrete sheet pile. COST: $3,486. ITEM NO.6 - an thick R/C driveway - 14,000 square feet @ 5.00 square foot~ This is necessary due to the additional concrete driveway quantity required in private property due to grade change in street and sidewalk. COST: $70,000. EXHIBIT "Au Page 4 of 5 H:\HOME\l YNOAS\GEN\Streets\2000 Bond Issue\Laguna Shores\CO #5\AGENDA BACKGROUND.doc CONTRACT TERMS: This project is currently scheduled for completion, including this Change Order, by mid-September 2005. EXHIBIT "Au Page 5 of 5 H:\HOME\l YNOAS\GEN\SIreets\2000 Bood Issue\Laguna Shores\CO #5'AGENDA BACKGROUND.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET June 28, 2005 PROJECT: Laguna Shores Road - Mediterranean to Caribbean Street Improvements Project No. 6158 APPROVED: City Council on 09/30103 - Motion No. M2003-356 CONTRACTOR: Bay, Ltd. P.O. Box 9908 Corpus Christi, Texas 78469 TOTAL CONTRACT AMOUNT ..U.....u.....nnn 250/0 Limit Amount u.... H.. U............... H.... U.. U. U Change Order No.1 (11/18/04) .......... ..........9 Change Order No. 2 (01/25/05)~. n - .. . . . ~ n ~ H ~ .. Change Order No.3 (03/25/05). ~.... ~. ~. . H ... . u Change Order No.4 (05/09/05)9......... ~ .. . . . . u Change Order No. 5 (06/28/05)~.... n ~ .. H H ~.. u T otal ~.... ~ . . . ~ . . ~ ~ . ~ . ~ ~ ~ ~ ~ . ~ . ~ . ~ ~ . ~ . ~ . . ~ . ~ . ~ ~ ~ . ~ . ~ . ~ ~ . ~ . . . ~ ~ . ~ $2,759,059.00 689,764~75 6,552.00 293,078~OO 20,000.00 12, 144.00 135,416.56 467, 190.56 = 16.93< 250/0 EXHIBIT "B Page 1 of 1 ~~s a::: D l.L- DON PATR\CI z \.L.. 0 300 PURDUE ~ ~ e::: 3: ::> 9 GLEN OAK u- CARIBBEAN 0:: W :c <..) Ul o 0:: CPL Barney Davis ~ Plant and ReservoIr ~ N ~ ex: o :c U1 W Q: o <( ~ LAGUNA SHORES DR ( 6158) <( z => C.!> ~ VICINITY MAP NOT TO SCALE PROJECT No. 6158 EXHIBIT lien LAGUNA SHORES RD STREET IMPROVEMENTS FROM MEDITERRANEAN TO CARIBBEAN (Bond Issue 2000 Project) CITY OF CORPUS CHRISTI, TE>CA5 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/23/05 I -- - -- - ~~~...."""" 14 AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change Order No.7 to the construction contract with Haas-Anderson Construction Ltd. in the amount of $84,290 for the for Home Road Street Reconstruction Project from Ayers to Kostoryz. (Bond Issue 2000). ISSUE: This project was approved November 7,2000 in the Bond Issue 2000 Package under Proposition No. 1 Street Improvements. This Change Order is necessary to complete the work. FUN~ING: Funding is available through the FY '05 Street Capital Improvement budget. RECOMMENDA liON: Staff recommends approval of the motion as presented so a change order may be issue and work may begin~ , R. Escobar, P. E., .rector of Engineering Services Additional SuPPOrt Material: Exhibit itA" Background Information Exhibit '.8" Change Order Summary Exhibit "en Location Map H:\HOMBL YNDAS\GEN\Streete\2000 Bond Issue\C.7\CO #T\Memo.OOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Horne Road from Ayers Street to Kostoryz Road Street Improvements (Bond Issue Project No. C-7) 1. November 14. 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. March 27.2001 - Motion authorizing the City Manager, or his designee, to award an engineering agreement to Govind & Associates in the amount of $319,630 for the Horne Road from Ayers to Kostoryz Street I mprovements Project (Motion 2001-121 ) 3. December 9,2003 - Motion authorizing the City Manager, or his designee, to award a construction contract to Haas-Anderson Construction in the amount of $2,999,999 for the Horne Road Street Reconstruction project from Ayers to Kostoryz Street (Motion 2003-432) PRIOR ADMINISTRATIVE ACTION: 1 . October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10. 2000 - Addendum No~ 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10. 2001 - Addendum No.2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. Seotember 101 2001 - Administrative approval of a Testing Agreement with Rock Engineering and Testing Laboratory in the amount of $13,700 for sub-surface investigation and pavement recommendations. 5. August 28.2003 - Administrative approval of Amendment No.1 to an engineering agreement with ME I Govind Engineers and Consultants in the amount of $17,253 for a revised fee not to exceed $336,883. 6. Seotember 3D. 2003 - Administrative approval of a Testing Agreement with Rock Engineering and Testing Laboratory in the amount of $15,584 for -construction material testing services~ 7. Seotember 8. 2004 - Administrative approval of a no cost Amendment No.2 to an engineering agreement with MEI Govind Engineers and Consultants. 8. Auaust 10,2004 - Administrative Approval of Change Order No.1 to a construction contract with Haas-Anderson Construction in the amount of $6,705.15 for the Home Road Street Reconstruction project from Ayers to Kostoryz Street. EXHIBIT "A" Page 1 of 3 9. October 4.2004 - Administrative Approval of Change Order No.2 to a construction contract with Haas-Anderson Construction in the amount of $10,866.39 for the Horne Road Street Reconstruction project from Ayers to Kostoryz Street. 10. December 16. 2004 - Administrative Approval of Change Order No. 3 to a construction contract with Haas-Anderson Construction in the amount of $9,406.52 for the Home Road Street Reconstruction project from Ayers to Kostoryz Street. 11. December 24, 2004 - Administrative Approval of Change Order No. 4 to a construction contract with Haas-Anderson Construction in the amount of $7,938..30 for the Horne Road Street Reconstruction project from Ayers to Kostoryz Street. 12. April 12. 2005 - Administrative Approval of Change Order No. 5 to a construction contract with Haas-Anderson Construction in the amount of $18,904.14 for the Home Road Street Reconstruction project from Ayers to Kostoryz Street. 13~ Mav 6~ 2005 - Administrative Approval of Change Order No.6 to a construction contract with Haas-Anderson Construction in the amount of $18,296.10 for the Horne Road Street Reconstruction project from Ayers to Kostoryz Street FUTURE COUNCIL ACTION: Nothing anticipated. PROJECT 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. CHANGE ORDER DESCRIPTION: The proposed change order consists of additional milling and asphalt due to deteriorated condition of existing asphalt. Additionally, the existing crown of the side streets are higher than the new street design. The additional milling and asphalting will smooth the transition area between the existing side streets and new pavement on Horne Road. ITEM NO. 1 - This element of work will include the milling of 2" of existing asphalt on Horne Road from Ayers to Carlton including the hauling of recycled asphalt material to a City chosen site near the American Bank Center. COST: $7,040. ITEM NO.2 - This element of work includes the completion of 2" of HMAC Overlay with tack coat~ COST: $10,780. ITEM NO.3 - This element of work will include the milling and asphalting of twenty-one Horne Road side streets. The contractor will mill off the existing pavement and base to transition the existing higher crown to meet the new specified crown in the side streets. The pavement edge will be saw cut to provide a straight transverse joint between new and EXHIBIT "An Page 2 of 3 existing pavement. The remaining pavement and/or base in the milled area will be left with its finish condition from the milling machine, then receive new hotmix to complete the transition~ All material that is planed will be picked up, and no blading or rolling will be required for the exposed material~ Additional work, at no extra charge, will include select tree trimming that is necessary to move equipment in the work area. This tree trimming will be coordinated with adjacent property owners prior to beginning work~ COST: $66,470 CONTRACT TERMS: This change order will add an additional 21 calendar days plus the time necessary for milling operation scheduling to this contract and there is now an anticipated completion of late August 2005 for this project~ EXHIBIT "A" Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET June 28, 2005 PROJECT: Horne Road/Ayers Street to Kostoryz Street Improvements Project No. 6147 APPROVED: City Council on 12/09/03 - Motion No. M2003-432 CONTRACTOR: Haas-Anderson Construction, Inc. P~06 Box 7692 Corpus Christi, Texas 78467 TOTAL CONTRACT AMOUNT n..nuu..u........ 250/0 L i m it Amou nt . . . . .. _ . . . .. . . . . .. . . . p . . .. . . . . . u .. . . .. . . Change Order No.1 (07/20/04) u.u.uuuuU...U Change Order No. 2 (09/22/04)~._...~..'.H...." C h a n9 e Order No. 3 (11/23/04)........ H . .. . . . . .. C hang e 0 rd er No. 4 (12/20/04)........ H . .. . . . . .. Change Order NO.5 (03/29/05). H........... p. q Change Order NO.6 (05/15/05)........ H . .. . n . n Change Order No.7 (06/28/05)............ q...... T ola I ................... '" . .. . . . . . . . . . .. . .. .. . . . . . . . .. . . . . . . . . . . . '" . . . . . $2,999,999.99 7 491999.99 6,705.15 10,866a39 9,406.52 7,938.30 21,104.14 18,296.10 84,290.00 158,606.60 = 5.28< 250/0 EXHIBIT "B Page 1 of 1 \Mproject \councilexh \exh6147.dwg v u N CORPUS CHRISTI BA Y ROJECT LOCA TION ~ i7 F.M. 43 PROJECT # 6147 CHANGE ORDER # 7 HORNE ROAD STREET IMPROVEMENTS (A VERB ST TO KOSTORVZ RD) CiTY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES ' PAGE: 1 of 2 DATE: 06/22/2005 ~ '.~- <---. .._.. '_., '-' \lrfproject\ CouncilExh \exh6 J 4f.7.dwg MA TCH LINE Vf MA TCH LINE PROJECT # 6147 . CHANGE ORDER # 7 HORNE ROAD STREET IMPROVEMENTS (A Yl!RS ST TO KOSTORVZ RD) CIN OF CORPUS CHRISTI, TEXAS EXHIBIT riD- CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 0 f 2 ~- -- - -- - DATE: 06/22/2005 .~~~~~- 15 AGENDA MEMORANDUM DATE: June 28,2005 SUBJECT: Project Management Services for 2004 Bond Projects ~DA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract for project management services in the amount of $1, 158tOOO with Anderson Group Construction Management, Inc~ for various Capital Improvement Projects associated with the 2004 Bond Election; subject to availability of funds~ ISSUE: Project management services are necessary to ensure project completion as approved during the 2004 Bond election. FUNDING: Funds are available from the 2005 CIP Funds~ Funding will be prorated amoung the: · Bayfront Development Improvement 2005 CIP Fund; · Library & Learning Center Improvement 2005 CIP Fund; · Parks and Recreation Improvement 2005 CIP Fund; and · Street Improvements 2005 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. I UR ~I"/~ i/~dr ~fR. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit uB" Contract Summary H :\HO ME\KEV1 NS\G EN\C I P\2004 Bond Election \AGe MAwd Memo. doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Project Management Services for 2004 Bond Election Projects. FUTURE COUNCIL ACTION: Award of engineering design, materials testing and construction contracts necessary to complete various CIP projects. PROJECT BACKGROUND: Anderson Group Construction Management (AGCM) was selected in 2003 and 2004 to provide general construction management services. This was expanded to supplement the Engineering Department's construction inspection services. AGCM was the resident on site manager for major projects such as the CCIA Terminal Buildingt the American Bank Convention Center Expansion, American Bank Center Arena and Whatburger Field~ Voters approved $95 million in capital projects during the 2004 Bond Election. The first of the two bond issuances in the amount of $60,000,000 was approved by Council June 14, 2005. Engineering Services examination of methods to ensure the Council's initiatives are completed in an expeditious manner with the available resources. Externally contracting management services will allow the City to realize efficient management during the project implementation. The 2004 Bond Election represents a significant commitment to the future well being of the City. The additional project management services to be provided by Anderson Group are necessary to help ensure the projects are properly completed in a timely manner. FUNDING: Funding is being prorated among the 2005 CIP Funds. The Fire Station Improvements 2005 CIP Fund is not being charged. The Fire Station 2005 issue is being used to purchase a fire engine and does not require management services. TERM: The contract term is for approximately twenty-four (24) months subject to cancellation. CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "8". FINAL PRODUCT: This contract will result in additional project management resources allowing better management of projects actually under construction. H :\HOME\KEV1 N S\G EN\C I P\20Q4Bond Election \AGCMAwd BkgExhA .doc EXHIBIT "A" Page 1 of 1 CONTRACT SUMMARY BASIC SERVICES: A. Project Management Phase Services Construction phase services will include those services attached as Exhibit A. Additional construction phase services may include: 1. Develop Project management and project controls including formst tracking, reporting. and data management systems; 2. provide cost management assistance; 3. maintain and revise project schedules and critical path systems; 4. provide field oversight and quality assurance on a continuous resident representative basis; 5. develop a project safety system; 6. identify and report to the contractor and City staff any observed safety deficiencies and violations; 7. assist in assuring speciality system contractors coordination is maintained; III. ORDER OF SERVICES The Consultant ag rees to begin work upon receipt of the executed contract and Notice to Proceed. The anticipated duration of this contract is twenty four (24) months. Any extension of the term of contract will be determined and evidenced by a future amendment of this contract. A. FEE Fee for Basic Services Authorized. The City will pay the Consultant a lump sum fee not to exceed $1,158,000.00 for providing services specified in Section ILA. The fee will be full and total compensation for services and for all expenses incurred in performing these services~ Consultant will submit monthly statements for basic services rendered . For services provided in Section II.A the statement will be based upon the Consultanfs record of total services actually completed at the time of billing~ The basis of the billing will be the rates as set forth in Exhibit C. City will make prompt monthly payments in response to Consultant's monthly statements. IV. S fA th · d F umman 0 u onze eaSt Task No. Description Total Fee II.A Project Phase Services $1 ,158,000 Total Fee $1,158,000 EXHIBIT A Project Contract Administration Provide three full...time personnel including one program manager, one project manager, one engineering technician and one part time project principal for approximately twenty-four (24) calendar months. The personnel will provide assistance to the City Engineer through the management of City capital projects. This will include the development of project scopes, project budgets, schedules, and architectural/engineer proposats. The Consultant will conduct proposal evaluations. contract negotiations, review of project plans and specifications per City standards, assist with contract bidding, evaluation and award. The Consultant will coordinate with City Departments, consultants, and contractors. Typical services will include: 8. Attend design review meetings and pre-construction conferences with the City staff, City Engineer, City's design consultants and construction contractor's ke ersonnel. Exhibit B Pa e 1 of 2 Establish communication procedures with City staff, City Engineer. City's design consultants and Contractor~ b. Submit monthly reports of project progress. Reports will describe project progress in general terms and include a summary of project costs. cash flow, construction schedule and pending and approved contract modifications. Reports will be incorporated into the Management Information System. c. Maintain a document control system designed to track the processing of project submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all project communications~ Send contractorls submittalst including requests for information1 modification requests, shop drawings, schedulesl and other submittals to the CityJs design consultants for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor and City's design consultants in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Review architecfsl engineer's, and contractorls application for payment and recommend payment in accordance with the procedures in the construction contract documents. e. Establish and maintain a project documentation system consistent with the requirements of contract documents, including reports and tracking corrective actions. f. Provide three full time personnel to serve assist with program, project and technical management of Capital Improvement Projects. g. Assist the City in obtaining legal releases, permits, and other documents required as a result of the projects. h. Consultant will review and familiarize itself with the detailed schedule of the project implementation. i. Contract AdministrationJ Construction Phase Procedures, and Scope of Services - Consultant will assist with coordination and communication among facility managers, Consultant, City, design professional(s), and contractor(s) and other appropriate parties in accordance with the City's objectives of time, quality, and costs. j. Coordination of Other Independent Consultants - Consultant will assist the City Engineer with coordination of technical inspection and testing, including field testing, provided by design professional(s), or other third parties retained by City. k. Removal of Asbestos or any other Hazardous Material - The Consultant will only provide assistance in coordinating removal work, if any, with other ongoing activities. The Consultant will not be responsible for performing any asbestos or hazardous material administration, abatement, monitoring, management, removal. encapsulation. mitigation, or disposal activities. The Consultant will not be responsible for any failure of contractor( s) l su b-contractors, design professionals, asbestos/hazardous material firms, or other third parties to adhere to any regulatory requirements. I. Change Order Control - Consultant will assist the City Engineer with change order(s). m. Claims - When requested. Consultant will assist the City Engineer with review the contents of any construction claim submitted~ 16 AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a Construction Contract to KJM Commercial, Inc. of Corpus Christi, Texas in the amount of $471,600 for the for Corpus Christi Marina Development Project (Peoples Street T -Head) I Marina Boaters F acUity . ISSUE: The People Street T -Head marina complex is in need of improvements to current facilities.. New restroom, shower, laundry facilities and meeting rooms are planned to assist existing boat owners and accommodate visiting boaters to the complex. FUN-P1NG: Funding is available through the Park & Recreation Capital Improvement Program Budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the construction contract so a construction contract may be awarded and work may proceed. / Sally Gav. Director Park & Recreation AsI9ltional Support Material: Exhibit "A" Background Information Exhibit "8" Project Budget Exhibit uC" Bid Tab Summary Exhibit "0" Location Map H:\HOMBL YNDAS\GEN\Marina\3280 . PeooIes st Boaters Facil.tv\Mefrc.DOC BACKGROUND INFORMATION SUBJECT: Corpus Christi Marina Development Project Peoples Street T-Head, Marina Boaters Facility (Project No. 3280) PRIOR COUNCIL ACTION: 1. December 14. 2004 - Motion authorizing the City Manager, of his designee, to execute a Contract for Professional Services with Shiner Moseley & Associates in the amount of $405, 130 for the Corpus Christi Marina Development Project Peoples Street T-Head, Marina Boaters Facility (Project No. 3280) 2. March 201 2005 - Approval of the 2005 Capital Improvement Budget for $178,074,800. (Ordinance No. 026188) 3. Ju ne 14. 2005 - Ordinance by the City Cou ncil of the City of Corpus Ch risti , Texas, providing for the issuance of $4,500,000 City of Corpus Christ, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005 (Marina Development Project), and ordaining other matters relating to the subject. PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: Nothing Anticipated. PROJECT BACKGROUND: The Peoples Street T-Head Marina complex is in need of improvements to current facilities. A variety of events including Bayfest, Buccaneer Days, the U.S. Open Windsurfing Regatta and the Fourth of July Celebration attract transient non-trailerable vessels and local boaters to the Corpus Christi Marina. New restroom, shower, laundry facilities and meeting rooms are planned to assist existing boat owners and accommodate visiting boaters to the complex. Such amenities are necessary to attract quality boating events and boat owners to this area. PROJ Eel DESCRIPTION: The project consists of consists of: . a new 1,860 8.f. one-story structure with: . toilets & restrooms, . meeting room, . laundry, . concrete foundation and drilled piers, . concrete masonry unit (eMU) walls, . metal roofing and modified bitumen roofing and . includes repairs/modifications to existing nearby lift station building, . Other items of work include carpentry, drywall and stucco, batt insulation, hollow metal doors and frames, painting, carpet and ceramic tile, HVAC, plumbing and electrical work together with all appurtenances and associated work. EXHIBIT "A" Page 1 of 3 H:\HOME\L YNDAS\GEN\Marina\3280 - Peopies 5t Boaters Fadlity\8ACKGROUND.doc IHQjNFORMATION: The project consists of one total base bid. The total base bid provided for all work described in the plans and specifications for construction of the project. The City received proposals from five (5) bidders on June 1, 2005. (See Exhibit "e" Bid Tabulation) The bids ranged from: . KJM Commercial: $471,600 . CamRett Corp.: 476,200 . Sal-Con: 476,400 . Progressive Structures: 496,000 . Barcom Commercial: 533,486 The Engineers estimated construction cost for the project is $474,000. During the bid opening, the apparent low bidder (KJM Commercial) did not acknowledge receipt of Addendum No.2, therefore, their bid was declared irregular by the City. At that time, the Director of Engineering requested that KJM Commercial acknowledge, in writing, that their proposal included the work described by Addendum No~ 2. Subsequent to that request, KJM Commercial provided the City with a letter (on June 1 , 2005) stating that they did receive both addenda and did include the work in the bid proposal. Since the bid opening, two written protest have been received protested the consideration of the possible acceptance of the apparent low bidder for this project. They claim their protest is based on the requirements of the contract documents as listed in Part A. Soecial Provisions. A-g. Acknowledgment of Addenda, which states: The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal" Failure to do so will be interpreted as non-receipt. Since addenda can have significant interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder~ As such, the bid was determined irregular. Under the City's General Provisions and Reauirements for Municipal Construction Contracts Part 8-2-13 irregular proDosals are considered as such: Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest afthe City. Also during the bid opening there was a question regarding the validity of the bid bond presented by CamRett General Contractors (2nd apparent low bidder). The document had the partial title of the project, but did not list the City project number. However, after review during the bid opening by the City's legal staff, the bid bond was declared enforceable and the proposal acceptable. EXHIBIT "A" Page 2 of 3 H:\HOME\l YNOAS\GEN\Mafina\3280 - Peoples 5t Boaters Fadhty\BACKGROUND.doc To evaluate the apparent low bid, the City's Engineering Consultant, Shiner Moseley and Associates asked for additional information from the apparent low bidder due to the Contractor having no previous project history with the CitYI including: 1 ~ Complete listing of projects completed within the last five years, 2. Complete listing of projects currently being constructed, 3. Brief description of company, start date of the company and principals' resumesl and, 4~ Clarification of specific items listed in the schedule of values. From the AlE Consultant's review of the above information, they (Shiner Moseley & Associates) recommend that based on low bid, satisfactory references and the proposal submitted, that KJM Commercial has the capability to complete this project in accordance with the plans and specifications and that the City Council waive the irregular bid and award a construction contract in the amount of $471,600 to KJM Commercial, Inc for the Corpus Christi Marina Development Project, Peoples Street T-Head, Marina Boaters F acil ity. