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HomeMy WebLinkAboutAgenda Packet City Council - 01/24/2006 CITY COUNCIL AGENDA JANUARY 24, 2006 Corpus Christi All-Alllerica CiIV 11 :45 A.M. - Proclamation declaring the week of January 30 - February 5,2006 as "Metro Ministries Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 24, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportun;ty 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 pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Rector Ned Bowersox, Episcopal Church of the Good Shepherd. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro T em Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia 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: (NONE) Agenda Regular Council Meeting January 24, 2006 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) 1 . Motion approving a supply agreement with the Performance Food Group, of Victoria, Texas in accordance with the Coastal Bend Council of Govemments Bid Invitation No. CBCOG-06-3 for paper goods, for an estimated six month expenditure of $25,541.59. The term of the contract 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 supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2005-2006. (Attachment # 1) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 24, 2006 Page 3 2 Motion approving a supply agreement with Hill Country Dairies, of Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-2 for 152,000 half-pint containers of low fat milk, based on low bid for an estimated twelve month expenditure of $29,640. The term of the contract shall be for twelve months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2005-2006. (Attachment # 2) 3.a. Resolution appointing Dr. Colette Simon, M.D. as the alternate local Health Authority and authorizing the City Manager or his designee to execute a compensation agreement with Dr. Simon for the protection of the public health, safety, and welfare. (Attachment # 3) 3.b. Ordinance appropriating $10,000 in the No. 1020 Fund to compensate Dr. Colette Simon, MD., forthe provision of services as the alternate local Health Authority as provided under the terms of a Professional Services Agreement; amending the FY2005-2006 annual budget adopted by Ordinance No. 026385 by increasing appropriations by $10,000. (Attachment # 3) 4. Resolution expressing official intent to reimburse costs of the Packery Channel Improvement Project. (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute Amendment No.2 to the Contract for Professional Services with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $76,020.84 for a total re-stated fee of $61 0,436.84 for the Greenwood Drive, Phase 1, from Gollihar to South Padre Island Drive Project. (BOND ISSUE 2004) (Attachment # 5) 6.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with Shaws Development Joint Venture, developer of Northwest Crossing Subdivision Units 5 and 6 located west of Rand Morgan Road and south of Leopard Street for the installation of 513 linear feet of off-site 15-inch sanitary sewer collection line. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) t t Agenda Regular Council Meeting January 24, 2006 Page 4 6.b. Ordinance appropriating $70,740.88 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay Shaws Development Joint Venture for the installation of 513 linear feet of off-site 15-inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, to develop Northwest Crossing Subdivision Units 5 and 6. (Attachment # 6) 7.a. Ordinance repealing Ordinance No. 026423 adopted on August 30, 2005, and reappropriating $47,146.28 to the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 from the Developer reimbursement request for the installation of 640 linear feet of a 12 inch PVC water grid main to develop Lot 1 of Brighton Park Baptist Church. (Attachment # 7) 7.b. Ordinance repealing Ordinance No. 026424 adopted on August 30,2005, and reappropriating $10,635.41 to the Distribution Main Trust Fund No. 209020-4030 from the Developer reimbursement request for the installation of 384 linear feet of an 8-inch PVC water distribution main to develop Lot 1 of Brighton Park Baptist Church. (Attachment # 7) 7.c. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Staples Development, LLC, owner and developer of Manhattan Estates Units 1 and 2, located west of Airline Road and south of Brooke Road for the installation of 1595 linear feet of a 12-inch PVC water grid main. (Attachment # 7) 7.d. Ordinance appropriating $133,358.59 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the developer reimbursement request for the installation of 1595 linear feet of a 12-inch PVC water grid main to develop Manhattan Estates Units 1 and 2. (Attachment # 7) 7.e. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Staples Development LLC, owner and developer of Manhattan Estates Units 1 and 2, located west of Airline Road and south of Brooke Road for the installation of 410 linear feet of a 8-inch PVC water distribution main. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting January 24, 2006 Page 5 7.f. Ordinance appropriating $12,695.75 from the Distribution Mains Trust Fund No. 209020-4030 to pay the developer reimbursement request for the installation of 410 linear feet of a 8-inch PVC water distribution main to close the gap on Brooke Road. (Attachment # 7) I. PRESENTATIONS: Public comment will not be solicited on Presentation items. 8. Tall Ships Visit to the City, Richard Durham and John LaRue (No Attachment) 9. Crime Control and Prevention District Quarterly Project Update (Attachment # 9) 10. Corpus Christi Convention and Visitor's Bureau Quarterly Presentation (Attachment # 10) J. PUBLIC HEARINGS: 11.a. Public hearing to consider amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and expand the Master Channel 27 drainage basin to 1,137 acres for a 100 year design. (Tabled 12/20/05) (Attachment # 11) 11.b. First Reading Ordinance - Amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi, Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin. (Tabled 12/20/05) (Attachment # 11) ZONING CASES: (NONE) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting January 24, 2006 Page 6 K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 12. Motion authorizing the City Manager or his designee to execute Amendment NO.2 to the Contract for Professional Services with Maverick Engineering, of Corpus Christi, Texas in the amount of $412,603 for a total re-stated fee of $1 ,846,514 for the CimaITon Boulevard Street Improvement Project: (Attachment # 12) * Phase 1 - from Saratoga to Yorktown * Phase 2 - from Yorktown to Sison For additional design work on Phase 1 (BOND ISSUE 2004) 13. Motion authorizing the City Manager or his designee to execute a depository contract with Frost Sank to provide depository services for City funds. (Attachment # 13) 14.a. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission. (Attachment # 14) 14.b. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting. (Attachment # 14) L. APPEAL: 15. Consideration of an appeal by Raymond Garcia, Jr., regarding a decision of the Civil Service Board. (No Attachment) Executive session under Texas Government Code, Section 551.074 regarding an appeal by Raymond Garcia, Jr., concerning a decision by the Civil Service Board, with possible discussion and action related thereto in open session. 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 LIMIT PRESENTATIONS TO THREE MINUTES. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting January 24, 2006 Page 7 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 se dirige a la junta y cree que su ingles es Iimitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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 elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 16. Executive session under Texas Government Code Section 551.071 regarding In re: Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States Bankruptcy court, Northern District of Illinois, Eastern Division, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 24, 2006 Page 8 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 concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 17, CITY MANAGER'S REPORT * Upcoming Items 18. MAYOR'S UPDATE 19. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ;): ,3 J p.m., January 20,2006. (~ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at Www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with the Performance Food Group, Victoria, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-3 for paper goods for an estimated six month expenditure of$25,541.59. The term ofthe contract 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 supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY05-06. BACKGROUND: Purpose: These paper goods will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christ~ Aransas Council on Aging, Duval County, Bee Community Action Agency, Community Action Corporation of South Texas (CACOST), Kleberg County Human Services, Nueces County Senior Community Services, and Refugio County Elderly Services. Award Basis: Low Bid Funding: Senior Community Services ENP 520070-1067-810806 MOW 520070-1067-810506 $20,944.10 4,597.49 Total: $25,541.59 COUNCIL OF GOVERNMENTS - PAPER GOODS Senior Community Services Date: 1/18/06 Bid Tabulation: CBCOG-06-03 ~..__..._...