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by February 2006. FUNDING: Funds for this project are available from FY 2004-2005 Park & Recreation Capital Improvement Budget. EXHIBIT "A" Page 3 of 3 H:\HQME\l YNDAS\GEN\Marina\3280 ~ Peoples 5t Boaters FaciHty\BACKGROUND.doc Corpus Christi Marina Development Project Peoples Street T -Head Marina Boaters Facility PROJECT BUDGET June 28, 2005 FUNDS AVAilABLE: I Marina Certificates of Obligation ESTIMATED BUDGET 1$ 967,390.00 I EYHPS REQUIRED: Construction Cost (KJM Commercial) $ 471,600.00 Construction Contingencies 47,160.00 *A1E Consultant (Shiner Moseley & Associates, Inc.) 405, 130.00 Conltruction Inspection 20,000.00 Engineering Reimbursements 14,000.00 Ad rrinistrative Reimbursements 7,000.00 Incidental Expenses (Printing, Advertising, etc.) 2,500.00 T atal.. .. . . . . . . . to . . to . . . . ~ . . to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to . . 01 to . . . .. . . . 01 . $ 967 t390.00 * This cost also includes the design of the Floating Docks "E", "F", "G", and the Commercial Dock. 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S 04 rl )..j ...... .. cv .:: .:r;: 1J") # ..-1 (f}- <n- ~N :: '0 ;!::N :ea> J:D) >< CO WD.. o o o o o o a ~ \0 CO oqI M Pl LO (f} (11. o o o o o ~ (f)- o o o o a M o o o o o \0 0. ., (f}- en- o o o o o f"rl Vl- Q) u c:: m ): o .....-.l rl ~ "U C rtI " .ri lEI 4V t'l ~ c:Q r-4 RJ oIJ o E-t M File : \Mpro Oect\councilexhibits\exh3280.dwg J/U( CITY PROJECT No. 3280 zEJ ~( w~ SHORELINE BLVD ) ( . E. SHORELINE BLVD. ~ ) ( .. -----.... -- -----.. --. .... . - ..... .... -- ~ I - ----~ : G ~-- __..... ~~_~ .... .... , . ... ----.. --.. : ~ U o o COMMERCIAL DOCK BOA TERS FACILITY/RESTROOM VICINITY MAP NOT TO SCALE EXHIBIT -D- MARINA DEVELOPMENT PROJECT-PEOPLES STREET T-HEAD (Floating Docks E, F, G, H,& Commercial Dock) AND BOA TER'S FACILITY/RESTROOM CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVfCES LI -- - ~ - ~ - ~---~ ~....... PAGE: 1 0 f 1 DATE: 6-21-2005 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 6/28/05 AGENDA ITEM: A. Ordinance rescinding Ordinance No~ 026247 which appropriated $402,233.80 from the unappropriated interest earnings from Street 2000 Capital Improvement Program Fund 3411 B and appropriated $202,169.13 from the unappropriated interest earnings from Street 2001 Capital Improvement Program Fund 3540 for the Cimarron Boulevard Improvements Project, Phases 1 and 2; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93. B. Ordinance rescinding Ordinance No. 026248 which appropriated $87,045.36 from the unappropriated miscellaneous revenues from Street Capital Improvement Program Fund 3530, appropriated $201,753.69 from City Hall Capital Improvement Program Fund 3160 and transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Doddridge Street Improvement Project; amended Capital Budget adopted by Ordinance 026188 by increasing appropriations by $490,552.74. c. Ordinance rescinding Ordinance No. 026249 which appropriated $536,350 from City Hall Capital Improvement Program Fund 3160, transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Neighborhood Street Reconstruction Project; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,072,700. D. Ordinance rescinding Ordinance No. 026262 which appropriated $196,385 from City Hall Bond Fund 3160, transferred to and appropriated in Library Capital Improvement Program Fund 3120 for the Northwest Library Expansion; amended FY 2004-2005 Capital Budget adopted by Ordinance 026188 by increasing appropriations by $392,770" E. Ordinance rescinding Ordinance No~ 026276 which appropriated $423,830~30 from City Hall Capital Improvement Fund 3160~ transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Up River Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $847,660.60. H:\FIN-DIR\SHARED\AGENDA\2005\Rescinding Ordinances with ed.doc 1 F. Ordinance rescinding Ordinance No. 026284 which appropriated $298,809 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $298,809 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Project Fund 3530 for the Greenwood Drive, Phase 1 Street Improvement Program; amended FY 2004-2005 Capital Budget adopted by Ordinance No~ 026188 by increasing appropriations by $597,618~ G. Ordinance rescinding Ordinance No. 026285 which appropriated $423,980 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $423,980 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Program Fund 3530 for the Laguna Shores Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $847,960. H. Ordinance rescinding Ordinance No. 026286 which appropriated and approved the transfer of $173,502 from the unappropriated interest earnings in the Water Capital Improvement Program Fund 4084 to and appropriated in the Street Capital Improvement Program Fund 3530 for the Cliff Maus Road Improvements Project Phases 2 & 3; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $347,004. ISSUE: In November 2004, the voters of Corpus Christi approved $95,000,000 of bond projects.. On June 24, 2005, the City Council approved the issuance of$60,000,000 of general improvement bonds to be used for voter-approved infrastructure projects. The remaining $35,000,000 of bonds authorized by the voters in November 2004 is scheduled for issuance within the next 18 to 24 months. On November 9, 2004, a reimbursement resolution was passed by the City Council authorizing the City to pay expenditures in connection with the design, planning, acquisition and construction of the voter-approved projects prior to the issuance of obligations by the City. From November 2004 to June 2005, the City began work in connection with these projects and obligated funds from other sources in order to authorize the contracts. This agenda is needed as a housekeeping item to rescind all previous ordinances which utilized other sources for Bond 2004 projects. PRIOR COUNCIL ACTION: November 9, 2004 - Approval of Resolution 026015 expressing official intent to reimburse costs of the 2004 Bond Capital Improvements Projects~ May 10, 2005 - Approval of Ordinance 026247 May 10, 2005 - Approval of Ordinance 026248 May 10, 2005 - Approval of Ordinance 026249 May 10, 2005 - Approval of Ordinance 026262 May 24, 2005 - Approval of Ordinance 026276 May 31, 2005 - Approval of Ordinance 026284 May 31, 2005 - Approval of Ordinance 026285 May 31, 2005 - Approval of Ordinance 026286 H ~ \FIN - DI R\S HARE D\A. GEND A \2005\Rescinding Ordinances with ed. doc 2 June 14, 2005 - Approval of Ordinance 026292 providing- for the issuance of $86,485,000 of the General Improvement and Refunding Bonds, Series 2005 ($60,000,000 of new money and $26,485,000 of refunding bonds) REQUIRED COUNCIL ACTION: Approval of the rescinding ordinances~ CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the ordinances~ ~o.~ Cindy O'Brien Director of Financial Services H~\FTN-DIR\SHARED\AGENDA\2005\Rescinding Ordinances with ed.doc 3 ORDINANCE RESCINDING ORDINANCE NO. 026247 WHICH APPROPRIATED $402,233.80 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM STREET 2000 CAPITAL IMPROVEMENT PROGRAM FUND 34118 AND APPROPRIATED $202,169.13 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM STREET 2001 CAPITAL IMPROVEMENT PROGRAM FUND 3540 FOR THE CIMARRON BOULEVARD IMPROVEMENTS PROJECT, PHASES 1 AND 2; AMENDED CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $604,402.93; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026247 which appropriated $402,233980 from the unappropriated interest earnings from Street 2000 Capital Improvement Program Fund 3411 B and appropriated $202 f 169.13 from the unappropriated interest earnings from Street 2001 Capital Improvement Program Fund 3540 for the Cimarron Boulevard Improvements Project, Phases 1 and 2; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402~93 is hereby rescinded. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved June 23,2005 \..... By: 'I~ ~ Lisa Aguilar - - Assistant City Attorney for City Attorney ORDINANCE RESCINDING ORDINANCE NO. 026248 WHICH APPROPRIATED $87,045.36 FROM THE UNAPPROPRIATED MISCELLANEOUS REVENUES FROM STREET CAPITAL IMPROVEMENT PROGRAM FUND 3530, APPROPRIATED $201,753.69 FROM CITY HALL CAPITAL IMPROVEMENT PROGRAM FUND 3160 AND TRANSFERRED TO AND APPROPRIATED IN STREET CAPITAL IMPROVEMENT PROGRAM FUND 3530 FOR THE DODDRIDGE STREET IMPROVEMENT PROJECT; AMENDED CAPITAL BUDGET ADOPTED BY ORDINANCE 026188 BY INCREASING APPROPRIATIONS BY $490,552.74; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026248 which appropriated $87,045.36 from the unappropriated miscellaneous revenues from Street Capital Improvement Program Fund 3530, appropriated $201,753;69 from City Hall Capital Improvement Program Fund 3160 and transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Doddridge Street Improvement Project; amended Capital Budget adopted by Ordinance 026188 by increasing appropriations by $490,552.74;is hereby rescinded . SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved June 23,2005 By: c/...~ ~ Lisa Aguilar - - Assistant City Attorney for City Attorney ORDINANCE RESCINDING ORDINANCE NO. 026249 WHICH APPROPRIATED $536,350 FROM CITY HAll CAPITAL IMPROVEMENT PROGRAM FUND 3160, TRANSFERRED TO AND APPROPRIATED IN STREET CAPITAL IMPROVEMENT PROGRAM FUND 3530 FOR THE NEIGHBORHOOD STREET RECONSTRUCTION PROJECT; AMENDED CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $1,072,700; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026249 which appropriated $536,350 from City Hall Capital Improvement Program Fund 3160, transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Neighborhood Street Reconstruction Project; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,0721700; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,072.700 is hereby rescinded. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved June 23,2005 By: I!.~ ~ Lisa Aguilar Assistant City Attorney for City Attorney ORDINANCE RESCINDING ORDINANCE NO. 026262 WHICH APPROPRIATED $198,385 FROM CITY HALL BOND FUND 3160, TRANSFERRED TO AND APPROPRIATED IN LIBRARY CAPITAL IMPROVEMENT PROGRAM FUND 3120 FOR THE NORTHWEST LIBRARY EXPANSION; AMENDED FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE 026188 BY INCREASING APPROPRIATIONS BY $392,770; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026262 which appropriated $196t385 from City Hall Bond Fund 3160, transferred to and appropriated in Library Capital Improvement Program Fund 3120 for the Northwest Library Expansion; amended FY 2004-2005 Capital Budget adopted by Ordinance 026188 by increasing appropriations by $392.770; amended FY 2004-2005 Capital Budget adopted by Ordinance 026188 by increasing appropriations by $392,770 is hereby rescinded. SECTION 2. That upon written request of the Mayor or fIVe Council members. copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved June 23, 2005 By: 'I~ ~ Lisa Aguilar Assistant City Attorney for City Attorney ORDINANCE RESCINDING ORDINANCE NO. 026276 WHICH APPROPRIATED $4231830.30 FROM CITY HALL CAPITAL IMPROVEMENT FUND 3160, TRANSFERRED TO AND APPROPRIATED IN STREET CAPITAL IMPROVEMENT PROGRAM FUND 3530 FOR THE UP RIVER ROAD STREET IMPROVEMENT PROJECT; AMENDED FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $847,660.60 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026276 which appropriated $423,830.30 from City Hall Capital Improvement Fund 31601 transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Up River Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $847,660.60 is hereby rescinded9 SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of 1 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved June 23.2005 By: 'cIfiz-. ~ Lisa Aguilar - - Assistant City Attorney for City Attorney Henry Garrett Mayor ORDINANCE RESCINDING ORDINANCE NO. 026284 WHICH APPROPRIATED $298,809 FROM THE UNAPPROPRIATED MISCELLANEOUS REVENUES FROM WATER CAPITAL IMPROVEMENT PROGRAM FUND 4080; AND APPROPRIATED AND APPROVED THE TRANSFER OF $298,809 FROM WATER CAPITAL IMPROVEMENT PROGRAM FUND 4080 INTO STREET CAPITAL IMPROVEMENT PROJECT FUND 3530 FOR THE GREENWOOD DRIVE, PHASE 1 STREET IMPROVEMENT PROGRAM; AMENDED FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $597,618; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026284 which appropriated $298,809 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $298,809 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Project Fund 3530 for the Greenwood Drivel Phase 1 Street Improvement Program: amended FY 2004- 2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $597,618 is hereby rescinded. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of 12005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved June 23,2005 \ By: X~ ~ Lisa Aguilar Assistant City Attorney for City Attorney - "......-.= ._- .~- ~ ORDINANCE RESCINDING ORDINANCE NO. 026285 WHICH APPROPRIATED $423,980 FROM THE UNAPPROPRIATED MISCEllANEOUS REVENUES FROM WATER CAPITAL IMPROVEMENT PROGRAM FUND 4080; AND APPROPRIATED AND APPROVED THE TRANSFER OF $423,980 FROM WATER CAPITAL IMPROVEMENT PROGRAM FUND 4080 INTO STREET CAPITAL IMPROVEMENT PROGRAM FUND 3530 FOR THE LAGUNA SHORES ROAD STREET IMPROVEMENT PROJECT; AMENDED FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $847,960; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026285 which appropriated $423,980 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $423,980 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Program Fund 3530 for the Laguna Shores Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No~ 026188 by increasing appropriations by $847,960 is hereby rescinded. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta ry Approved June 23, 2005 By: 'I..~ ~ Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor ORDINANCE RESCINDING ORDINANCE NO. 026286 WHICH APPROPRIATED AND APPROVED THE TRANSFER OF $173,502 FROM THE UNAPPROPRIATED INTEREST EARNINGS IN THE WATER CAPITAL IMPROVEMENT PROGRAM FUND 4084 TO AND APPROPRIATED IN THE STREET CAPITAL IMPROVEMENT PROGRAM FUND 3630 FOR THE CLIFF MAUS ROAD IMPROVEMENTS PROJECT PHASES 2 & 3; AMENDED FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NOw 026188 BY INCREASING APPROPRIATIONS BY $347,004; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026286 which appropriated and approved the transfer of $173,502 from the unappropriated interest earnings in the Water Capital Improvement Program Fund 4084 to and appropriated in the Street Capital Improvement Program Fund 3530 for the Cliff Maus Road Improvements Project Phases 2 & 3; amended FY 2004-2005 Capital Budget adopted by ordinance no. 026188 by increasing appropriations by $347,004 is hereby rescinded. SECTION 2. That upon written request of the Mayor or five Council members. copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2005~ ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved June 23t 2005 By: ;I....A/i4- ~ Lisa Aguilar - - Assistant City Attorney for City Attorney 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28. 2005 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a five-year lease with Brian Carson, d~b~a. Carson's Deli and Cateringt for the use of Merriman-Bobys House in Heritage Park to operate as a food service operation in consideration of monthly payment of greater of 100/0 of monthly gross sales less sales tax, or minimum monthly rental fee of $500; providing for severance. ISSUE: Parks and Recreation's Division of Cultural Services has been expanding its operations at Heritage Park to include a restaurant. Brian Carson was the only restaurateur who expressed interest in our Request For Proposal (RFP). REQUIRED COUNCIL ACTION: City Council must authorize the City Manager or his designee to execute the necessary documents to allow for a five-year lease of the Merriman-Bobys House by Carson's Catering and DelL PREVIOUS COUNCIL ACTION: None FUNDING: As tenant, Carson's Catering and Deli will pay monthly payment of the greater of 100!O of monthly gross sales less sales tax, or minimum monthly rental fee of $500; providing for severance. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion. A Sally Ga ik, Director Parks an Recreation Attachments: Background Information BACKGROUND INFORMATION The Merriman-Bobys House is the second oldest structure existing in Corpus Christi.. It currently is located in Heritage Park, facing Corpus Christi Bay~ The original house was built with native wood and square nails, and was the first one- gabled design with a porch across the entire front of the structure. The second and third gables were added about the time of the Civil War~ This historic home is a clear example of Greek Revival architecture~ The Merriman-Bobys house was previously used as a restaurant by its original tenant, the Arts CounciL There are five rooms; two parlors, one large room and two smaller "breakfast nooks" and a kitchen. The five rooms can all be used as dining rooms for the restaurant.. The kitchen is large and has a commercial-style double sink.. Electical improvements have been made to the kitchen to adapt it for use by a commercial electrical stove. This is probably the most unique structure in Heritage Park, certainly the most typical of early Corpus Christi architecture. The front entry includes a raised panel door, bordered by sidelight and a full transom. Morris L. litchenstein purChased the house in 1981 and donated it to the City. Brian Carson! of Carson.s Catering and Deli, has agreed to become the restaurateur for the Merriman-Bobys House in Heritage Park for the next five years. The restaurant will be called Carson's at Heritage Park~ Cultural Services sent the RFP, giving the publiC ample time to respond.. No one showed interest except Mr~ Brian Carson, who had expressed much interest in the house, even before receiving the RFP. With only one response, we were allowed to sole source the lease. We offered Mr~ Carson the opportunity of being the lessee for Merriman-Bobys House. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE-YEAR LEASE WITH BRIAN CARSON D.B.A. CARSONIS DELI AND CATERING FOR THE USE OF MERRIMAN-BOBYS HOUSE IN HERITAGE PARK, TO OPERATE AS A FOOD SERVICE OPERATION, IN CONSIDERATION OF MONTHLY PAYMENT OF THE GREATER OF 10% OF MONTHLY GROSS SALES LESS SALES TAX OR MINIMUM MONTHLY RENTAL FEE OF $500; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease with Brian Carson doing business as Carson's Deli and Catering, for the use of the Merriman-Bobys House in Heritage Parkt for food service operations, in consideration of monthly payment of the greater of 10% of monthly gross sales less sales tax or minimum monthly rental fee of $500. A copy of the lease is attached as Exhibit A and a copy of the lease shall be filed with the City Secretary. SECTION 2. If I for any reasonl 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 jurisdictiont it shall not affect any other section, paragraph, subdivision, clause, phraset word or provision of this ordinance, for it is the definite intent of the City. Council that every section, paragraph, subdivision, phrase, word and provision hereof shall 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 and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of I 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Legal form approved -tl~ 2) ,2005 By: X ~-?- . ':lL.;-l Lisa Aguilar Assistant City Atto for City Attorney LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND Carson's Dell and Catering S1 ATE OF TEXAS I S COUNTY OF NUECES 5 KNOW ALL BY THESE PRESENTS: This lease agreement ("Leasetl) is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation C'Cityn), acting through its duly authorized City Manager. or his designee ("City Manager"), and Brian Carson dba Carson's Deli and Catering. WHEREAS, the City owns the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas ("Premlaeelt); WHEREAS, Lessee has requested the use of the Premises for the purpose of operating a food service operation subject to the terms, conditions and covenants contained in this Lease; andt WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation~ (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee~ (E) Finance Director means the City's Director of Finance or the Director of Finance's designee~ (F) Gross Receipts is defined in Section 5(B) of this Lease. (G) Holdover Period means any period of time, measured in pro rata monthly increments for rental payment purposes. that Lessee remains in the Premises after the expiration of the original term of this Lease~ the term being five years. (H) Lease means this lease document, including all attached and incorporated exhibits. Et~dr7it 1+ 2 (I) Le.... means Carson's Deli and Catering~ (J) Parks means the City's Park and Recreation Department. (K) Preml_ means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the Merriman-Bobys House, located at 1521 North Chaparral Street. in the City~ (L) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2 Purpose. The purpose of this Lease, between City and Lesseel is to enable Lessee to operate a food service business in the Premises that will make direct sales to the public of food and non...alcoholic beverages. Lessee shall establish and maintain during the term of this Lease a food service businessl operated as a restaurant, and shall not operate the Premises for any other purpose without Directo(s prior written approval. Lessee may permit its customer to bring customer- purchased wine onto Premises for customers use and consumption with meal at Premises, so long as Lessee remains at all times in compliance with all applicable rules of the Texas Alcoholic Beverage commission and not allow its staff to store, serve, chill, open, possess or maintain the wine. SectIon 3 Tenn. The City leases the Premisesl subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years, beginning August 1, 2005, upon final Council approval, and this Lease will continue in force, unless sooner terminated as set out herein, and extending thereafter as a month to month tenancy f'Holdover Period"), notwithstanding the duration of time for which rent may be paid, upon the same terms and conditions as set out herein; provided, however, that the Holdover Period shall not exceed twelve months in length; further provided, that the City Manager has the absolute right to terminate the tenancy with or without cause upon sixty (60) days written notice to Lessee. Section 4 Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 5 Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, the greater of 100/0 of monthly gross sales, less sates tax or a minimum monthly rental fee of $500. (B) "Gross Receipts II means all monies paid or payable to Lessee for sales made and for services rendered at or from the Premises, regardless of when or where the order therefor is receivedt and outside the Premises, if the order therefor is received at the Premises, and any other revenues of any type arising out of or in connection with Lessee's operation" at the Premises including, but not limited to, those operations of Lessee's agents or pennitted sublessees arising from any sales made or services rendered at or from the Premises. Gross Receipts do not include (i) any taxes that are separately paid by a customer and directly payable to the taxing authority by the Lessee, (ii) alcoholic beverage taxes collected for 3 remittance to the taxing authority from the retail sale of alcoholic beverages and (iii) tips earned by wait staff~ (C) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Departm~nt, P. O~ Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TXJ 78401. Section 6 Statements; Record Retention. (A) Lessee must furnish to the Finance Director a certified monthly statement of Gross Receipts and sales taxes on or before the 10th day of each month during this lease. itemizing sales amounts and dates and times of operation for the preceding calendar month~ The statement form will be approved, prior to commencement 'of this Lease, by the Finance Director. The statement form may be altered, during the term of this Lease, at the Finance Directors discretion~ (B) Lessee must keep accurate books of account of all Gross Receipts collected. The books of account will be open for inspection, copying or audit by the City Manager at all reasonable times,. Failure to provide the books of account, upon request of the Director, is cause to termtnate this Lease. (C) All underlying documentation for Lessee's certified monthly statements of Gross Receipts including, but not limited to, cash register tapesl purchase orders, invoices, and sales receipts must be preserved by Lessee during the term of this Lease and for at least two years thereafter. Failure to preserve, or to provide to the Director on request, the documentation, is cause to terminate this Lease~ (0) No later than the last day of the month in which such return is due, the Lessee must provide the Director with copies of its Texas sales and use tax returns for all sales at the Premises. Failure to provide said copies is cause to terminate this Lease~ Section 7 Delinquency and Default Regarding Rental Payments. (A) Lessee is "delinquent" if the City has not received Lessee's monthly rental payment and statement of Gross Receipts on or before 5:00 p.m. on the 10th day of the month in which payment is due. If the 10th day on the month falls on a weekend or holiday, the payment and statement of Gross Receipts must be tendered on the first business day thereafter. (B) Lessee is in ftdefault" for purposes of Section 24 of this Lease if Lessee fails or refuses to pay the amount due or provide the required statement of Gross Receipts within five (5) days after the City has sent a written notice of delinquency to Lessee. Section 8 Hours of Operation. Lessee wilt be open to the public and operate the Premises, during nonnal operating hours on a year-round basis. The restaurateur has the option of starting with lunch hours and then adding dinner hours once the restaurant is successful. .The restaurateur will also have the option of determining business hours during the weekend~ Hours of operation may be 3 4 adjusted. for scheduled seasonal activities and other special events scheduled by Parks, with the prior written approval of the Director. SectIon 9 Public Tours. Lessee grants to Parks the right to continue free public tours through the Premises. Section 10 Parking. (A) les&ee is given. during the term of this Leaser the right to designate up to eight (8) parking spaces within the general parking area of Heritage Park. If Lessee chooses to designate the parking spaces, the Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) Lessee's designated parking spaces are for use by customers of the Premises during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utifize the designated parking spaces. (C) lessee's designated parking spaces are for use by passenger vehicles only and must not be utilized for commercial purposes. such as loading and unloading of equipment or supplies, by Leseee or lessee's vendors or suppliers. Section 11 Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. (B) The cost to Lessee, for the provision of garbage collection service by the City. is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster provided by City at the Premises. Any garbage needs lessee may detennine are required at Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of, and at the sole expense of. lessee. Lessee may request that City Director obtain a larger container (6 cubic yard approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference between a four (4) cubic yard container and a six (6) cubic yard container. (0) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at LesseeJs sole expense~ (E) The Premises is wired for electrical service. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, lessee shall bear the cost for the use 4 5 and maintenance of the existing security alarm system in the Premises for the term of this Lease~ (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water, and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 12 Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premisest subject to sufficient annual budget appropriations. The City shall be responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations, unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and agreed that the City shall maintain the utility lines serving the Premises1 subject to sufficient annual budget appropriations. (8) lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to includet but not be limited to, painting and keeping in good repair the plumbing and light fixtures. Any additional maintenance required to maintain Lessee's food service in the Premises, during the term of this Lease, is the sole responsibility of Lessee. (C) Lessee shall be responsible for cleaning the entire Premises and will supply paper goods and chemicals necessary for cleaning.. Clean-up duties will consist of keeping the entire interior area clean within the standards of the Texas Department of Health, the Nueces County-City of Corpus Christi Health District, and all applicable laws and ordinances, as amended, of the State of Texas and the City, respectively, pertaining to food and beverage service operations. Clean-up tasks will include, but are not limited to, keeping tables clean, cleaning up spilled food and drinks, and includes the removal of trash from the Premises and the placement of same trash in the on-site garbage dumpster provided by the City f as set out in Section 11 (C) above. Section 13 Furniture, Fixtures, and Equipment (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. 5 6 (B) All personal property and trade fixtures furnished by or on behalf of Lessee will remain the property of the Lessee, with the exception of the ventless hood system presently installed in the Premises, unless such personal property and trade fixtures are speCifically donated to the City during the term of this Lease. (C) All capital construction, such as installation of plumbing fIXtures, the ventless hood system, and architectural changes to the interior. will remain the property of the City. (0) In the interest of maintaining the current Victorian theme of Heritage Park, the Director shall retain the right to approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease, prior to installation. Section 14 City Use. (A) If Lessee is not using the Premises, City has the right to use any or all of the Premises for City purposes. Lessee shall not be entitled to any compensation. in whatever form, either tangible or intangible, for the CitYs use of the Premises. (B) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from instelling, maintaining, repairing, or removing the utility lines and easements. City must use reaIOnable judgment in locating the utility lines and easements to minimize damage to the Premises.. Section 11 Laws Affecting Operation of Premises and Perfonnance. (A) Lessee shall ensure that the operation of the restaurant is, at all times during the term of this Lease, operated in accordance with all applicable Federal, State, and local laws, ordinances. NleI and regulations. (B) In addition,. Lessee shall ensure that all sales of alcoholic beverages by Lessee are in compliance with all applicable provisions of State law pertaining to the sale of alcohol and alcoholic beverages at the Premises~ (C) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements applicable to food and beverage operations~ (0) Furthermore, Lessee shall comply with any other Federal, State and local laws, ordinances, rules and regulations applicable to Lessee's perfonnance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 11 Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Sections 12(8) and (e), or for any other purpose incidental to City's retained rights of and in the Premises. 6 7 Section 17 Capital Improvements. City may. from time to time, and in City1s sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which lessee shall be required to vacate the Premises. should the Director deem this necessary. Lessee agrees that the tenn of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 18 Relationship of Parties. This Lease establishes a landlordltenant relationship. and none other, and this lease must be construed conclusively in favor of that relationship. In performing this lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one anothera The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 19 Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager~ Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Attachment constitutes grounds for tennination of this lease~ (6) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. (0) The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lesseet to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. (E) In the event alcoholic beverages are to be served or consumed on any Premises covered by this Leaset the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liabiHty insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. 7 8 (F) Lessee shall, prior to any addition or alteration to, in, on. or about the Premises, obtain prior clennce, in writing. from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 21 (A), as contained herein. Section 20 Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully Indemnify, save and hold harmless the City, its officers, agents, ,."resentativesl and employees (collectively, "Indemnltees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoe.., ...erted against or recovered from City on account of Injury or damage to person Including, without limitation on the foregoing, premises defects, workers' compensation and death c'''''''', or property loss or damage of any. other kind whatsoever, to the extent any Injury, dlllRag., or loss may be incident to, arise out o~ be caused by, or be in any way connectecl with, either proximately or remotely, whol'vor In parl: (1) Lessee's petformance pursuant to this Lease; (2) Lessee's use of the Premises and any and ." activities associated therewith pursuant to thIs Lease; (3) the violation by Lessee, Its officers, employees, agents, or repl8$entatlves or by Indemnltees or any of them, of any law, nI'e, regulation, ordinance, or governmwtt order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, Its officers, ."",/0"", agents, or representatives or of Indemnltees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omissIon Is caused or Is claimed to be caused by the contributing or concurrent negligence of Indemn/tees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any. other person or entity and Including all expenses of litigation, court costs, and attorneys' fees, which arise, or are c!aimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, "City is made a party to any litigation against Lessee or In any litlgalon commenced by any party, other than Lessee relating to this Lease, Lessee shal', upon I1ICeIpt of t88sonab/e notice regarding commencement of litigation, at its own expense, investigate .11 claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and a" other costs and expenses of any kind whatsoever arising from any said li8bility, injury, damage, loss, demand, claim or action. Section 21 Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in. ont or about said Premises, without the prior written consent of the City. Lessee must also obtain clearance from the Risk Manager as required by Section 19(F) above. (B) All approved alterations. improvementst and additions made by the Lessee upon said Premises. although at his own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any 8 9 and aH damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 22 Signs. (A) Lessee shall not exhibit. inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs'l) at, ant or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove. repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 23 Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City~ Lessee shall not, in whole or in part. assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City~ Section 24 Default (A) The following constitute Events of Default under this Lease: (i) default in the payment of rent or other payments hereunder; (ii) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account; (iii) failure to furnish an accurate statement of Gross Receipts to the City, failure to furnish quarterty sales tax reports for all sales made on and at the Premises, or failure to"furnish the books of account for inspection; (iv) failure to pay utilities before the due date; (v) failure to perform scheduled maintenance; (vi) abandonment of the Premises; (vii) failure to maintain any insurance coverage's required herein; (viii) failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises; and 9 10 (ix) failure to keepl perfoRn, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of such notice; or (ii) immediately or at any time after the occurrence of such Event of Default and without notice or demand, enter upon the Premises, or any part thereof in the name of the whole, and, upon the date specified in a notice, if given, or in any notice pursuant to law, or upon such entry, this Lease terminates. Section 25 No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 26 Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (I) by personal detivery; (ii) by deposit with the United States Postal Service as certified or registered mail, retum receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission.. (8) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fat( transmission will be deemed effective upon transmission with proof of delivery. (C) All these communications must only be made to the following: JF TO CITY: IF TO LESSEE: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Chrtsti, Texas 78469...9277 Attn: Director of Park and Recreation Brian Carson dba Carson's Deli and Catering 5009 Saratoga Boulevard Corpus Christi, Texas 78413 10 11 (0) Either party may change the address to which notice is sent by using a method set out above. lessee shall notify the City of an address change within ten (10) days after the address is changed ~ Section 27 Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion. national origin) marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 28 Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 29 Waiver. (A) The failure of either party to complain of any act or omission on the part of the other partyl no matter how long the same may continue, shall not be deemed a waiver by said party of any of its rights hereunder.. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion.. (B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms. obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 30 Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation. any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance' until these exigencies have been removed. The Lessee shall infonn the City in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. 11 12 Section 31 Surrender. Les~ee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered I upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted~ Section 32 Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the Premises, collect the lease payment(s) due hereunder, collect for any damages with regard to this lease, to the Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attomeys' fees in said action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 33 Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance I as required by the City Charter, in the legal section of the local newspaper. Section 34 Interpretation. This lease will be interpreted according to the Texas laws that govern the interpretation of contracts~ Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. SectIon 35 Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall sUlVive any such termination or expirationl or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. Section 38 Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. Section 37 Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 38 Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 39 Severability. (A) 1ft for any reason, any section, paragraph, subdivision, clause, provision. phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease. or the application of said term or 12 13 provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivisiont clauset provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal. invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, win be added to this Lease automatically_ EXECUTED IN DUPLICATE, each of which shall be considered an original, on the , 2005. day of ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George Noe City Manager , 2005. STATE OF TEXAS ~ S COUNTY OF NUECES S This instrument was acknowledged before me on ,2005, by George Noe, or his designee , City Manager of the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas 13 ,~~~' "~ .-.- -' -,,'........... , -. ..._- .-. ,.,~,---...-...-'-,,"""'''''''''''' ,-~" P""'" .~~~I..~--:'+~ 14 LESSEE: Bri~rson ~bt'farsonts Deli and Catering By:-~Qu~ Date: ~ t>1J E- :t (. AS p -S- , Sf A TE OF TEXAS ~ i COUNTY OF NUECES I This instrument was acknowledged before me on J}...a , - dba Carson's Deli and Catering. , 20051 by Brian Carson .Dn--D~~ Printed Name L l Commission expires: ~., ( zDC@ 14 IS INSURANCE RE~JREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained.. Bot Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket wai~er of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice or eanceUation, material change, Don.. reaewal, or termiaatioD aDd 10 day written notice of C8acellation for DOD-payment of premium is required OD aU certificates Commercial General Liability including: 1. Commercial F ODD 2~ Premises - Operations 3. Products! Completed Operations Hazard 4~ Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury Bodily Injury and Property Damage Per occurrence aggregate $500,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor beiag served or consumed on premises $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSA nON Applicable when employs paid employees, WInCH COMPLIES WITH THE TEXAS WORKERS' COMPENSA nON ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 c. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Merrriman Babys House lease ins. req. 5..9-OS ep Risk Mgmt. I. ADDITIONAL REOUlRE?v1ENTS 16 A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met B. Certificate of Insurance: . The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a blanket waiver of subrogation is required on all applicable policies. * If your insurance company uses the standard ACORD form, the canceUation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In the alternative, a copy ofa policy endorsement with the required cancellation language is required. * The name of the project must be listed under "Description of Operations" · At a minimum, a 30-day written notice to the Risk Manager of cancellation, material change, non- renewal or termination and a to-day written notice of cancellation for non-payment of premium is required. c. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1 )-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. 19 AGENDA MEMORANDUM June 28, 2005 AGENDA ITEM: a. Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement with Yorktown 050 Joint Venture, owner and developer of Rancho Vista Unit 1 subdivision located east of Rodd Field Road south of Yo rktown B au leva rd for the insta Ilation of 740 linea r feet of a 12 -i n ch PV C water grid main; and b. Ordinance appropriating $ 75,232.80 from the Arterial Transmission & Grid Main Trust Fund No. 4030-209010 to pay developer reimbursement request for the installation of 740 linear feet of a 12- inch PVC water grid main to develop Rancho Vista Unit 1 subdivision; and declaring an emergency. ISSUE: Yorktown 080 Joint Venture, owner and developer of Rancho Vista Unit 1, requires approval of the instaUation of 740 linear feet of a 12-inch PVC water grid main prior to start construction. Approval of the Transmission and Grid Main Construction and Reimbursement Agreement and funding to pay for said installation are subject to City Council action prror to encumbrance from the Arterial Transmission and Grid Main trust Fund in compliance with Ordinance No. 0255424. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. B.A. Holly, A. C.P. Director of Development Services ATTACHMENTS: Exhibit A Exh ibit B Exh ibit C Exhibit D Exhibit E Exh ibit F Background Information Location Map Waterline Plan Application for Water Line Reimbursement Cost Estimates Construction and Reimbursement Agreement. AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development of Rancho Vista Unit 1 required a total extension of 740 linear feet of a 12..inch PVC water grid main as follows: 1. 126 linear feet of 12-inch PVC beginning at a 12-inch water main previously install by others on the north side of Yorktown Boulevard and extending south, crossing Yorktown Boulevard, to the corner of Yorktown Boulevard and Geiger Drive. 2. 488 linear feet of 12-inch PVC beginning at the terminal point of the existing 12-inch PVC water main previously installed by others on the north side of Yorktown Boulevard and extending to the easterly Boundary of Rancho Vista Unit 1 subdivision~ 3. 126 linear feet of 12-inch PVC beginning at the proposed 12-inch water main on the north side of Yorktown Boulevard and extending south, crossing Yorktown Boulevard, to the corner of Yorktown Boulevard and Freds Folly Drive, (See Exhibit C - Waterline Plan). The 488 linear feet 12-inch PVC water grid main extension along the north side of Yorktown and the two, 126 liner feet each. 12..inch PVC water grid main crossings on Yorktown Boulevard are required to provide water service to Rancho Vista Unit 1 subdivision and are eligible for reimbursement as an off-site water distribution grid main, in accordance with the Platting Ordinance. The total cost, submitted by the developer for the installation of 740 linear feet of 12-inch PVC water grid main is $75,232.80~ The developer has paid all applicable water acreage fees. The developer is responsible for providing all easements necessary for the installation of the 12-inch water line along the north side of Yorktown Boulevard prior City Council approval of Construction and Reimbursement Agreement. The developer has executed a Transmission and Grid Main Construction and Reimbursement Agreement and supporting documentation in compliance with the provisions of the Platting Ordinance. The application for the grid main reimbursement and supporting documentation are attached, (see Exhibit D, Reimbursement Application). Reimbursement is payable upon completion and acceptance of the water grid main work by the City. The actual reimbursement will be determined based on the actual construction cost not to exceed $75,232.80. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. II Exhibit A I Page 1 of 1 ~ ~ oso ~ 01)- RANCHO VISTA UNIT 1 LOCATION MAP 12" GRIDMAlN WATERUNE REIMBURSEMENT Sc<lle: NONE Dep t. of [ngineering Services EXHIBIT B i QtIIIl. ~ $N ~~..... ShII ..... .... (ri .... Cri ~ I g w z =- ..., ...... Z w ~ (I) a:: i i w ffi ~ ~ i Ii ~ ~ uJ C) ~ I ~ i ~ a... :=J ~ RANCHO VISTA UNIT 1 i 12" GRIDMAIN WATERLINE REIMBURSEMENT .~ ~ iJj I I I 8.~6. '" o~ TEE ; ~ ~ ffi ~ ~ . . I'" ~( t~ I I L- -- -,- ~~ ... , 2 \.. . {l' . ,~~ 8- GAlE VH..VE W! BOX ~ , . '!": _ ~~Jt ~~~ ~~ '",' t ..... .tmIfa ,. 'ICIICRaI lUG. CII)SSIG IMY IE IGTALLED BY (lIEN CUT WE.1'I<<XJ. IF SO, CONT'RACTOR SHAI.l PIt(M:( &QU\1E TRAFFlC CONTROl MEASURES SUCH AS fI.1IJUIIG 1TWfJ: OR PRtMDING A '1l1IFOIWtY SUIJa: f'M 'JItfm; TO ORNE AROUII) M: CONSrRUCT1ON MEA. 2.. MJ. ~ .JOINTS SIW.l BE RESTRNNm JQNT TYPE. - ~ ~ ~ ------L~NG-~~:~~~-----~--------------.. ,Y ,,,,,...a..~~&~~~.~~~ot' :r:'i~~~-;:~;';"'" .........'.L.."<~ ,. ~ - - - -- - -4'-c-M- - - - - ~'~..:veR+EfOWN--8t:V .. . ,.: '~'.~. "''''-';' ~ < . . . ". " . ~. . "., ~ <. ~~:'.<: -~"~. sr"}..'.; \ -"'~ :.~~ f.'.;~;(t~n,'! ,.(o'<~~'.....,r '.'.~ -'~".;;:' .... ,,,. .. ,,,. ~ ~ ~ 1)IJ4(E.~0UIt[ · ~~0IJIt(. bUKE-~~DUI(.l~ou.;;E~.e;~t:lVltt SD(. snI m ~J SlY 5N -=~-t~~~~~-=::- ~~~~-~=-:.::- -:.~~~-~-~._:.., .:~:~~~-~~-~:~- ~--~.::.'==~:=-~'=,::,=:' . ! ~ j I 6. ,~, ! t t 20~ .It ~ ...~~ SN 21 18 19 ~~ , 20 t1&~ "'/'.... ('-~) ~~ ... '\: ~ ,"')~ 17 WATERLINE PLAN Scale: 1 n =80' Dept of Engineering Services EXHIBIT C APPLICATION FOR WATERLINE REIMBURSEMENT We, Yorktown 080 Joint Venture , owner and developer of proposed Rancho V isla Unit 1 Subdivision, hereby request reimbursement of $ 75..232.80 for the installation of the water grid main in conjunction with Rancho Vista Unit 1 Subdivision, as provided for by City Ordinance No. 17092. Said $ 7510232.80 is the construction cost, including 7-1/2% engineering, in excess of the lot/acreage fee) as shown by the cost supporting documents attached herewith. April 20.. 2005 (Date ) Bart Braselton Yorktown 080 Joint Venture) Manager TIlE STATE OF TEXAS a COUNTY OF NUECES 0 This instrument was acknowledged before me on April 20.. 2005 ) 2005, by Bart Braselton, Manager of Y orkto\vn 050 Joint Venture, a Texas Joint Venture on behalf of said Joint V enture~ SUSAN G. TANNY Notary Public, State of Texas My Commission Expires June 18~ 2008 ~(,\~ ~.l~~ Notary Public in and for Nuece ty, Texas CERTIFICA TION The information submitted with the application for reimbursement has been reviewed and determined to be" correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid Arterial Mains Trust Fund and (b) appropri~ and approval by the City Council. r of Engineering City Engineer) ~k Da~ EXHIBIT D Engineer: Rhodes C. Urban By: RCU WATERLINE COST ESTIMATE FOR RANCHO VISTA SUB'D. UNIT 1 ITEM 1------- ~ 1---- DESCRIPTION QUAN. 1 Z' PVC C-900 Fire Hydrant Assembly 12" Gate Valve and Box -~-. -. 12" Saddle Tap wI T appi ng ~y~ve- ---- on ..- - - - -... -. ~---~ _- -. .~.-_ 3 12"x8" Reducer 12" 45 Deg Bends 8" 45 Deg Bends ~__.__ 4 12- Cap with 2- Blow-off Valve and Riser 5 Tie to Existing Waterline 12" PVC C-900 24. Steel Casing Pavement Repair 1 ~ 2 --~ _.~ Waterline Improvements Sub-- Total _____ _ ~___. _.._~___ _._ ~_ ._ ....!;_nginee ring Fee @ 7 .50/0 -- .~-- -- 740 1 3 1 2 4 8 1 1 200 1 UNIT IF EA EA EA EA EA EA EA EA LF LS UNIT PRICE $29.60 $2,400.00 $1,900.00 $3.960.00 $350.00 $480.00 $375.00 $250.00 $750.00 -- . $128~50 $31700~OO TOTAL ESTIMATED IMPROVEMENTS COSTS: Waterline Est Rev Urban Engineering 2725 Swantner Corpus Christi~ TX 78404 1-361-854~3101 Date: an/2005 Job No. 39319.01.00 UNIT COST $21,904.00 $2,400.00 $5,700.00 $3,960.00 $700.00 $1.920.00 .,.~_p,OOO.OO $250.00 $750~OO $25.700.00 $3,700.00 $69,984..00 $5,248.80 '7&1232.80 1 of 1 EXHIBIT E TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Transmission and Grid Main Construction and Reimbursement Agreement (ttAgreement'l) is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipal corporation. P. 0 ~ Box 9277, Corpus Christi, Texas, 78469-9277 rand Yorktown Oso Joint Venturet ("Developer"), 5337 Yorktown Boulevard, Suite 10D, Corpus Christit Texas 78413 WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 48.6 acres called Rancho Vista Unit 1, located on the south side of Yorktown Boulevard, east of Rood Field Road, as shown in the attached Exhibit 1 ~ WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of 12 inch PVC arterial transmission and grid main in order for the Rancho Vista Unit 1, to have water service; and WHEREAS, under the Platting Ordinance. the Developer is responsible for construction of 12 inch PVC arterial transmission and grid main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of 12 inch PVC arterial transmission and grid main; and WHEREAS, it is essential that the 12 inch PVC arterial transmission and grid main be constructed along Yorktown Boulevard in connection with the Rancho Vista Unit 1, for it will provide future service connections to the east of said subdivision upon completion of the Rancho Vista Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC arterial transmission and grid main be constructed to the size and serve the area specified in the Water Distribution Master Plan. 1997; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 inch PVC arterial transmission and grid main needed for the Rancho Vista Unit 1, in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. EXHIBIT F 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12 inch PVC arterial transmission and grid main, 85 shown in Exhibit 2, with the following basic design: (1 ) Install 740 linear feet of 1211 PVC C-900 transmission/grid main ~ (2) Install 1 (one) Fire Hydrant Assemblies~ (3) Install 3 (three) 12-inch Gate Valve and Box. (4) Install 1 (one) 12" Saddle Tap wITapping Valve. (5) Install 2 (two) 12" X 8" Reducer. (6) Install four (4) 45-degree Bends. (7) Install eight (8) 45-degree Bends. (8) Install one (one) 12" Cap with 2" Blow-off Valve and Riser. (9) Install 20Q-linear feet of 24" Steel Casing (10) Repair Pavement as needed. (11 )Tie to Existing Waterline 12" PVC C-900. b. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 12-inch PVC arterial transmission and grid main. Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of 12 inch PVC arterial transmission and grid main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance.. 5. DEVELOPER AWARD CO"NTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inch water and grid main, in accordance with the approved plans and specifications, by June 28, 2006. 6. REIMBURSEMENT~ a ~ The City will reimburse the Developer 1000/0 of the cost of the 12-inch PVC arterial transmission and grid main. not to exceed $75,232.801 ( see cost estimate Exhibit 3) within 30 days upon invoicing by the Developer. if the work has been completed and has been inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points during the construction. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12-inch PVC arterial transmission and grid main by the professional engineer hired by the Developer.. However, the expenses may not exceed 7..50k of the costs of construction of the 12-inch water grid main. 7. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its agents, officersJ and employees from al/ suits, actions. or claims and from aI/liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 12 inch PVC arterial transmission and grid main construction.. 8~ Developer further agrees. in compliance with the City of Corpus Christi Ordinance No. 171121 to complete, as part of this Agreement. the Disclosure of Ownership interests form attached hereto as Exhibit 4. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successorsl and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals. this day of I 2005. ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa City Secretary APPROVED: 2- > day of George K. Noe City Manager J", ...~ , 2005 By: ~(h- Joseph H - ey 0 Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas By: Yorktown 050 Venture THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on :::/11~ t 2-- . 2005, by Bart Braselton I Partner of Yorktown 050 Venture~ )- "- ~ j , 050 ~ 01)- RANCHO VISTA UNIT 1 LOCA liON MAP 12- GRIDMAlN WATERLINE REIMBURSEMENT Scale: NONE Dept. or [ngineer;ng Services :EXHIBI.T ] J ~ \ \ \ , \ __-J. .. ~ .., -... ..,... ~. _.."w c:io ...: ~~..~~~. -~:,.-.~,=-.7..::::. . .... ~... \~ ~r SN ~ ~~ . . l I Q- 6- '" TEE ~. ~ ~ ~ 10 ffi j ~ .. - ~~ .... " ~ ~- .. ...~, I- GQE WL'IE WI BOX. , . . ~ . ~ CD ~ , . L~-_---- '!"': ..... .. en ..... 0; I mEa ,. 10RIClWN Ill. CIO$SN; IMY II: INSfIUDJ IY OPDI an ~ F SOl CONnW:TOR stWJ. PRCM:IE MJaMQ[ 1RImC tXImQ.. IlIEAStRS SI.dII6 REJI:JlJIIC 'JRffR; (It PROW:IHC A 1IJIIORfRt "'ACE All 1IWFE TO DrM ARCMIJ 'H c:oNStRU.:1IIC N'D.. t. AU.. lEDW<<"JL .IOMS StW.L BE RESnWNED JaM" 1YPE. wi Ct W Z ::J ..., !z w ~ CI) i ~ w 0:: ~ ~ ~ a: w o cr o iLl i ~ I 2 . ......~ ~. CUC-IUIl(~Ml .. If SIll ..9 . 0..,: . ~, ,....~ ...9 ~(3) .. ",: 18 19 20 17 ;; OJ ~ c.. j RANCHO VISTA UNIT 1 WATERLINE PLAN ~ 12" GRIDMAIN WATERLINE REIMBURSEMENT Scole: 1"=80' ~ Oept of Engineering Services .... ~ i.rj :n";oJt ~ , ~EXHIBIT Engineer: Rhodes C. Urban By: RCU WATERLINE COST ESTIMATE FOR RANCHO VISTA SUB'D. UNIT 1 Date: en /2005 Job No~ 39319.01 ~OO ITEM DESCRIPTION QUAN. UNIT UNIT UNIT PRICE COST 1 12" PVC C-900 740 LF $29~60 $21,904~OO 2 Fire Hydrant Assembly 1 EA $2,400.00 $21400~OO 2 12" Gate Valve and Box 3 EA $1.900.00 $5.700.00 12" SIIddle Tap wI Tapping Valve 1 EA $3,960~OO $31960.00 3 12"x8" Reducer 2 EA $350.00 $700.00 12" 41 Deg Bends 4 EA $480.00 $1,920.00 8" 45 Deg Bends 8 EA $375.00 $3,000.00 4 12" cap with 2" Blow-off Valve and Riser 1 EA $250.00 $250~ 00 5 Tie to existing Waterline 12" PVC C.900 1 EA $750.00 $750.00 24- Sleel Casing 200 LF $128~50 $25.700.00 Pavement Repair 1 LS $3,700.00 $3,700.00 Waterline Improvements Sub- T olal $69.984.00 Engineering Fee @7 .5% $5,248.80 TOTAL ESTIMATED IMPROVEMENTS COSTS: $76.232.80 W.tetfne Est Rev Urban Engineering 2725 Swantner Corpus Christi. TX 78404 1..361-854-3101 1 of 1 EXHIBIT 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Ci'ty.of Corp~s Christi Ordinance 17112, as amendedJ requires all persons or firms seeking to do business with the City to. provide the following information~ Every question must be answered~ If the question is not applicable,. answer with .NAM~ FIRM NAME: .A~ ~..~..~. .~.~.~~...... .A..A.... +. ...A.A......A~......~~....~............ ..A_. ...~.~...~..~. .~+..~... .....~.. .....~........~~.~.......~......,......~._.......~.. ..... ST RE ET: ...................... _ ~ ~ ~ . .. . . . . . . . . . . . A . . . ~ . .. ~ . . . .. .... . .. . .. .. .. . . .. .. ....... . . CITY:. . . ~ . . . . . . ~ ~ . . .. . . .... . . . . .. ... .. .... ..... ~..... . . .. . ~ . ZiP:...,......... ... ~ ........ . . . . . . . FIRM is: 1.. Corporation 0 . 2. Partnership 0 3. Sole Owner 0 4. Association 0 5. Other 0 .......... ~..... +.......... ............. "'~\f.. .............. ~. ..... ~........~............. ~ ..........~............. ..... ....t.....~ .!..... ........~.. ... ~.... ...... ~. DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christl having an "ownership Interest" constituting 3-/. or more of the ownership In thO. above named "firm". Name Job TltIe and City Department (if known) 2~ State the names of each "officlal" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "finn". " Na~ Tme ............. ....""................ ................................. .......... ..............41.. ill........ .............. ~ 3. State the names of each ~oard member" of the City of Corpus Christi having an "ownership interesr constituting 30/0 or more of the ownership in the above named -{inn.~ Name Board, Commission or Committee . .. . .. .. .... .... .. .. ... .. III . .. .. .. .. . . .. .. . . ... .. .. III .. .. ... . ... . ..... . . .. . . .. -" '" .. . .. .. *' 't .. .. . . III . 411 .. .. .. .. l1li l1li ill . ill It ill .. . .. . .. . III " .. . .. . . .. .. III . . . . .. .. .. . .. . . . .. .. . .. If .. . . .. · .. . 4. State the names of each employee or officer of a "consultantn for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an '.ownership interestJf constituting 3% or more of the ownership In the above named "firm". Name Consultant ..... .................... ........ ............. ............... t. II ............ ill.."'...... ....... .................................41....................... .... .....".... t... CERTIFICATE I certify that all information provided is~ true and correct as of the dale of this statement. that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. C e rt i fy i n 9 Per son: ...... r . . .. . . . . . ~ . . . . . . . . . . . . . . ~ ." ~ . . . . . . . . . . . t ~ . ~ ~ . t . ~ . . . . . . . .. T itl e: ~. A . . .. . .. .. ~ . . .. . . .. . . . . . . . . . . . . . . + . . . ~ . . . . ~ .. . . . . . . . . + . ~ . . . . . . · ~ . (Type or Print) Signature of Certify in 9 Person: +" ~ ~ . ~ . . . . ~ . . . . . . . . .. . . . . . .. . . t . . . . . . . . . . . . ~ . . . . . . . . . . . Date: ...~. ~~.~... ...~~.... .... .... ......... .........-.~...... ..~ ....~~..... ~;<f-' l B. ,1 ~ AN ORDINANCE APPROPRIATING $75,232.80 FROM THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030- 540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 740 LINEAR FEET OF A 12 INCH PVC WATER GRID MAIN TO DEVELOP RANCHO VISTA UNIT 1 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $75,232~80 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 is appropriated to pay developer's () reimbursement request for the installation of 740 linear feet of a 12-inch PVC water grid main to develop Rancho Vista Unit 1 Subdivision~ 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 28th of June, 2005~ ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Henry Garrett Mayor Approved as to form "'{Il.~. 7.....2..-- I 2005. By: I~ Ll /lA~ ( Josep Hamey "6 Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: (Mle, 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. Respectfu lIy, 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 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a lease with the U.S~ Department of Transportation, Federal Aviation Administration, in condsideratJon of operation and maintenance of outer marker facilities from October 1, 2005 through September 30, 2015; providing for publication. ISSUE: The FAA has been leasing this land since 1974 for avigational outer marker equipment for instrument landings.. The City has an easement for the right to use this property for this purpose. No rent is charged for the use of this property which is in the vicinity of Hwy 286 South and County Road 47 at FM 70. The QJrrent lease will expire on 9/30105. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 4/19194 (Ord. 021921) - Council approved lease agreement No~ DTFA07-94-L~01096 in consideration of operation and maintenance of outer marker fealities between the City of Corpus Christi, Texas and the United States of America for a term beginning July 1. 1994 and ending September 30,2005. 12/18174 (Ord~ 12397) - Council approved the lease agreement No~ DOT-FA75SW.1163 for Outer Marker SIte, RW 35 between the City of Corpus Christi, Texas and the United States of America for a teon beginning September 9, 1874 and ending June 30, 1994. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of item as presented. Dep;!~~ure Attachments: ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LEASE WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRA liON, IN CONSIDERA liON OF OPERATION AND MAINTENANCE OF OUTER MARKER FACILITIES FROM OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2015; AND PROVIDING FOR PUBLICA nON. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a lease with the U.S. Department of Transportation, Federal Aviation Administration in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015, all as more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. 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. . .- .'..............- ~ II 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. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E~ Marez Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the _ day of J 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E~ Marez Jesse Noyola Mark Scott Bill Kelly APPROVED AND PASSED on this day of , 2005. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: .,2..~ day of--:rlc "'e..... 2005. MARY KAY FISCHER, CITY ATTORNEY BY: ... Lease DTF ASW -06-L-0004S Outer Marker and Access Road Corpus Christi, Texas LEASE BetweeD THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF CORPUS CHRISTI, TEXAS THIS LEASE is hereby entered into by the "CITY OF CORPUS CHR.ISTI, TEXAS whose address is PO Box 9277, Corpus Christi, Texas 78469 hereinafter referred to 8!p the ~r and the UNITED ST A ms" OF AMERICA, hereinafter referred to as the Government This lease shall be effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns~ WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 14 PREMISES: The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: OUTER MARKER AND ACCESS ROAD (OM) Being an irregular shaped tract orland out of the North % of "Section 11, Laureles Farm Tracts as shown by map of record in Volume 3, Page IS, Nucces County, Texas, Map Records, and being out of that certain tract of land in the name ofB.R. Russell as descooed in Volume EXHIBIT A Lease No. DTF ASW -06.1,00045 Outer Marker and Access Road ColpUS Christit Texas 317, Page 15, Deed Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at an axle set in the centerline of 40--foot wide County Road No. 47 which marks the Southeast comer of the North ~ of said Section 11 t Laureles Fann Tracts; Thence S890S0'30''W a distance of2090 feet to a point in the West Right-of-Way line of said County Road NQ. 47 for the Southeast and beginning comer of the herein described tract of land; Thence continue S8~SO'30"W a distance of2338.4O feet along the south line oftbe North Yt of said Section 11 to a I" iron pipe set for the Southwest comer of this tract; Thence Noo09'lS''W a distance of 80.0 feet to a 1 It iron pipe set for the Northwest comer of this tract; Thence mgoSOt30"E a distance of 50.0 feet along a line that is 80.0 feet North of and parallel to the . South line of the North ~ of said Section 11 to a 1 tt fron pipe; Thence 80009' t .S''E a distance of 50.0 feet to a 1" iron pipe set for an interior comer of this tract; Thence N890S0'30"E a distance of 2288.40 feet along a line that is 30.0 feet North. of and parallel to ,the South line of the North % of said Section 11 to a 1" iron pipe set in the West Right-of-Way line of said County Road No. 47; 1bcnce 80009'15"1: a distance of 30.0 feet along the West Right-of-Way line of said CoWlty Road No. 47 to the place of beginning and containing 72,652 square feet or 1.668 acres. As more particularly shown on drawing dated August 30, 1974, marked Exhibit "A" attached hereto aDd made a part hereof. . A. Together with a right.of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or tolecommunication lines to the premises; and a right.of-way for subsurface power, communication and/or water lines to the premises; all righ~f-way to be over the said lands and adjoining lands of the Lessor, and unless herein described othelwise, to be by routes reasonably determined to be the most convenient to the Government B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of~ premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additioDS, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government. 2 Lease No. DTF ASW -06-L-00045 Outer Marker and Access Road Corpus Christi, Texas 2. TERM: To have and to holct for the term commencing on October 1, 2005 and continuing through September 30, 20tS inclusive, PROVIDED, that adequate appropriations are available from year to yeu for the payment of rentals. 3. CONSIDERATION: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the npts exteoded. to the Government herein are in consideration of the obligation assumed by the Government in its establisbmen~ operation, and maintenance of the Outer Marker facilities upon the premises hereby leased~ 4. CANCEllATION: The Government may terminate this lease. in whole or in part, if the Real Estate Contracting Ofticer (REeO) determines that a tenDination is in the best interest of the Government. The RECO shall tenninatc,.by delivering to the Lessor a written notice specifying the effective date of the termination. The tcnnination notice shall be delivered by registered mail, return receipt requested and mailed at least 30 days before the effective tenniDation date. 5. NON-RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy. (due to termination or expiration of the lease), the Government shall have no obligation to restore and/or rehabilitate, either wholly or partiaUy, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment iDstaIled in or located upon said property by the Goveriuncnt dming its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in Writing. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any stnlcture or obstruction, of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 3 Lease No. DTFASW-06-UlOO45 Outer Marker and Access Road Corpus Christi, Texas 7. FUNDING RESPONSlBlllTY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacemen~ or modification of any existing or future Government facilities covered by this lease durins its term or any renewal thereofmade necessary by airport improvements or changes which in the Governments opinion interfere with !be technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government.. In the event such relocations, rep1acementst or modifications are necessitated due to causes not attributable to either the Lessor 8. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Offico of Dispute Resolution for Acquisition (ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F4R. Parts 14 aDd 17, which are hereby incorporated by refereDCe. Judicial review. where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute 1Dlder the FAA Dispute Resolution System; A contract dispute sball be made in wting and signed by a Lessor or duly authorized representative of the Lessor md submitted to the REeO, that it is disputed either as to liability or lblOunt. Sub~ssion shall be within two years of the accrual of the contract claim involved. The RECO's decision concerning the conttact dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The RECOJ upon request, wi~ provide information relating to submitting a dispute.. 9. OFFICIALS NOT TO BBNEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it However, this clause does not apply to this contract to the extent that this contract is made with a corporation , for the corporation's pneraI benefit. 10. COVENANT AGAINST CONTINGENT FBBS: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation afthis warranty, the Government shall.have the right to annul 4 Lease No. DTFASW..06-L-00045 Outer Marker and Access Road Corpus Christi, Texas this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 11. OUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress. and warrants and covenants to defend the Govemment.s use and enjoyment of said premises against third party claims. 12" HOLDOVER: Ifafler the expiration of the lease, the Government shall retain possession of the premises, the 1e8Se shall continue in force and effect on a month..to-montb basis. Rent shall be paid in accordance with the terms of the leaset in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee or vacated the leased premises. 13. ANTI-KICKBACK: The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the lease price charged by a Lessor to the United States or in the lease price charged by a subcontractor to a prime Contractor or higher tier subcontractor. . ' . 14. ASSIGNMENT OF CLAIMS: Pursuant to the Assignment oCClaims Act, as amended) 31 U.S.C. 3727,41 U.S.C.. the Lessor may assign their rights to be paid under this lease. 1 S. NOTlFICA nON OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premisest they shall immediately notify the Govemmentt in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights." Concurrent with the wri<<en notification, the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies oftbe legal document(s) (acceptable to local authorities) for transferring and or CODVeying the property rights. 5 Lease No. DTF ASW..Q6.lr00045 Outer Marker and Access Road Corpus Christi, Texas 16. SUBORDINATION. NONDISTURBANCE AND ATIORNMENT: The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with allY right of the Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no further instrument shall be required to effect said subordinition~ In the event afany sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrumCDt, or deed provided in lieu of foreclosure, the FAA win be deemed to have attomed to anypurchasert successor, assigns, ortnmsferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract bCtwecn the Government and said purcbasersltransferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such trlDSferees sha1I promptly provide, following such sale or transfer, Ippropliate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 17. EXAMINA nON OF RECORDS: The Comptroller General of the United States, the Administrator of the FAA. or a duly authorized representative of either shall, until three years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactioDS related to this contract 18. LEASE SUCCESSION: This lease supersedes Lease DTFA07-94-L-OI096 and all other previous agreements between the parties fOT the leased property described in this document. .. ..~, .;:~:..:;':~~~:;-}.:~i~~\~;;;~~-1~~:(::~~~~;{~b~::: ~:.:. "tt''-,~I.,~..:~~. 6 Lease NOa DTF ASW -06-1,00045 Outer Marker and Access Road CoIpUS Christi, Texas 19. NOTICES: AD notices/correspondence shall be in Vfriting, reference the lease number, and be addressed as fonows: TO LESSOR: City of Cotpus Christi PO Box 9277 CoIpus Christi, Texas 78469 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193 IN WITNESS WHEREOF. the parties have signed their names: CITY OF CORPUS CHRISTI, TEXAS BY: DATE: TITLE: THE UNITED STATES OF AMERICA BY: _9.) k:-- 12. GcJJ~ DATE: ~! 15" ~o;;- GLEN D. BAITS TITLE: CONTRACTING OFFICER 7 - "~"'- ~~... """--- ---- Lease No. DTF ASW -06-L-0004S Outer Marker and Access Road Cotpus Christi, Texas CORPORATE CERTIFICATE I, . certify that I am the oftbe Corporation named in the foregoing agreement, that who signed. said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this day of . in the year Signed by CORPORATE SEAL 8 ~.....,r .11 .r ::c.~'" . 1.:..... ~ -=~ 7""~.~ ~ "II. -'......-.. oM,. -~-.e- . - ..- ~ -.---:- ..-- .r?:. ,~~~~t .'. ':".-' '.' ~~,y '''<~r;:~~~~~~ I - ~' :~::~'..i.. ':<~'_.~. . ~ .:. _"i -'~::,;.~. ~.:~i. ~_~..~1'-i.~~ ..:- ..p '" .L ~ . +' -.... .1 - ~ . '. '."'.. '., ,.' , f.'" ,~. : . ~ ~ .\. . ',i....'J! \~,,~..([tr 'L' .~, .J'1, :. . ..'J'" ~.::, ~'.'~., ,', <A:-'~ ..::. .. .,. ~1" ~4'~'}> ,-' .0'1i,<_:';':'.- ~ - , ~: .' '~. "'c, . .".t . .'. L1 f '. l,p . ~it~~f.... ~ ;"~:.',~, ." .( _i. , "1 \. . <.tJ, '1 ,~ . 110. ,." . ., , C . 1. (l A .' ~L7 ,~ tit .l"-tft . :::~~ . -', ~ .': ...., ~ . .. ~. . ,'" f~.. ,; ~.:: ." ~~~~.~1.~ -!:~~~~. . ~ ~~.~~>. ,.' . ":~';'" '. . .: ......~. . . .";.' J';~. .'. .u..' ..-_. (~ ,.";:;':. ~/_~. _ .. t~~~ . 'a1~ --po ":' ':","~~f". 4i' , . -. - . '.. .:. p. ..- . ~ .... ilJ-:' ~' ~ : ; J l ...... . (- ~ . ~ . :.... .. ~ , ~ . . , . . ~ - . ,..; .. , :: :~~' .'~"~'~,~~:..~/>...' ~ J1:f~. . / 21 CITY COUNCIL AGENDA MEMORANDUM June 28, 2005 AGENDA ITEM: a. Public hearing to consider abandoning and vacating 8,283.77 square feet of a 15- foot wide alley right-af-way, between Lots 1-11 & 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street) b. Ordinance abandoning and vacating 8,283.77 square feet of a 15-foot wide alley right..of~waYI between Lots 1-11 & 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street); subject to owner's compliance with the specified conditions. ISSUE: Christus Spohn Health Systems, is requesting to abandon and vacate the alley right-af-way for future improvements on this property that would include a medical office building and multi-level parking facilities~ REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of alley right-of-way. City Code requires a public hearing prior to the vacating and abandonment of any alley right-af-way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ~p Director of -- velopment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Christus Spohn Health Systems, owner of Block IX, Ocean View Addition, is requesting the abandonment and vacation of 8,283.77 square feet of a 15-foot wide alley right-of-way, out of Lots 1-11 & 12-22 J Block IX, Ocean View Addition. The alley right-af-way to be abandoned and vacated is located between Elizabeth Street and Ayers Street and is in a "8-5" Primary Business District. The 15-foot wide alley right-of-way is located between Lots 1-11 & 12-22, Block IX, Ocean View Addition. The alley right-of-way is being abandoned and vacated to allow for the proposed improvements on this property which include the construction of a medical office building and multi-level parking facility. All public and franchised utilities were contacted regarding this closure request. AEP I SSC. and TimeWarner all have transformer/meter boxes and utilities within the alley right- of-way that will have to be either relocated to the public street right-at-way or be converted from public utilities to private utilities to serve Christus Spohn only. City Gas Department has an existing 6" gas line and meter within the alley right-af-way. The gas line will have to be abandoned in place as a public line and the gas meter will have to be relocated to the public street right-.of-way. All public utilities and private utilities will be relocated within the property with internal utilities converting to private. The existing medical building west of Third Street, will continue to be served during the construction of the new facility. None of the other city departments and franchised utility companies had any facilities within the easement or any objections to the alley right-of-way being abandoned and vacated~ The Owner must pay the fair market value fee of $ 22.780.00 for the abandonment and vacation of the 8,283~ 77 square feet of the 15-foot wide alley right-of-way, between Lots 1- 11 & 12-22, Block IX, Ocean View Addition. The owner has been advised of and concurs with the conditions of the right-af-way abandonment. EXHIBIT A FROM: 8.A. Holly I AI C P, Director of Development Services DATE: June 231 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: June 28.2005 ORDINANCE CAPTION: a. Public hearing to consider abandoning and vacating 8,283.77 square feet of a 15-foot wide alley right-af-way, between Lots 1-11 & 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Thi rd Street) b. Ordinance abandoning and vacating 8,283.77 square feet of a 15-foot wide alley right-of-way. between Lots 1-11 & 12...221 Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street); subject to ownerf s compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 1, Page 11 ~ of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 ) That the Owner pay the fai r market val ue fee of $ 22.780.00 for the a bandonment and vacation of the 8,283.77 square feet of a 15-foot wide alley right-of-way, between Lots 1-11 & 12-22. Block IX. Ocean View Addition. 2. All existing public and private uti I ities within the alley right -of ...way wi II be adjusted/relocated or converted private as the new medical building is constructed and the old medical building in Block IX. Ocean View Addition is demolished. 3. The AEP, SSC, and TimeWamer transformer/meter boxes and see conduit within the alley right-of-way wiU be relocated to the public street right-of-way and/or abandoned in place and retained as private facilities to serve Christus Spohn only. 4. TimeWamer facilities will be relocated at Christus Spohn's expense. 5. City Gas Department has an existing 6" gas line within the aUey right-of-way that will be abandoned in place and converted to a private line. They also have a gas meter that will be relocated within the alley way that win be relocated to the public street right-of-way. 6. Upon approval from Council and ordinance issued, all grants of alley closures must be recorded at owner.s expense in the real property Map Records of Nueces Countyt Texas, in which the property is located ~ Prior to Building Permit approval of construction f an up-to-date survey f abstracted for all easements and items of record, must be submitted to the Director of Development Services. 7. Owner must comp'Y with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the ti me I i mil for an additional 180 days if extenuating ci rcu mstances outs ide the Owner's control necessitate an extension. Approved : Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING. 8,283.77-5QUARE FEET OF A 15- FOOT WIDE ALLEY RIGHT-Of-WAY, BElWEEN LOTS 1-11 & 12-22, BLOCK IX, OCEAN VIEW ADDITION (BETWEEN ELIZABETH STREET AND AYERS STREET, WEST OF THIRD STREET); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 8,283.77 -sq uare foot portion of a 15-foot wide alley right-of-way t between Lots 1-11 & 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street), as recorded in Volume 1, Page 11 J Map Records Nueces County. Texas. that the owner wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the alley right-af...way for all purposes, subject to the provisions below. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 8,283.77-square foot portion of a 15-foot wide alley right-af-way, bet\Yeen Lots 1-11 & 12-22, Block IX. Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street), as recorded in Volume 1, Page 11, Map Records Nueces County , Texas, is abandoned and vacated for public use as alley right- of-waYl subject to Owners' compliance with the following . specified conditions as part of the abandonment and vacation: 1. That the Owner pay the fair market value fee of $ 22,780.00 for the abandonment and vacation of the 8283.77-square feet of a 15-foot wide alley right-at-way, between Lots 1-11 & 12-22, Block IX, Ocean View Addition. 2. All existing public and private utilities within the alley right-at-way will be adjusted/relocated or converted private as the new medical building is constructed and the old medical building in Block IXI Ocean View Addition is demolishedw 3. The AEP, SBC1 and TimeWarner transformer/meter boxes and SBe conduit within the alley right-of-way will be relocated to the public street right-af-way and/or abandoned in place as public facilities and retained as private to serve Christus Spohn only ~ 4. TimeWarner facilities will be relocated at Christus Spohn's expense. H: \LEG.. D IR \J oseph \0 ROM ElizAlley~a v ~ doc 5. City Gas Department has an existing 6" gas line within the alley right-af-way that will be abandoned in place as a public line~ They also have a gas meter that will be relocated within the alley way that will be relocated to the public street right-of-way. 6. Upon approval from Council and ordinance issued, all grants of alley closures must be recorded at ownerts expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey. abstracted for all easements and items of record, must be submitted to the Director of Development Services. 7. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however. the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached I 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 28th day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved ~V~< l- ') , 2005 By: ~ \'\- Joseph may' :-6 Assistant City Attorney For City Attorney H:\LEG...DIR\Joseph\ORD-ElizAlley-av.doc Corpus Christi, Texas day of J 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 rute as to consideration and voting upon ordinances at two regular meetings: INVet 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. Respectfu lIy t Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H: \LEG-D IR \1 oseph \0 RD- ElizA Iley-av. doc VICINITY MAP STREET & ALLEY CLOSURES OCEAN VIEW ADDITION CHRISTUS-SPOHN HEALTH SYSTEM-APPLICANT PnIpGtwJ by: 80ss & Welsh Engineering 3054 So~ Alameda St. Corpus Christi. Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) Job No: 04097 Scale: 1.~ 1000' Dots: 2-22-05 Drawing No: VIe-MAP Plotscale: 1 =, Sheet 1 of 5 . EL~ZA8ETH STREET P GJN T OF ~._. . -..-..-------- _ N86' 20 ._1_~"-E- _ _, ?~-~~q'~':!!~~--------. --- - ----- -.----- -... -- - - --~.- '. '. '. '. '. N \. .~. 1 '. . . 1 4 ___---.---~ \~--~ · 2 2 ~ _ .._____----------.-' \ ", 1 \\.",..,.. \\~---=-1 V,2E-W\ -\F~- OCEA~,\ . . ~ ',~ 3 \, \. 1 2 \ ",20 ~ ~ ..~ .........---.......-.....-......-. \ \-- \ \ 19 ~ 19 1 1 _.-~ \. 26 \ \ \. 1 1 \ A \\ 5 ..)k \10 6-\~ \ 9 7\~\8 8 ~ 5 ~ 9 A \ ".---- \ , 25 \ \ 24 23 22 "".18 14 \13 \ '\ '\0.. \12 ~ \ tr.;'"j-~. 21 . 586.20119 W 15.5 \8 A YEAS STREET ALLEY CLOSURE BLOCK IX, OCEAN VIEW ADDITION CHRISTUS-SPOHN HEALTH SYSTEM-APPLICANT Pn1pared by; 80ss &: Welsh Engineering 3054 So. Aiameda St. Corpus Chriati, Tx. 78404 (361) 882 -5521 (phone) (361) 882-1265 (fax) Job No: 04097 Scale: 1"=.'00' Date: 2/22/05 Drawing No: 3RDClOSE - t PlotsctJle: 1:1 Sheet 3 of 5 22 AGENDA MEMORANDUM June 28, 2005 AGENDA ITEM: Council consideration of an appeal by SDI Realty of a Development Services Department decision denying multiple driveway accesses on Airline Road to the proposed Padre Commons Plaza development (Shannon Middle School Tract, Block 1 , Lots 2 t 3, & 4) located south of South Padre Island Drive and east of Airline Road at 1502 Airline Road. ISSUE: Development Services Staff is charged with approving or denying driveway access to new developments based on the rules and regulations established in the Cityls Driveway Design and Construction Manual~ REQUIRED COUNCIL ACTION: The Council may: (1) Deny the appeal (thereby upholding the Development Services Department decision), or (2) Sustain the appeal (thereby reversing the Development Services Department decision in whole or in part). BACKGROUND: Lowe's Home Centers I nc~ was the sole owner and primary developer of the Lowe's shopping center site. During its development there were two main concerns, access and drainage. Letters addressing driveway access limitation were sent on May 18 2004 and December 27,2004 to the Lowe's engineering firm, the Duplantis Group; it was concluded that two driveways would be allowed from Airline Road and two from Williams Drive to serve the entire Lowe's development. On January 1, 2005t the Texas Department of Transportation (TXDOT) issued a permit for driveway access to South Padre Island Drive (SH358) Frontage Road limited to one access point (see Exhibit A). The subsequent sale of the property to SDI Realty at the corner of Airline Ro.ad and SP I 0, prompted the submittal of a re-plat of the Shannon Middle School Tract, Block 1, Lots 2,3 and 4 (see exhibit B). On December 1, 2004, the Planning Commission approved the plat of Shannon Middle School Tract, Block 1 , Lots 2,3 and 4. Staff, in its comments to the Planning Commission recommended that no additional driveways be permitted from lot 4 to Airline Road consistent with the earlier negotiations with Lowe's~ The Planning Commission approved the plat without the recommended driveway restrictions and left the driveway considerations to the building permit Subsequently, on May 23, 2005, SOl Realty submitted commercial construction plans for Padre Commons Plaza develo.pment indicating two additional driveways on Airline Road. After internal discussions, Development Services and the. City's traffic consultant determined that one additional driveway could be permitted if it was placed at the southern edge of lot 4 outside the transition and storage area of the exclusive right turn lane~ City's Driveway Regulations - Manual of Driveway Design and Construction Standards: The purpose of the City's Manual of Driveway Design and Construction Standards is to provide minimum standards and requirements for the safe and convenient access to abutting private property with the minimum interference with the free and safe movement of vehicular and pedestrian traffic and to minimize traffic congestion arising from vehicular entry or exit from abutting private properties~ The City's policy of not allowing the construction of driveways within the taper and storage areas of exclusive right turn lanes follows the above mention standard design criteria. The following driveway comments were provided to SOl Realty: The City's policy does not allow the construction of driveways within the transition or storage section of an exclusive right-turn-Iane therefore, the northern driveway proposed along Airline Road is not consistent with the City's policy. Driveway review comments were to relocate the south-most driveway out of the transition area to the tangent area and to delete the driveway close to the intersection of SPID with Airline~ The City recommends a secondary cross access from the existing Lowe's internal access-roadway connection to SPID to Lot 4. The City considers that this approach will improve the vehicular accessibility to and from proposed Padre Commons Plaza development (see Exhibit C). Additional Staff Review: The City of Corpus Christi has enforced the requirement not to allow the construction of driveway access within the taper of a right-turn-Iane along major Arterial Roadways~ The unsafe movement created when vehicles exit and proceed to make left turns at a location where the driveway approach is not at gO-degrees limits the sight-distance of the exiting driver to make safe turning movements. In additionl right-turn-movements into an exclusive right turn lane forces exiting drivers wanting to proceed straight to "stall" in the right turn lane while trying to merge with thru traffic. Research to date, nationwide, has shown that access management improves road safety. An analysis on procedures in the Highway capacity Manual indicates that the typical reduction of free flow speed (one direction) is approximately O~ 15 mph per access point and 0.005 mph per right-turning movements per hour per mile of road. In general, as access density increases crash rates increase. For example, an increase from 10 access points to 20 points per mile will increase crash rates by approximately 300/0. Reducing traffic delay and congestion has a positive economic effect on market areas. Airline Road is one of the major Arterial Roadways in the City~ Traffic volume counts obtained in 2003 shows an average daily traffic volume (ADT) of 36,000 vehicles on Airline Road south of SPID~ The intersection of Airline Road and South Padre Island adjacent to the proposed Padre Commons Plaza development is currently one of the most congested intersections in the City with a level of Service (LOS) F. Additional left turn movements to and from the proposed driveways will increase an already unsafe traffic condition. Eventually, the City will have to take traffic mitigating measures similar to the Everhart Road and SPI D location by placing physical barriers preventing left turn movements in and out of the Wal-Mart development. Notice of Appeal: The Manual of Driveway Design and Construction Standards, Section XII. Appeals, indicates: If relief is desired from the decision of the Director of Transportation, the applicant may appeal to the City Council. The request for appeal shall be filed in writing to the Director of Transportation within ten (10) days following such denial, for scheduling on the City Council agenda. A copy of the appeal letter is included as Exhibit D. RECOMMENDED PROCESS: In deciding this caset the Council acts in a quasi-judicial capacity; i.e'l it will determine what the requirements are and determine whether driveways should be allowed or not. The Council will consider only information relevant to the issues~ At the outset, staff can summarize the agenda memo and attachments. Then the appellant would present any evidence and arguments~ Since this is a quasi-judicial matter, the Council may, but need not, solicit general public comment. If the Council chooses to hear such comments, this could be done after argument of the parties, but before Council deliberation. Prior Council Action: None Recommendation: Staff recommends the City Council uphold the Development Services Department recommendation denying the construction of the two driveways as proposed and allowing only one driveway from Airline Road within the "tangent area" as indicated in the original recommendation~ til.tte\1 ~~.Z ~ ~ ~. B. A. Holly, A.l.e. . · Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit 0 Driveways at Lowe's Development Plat of Shannon Middle School Tract Staff Recommended Driveways Appeal Lattter CI) z 0 - C/) - I > - , w < .... , \ a:: ~ \ . ~ >- = ~ ..... #: ~ == t! ~ ~ ~ ~ w > - a: .-..: j 0 I ~:UI ,.ne :. 'S ~l .'1' III "II ~!IS !I'~ !I S~ ~ Jlluhfllhll.lllldlilll~ldll :r: t-- a: 0 z ~ w Z I 0 I-- t- ~ >< LU l- ll.. ~ ~ 0 , . => ?i: ex: w I- ~ U a: w z 0 > <:( u.. a: a: I- 0 a z w w w !< I- ~ Z < <.) (!) 0 ::> en 0 a: .....J w W ...... 0 a: ~ N (Y) *'= *'= ** ?i ~. ~ ~ w ~ ~ > w UJ a: ~ 2= Q a: a: . \ o. c .. . "'. . _ . ... ~ ~.. . _. .. .._.'_. ..~ ~_. ~ _. _.. _ ..~_._h._U_ .._....- __ ......~_._... +~_.. .-~ __._...... ~_. -... _... ...__ -_ __.____... . EXHIBIT A = flJ~ ~ ~ ~ """Jt" "'I~I ~ ~ I !lj'iJ ~ ~~.-~ = II~ III It v f ~ d;11 ~ ..... = tlllOf 5 ~ II:;! ~II~ . 1:J lC..r1 >< C{.. !I( ~ I~ E.- IIh: JI!!lj ~ "jJIJjJ ~ ~ I f~f f '" iiJ!lil "Ill:: :!i ~ t i'O' 11 It ~ H i! i I~ft:~ f~ f" totf .~ If fOl~~11 :g I ",..1 I~. ~l"';i J! ai 3-~IJ .Iii ..~::!:! tll~Jj -1 I!J h!Jlh ~{ ijl G i, I t If I Ilt .,2{'11 t '" ! ~ j11ftll ij fH l lillll: 1) ~I ! ~llijl! ~~ Ii! J ~ !fl!.fj I' ~t€ ~ -;; -;:r -:; Q;) ! hJ!!n~ . .nun . 1:i!l:Js!t!l . tft ~Jn @ - 1iI . tJ~! Jtl1! ..@ EXHIBIT B -- ~.~_._" ... NOIIII\AI ..... ___10 liIo'o'lI _.~............ - "-- _I~' - .........-:.... -- . - - .-- _. __ .. ___~ '" ~_ . ..........,..c .:ld t d..nOUD NOlSB<l.a SI.~N."V"Ic:l.n I j i; -- ---t~ ~ V1 · ~ @ I --Z Q I "'"-:l.4 1 C3~ i.J -IIiiI ::: ~ ~ \U )(. ~ \) ~ ~~; ...... I~~r - } i\. ~ i ......i;, . o c( o , a:l ~ II 9; ~ 'I [I II II t 1 ! l l.- I. l~ I ~ I 1 1 ; j. , ~ It I r1J i ffii ~i . . I ~. i t I ,'. ~:)~:: ~ ! ; I a I I'!~!iil 1!I!l'l ~ '~\ <i5VlO ~ ~2~7 I.---J_...., ! ~~~.." \\ UUQJ~ L~~j I I I Ii Ii ~. Ifl, ~~~ i'" Il ZZ ..J ,Ig; a j P'~iW Ilhi'l, dlrl i ~ ~ ~ @DO I U'-I iili~i i lihUI miiii EXHIBIT ( .. "I - -- · 6 - 2 - 0 5; 4; 1 4 PM ; SHE AR 1 NY E S TME N T S ;713 892 5032. # 2/ 3 SD.I REALTY V,. ReoUM' Mail & MlC$;mile: 361 828 3008 :--\ x.. \) ~\ ~ <v ~ 'b '\\\\\~ \'0 ~ \) June 21 2005 B. A. HoUey Director of Development SeMces City Of Corpus Christi Frost euilding 2406 Leopard Street Corpu. Christi I TX 78469 RE: Padre Commons Piau SPIO at AII11ne Road Driveway Denial Appeel Dear MI. Holey, Please alow this letter to SeNe as our tonnel eppc.' to the driveway access denial detailed in the recent City revIeYI comments provided for the above referenced project. Mores specifically. Site Plan Sheet C 1 comment #2. 5tates: . -. The C;ty.$ Driveway De$ign end Construction Standards does not allow the DOnstnJction of driveways within the transition or storage section of a right tum lane therefore, the south most driveway proposed along Airline Road is In violation of City's design standards. Relocate the south most driveway to the tangent area labeled -63.90' tangent to tanQenr-, south of the proposed location out of the tran$mon S19B. In addition, delete the driveway close to the interseelion SPID with Airline Road. The City;$ ,.commend;ng a second access from existing Lowe's acceS8 roadway connection to SPlO. The City conIirm$ that this approach can Improve the vehloular QCC9Ssibility to and from proposed development. The owner mflY ~ppe.1 this deci$ion to the City CounCIl. Appeals must be filed In writing within 10 days to the Director of Development Services. In response to this comment we would like to point out that The City's Driveway Design and Construction Standards does not prohibit the construction of driveways wIthin the transition or stor8ge section of a right tum lane. Section XIC of the City~s Manual of Driveway Design and Construction Standards states MA driveway approach along the trarBition and storage distances of 8 canalized right turn Jane s hall be subject to the de$ig" SUlodards contained herein-. Per Figure 5 on page 17 of the C ityl 5 Manual of Driveway Design and Construction Standards, .. driveway approach is only restricted inside the tangent points in the curve. Per this figure. a driveway approach is not prohibited withln the transition or storage section of a right turn lane ~ Thereby the location s of the proposed driveways are compliant with the City's Manual of Driveway Design and Construction Standards in .this regard. We would also like 10 point out that the driveways configured as shown are compliant with muniple other Sections of the City's Manual of Driveway Design and Construction StandardS namely Section VIII..a.1. Section Vlltb.1, and Section V111~d.1 . We would also like for you and you r s taft to consider the vast I mprovement over the existing access configuration on this property. We win be changing the configuration from 3 pooriy eonflgu red dr[veways t 2 of which violate City regulations. to a 2-entrance configuration compliant with City regulations. Additionally the 2 access points to the SPID frontage road will also be removed. 712 Main, 29th Ploor t HOlL~on, Texas 77002 (I 713- K92-S200 0 Fax 713-892-5032 a www,sdirealty,com EXHIBIT D Page 1 of2 6- 2-05~ 4~14PMjSHEAR INVESTMENTS ;713 892. 5032 # 31 3 Although Owe believe three fult access drives should be permitted by code for this amount of frontage. the Developers are 8enSiIive to the traffic issues in this area. Therefore only two right-in, right-out aooess drives have been proposed in lieu of three full access driveways. Considering the infonnation presented above, the provisions of the City. Manue' of Driveway Oeeign and ConetIuction Standards, and the conceS$ions made my the Developer we wolJkI greatly appreciate your support in a wan.r of the request made in the recent Ctly revi.w document We look forward to work to 8n expedient resolution of thili issue. "-\ ~ '\) ~<v\ ~<(.: ~ ~~ ~~~ CC~ Mayor Henry Garrett Via Reau'.r "'_" Councilman Brent Chesney Vi. ReQular Mail 7]2 Main~ 29th Floor 0 Houston~ Texas 77002 ~ 713- 892..5200 "Fax 713..892.5032 n \VYV\V.sdircalty.com EXHIBIT D Page 2 of2 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28,2005 AGENDA ITEM: Resolution approving the FY 2005106 budget for the Corpus Christi Crime Control and Prevention Distrid6 ISSUE: Provisions of the Local Government Code section 3639204 require that the goveming body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention Distrid. BACKGROUND INFORMATION: The voters on November 4, 19'a7 established the Crime Control and Prevention Disbid for 5 years beginning April 1 , 1998~ The voters renewed the District on November 6. 2002~ This continues the 11ff' -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus ChristL The Crime Control and Prevention District held a public hearing on April 20, 2005 and the Board adopted the budget on April 20, 20059 The City Council held a public hearing on June 14, 2005 in accordance with notice and all other proc.edures required by law~ The budget must now be submitted to the City Council for approval. REQUIRED COUNCIL ACTION: Approval of the FY 2005/06 budget. PREVIOUS COUNCIL ACTION: Public hearing held on June 14, 2005~ CONCLUSION AND RECOMMENDA noN: Staff recommends approval of the budget. (PI Attachments: Adopted budget City of Corpus Christi Crime Control & Prevention District FY-2003/2004 Actual Year End Numbers FY-2004/2005 Year End Estimates FY-2005/2006 Proposed Budget -, ~';'i;^-~<f!4t~.i~~r' j,~.;'!-;; ~}ii{i$.' .~{~i:~~,"(;i~,~,~: ~,-~i#J;;~;i;i t~~ f)(~ '~!>-'~'~-'j~~,'t. ~<~(/~~_~; ~!Ft:,,\i;~~,V>?1;t,~ ~~rG~;t<.- CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS Page Program Org. No. No. 1 Financial Statement 2 Police O"lcer Costs 11711 3 Support Personnel 11712 4 Pawn Shop Detail 11713 5 MDT/A VL Technical Support 11714 6 Street Lighting 11716 7 Public Safety Vehicles & EquIpment 11717 8 Juvenile Assessment Center 49002 9 Citizen Advisory Councils 49008 10 Juvenile City Marshals 49010 11 5 Year Revenue & Expenditure Projection Crime Control & Prevention DIstrict FY -200312004 Actual Revenue I. Expenditure Numbers FY..200412005 Year End Revenue & Expenditure Estimates FY-2005l2006 Pro osed Bud et , - - ~ 'V".~ '-. ~ .-..1,;( I ' , '~ _'~llil. .~' .;J- ^ i ~ J< ' < -l....~'-' :~\ ~.,~7<~<"\~ - - Actual Amended 2003-2004 2004-2005 Estimated 2004-2005 Pro osed 2005-2006 ____~__._-. Beginning Balance 2, 195,883 2,109,897 2, 1 O~,897 2,056,090 Revenues Sales Tax Interest on Investments Interest Eamed-Interfund Sale of Sera City Property Miscellaneous 3,889,730 22,808 1,184 6,035 Total Current Revenues 3,919,757 Total Funds Available 6,115,640 Expenditures L 81 Advisor Police Officer Costs Su Personnel Pawn Sho Detail MDT/AYL Technical Support Street LI hlln Public Safety Vehicles & EquipI' Police Academ Costs Election Costs Juvenile Assessment Center Citizen Advisory Council Juvenile CI Marshals Total Ex nditures 3,327,100 69,547 62,572 103,815 11 ,393 3,111 304,862 4,764 118J578 4,005,743 3,938,782 41,712 3,980,494 6,090,391 3,575,938 72,162 122,558 109,000 339,139 10,003 126,717 4,355,515 4, 168, 139 38,446 2,233 7 4,208,825 6,318,722 3,519,627 57 ,909 102,206 108,338 337,913 9,922 126.717 4,262,632 4,334,865 51,560 4,386,425 6,442,514 3,809,393 126,997 106,102 109,000 350,912 10,003 134 601 4,647,008 Ending Balance 2,109,897 1,734 876 2,056,090 1,795,507 Surplus I (Deficit) (85,985) (375,021) (53,807) (260,583) 1 Crime Control & Prevention District ~.. Police Officer Costs/11711 ~- Expenditure Budget f--------- ^ - Actual Amended Estimated Proposed 2003-2004 2004-2005 2004-2005 2005/2006 ~-~ -- .-- ._- -- -. ,"--'-~---~- -...-. Salaries & Wages 2,078,649 2,157,767 2,052,863 2, 189,976 Overtime 164, 124 181,492 209,164 222,803 ~- Other Pay 102,201 126,399 145,558 175,437 Retirement 451 ,849 511,239 498,906 561.125 Group Insurance benefits 277 ,692 325,451 325,451 357,996 Clothing -.- ......... 26,159 35,281 27,281 28,000 Fuel & lubricants 20,965 29,559 54,559 55,000 -...........-...... Food and food supplies 265 150 150 150 Books & periodicals - - - - Minor tools & equipment 2,395 3,179 3,179 3,180 Minor computer equipment 1 ,842 - - - Office supplies 659 4, 122 872 1,000 Profe~lonal services 324 1,077 602 800 VeIIl. rep8lrs 141 902 753 750 Mileage reimbursement (1,256) - .. - P08tate & express charges - ... - .. Equiplllent maintenance -~-- --_. 1 ,988 1,033 2,000 2,000 Travel * - - - Supplemental Insurance 37,200 37,200 37,200 37,200 Self I....urance allocation 161 ,904 161 ,088 161,088 173,975 Other equipment - . - - Reimbursement lit - - - Total Costs 3,327,100 3,575,938 3,519,627 3,809,393 Schedule Of Police Officer Deployment: Universal Hiring Program 10 AddltlolWl Officers - July 1999 5 Addltlo"l OffIcers - February 2000 15 ._,. Addltio..1 OffIcers · July 2000 10 Acldltio... Officers · April 2002 10 Total Police Officers 50 ~-. - ........-. Positions: 2003-04 2004-05 2005-06 Police Officers 50 50 50 .....--- ~. 2 Positions: Office Assistant II Senior Staff Assistant Functional Analyst V Functional Analyst Public Safety Dls atcher Crime Scene Technician I Total Positions 2003~ o 1 o 1 o o 2 3 2004-05 o o o 1 o o 1 2005-06 o o o o o o o Crl me Control a Prevention District Pawn Shop Detal1/11713 Expenditure Budget Actual Amended Estimated Proposed 2003-2004 2004-2005 2004~2oo5 2005-2006 -- - ".. ~r -...... Satarles & Wages 41,776 .. - 80,439 Overtl me ... ... - 1 ,924 Other pay 644 - - 869 Retirement 8,260 - .. 17,711 Group Insurance benefits 5,412 ... - 12,446 Oflce Supplies - all ... - --, .~- Self Insurance allocation 6,480 .. - 13,608 Total Costs 62,572 ..... 'l1li 126,997 1----. Positions: 2003-04 2004-05 2005~O6 Otlce Assistant II 0 0 0 Mat _,... -- A88lstant 0 0 1 Senior Staff Assistant 2 0 3 Total Positions 2 0 4 -- f----------- -- : '/~~ 7; :--i~ - _/~t." '-'~' "f~-fp,' -~:,.-. ~'~, i: '_/Urul'~~-/I";,, f"~>-'~." J~;': - ":':'i-~!<- < !~"~(~ ->:.,' 'tV,i;~~,,;'0\'~ _:~:' '. ~~,: ~;:./<:,,~,! : ~' F'= ~ ~ ~ , / .. -...........iiIIrI.... ' , ,- 4 Crime Control & Prevention District MDT/AVL Technical Support /11714 Expenditure Budget -.-. Actual Amended Estl mated Proposed ---~ 2003-2004 2004-2005 2004-2005 2005-2006 ~. --. .- .----.... - -' ...-.-_...... Salaries & Wages . ........... - ---. ---..-............---- . .- 72,545 90,306 73,594 75,270 Overtime 923 1,600 1 ,600 1 ,600 - -.---r..---,,__._ _._. ................_ Other pay 113 884 869 884 Retirement 14, 178 19,209 15,584 16,857 Group Insurance benefits 9,576 4,367 4,367 4,804 Minor computer equipment . - - - Office supplies - - ... - Self insurance allocation 6,480 6,192 6, 192 6,687 Total Costs 103,815 122,558 102,206 106,102 '---- . .-- ---._- -- .---........ Positions: 2003-04 2004-05 2005-06 Functional Analyst V 0 0 0 Functional Analyst 1 1 1 Technical Specialist VI 0 0 0 Technical Specialist 1 1 1 Total Positions 2 2 2 ~~ - 5 .':I~'" I~ ......,,~1Ir':' .~I..~ ------.-. ~ ._~-~~~ Crime Control & Prevention District Street Llghtlng/11716 - Expenditure Budget ............ Actual Amended Estimated Proposed 2003~2004 2004-2005 2004-2005 2005/2006 ---.."--------- -.-" .0. _ _.___"_____ .._~-~-- --_.- ..-- .~--- - Professional services 11 ,393 - - ... Equipment maintenance - - - - Total Costs 11 ,393 "" "'" - .-. 6 Crime Control & Prevention District Public Safe Vehicles & E ul ment/11717 Expenditure Budget Actual Amended Estimated Proposed 2003..2004 2004-2005 2004-2005 200512006 -----------.- ----------_._..~ -~- ---. -..-. Purification chemicals ----~-- ..... ~- ........... Minor tools & equipment --- .................~. ~.................---.........-- ....... Minor computer equipment 2,537 Minor office equipment Office supplies .......... .......-......................-..-- Vehicle repairs Postage & express charges E ul ment maintenance 574 Vehicles & machinery 1 07 ,626 106,690 109,000 Other equipment 1 ,374 1 ,648 Computer equipment Total Costs 3, 111 109,000 108,338 109,000 "-2002103-7 replacement vehicles FY-2003/04-rsdios & MDT/A VLS FY-2004lO5-5 replacement vehicles ! / ,-~'~ ;; ~1_--;.~ .' o'l~~' "; - _ _ . : ! ': >_:.. 1 - ~ -: d, . ;:.-{ c. ~t~,~~ '~~ ~:.', FY-200612007-no vehicle purchases FY-2007IOB..5 replacement vehicles Vehicles reduced by board action of meeting on 03117/04. 7 Crime Control & Prevention District .~..... .. Juvenile Assessment Center/49002 --'. ..- Expenditure Budget ~---------- Actual Amended Estimated Proposed 2003-2004 2004-2005 2004-2005 200512006 ---.. --- --." Salaries- & Wages ~- .- "- - 168,458 194,787 194,762 200,506 Overtime 486 2,228 878 1 ,295 Other pay 252 - .. .. Relrement 31,590 40,784 40,561 43,751 Group insurance benefits 21,984 21 , 137 21,137 23,250 Food & food supplies - - - .. .~- f----- Minor tools & equipment - .... - - Minor office equipment .. ~ lIIo . Office supplies 1 ,494 1 ,530 1 ,530 1 ,500 Maintenance materials - - - - Maintenance & repairs - 100 100 100 Professional services 163 SOO 500 400 - Temporary services 14,462 - .. - Pottage & express charges 1,224 513 2,385 2,700 Rentals 35,602 48,556 45,556 45,056 Mileage reimbursement 1 ,228 1,530 1 ,530 2,600 T elephoneJtelegraph service 4,684 3,856 5,356 4,000 Building maintenance & serv. . 750 750 750 Training-general ... 500 500 500 Printing advertising & PR 363 750 750 750 Printing outside print shops - 150 150 150 Travel 1 ,501 1 ,020 1,020 1,520 Self Insurance allocation 21 ,372 20,448 20,448 22,084 Total Costs 304,862 339,139 337,913 350,912 Positions: FY -2002/2003 2003-04 2004-05 2005-06 Office Assistant II 0 0 0 Staff Assistant 1 0 0 Intllkellnvestlgative Specialist 2.6 2.6 2.6 Program Manager 0 0 1 Juvenile Assessment Center Supt. 1 1 1 Case Manager 2 2 1 -- Administrative Assistant 0 1 1 Total Positions 6.6 6~6 6.6 --,-. - . ..... 8 Crime Control & Prevention District .... ...........-...0.....-... Citizen Advisory Councl1/4900B Expenditure Budget -_. Actual Amended Esti mated Proposed ~-. ._.......__..........--r 2003-2004 2004-2005 2004-2005 2005/2006 ...---- - . -.~----,-.- ---.~-. .. - -- ------- f--. ... ----~- -~-,_. ---_..~- Minor tools & equipment - - ---" .......... ,- ~_. Minor computer equipment 4,081 2,003 2,522 2,003 Office supplies - .. .. ~ ~. Maintenance & repairs 144 4,000 3,400 4,000 Maintenance materials ... - - - "- Professional services - - 2,500 - Postage & express charges"- --- ....._._._~- - - .. - - ......10&..1__...__ . ........-- Telephone/telegraph svc. .. - - - Memberships & dues - .. - tilt -..........-........ Printing advertising & PR 539 4,000 1 ,500 4,000 Total Costs 4,764 ..~.~ 0,003 9,922 10,003 -......... . .......- ..... --..---.-.-.-- --- .__u___- -.'- - 9 Crime Control & Prevention District Juvenile City Marshals/49010 - Expenditure Budget --..- Actual Amended Estimated Proposed 2003-2004 2004-2005 2004-2005 2005/2006 -- -- . -- Salartes & Wages 50,246 91,174 91 , 174 95,983 Ovel1lme 20,440 5,000 5,000 5, 150 Other pay 113 II1II ... - Retirement 13,512 19,909 19,909 21 ,926 Group insurance benefit 8,532 2,894 2,894 3,183 Prof..slonal services 17,636 ... .. .. Self Insurance allocation 8,100 7,740 7,740 8,359 Totals 118,578 126,717 126,717 134,601 1---' Posllons: 2003-04 2004-05 2005-065 r- 1"-" City Marshal 3 3 3 10 -' City of Corpus Christi Crime Control & Prevention District ------_. ._- .------.- .~-~~- 5..Year Revenue & Expenditure Projection -, Presented to Board @ February 16, 2005 Board Meeting ;~f~f{ .: ^ ~ --.-.--- _.~ -- Year 1 Year 2 Year 3 Year 4 Year 5 r-------- Actual Estimated Proposed Projected Projected Projected -- ---.--r._..... ._. __ _.. 2003-2004 2004-2005 2005-2006 2006-2007 2007.2008 200S.2009 ...-..... -- . - - - - - -" Beginning Balance ....-...... 2,195,883 2,109,897 2,056,090 1 ,795,507 1,640,108 1,316,317 Sales Tax Revenue 3,889,730 4,168,139 4,334,865 4,464,910 4,598,858 4,736,824 .....-..-.----...---....... ----- InterHt On Investments 22,808 38,446 51,560 40,399 36,902 29,617 ~.of ~Ity Property/Miscellaneous 7,219 2,240 - - - - Total Current Revenues 3,919,757 4,208,825 4,386,425 4,505,309 4,635,760 4,766,441 Total Funds Available 6,115,640 6,318,722 6,442,514 6,300,816 6,275,868 6,082,757 f---. Expenditures: Legal Advisor - - - ... - - Police Officer Costs 3,327,100 3,519,627 3,809,393 3,953,590 4,105,316 4,265, 1 02 - --"--.---.... Support Personnel 69,547 57,909 - - - . ...........-............---. Pawn Sh~p Detail 62,572 ... 126,997 134,319 141,657 147,261 MDT/AVL · rechnlcal Support 1 03,815 102,206 106,102 61 , 148 - - Street LlgI 'ling 11 ,393 ... - . .. .- Public Safety Vehicles & Equipment 3, 111 1 08,338 109,000 - 109,000 109,000 Police AQdemy Costs .. - .. .. - - - --- -,._- Election Costs - .. - - 75,000 .. ...... .._".." -.... Juvenile Assessment Center 304,862 337,913 350,912 362,370 374,423 387,113 Citizens Advisory Council --.......- 4,764 9,922 10,003 10,000 1 0,000 10,000 Juvenile City Marshals 118,578 126,717 134,601 139,280 144,155 149,237 ~. Total Expenditures 4,005,743 4,262,632 4,647,008 4,660,708 4,959,552 5,067,712 Ending Balance 2,109,897 2,056,090 1 ,795,507 1 ,640,108 1,316,317 1 ,015,045 Surplual~flcft . --.- ..-- -~ .....". ,.... (85,985) (53,807) -~- (260,583) (155,399) (323,791 ) (301 ,271 ) .. . ~ :;. . II ~ . ... ~... - r. . , .. .~ ~....... . ~-~ y:l.~.;;;.":~.~'. . ,~ 'Y' '. .~ I~ . ~..... . ,.............. --- ~- - -- -.- .. . ~ . )~:\ 11 RESOLUTION AUTHORIZING THE CITY MANAGER. OR THE CITY MANAGER'S DESIGNEE, TO APPROVE THE FY 2005106 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council hereby authorizes the City Managerl or his designee, to approve the FY 2005/06 budget for the Corpus Christi Crime Control and Prevention District~ ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Seaetary Mayor ~~ Legal form approved ~ b . 2005 Randy A. Stoneroad / Assistant City Attorney Corpus Christi, Texas Day of I 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christit 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 ord'inances 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 t Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: Resolution authorizing the City ManagerJ or designee) to submit a grant application to United States Tennis Association for a Tennis in the Parks grant in the amount of $100,000 for reconstruction of courts at the HEB Tennis CenterJ with a City match of $500,000 in the Bond 2004 and a total project cost of $600,000. ISSUE: The HEB Tennis Center is vital in the growth and development of tennis in the local community, however the courts are in desperate need of renovation so that they are back in good, safe playing condition. This is a large facility with 24 courts and is the cornerstone for tennis in Corpus Christi and South Texas. Adequate resources have not been available over the years to properly maintain the courts. As a resultl over half the courts at the facility are in need of major repair, and a portion of those courts are not safe to play. The current condition of the courts threatens the continuation of tournament, league and recreational play~ Voters recently approved a City bond package that includes Parks and Recreation~ A portion of this funding is earmarked for the HEB Tennis Center, but it is not enough to renovate all 24 of the courts. The funding provided by this program would increase the number of courts that could be rebuilt and/or resurfaced, thus providing a safer and more attractive public tennis centerw REQUIRED COUNCIL ACTION: Authorization to submi~ an application to the United States Tennis Association for the Tennis in the Parks grant in the amount of $100,000. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to submit grant application. Attachments: none Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO USTA FOR A TENNIS IN THE PARKS GRANT IN THE AMOUNT OF $100,000 FOR RECONSTRUCTION OF COURTS AT THE HEB TENNIS CENTER, WITH A CITY MATCH OF $500,000 IN THE BOND 2004 FUND AND A TOTAL PROJECT COST OF $600,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to UST A for a Tennis in the Parks Grant in the amount of $100,000 for reconstruction of courts at the HEB Tennis Center, with a City match of $500.000 in the Bond 2004 Fund and a total project cost of $600,000.. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the tenns and conditions of, or terminate the grant, if awarded to the City.. ATTEST: CITY OF CORPUS CHRISTI Annando Chapa City Secretary APPROVED: June 2,2005 ~ Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Henry Garrett Mayor C:\(Doyle. 03 .05\ORD2003.05\Resoluti.ons\05.06020C. HEBT en. nisCtr. UST A. grant,doc Page 2 of 2 Corpus Christi, Texas _ day of , 2005 The above resolution was passed by the following vote: Henry Garrett.. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott C:\(Doyle.03.05\ORD2003.05\Resoluti.ons\05.0602DC. HEBTen. ntsCtr, UST A. grant. doc 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28,2005 AGENDA ITEM: Renaming the park at 2120 Hudson St. from Midway Park to Nancy Todd Garrett Memorial Park; waiving the eO-day waiting period and publication of legal notice; and providing for severance. ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City has received a renaming request from Brent Chesney for Midway Park located at 2120 Hudson Street to be renamed Nancy Todd Garrett Memorial Park. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Committee voted unanimously at their June 8, 2005 meeting to recommend that the City Council consider waiving the 60-day waiting period and the newspaper publication for this renaming request related to Midway Park. The Committee is also asking the City Council to approve the requested renaming of the park as Nancy Todd Garrett Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities and that process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Midway Park as Nancy Todd Garrett Memorial Park be approved and the waivers granted as requested~ ik, Director Recreation Department Attachments: Map Copy - Request for Naming of Parks and Facilities Letter of request from Brent Chesney Copy - Council Policy Information Letter of approval from Henry Garrett BACKGROUND INFORMATION Midway Park is located where Vestal Street intersects Hudson Street by the Crosstown Expressway~ The park was named for the subdivision that was developed in the late 1940's. Nancy and Henry Garrett spent time at Midway Park during their early years. The two met when they were students at Cunningham Junior High School, when he was 13 and she was 11 years old. They married in 1959~ They were an active part of the community surrounding the park~ Nancy Todd Garrett passed away following a long battle with ovarian cancer. The 53-year old Garrett was a shining example of a gracious woman who always supported her husband, family and city in every endeavor. She was born in Independence, Kansas, and lived in Corpus Christi most of her life~ She was a graduate of Carroll High School and was a retired office manager and executive secretary for Speedman Oil Co. A similar ordinance and waiver was approved by the City Council, requested by the Park and Recreation Advisory Committee, in February 2002 in the renaming of Gypsy Park as Don and Sandy Billish Park~ Similarly. in December of 2003, Meadowbrook Park was renamed Dan Whitworth Park and February 22,2005 Seagull Park was renamed Ullberg Park ; , .y/ -,,--..... CITY OF CORPUS CHRISTI PARK. AND RECREATION DBPARTMENT PARK. AND RECREATION DEPARTMENT POUCY/PROCEDURE NUMBER Rec-95-12 SUBJECT: Criteria for Naming Park and Recreation Facilities APPLICABLE TO: All Park and Recreation Faci1ities admiDistered by the City of Corpus Christi '\ EFFECTIVE DATE: I. PURPOSE To establish the format and criteria for naming facilities which are under the jurisdiction of the Park and Recreation Department and are consistent with City Resolutions 18545 and 19938. II. SCOPE, This policy applies to facilities situated on City owned or administered property. It is understood that due to the diversity of City operatiOD8, varying factors may apply to specific facilities. Based on this, th~ fonowing CLASSIFICATIONS section provides a breakdown by CLASS of the variables to be considered in naming facilities.. - ~ m. CLASSIFICATION CLASS A: Facilities built and .operated by the City. CLASS B: Facilities built and operated by independent organizations. Naming of facilities in this cateaorY will be submiUed by the current year Organi7.ation President with approval by the Board of Directors of the respective OJB'It1i7ation. Facilities built and operated by independent 'orpni~tions on City owned or administered properties. The nJmi. is the sole reBpODS11111ity qf the OlV"i~tiOD. CLASS c: IV. NAMING PROCEDURE ~. Where the UmniflB of a Class A or B park or. part facility is proposed, the following steps shall be taken; as per city Resolution IIId departmental policy requirements: " ,jL.. , ,--.... .-...... L " 1. PtlSODS, groups, or orgsmiz-tions proposing p,mil'S of Park and Recreation facilities shall fill out a Naming Facilities Form and submit the request to the staff of the Park and R.ecreation Department for review and consultation with the requesting entity. 2. Naming request shall be submitted to. the Park and Recreation Committee.. No action may be taken by the Committee for a minimum of 60 days after receipt of the proposal. 3. During the 6O-day waiting period, legal notice shall be published twice in a newspaper of general circulation giviDg notice of the proposed naming. In DJiti01l, a sign noting that a name change request is being considered along with the Park and Recreation Department telephone nmnber will be posted at the. park. Written .comments or historical data are to be submitted to the Parle and R.ecreation Committee and interested individu.als are invited to come before the Committee to address the issue. 4. At the first meeting .after the 6O-day waiting period, the PBIk and Recreation Committee will" ODe of the followina dOllS: a.. Approve the request; b. hject the request; or c.. Table the request for tb.ture action or additional information. In the event the request is rejected by the Committel\ the requesting entity may appe8l the rejection to the City Council, s. The Council shall consider the request and eitha: approve or reject the request. The Council. at its option, can waive aD provisions herein provided in commemoratiDg or memoriaJizins 811 individual or act. Costs IS80Ciatecl with naning ceraDODies aDd the provision of marker, plaques, or manorials shall be borne by the entity proposing the name. Dan Whitworth. Director P8Ik and. R.ecreation Depanment ADOPTED: December 6, 1995 REVISED: September 11, 2002 '. ,02 - 1215 t "'4. ,:-38 FR'OM :-11' l-RST ~ Ai,t4.i;:~ I CAN ,T.I TLEMS- _~ D*~. 3619B~61JlH:t .: " . PAGE. - ,~~~_/~~-: FILE MEMORANDUM TO: SALLY GA VLIK (Via fax) City of Corplls Christi Parks & Recreation cc: MAYOR HENRY GARRETT CITY COUNCIL l\mMBERS CITY MANAGER (Via distribution by City Secretary) (Via distribution by City Secretary) (Via distributioD by City Secretary) FROM: BRENT CHESNEY DATE: May 2, 2005 RE: MIDWAY PARK FOR YOUR INFORMATION X FOR YOUR REVIEW AND HANDLING - - FOR YOUR HANDLING NEEDS YOUR FURTHER INSTRUCTIONS PLEASE ADVISE PENDINGIWILL FOLLOW-UP Sally.: I would like to make this request of the Parks & Recreation Board for consideration. I would like for Midway Park to be considered as a potential park to be re-named in memory of Nancy Garrett.. Please put this on your agenda for the Parks & Recreation Board to review and let me mow their input- Thank you very much9 Brent Henry Garrett P. O. Box 18563 Corpus Christi, Texas 78480 June 13, 2005 Ms. Sally Gavlik City of Corpus Ch risti P. O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Ms. Gavlik: On behalf of my family, I give the City of Corpus Christi permission to use Nancy Garrett's name to rename Midway Park to "Nancy Garrett Memorial Park". With sincere gratitude, Page 1 of 2 AN ORDINANCE WAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; RENAMING THE PARK AT 2120 HUDSON ST. FROM MIDWAY PARK TO NANCY TODD GARRETT MEMORIAL PARK; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Under Policy No.6 of Council Policies, Resolution No. 21901 , adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation Advisory Committee, the City Council waives the 60-day waiting period and publication of legal notice . SECTION 2. Midway Park at 2120 Hudson St. is hereby renamed Nancy Todd Garrett Memorial Park. SECTION 3. It is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose.. Therefore, if 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~ C :\(Doyle.03.05\ORD2003.05\Ordinanc.es\Rename.Park\05.0616DC, rename. Midway .As. Garrett. Park.doc Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the 28th day of June, 2005, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott William Kelly The foregoing ordinance was read for the second time and passed finally on this the 12th day of July, 2005, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly PASSED AND APPROVED on the 12th day of July, 2005 AnEST: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED 13 June 2005 &;/ Doyle . Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attomey C:\(Doyie. 03.05\ORD2003.05\Ordinanc .es\Rename.Park\05.0616DC.rename.Mldway.As. Garrett.Park.doc 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 4th of July - Big Bang Celebration Presentation by Mayor's Planning Committee STAFF PRESENTER(S): Name 1. Diana Zertuche Garza Title/Position Assistant to the Mayor Department Mayor's Office OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Sharon Emerson 2. Shelley Parks 4. Vicky Lewis Co-Chair - Mayor's Planning Committee Fireworks - HEB Public Affairs Representative Stars & Stripes Parade - Buccaneer Commission ISSUE: 4th of July - Big Bang Celebration Information and Schedule of Events BACKGROUND: EVENT DESCRIPTION: The City of Corpus Christi, since 1977, has proudly celebrated the Independence Day Holiday with a variety of patriotic events~ The Mayor's Office provides coordination for the various public (not for profit) events that are scheduled in the downtown/Shoreline area including the patriotic parade, veteran's ceremony and the annual fireworks presentation~ The "Big Bang Celebration~~ is a community effort with the basic/logistic support provided by the City of Corpus Christi for traffic control, street closures, park maintenance and staging, coordination of general publicity, trash pick up and safety of the marina. REQUIRED COUNCIL ACTION: None Required ~ ~/ Diana Zertuch~~ - Assistant to the Mayor Additional Background - Schedule of Events Attached Corpus Christi - , III ~.' 2003 7:00 8. m. Heritage Park 10:00 a.m. Sherrill Park 5:45 p.m. Bayfront/Marina 6:00 p.m. Coliaeum to 1..37 CORPUS CHBlsn TEXAS JULY 4TH .. BIG BANG CELEBIZATlON 2005 CALENDAB OF SPECIAL EVENTS MONDA~ JlILY 4" ~OO5 8:30-9:30 p.m. Cole Park 9:30 p.m. Downtown Bayfront .--.... .~ ,-_.. --. .,......... 4 FOR THE 4TH Bayfront Run by Corpus Christi RoadRunners Pick up applications at Roger Soler's Sports, 5854 s~ Staples St, Fleet Feet, call 881-6166 or at Heritage Park before the race INDEPENDENCE DAY PATRIOTIC CEREMONY Corpus Christi Mayor's Committee for Veteran's Affairs & the Corpus Christi Veteran's Band (Free to the Public) u.s. COAST GUARD SEARCH & RESCUE Rescue Demonstration & Falcon Flyby (Need Confirmation) (Free to the Public) 4TH OF JULY STARS & STRIPES PARADE Buccaneer Commission, Inc~ & Buccarader Assn Sponsored by the Mayor's July 4th Committee (Free to the Public) COLE PARK (Free to the Public) 18th ANNUAL H -E-B INDEPENDENCE DAY FIREWORKS DISPLAY over the Downtown Bayfront (Free to the Public) 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of 3rd Quarter FY 2004-2005 Budget! Performance Report. STAFF PRESENTER(S): ~am. Title/Position DeDartment 1. Oscar Martinez Assistant City Manager - Administrative Services 2. Eddie Houlihan Assistant Budget Director ISSUE: The 3rd Quarter Report for the period ended April 30, 2005 has been completed and distributed to the City Council on June 24, 2005. The report is now formally presented for Council Review. REQUIRED COUNCIL ACTION: No formal action is required. '~ di Houlihan Assistant Budget Director Power Point Presentation X Exhibits 0 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Third Quarter Report of the Health Benefit/Risk Management Fund STAFF PRESENTER(S): Name 1. Cynthia C. Garcia 2. 3. Title/Positio n Depa rtment Director of Human Resources Human Resources OUTSIDE PRESENTER(S): Name Title/Positio n Oraanization 1. 2~ ISSUE: Because of the unpredictability and fluctuation of the activity in Health Insurance, Workers Compensation, and General Liability, the Council has asked for quarterly presentations of incurred costs, and amounts paid in the Health Benefitsl Risk Management Fund. BACKGROUND: Staff has been making quarterly presentations to the Council for three years, so that the Council can make adjustments to the Budget, as needed, and informed decisions regarding insurance premiums. REQUIRED COUNCIL ACTION: None ~ L7, ~J Cynthia C. Garcia I ATTACHMENTS: Quarterly Report Power Point Slides City of Corpus Christi, Texas Department of Human Resources Risk Management Fund Report for Period Ended April 30, 2005 TABLE OF CONTENTS Heal th B ene fits. . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . .. .. .. . . . . .. .. . . . .. . . .. . .. .. . . .. .. .. 1 W ark ers' Com pens a ti on. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . .. . . .. . .. . . . .. .. . . . .. . . . .- . . . . . ...6 General Liabilities. . . H ~ .. . . . . . . .. . . . .. . . . .. . . . .. . . . . . . . H . . . . ~ .. H . . .. H H . . .. .. .. .. . H .. .. . . . H H .. .. . . . .. H H .. H . . .. . ... 15 Health Benefits Graphs H-l and H-2 below provide the claims count and dollars paid for each of the City's health plans for Fiscal Years 2004 and 2005. The data itself is provided in Tables H-l and H-2 following each graph. Number of Claims Filed by Plan 9000 8000 7000 " 6000 E 5000 .. 0 4000 0 =-= 3000 2000 1000 - - - ... ... .. r .. ... .. - .. ..... . .. . .. .. ...... . ... - . - ....... ... r .... ... .. .... ........,..... - ... - .. .. - ... - ..... r - ~ .... - .. - T - .. - ... .. - t . ......... r- ... .. - - - .. r" ... . .. . ... . r I .. - - . . -... .. " .. - .... ..,... " .. - .... .... ",," ". ... - .. .. "... .. ... .. . .. 1 - .. .... - .... - t ... ... - .. .... .. I I 1 ~ I ~ I I I ~ I I I r 4 ~ I . ~ I ~ I ~ ~ . I . 1 I ~ ~ I ~ ~ . t . . . . L I ~ ~ ~ I . I . _ I I ~ ~ ~ ~ ~ ~ ~ ~ I I ~ ~ ~ I ~ I ~ I I I t I ~ L ~ ~ ~ ~ I - .. .... -... - ~ .. ... .... - ... -... - - - - -......-.... - - - - -11- - - - - - .... - - - - - .... -11- - - - - - -t - - - - - .... ... - - - - - - + - - - - - - ... - .... - .... - -... - - - - - -1Ir-.... - .... - -....~ - - - - .... --11-.... -.... - - ........ - - - .... .... -'II.... - - - ... - ........ - - - - .... -II ... -..... ... - - . - - - - - - I ~ ~ I . I I I I ~ I I ~ I _ 1 ~ I ~ ~ ~ I I L . I . . I I ~ I _ ~ I ~ ~ . I I . I 4 I ~ . I I ~ 4 ~ 4 ~ 1 ~ t I I ~ I , I . I I I ~ L I I I ~ I ~ - ... .. .. ... ..~.. .. - .. - ... ~.... - .. - - . ...I.... - - .. - ... 4 .. .. .. .. .. . .L . . " - ~ . '" .. .. ~ I. .. . I. . .. .. . ... . L.. - . - - - -. L. ... .. .. .. .. . -.. .. " .... . L. . .. .. ...I... ... ... .... - ... .,,)... .. ... ... - - ~ ... - - - .... ... -II .... . ... ... ... ... ... ... .... - .. _ .... .... - - .. ~ I I ~ 1 I. I I ~ ~ I I I oj ~ I I ~ ~ I I ~ ~ I' I I I ~ I I . ~ 1 I I I I I I 1 I I ~ ~ I . ~ ~ I I o Aug 03 Nav 03 Feb 04 May 04 Aug 04 Nov. '04 Feb. '05 l--+-Sasic ___CC & Q+ -..-Fire -H-Police ___E_O&V -4-Total -FY04 Trend ~ Graph B-1 Number of Medical Claim Filed Year AUK. Sept Oct Nov Dee J.n Feb Mar Apr May Jun Jul Total Cjticare FY04 2693 4~776 4516 3634 3 161 3430 3868 4064 3887 3883 3~71 0 3841 45 463 FYOS 2~863 S~028 4229 3751 3811 3 871 3963 4576 4031 - - - 36,123 Citicare Fire FY04 694 983 950 775 170 797 809 906 904 1028 830 778 10 224 FY05 685 1 ,130 999 928 947 924 829 1 031 862 - - - 8,335 Citicare PD FY04 786 I 286 I 228 1 ~O35 I , I 22 1 058 1.191 1 306 1 112 966 985 948 13,023 FY05 711 I 352 1 321 I 137 1064 I 126 1 080 1 224 1047 - - - 10 062 Citicare Basic FY04 40 125 78 85 64 89 130 83 130 99 107 95 1,125 FY05 118 98 127 83 136 119 131 140 117 . 1069 Total FY04 4213 7 170 6772 5529 5 It? 5374 5998 6359 6033 5976 5632 5662 69 835 FYOS 4,377 7608 6676 5899 S 958 6040 6J)Q3 6971 6~OS7 ~ - . 55 589 Table H-l 1 .- I~ ___.. _.... Dollars Paid by Plan Including Prescriptions $2,000,000 $1,800.000 $1 t600,OOO $1,400.000 t! $1,200,000 .!! o Q $1 tOOO,OOO $800.000 $600,000 $400,000 $200.000 $- Aug 03 Nav 03 ---.- Basic ___ 0& V Feb 04 - CC & Q+ --- Rx May 04 Aug 04 ~Fire ---Totat Nov. '04 Feb. '05 -+- Police -FY04 Trend Graph H-2 Dollan Plid (In n.....a) Year AU2 Sept Oct Nov Du Jan Feb M.r Apr May Jun Jul Total Citicare FY04 947 799 714 477 620 461 S9S 699 60S 653 638 659 7866 FY05 675 807 739 694 747 719 806 747 1 067 . 7001 Citicare Fire FY04 122 122 109 97 88 113 158 100 134 177 133 104 1 457 FY05 94 116 170 111 122 114 95 tS6 191 ~ . I 175 Citicare PO FY04 294 198 169 162 197 190 197 317 118 286 2St 202 2,639 FY05 103 390 240 154 147 225 254 70 183 - - . 1 766 Citicare Basic FY04 1.541 22.675 14.011 9.899 4.331 9.923 11. %6 4.958 6.945 10.675 11.060 7.280 115 FYOS 6.151 9.158 12.514 9.078 1 1.511 14.2 t I 16.618 11.047 10.782 0.000 0.000 0.000 101 Phumacy FY04 267 201 200 191 211 221 210 236 221 218 214 221 2610 FYOS 220 229 247 231 271 264 247 283 267 - w 2259 Total FY04 1 ~631 t 343 1206 936 I 120 994 1 171 I 357 1 ~145 I 345 1246 1 ~ 192 14 687 FY05 I ~098 I 551 1409 t ~ 199 I ~299 I 336 I 419 1267 1 ~ 725 . - - 12~302 Table H..2 Table H-3, shown next, provides information regarding the change in claims filed and dollars paid for each of the three major health plans (Citicare, Fire and Police) from the first nine months of Fiscal Year 2004 to the same period in Fiscal 2005. 3rd Quarter Coml3arison Claims % % ~ Chanae Dollars Paid Chanae C itica re FY04 34.029 $ 5,915,969 FY05 36,123 6.15OAJ 7fOOO,261 18.33% C iticare Fire FY04 7 , 588 1,043.207 FY05 Br335 9.840/0 1, 1741708 12.61% Citicare PD FY04 10, 124 1,901,276 FY05 10,062 -0.61 % 1 ,765,324 -7.15% C iticare Basic FY04 824 86,248 FY05 1 ,069 29.730/0 101,071 17.190/0 Pharm acy FY04 58,752 1,957,505 FY05 63,531 8.130/0 2J258,961 15.400/0 Table B-3 2 Graph H-3 below shows the average cost per member in total for each of the three past three fiscal years as well as Fiscal Year 2005 to-date. Graph H-4, shown next, compares the average cost per claim for each of the health plans during the first three quarters of the year for Fiscal Years 2004 and 2005. Table H-4 provides the data charted in Graph H-3 split out between both medical and pharmacy claims~ Cost Per Claim 450 400 350 300 f 250 .!! 8 200 150 100 -----. . "'.~-_..- _._.~.. -.. ,. .....-. .....~ _._-._._.--~-- so Aug Sept Oct NOY Dee Jan Feb Mar Apr May Jun Jul 1-.- FY02 - FY03 ---,l- FY04 ......FYOSI Graph H-3 3 ----.-----r - ---_ I I ---, OO'i""'" ~ ...... ,..... ~ II ~ ~ > ~I M c:. '" II) u-) (A. ~ OJ C M - (:: ~ ~m ~ .. UJ.t'.iN .! .~ caOl~ E 0 E ,... :10 D- ca s:. "'M D.. :..= tR- 69- .... ;::. .. a.. "-- Be ~ ~~ U"Cl ~ ., . 31~ ~ ei .~ "i W :aMM -" 15 Q) o 0 a.. ~I >. .- i a; fRo M- cD.. - 0 :E 0) f"".. & ; ~I ~ ~ I! !(O't- \. .. E('t)~ cv ~ > . .C: ~ -c :1:1 E m u: :IE tit 6ft L. . - -2:; I~ ~ 0...... ..!! ! .N~ o ~ e"r"or- o E ~ u: .. :I CI cnO I tiC ~ f .. = D.. at! -= M vt > CI ~ - IU - <~ f ~~ ..... '00 .c c"E ~ Ci uj~ ~ u v ,...... ~ ir) :a NN ~ CD ca :E Q. en E +-' C 0 ... m fit tR- 0 ~ a. - '0 C"') (f') t: Or') '- m ; jl re :g .! D- E e eMM . .0 > .. ~o 0 C(::E () "'('1") "0 l.= c: tA- fJ9. ... ro ....a. - ~c (Q ui ~~~ u1 ..... CI) C":i Q) f N('t") IJI"'C Q) ~ E c ~ CI I~~ t; W a. u E ;:; -" u o 0 t1l ~.c "'C '5 G) tV fA- tFt c:11. '- :.;:i - 0 GJ :E Q: 0 m ..- ~ QII "0 -1M c ,.... en <t'l ~ tX) (") I! ~ 1_ N M . "'g ~ ~ :II <( I t/) ~ ~ 69- Q) "C - ::J 13 .!: L G> ..c E CD v ." ~ C Q ; l- it ltl Conclusion In recognition of the need to move employees towards a more cost-conscious use of the City's Health plans, Health Benefits has worked with Hurnana to develop a 4-tiered drug program for Citicare, the civilian health plan. This change moves Citicare from a 2-tier prescription system (Generic vs. Brand) in which the employee's sole decision-making involves whether to pay $10 for a generic drug or $35 to 330/0 of actual cost for a brand drug to consciously choosing, where possible, drug alternatives that have lower co-pays as well as lower costs to the City. By providing more options, Humana's research shows that the City and its employees should experience some cost savings. In evaluation of this program, actual data from the past year was used to evaluate whether the change would save money for both the employee and the plan. Though not huge savings, there is some and the members of the plan have a financial incentive to explore lower cost alternatives.. For Fiscal Year 2006, premium increases will also be implemented on the order of 9% for both Citicare and Citicare-Public Safety (police), and 60/0 for Citicare-Fire; percentages which are significantly below those implemented for Fiscal Year 2005~ We shall continue to consider other changes appropriate to our membership and the City. 5 Workers' Compensation Geaeral Information Table WC-l below gives summary claims data for the Workers' Compensation self-insurance for the second quarter of each year since Fiscal Year 200 1 ~ Fiscal Year 2005 continues its trend of lower claims counts and incurred dollars than in previous years for the same time frame~ The significantly lower incurred cost of claims filed to-date along with the fact that nearly three quarters of the current year's incurred costs have already been paid out indicate that claims filed thus far this fiscal year are significantly less severe than those filed in previous years~ Additionally, significantly fewer Indemnity claims have been paid on while the number of claims for which no dollars have been paid continues to decline. This indicates that the number of "near miss" claims is also on the decline and is a reflection of the City's Safety division's training and awareness efforts. WORKERS' COMPENSATION 5- YEAR NEW CLAIMS HISTORY (Fiscal Year Basis - Period Ended April 30) Year FYOI FY02 FY03 FY04 FY05 Total number of Claims 939 902 773 802 740 Total Incurred $ 1,016,738 $ 1,628,028 $ 1)566,006 $ 1,782,734 $ 757,833 Total Paid $ 593,658 $ 721,783 $ 774,906 $ 848,988 $ 525,498 % of Total Incurred Paid Out 58% 44% 49% 48% 69% Number of Claims Paid > $l~OO 372 402 439 505 470 Number of Indemnity Cases Paid On 61 82 78 90 39 Number of MO Cases Paid On 311 320 361 415 431 Number of Claims Not Paid On 567 500 334 297 270 % Indemnity Cases of Paid...on Cases 16~40% 20.40% 17.77% 17 ~82% 8.30% Number ofCCFD Claims 132 161 137 103 105 Number of CCFD Response Calls 18,821 20,468 20 ;211 21,462 22,41 t CCFD Claims per Call O~OO70 0.0079 0.0068 0.0048 O~OO47 Number of CCPD Claims 217 270 280 210 218 Number ofCCPD Response Cans 121;071 124,555 118t332 127,482 122,163 CCPD Claims per Call 0.0018 0.0022 0.0024 OwOO16 0.0018 Table we..} Graph we-} and Table WC-2 provide claims count data by department~ Continuing a trend noted in the 2nd Quarter Report to Council, Park Maintenance and Wastewater are the sole departments of those typically identified in this report which show a growth in claims counts this year over previous years. In recognition of this fact, Risk Management has implemented a structured safety program within the Parks department (which has also implemented its own Safety Committee). Risk's safety program is also expected to be used in Wastewater and a currently vacant Safety Coordinator position may be filled as welL As has been demonstrated by other departments whicll have g011e tllfougll the safety program, the benefit is that both the number and severity of on-the-job injuries will be reduced. 6 Year to Date Claims Count Comparison (Period Ended April 30) 1000 800 -- e 600 ::a 8 400 200 o FY01 FY02 FY03 FY04 FY05 _ Street IIJGas II Water _ Wastewater II Parks II Solid Waste Services II Fire _ All Other EJ Police 3rd Quarter Graph WC-l Cumulative 3rd Quarter Comparison - Claims Counts FY01 FY02 FY03 FY04 FY05 DeDartment Count Count ~ Count Count Police 270 280 210 247 218 All Other 112 156 143 109 153 Fire 161 137 103 132 105 Solid Waste Services 195 129 138 116 81 Parks 37 41 39 45 60 Wastewater 59 61 38 43 49 Water 32 19 36 32 29 Gas 40 40 46 44 28 Street 33 39 20 34 17 Total 939 902 773 802 740 Table WC-2 Graph WC-2 and Table WC-3 present the incurred costs for workers' compensation claims at the end of the third quarter for each of the past 4 years and Fiscal Year 2005 ~ In previous reports, staff showed that incurred costs on Workers' Compensation claims have dramatically improved over Fiscal 2004 numbers for the Police, Fire, Gas and Street departments~ This trend continued through the end of April. In fact, the third quarter of Fisca12005 was a particularly safe quarter all around compared to previous years. In staff's 2nd Quarter Report to Council, Wastewater, Solid Waste and Parks were shown to have had increases over prior years in incurred costs. However, by the end of the third quarter of Fiscal 2005, Solid Waste had significantly improved its record, dropping to its lowest level in four year~ 7 $2,000,000.00 $1 ,500,000.00 2! :!! $1,000,000.00 o Q $500,000.00 $0.00 Department Police All Other Solid Waste Services Parks Fire Wastewater Gas Water Street Total Year to Date Incurred Cost Comparison (Period Ended April 30) _ Street II Water _Gas II Wastewater II Parks II Parks II Solid Waste Services II All Other o Police FY01 FY02 FY03 FY04 FY05 3rd Quarter Graph WC...2 FY02 FY03 Incurred Incurred $469,763.00 $507,807~OO 443,924.00 425.381.00 121,025.00 134,360.00 67,313.00 25,872.00 236 t 988 ~ 00 303 i 044.00 11 ,723.00 6i366~OO 66,018.00 36,231.00 104,053.00 22,563.00 107,221~OO 104,382.00 $11628,028.00 $1.566,006.00 Table WC-3 Cumulative 3rd Quarter Comparison -Incurred Costs FY04 Incurred $816,838.00 249,997.00 170.340.00 79,263.00 165 t 062.00 37,447.00 531540~OO 39.418.00 170.829.00 $1,782,734.00 FY05 Incurred $202,935.32 157,854.81 92.505.23 82.060.52 77,155.90 60,790.14 44,894.63 23.127.55 16,509.13 $757 f833~23 FY01 Incurred $185.941.00 470,823.00 20,343.00 13,258.00 162,464.00 35,362.00 42t756.00 23,588.00 62,203.00 $1,016.738.00 Graphs WC-3 and WC-4 below compare incurred costs to paid costs and paid-on cases to non- paid cases. Trends demonstrated in 2nd Quarter numbers continued through the end of the third quarter, showing a performance in Workers' Compensation claims significantly improved over prevIous years. 8 Incurred Costs vs Paid Costs $2tOOO,OOO $1,500,000 I!! .!!! $1 tOOO,OOO -- 0 Q $500,000 $- FY01 FY02 FY03 FY04 FY05 Fiscal Year. Period Ended April 30 I-Total Incurred . Total Paid I Graph WC-3 11000 900 800 700 600 500 400 300 200 100 FY01 FY02 FY03 FY04 FY05 ,_ Number of Claims Not Paid On 0 Number of Indemnity Cases Paid On C Number of MO Cases Paid On ! Graph WC-4 Incurred Cost and Claims Maturation Graphs WC-3 and WC-4, shown above, represent dollars paid during the first three quarters of each year for claims filed during that same time frame. However, since many claims are not closed immediately, at any given time the City will be paying for claims filed months or years previous. Graph WC-5 below reports the amount of money paid out during three fourths of Fiscal Year 2005 for claims which were filed in previous years. The near $1 Million paid for Fiscal Year 2004 claims includes payment towards a few particularly severe claims~ 9 $1,000,000 1:J -; $800tOOO 0.. 2! $600,000 .!! $400,000 -0 C $2001000 $- Dollars Paid in Current Year for Prior Years' Claims Prior to FY2000 FY2001 FY2002 FY2003 FY2004 FY2000 Year of Claim Graph WC-5 TVDe or Accident Graph WC-6 shown next provides claims count data by the type of accident occurring during the first nine months of each of the recent fiscal years. Injuries due to burns have dropped significantly over the past several years while other accident types in general have remained fairly consistent from year to year. 1000 800 .... c: ::I o o 600 400 200 o FY01 Year-to-Date Claim Count by Type of Accident (Period Ended April 30) FY02 FY04 FY05 FY03 Graph WC-6 . Striking agains Ustepping on o Police apprehension . Foreign body in eye .Animal/lnsect Bite Cl Strain/l nju rj by . Strucklinju red by . Motor vehicles . AU Other . Falls/Slips . Cuts/Scrapes o Caught Between . Burns/scalds 10 ACCIDENT TYPES BY QUARTER --.. ".- --..--..................-.........-- - .-. ---- PERIOD ENDED APRIL 30 - .. - ......... ...~.""'-"""''''''''- ...-~.. .a .~ -- nt TVDe f1l1. fn1 EW EY04 ~ All Other 119 70 124 117 145 Animalllnsect Bite 37 32 40 50 37 Bums/scalds 61 46 15 14 11 Caught Between 17 17 13 15 26 C utl/Sc rapes 59 52 71 57 63 .~"""""" . Falls/Slips 128 119 98 118 105 ___ .n __,._~_._~ -~ Foreign body in eye 24 17 27 27 18 . .--.--. ..- -. Motor vehicles 28 13 41 40 33 Police apprehension 67 37 0 0 0 8tndnllnjury by 272 208 214 200 181 Strting against/stepping on 31 25 36 28 23 Strucklinjured by 96 266 94 136 98 939 902 773 802 740 Table WC-4 TVDe of Iniurv Graph WC-7 (Table WC..5) shown below gives claims counts by type of injury. Strain injuries are consistently the most frequent type of injury sustained from year to year. Other specific types of injuries show no definite pattern with regards to any increases or decreases in the number of such injuries sustained. Year-to-date Claims Count by Type of Injury (Period Ended April 30) 700 600 500 ~ 400 ::I 8 300 200 100 o FY01 FY02 FY04 FY05 FY03 Graph We-7 a Inflamation II Strain II Sprain II Puncture o Laceration o Foreign body . Contusion (bruise) II Burn II All other injuries 11 City of Corpus Christi Injury Code Report Period Ended April 30 TYDe of Injurv AU other injuries Burn C ontu sian (bru ise) Foreign body I n flam atia n Laceration Puncture Sprain Strai n FY01 FY02 256 158 11 13 109 187 28 21 17 62 59 74 29 23 96 86 334 278 939 902 Table WC-5 FY03 223 15 82 26 15 62 43 63 244 773 FY04 295 11 120 26 22 47 45 74 162 802 FY05 % Chanae 252 -14.580/0 9 -18.18% 92 .23.33% 26 0.00010 11 -50.00% 67 42.55% 40 -11 . 11 0/0 64 -13.51% 179 10.49% 740 Claims Activity The Claims Activity report is provided next in Table WC-6. This report records the actual business that occurred each month of the current fiscal year. It gives the nwnber of new claims filed during that month, the number of claims closed, the amount of dollars paid out and the amount of outstanding claims left at the end of each month. 12 'I") N rr'I t'f'"'I V"I tr} "ttN . I V) CIO r---. 0-. 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N ~ - 0- ~ ; ..,. 00'" 'fII!:t" 0'" -..0'" 00" t 0'1 r--- r- eo to-- 'f) 00 N l,f) r- N .... ~ '1,(')'" v'" "tt!:t'''' (I'J ~ r- t""') V) ~ 0- ~ '-0 o I"Q o \C ~ Vl - i ('1"I"=t 0"1 lr) M \0 a-., - r---O ~ r--- t" 0-. ~ N ........ 0"\ ("'I N", N tf) - 0 0", t: A t'f"'\n ! i;q (t5 ii ~ ~ """ ~ ~ :5- -~ ~l ""C -0 ~] U) ~~ ~"'" ~ ~ E c: 1:l oiij c: = c =' c"'O 6:2 = = c :::s U = U ::::I U :s ,- ::::s (.J = u 6~ 8JS o c 8~ 8&f 8s 8~ In u- U CD "'C 0 :::::Ii 0 U 0 ..,) ,5 N ~ V) 8 IiIA- VJ e ^ l:ID E * = 'a; -; ..., Vl :.a u ~" S E B 0.0 <3 i ~ .; .; I: Vl ^ U U :i.5 8- 0 f;I:l V,I S f.Il ~ 0.0 8] 0 ~ E e "a e c = ';j '; '0 (; 0 ;.a u~ C) '2 u u "'S U c.o 3~ .$0 c c:: c:::: ~ '~ ~ "C fJ':l ! ~ .eJ =' t;:jo ~ c ~ 0 [) c :::s c.J j~ W I:Q Z u.:l o .5 i M \C I U ~ Q.) ...... .c CII E- Le2islative UDdate In a previous report, staff indicated that the Texas Workers' Compensation Commission was under review in Legislature. According to "Folagram 113" published by Flahive, Odgen and Latson, a law firm out of Austin, Texas, Governor Perry signed a bill on June 1, 2005 which is the most comprehensive workers' compensation reform since the 1989 Act. This bill abolishes the TWCC and folds its functions into the Texas Department of Insurance (HTDI"). The newly fonned Workers' Compensation Division will be headed by a separate Commissioner appointed by the Governor for a two-year term. The Division will be created as of September 1, 2005 and TWCC will be abolished, with its functions, rules and policies transferred to the Division no later than February 28, 2006. Among other changes in the bill, the current voluntary networks will be abolished. Healthcare Networks will be certified by the Division after January 1, 2006 and employers/carriers may choose to participate in the networks or not participate. If an employer chooses to participate in a network, then employees must also use that network. Network treatment will be limited according to the treatment guidelines and protocols established by the network and the network will be responsible for selecting physicians. The network may also refuse to accept a physician if it determines that it has a sufficient number of qualified healthcare providers. The TWCC reform bill further repeals the Hazardous Employer program and abolishes the Medical Advisory Committee. Additionally, the state average weekly wage from September 1, 2005 through September 30,2006 will be set at $540 and will subsequently be set at 880/0 to 1000/0 ofa Texas Workforce Commission calculation. Another change with the new bill and division is that insurance carriers will be required to identify injuries requiring medical case management. Case managers will be used "as needed," and claims adjusters may not be used as case managers. Additional information regarding the newly adopted bill can be found at the Texas Workers' Compensation Commission website: www.twcc.state~tx.us. 14 GENERAL LIABILITIES GeRenl Information Graph GL-l and Table GL-I provide information on the types of claims filed under the City's self-insured General Liability during the first nine months of each of the current and past four fiscal years. Keeping in mind that claim classification standards were changed in Fiscal Year 2001, one sees that claims involving damage to vehicles remains the single most common type of claim filed against the City. These types of claims include not only vehicle accidents, but other situations such as when a person or property is damaged by falling objects, by potholes or by freshly laid tar. Property damage, the next most frequent type of liability claim, is usually general property damage, and utility cable damage. The nwnber of claims filed against the City for the first three quarters of Fiscal Year 2005 continues to improve over previous years. However, looking at Graph GL-3, one sees that the actual incurred costs this year are roughly the same as last year's claims for the same period. Types of Claims - Period Ended April 30 100 700 ~IOO !!soo (.) .... o~ ! 300 E i 200 100 o 2001 2002 2003 Fiscal Year 2004 2005 . PolidesIPracticesIContract IJ Pofice-related . Property Damage-re'ated .Vehicle Damage D Fire Department...-elated . Personallnjury-related D Employment-related . WaterN'Jaste damage-related . AU Other Graph GL-l CITY OF CORPUS CHRISTI GENERAL LIABILITY CLAIMS TYPES As of April 30 of Each Year 2001 2002 2003 2004 2005 Vehicle Damage 165 192 308 327 291 Property Damage-related 322 338 221 219 162 WaterNVaste damage-related 77 56 68 58 33 PoIice-related 52 14 25 37 31 Personal I njury.related 44 30 28 23 25 All Other 12 6 8 11 16 Policies/Practices/Contract 15 35 11 8 14 Employment-related 9 5 4 1 2 Fire Department.related 6 1 1 2 2 _ ...._.................r _____________ Total 702 677 674 686 576 Table GL..l 15 Claims bv Deoartment Graph GL-2 charts the claims count for the first half of each fiscal year for the various departments within the City~ Table GL-2 provides the same information in tabular form. In general, the City's various departments are having an improved year in regards to the number of liability claims filed against them. l f. bUlty ClaIms Count by Dep.rtment Period Ended April 30 800 700 :I 600 ii: . 500 E i o 400 '& J 300 E :I Z 200 100 o FY2001 FY2OO2 FY2OO3 FY2O(M FY2005 I_ Fn _Gal . P.n Mainten.nee . Police .s.nit.ltion . Storm Water as.....'_ .Wastew1lter .Water .AII ou,ers 1 Graph GL-2 GENERAL LIABILITY CLAIMS COUNT BY DEPARTMENT Period Ended April 30 Department FY2001 FY2002 FY2003 FY2004 FY2005 Police 142 127 113 140 120 All Other 91 107 83 85 87 Streets 137 120 99 107 64 Water 67 58 87 70 63 Sanitation 43 73 66 61 60 Wastewater 88 72 83 64 52 Gas 63 49 56 74 50 ~F ire _.~ .... ....- ........ 18 41 30 39 39 Park Maintenance 25 11 22 18 23 Storm Water 28 19 35 28 18 Total 702 677 674 686 576 Table GL-2 Graph GL-3, shown next, provides the incurred cost by department for claims filed during the first nine months of each year. The incurred costs for each of the reported departments are significantly different this year compared to previous years. This is particularly true for the Water and Police departments and well as the grouping labeled "All Otllers~" The Water department costs are predominantly associated with a couple of large cable damage claims. Within the "All Others" category the majority of the incurred costs are associated with claims filed against the Risk Management (for lawsuits related to the pre\'ious Health Plan administrator and life insurance) and Animal Control divisions. 16 Incurred Costs by Department Claims Flied, Period Ended April 30 $700,000 $300~OOO $600,000 .. $500,000 ." o o l :I U .E $400,000 $200,000 $100,000 $.. FY2001 FY2002 FY2003 FY2004 FY2005 II Fire _Water o Storm Water II Police II Gas _ All Others II Sanitation o Streets II Wastewater II Park Maintenance Graph GL-3 GENERAL LlABIUTY INCURRED COSTS ~.- BY DEPAK I ..eN' Period Ended April 30 Deparbnent FY2001 FY2002 FY2003 FY2004 FY200S Police $ 114,428 $ 56,542 $ 197,531 $ 369,820 $ 84,712 Streets 20.690 44,226 35,454 5.585 12,214 All Other 185,763 51,954 73,804 85,334 190,061 Gas 1 0,001 30,125 171932 14.819 26,799 Water 55,972 30.859 23,816 27 I 164 208.518 Wastewater 41 ,493 52,014 80,090 49t717 40,096 Sanitation 94,761 371767 48,616 22,807 17, 155 Fire - 16,573 8,274 9,419 11 ,850 Storm Water 2.944 3,474 36,691 6.727 17,274 Park Maintenance 77,291 291660 2.619 2, 1 B4 21,325 Total $ 603.342 $ 353t 195 $ 524.827 $ 593,576 $ 630tOO2 Table GL-3 Graph and Table GL-4 shown next give dollars paid out by department Within the "All Others" category, nearly all of the funds paid out (approximately $34,000) are associated with claims filed against Animal Control and Meter Reading~ Wastewater had three claims for which payments totaling approximately $34,000 were made. Two of these claims were associated with vehicle damage and the third was associated with a sewer backup claim.. 17 Gene ral Liabilities Dollars Pa Id Period Ended April 30 $400,000 $350.000 $300 1000 $250.000 I! " $200,000 =a Q $150,000 $100.000 $50,000 $- FY2001 FY2002 FY2003 FY2004 FY2005 f 0 F jre . Gas C Park Maintena nee . Police . Sanitation . Stann Water . Streets II Wastewater D Water . An Other I Graph GL-4 FISCAL YEAR LIABIUTY CLAIMS PAID COSTS BY DEPAn. I n..;" I Period Ended April 30 Department FY2001 FY2002 FY2003 FY2004 FY2005 Fire $ 8,288 $ 13.520 $ 6r729 $ 5,966 $ 2 J 1 00 Gas 5,960 19.962 16,079 4,922 8,259 Park Maintenance 87.666 9,629 932 1,984 10 f206 Police 72t968 36.847 161,539 58,074 23,179 Sanitation 89.102 17,697 29,667 15.486 9,096 Storm Water 2.686 3,474 33,244 4,137 9.211 Streets 11,310 24.540 151567 5,535 10,313 Wastewater 19 J 750 45.818 59,555 24,527 39,094 Water 37,087 14,387 20.487 5,454 20,836 All Other 12.477 21,215 18.880 45.868 40,886 T olal $ 327.294 $ 207t090 $ 362,678 $ 171,952 $ 173.181 Table GL-4 Effect of Claims Maturation Graph GL-5 charts the dollars paid during Fiscal 2005 for claims filed in previous years. During the first three quarters of the current year, significant dollars have been spent on law suits filed against the Police department. Some of these dollars have been associated with settlements while others are strictly expenses. 18 Dollars Paid in Current Year for Prey lous Years. Claims (As of April 30, 200S) $800,000 $700,000 $100,000 f! $100,000 .!! $400,000 8 $300,000 $200.000 $100,000 $- -m--:_-==E---- ---: Thru FY01 FY02 FY03 FY04 . Fire . Sanitation . Water . Gas o Storm Water . AU Other . Park Maintenance o Streets . Police . Wastewater Graph GL-6 City Vehicle Accidents Table GL-S documents the number of accidents by city vehicles from month to month for Fiscal Year 2004 and 2005. "Preventable Accidents" are defined as those events in which the driver fails to do everything reasonable to avoid or prevent the accident. CITY VEHICLE ACCIDENTS Fiscal Year 2004 Fiscal Year 2005 Number Number of Number of Number of Number of of Number of Montb Accidents NClts* Preventables Accidents NCI's* Preventables August 39 0 19 36 6 13 September 28 3 9 32 5 11 October 35 0 21 25 8 10 November 22 2 5 29 2 12 December 23 5 9 26 2 10 January 16 1 8 29 1 11 February 28 3 15 21 1 8 March 29 2 16 23 3 11 April 26 4 13 35 6 13 May 23 2 6 June 26 2 14 July 22 3 10 317 27 145 256 34 99 *"NCI" = Non-classifiable Incident Table GL-5 19 Conclusion The City's Risk Management division works closely with the Workers' Compensation Third Party Administrator to monitor and manage claims filed for on-the-job injwies. Case management and cost containment efforts, along with targeted safety training efforts work towards mitigating both the expense and duration of injuries. At the same time, every effort is made to ensure that employees recover as quickly as possible and return to some level of work at the first opportunity. Risk Management is acutely aware of its responsibility to enhance the safety of the work environment and improve employees' skills in working safely. Towards that end, Risk Management has recently completed its Second Annual Safety Workshop. The Workshop, held on June 15th at the American Bank Plaza, brought 22 speakers from 13 organizations to educate City employees from many departments on safety issues. A copy of the Workshop's brochure is attached to this report and shows that topics presented ranged from personal protective equipment to ergonomics. In addition to the various speakers, safety awards were presented during lunch. Five employees were recognized for their superior safety commitment and two departments (Water and Stormwater) were recognized for their implementation of innovative safety programs. Attendance at the Workshop was nearly 130 employees from across the City (compared to 50 last year) and many of the sessions counted towards Skill-based Pay credentials for the employees. Finally, on June 14, 2005 Mayor Henry Garrett presented a Proclamation declaring June as National Safety Month to the City's Risk Manager. 20 lmr The City of Corpus Christi 2nd Annual Safety Workshop Proactive Approaches To Safety Excellence W'tIY/5.,2005 d~93anJ,~~ 101-106 ~ ~ City of Corpus Ch fist! ZOI3 _1,t Generallnterest :~,!!~;;",~; ,~~.:: . I ~.. I I I . ~. :. r.' .;. ::;. . : .: . .' ~ : .;.t.:=~: . r :.:.' ;:!::~~..: ~~',~: :~,: ~ ~.::' ., ~~ 8:30 - 8:45am 9:00- 9:50am 10:00- lO:50am 11 :00- 11:50am 12:00- 1 :OOpm 1 :15- 1:50pm 2 : 00- 2:50pm 3: 00"'" 3:50pm Transportation Leadership General Opening . . "City Driving Rules" Vehide Accident Review Board F.A. Richard &. Associates Corrie Chapman Ron Jongema V ARB Chairperson Lunch Provided by McGriff, Seibels & Williams of Texas Inc. . . 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I :~ .~ Q) c.. -0 15 0 L- a.. 0- a.. . 0 . ~ o o N o ~ ~ (j) c: c: Q) .Q E I · (j) E Q) 0 ::Jt) a 29 '-'-~'--''''III[II' CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Provide an update on the design, implementation and evaluation of the Wireless Fidelity (WiFi) and Automated Meter Reading (AMR) pilot projects. PRESENTER(S): Name 1. Ogilvie Gericke 2. Leonard Scott Title/Position Director Business Unit Manager Department MIS MIS ISSUE: The City contracted with Public Technology, Inc~ (PTI) to provide consulting services for the design, implementation and evaluation of automated meter reading and wireless broadband network pilot projects~ Council awarded contracts to Tropos Networks, Inc.. for installation of the wireless broadband network and Northrop Grumman Commercial Information Services/Hexagram (NGCIS) for installation of the pilot automated meter reading solution. Installation of the pilot wireless broadband network has been completed and the automated meter reading pilot project is being finalized. The City is also successfully involved in the development and testing of 'proof of concepts' projects with Intel and other partners utilizing the wireless broadband network. A business plan is needed to give structure to this partnership and consideration should be given during July I August 2005 to formalize a business plan and proceed with citywide deployment of the wireless broadband network. BACKGROUND: Numerous issues are facing the City's meter reading activity today. First, the existing manual meter reading system is expensive and does not support good customer service~ Secondly t legislation requires individual metering for multi-family dwellings, apartments and trailer parks. Thirdly, the City's aging meter infrastructure is being considered for a significant upgrade. It was therefore prudent to evaluate if an Automated Meter Reading solution may be more cost efficient when compared to the current manual system~ Public Technology, Inc~ was hired to perform this evaluation and the analysis indicated that Automated Meter Reading should be considered a viable alternative. REQUIRED COUNCIL ACTION: No action required at this time. A proposed business plan and contracts for the deployment of the citywide wireless broadband network will be presented to Council during July I August 2005 for consideration. o~F..~. Ogilvie F. Gericke, P.E~ (Inactive), Director of Information Systems II cu - cu - .- ~1j ......... . ~ re ._ A. );g -..A. --a CD ..,c I! -a Ie ilia E .s :s C 1ft E CIJ ... 1;;CIJ ~g' C C o fa ._ z: 1a1J E GI ... .~ 02 ~D. ..... I ....w 0.... a..~ ~i. ClJaJ ...CR ._ fa Qe .. ftI .~ .::!: ~ ~c fa;:) c U) ....U) ......,GJ . C W -- .In a..::::S .....a:I ~.. u~ .- 0 ~ i. U aJaJU) ...."'-a c CIJ I. CIJ.- fa V) .2: c aJ.- 0 ... 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Q.J .., G.J ~ a- S..., ftll- ~:5 en c B .- E V) C fa a.. l- I. cu .., G.J :I: ..., <<I)-- laC ~:) IIIJ t 11 J .., .- c :) c o .- ..., u CD - - o U n:s .., n:s Q ::Il 30 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 05-06 Internal Service, Special Revenue and Debt Service Funds STAFF PRESENTER(S): ---f4ame Oscar Martinez Eddie Houlihan Title/Position DeDartment Assistant City Manager-Administrative Services Assistant Budget Director REQUIRED COUNCIL ACTION: No formal action is required at this time~ First and second readings on budget Adoption are scheduled for July 19th and July 26th respectively. ie Houlihan Assistant Budget Director Power Point Presentation X Exhibits 0