~ PFG LABATT BEN E. KEITH Victoria, TX Corpus Christi, TX San Antonio, TX ITEM QUANTITY UNIT COST TOTAL COST TOTAL COST TOTAL PER COST PER COST PER COST CASE CASE CASE 1 Aprons - Regular Poly Aprons 28x46 1 cs 23.90 $23.90 32.81 $32.81 51.29 $51.29 2 Foil Tray - 3 Compo Divd RCL 750 or equal 609 cs 28.99 $17,654.91 55.63 $33,878.67 62.45 $38,032.05 3 Hair Nets - Lg Dark Brown 2 cs 14.89 $29.78 NB NB 18.07 $36.14 4 Paper Napkin Dispenser 17x17 1 ply 4 fold 78 cs 28.00 $2,184.00 38.49 $3,002.22 38.38 $2,993.64 5 Styrofoam Tray - 6 camp. divd 210 cs 26.90 $5,649.00 40.99 $8,607.90 38.10 $8,001.54 Awarded T atal $25,541.59 2 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Hill Country Dairies, Corpus Christ~ Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-2 for 152,000 half- pint containers o flow fat milk, based on low bid for an estimated twelve month expenditure of$29,640. Thetermof the contract shall be for twelve months with an option to extend for up to three additional months, subject to the approval ofthe Coastal Bend Council of Govemments, the supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY05-06. BACKGROUND: Purpose: The milk will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christ~ Aransas Council on Aging, Duval County, Bee Community Action Agency, Community Action Corporation of South Texas (CACOST), Kleberg County Human Services, Nueces County Senior Community Services, and Refugio County Elderly Services. Award Basis: Low Bid Funding: Senior Community Services ENP 520070-1067-810806 MOW 520070-1067-810506 $24,304.80 5.335.20 Total: $29,640.00 COASTAL BEND COUNCIL OF GOVERNMENTS - MILK Senior Community Services Date 1/18/06 Bid Invitation No: CBCOG-06-2 Buyer: Gina Sanchez HILL COUNTRY BORDEN PRODUCT EST. UNIT UNIT TOTAL UNIT TOTAL QTY. PRICE PRICE PRICE PRICE 1/2 pints Low Fat - 2% 152,000 each $ 0.1950 $ 29,640.00 0.1965 $ 29.868.00 $ 29,640.00 Award Total 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1-24-06 AGENDA ITEM: A A Resolution appointing Dr. Colette Simon as the Alternate Local Health Authority and authorizing the City Manager or his designee to execute a compensation agreement with Dr. Simon for the protection of the public health, safety, and welfare B An Ordinance appropriating $10,000 in the No 1020 fund to compensate Dr. Colette Simon, M D, for the provision of services as the Alternate Local Health Authority as provided under the terms of a professional services agreement; amending the FY2005-2006 annual budget adopted by Ordinance 026385 by increasing appropriations by $10,000; and declaring an emergency. ISSUE: An Alternate Local Health Authority is necessary to provide services on behalf of the Department of Public Health for the protection of the public health, safety and welfare in the absence of the Local Health Authority. REQUIRED COUNCIL ACTION: Council Action is required to authorize the City Manager to appoint an Alternate Local Health Authority and execute a Compensation Agreement for the protection of the public health, safety and welfare PRIOR COUNCIL ACTION: Council approved Dr. Burgin as the Local Health Authority on December 14,2004. FUNDING: General Fund CONCLUSION AND RECOMMENDATION: Staff recommends that City Council pass an Ordinance authorizing the City Manager to appoint a Alternate Local Health Authority and execute a Compensation Agreement for the protection of the public health, safety and welfare. ~~~l!.~ Assistant City Manager A RESOLUTION APPOINTING DR. COLETTE SIMON AS THE ALTERNATE LOCAL HEALTH AUTHORITY AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A COMPENSATION AGREEMENT WITH DR. SIMON FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND WELFARE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council appoints Dr. Colette Simon as the alternate local Health Authority, as a designee for Dr. William Burgin, Jr., M. D., in accordance with Section 121.0331 of the Texas Health and Safety Code, and authorizes the City Manager or his designee to execute a compensation agreement with Dr. Simon for the protection of the public health, safety, and welfare. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: January 18, 2006 Elizab R. Hundley Assistant City Attorney for the City Attorney / V/I/n/ EHres174.doc Corpus Christi, Texas ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott AN ORDINANCE APPROPRIATING $10,000 IN THE NO. 1020 FUND TO COMPENSATE DR. COLETTE SIMON, M.D., FOR THE PROVISION OF SERVICES AS THE ALTERNATE LOCAL HEALTH AUTHORITY AS PROVIDED UNDER THE TERMS OF A PROFESSIONAL SERVICES AGREEMENT; AMENDING THE FY200S-2006 ANNUAL BUDGET ADOPTED BY ORDINANCE 026385 BY INCREASING APPROPRIATIONS BY $10,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An appropriation is made, in the amount of $10,000, in the No. 1020 Fund, to compensate Dr. Colette Simon, M. D., for the provision of services as the alternate local Health Authority, as provided under the terms of a Professional Services Agreement. SECTION 2. The FY 2005-2006 annual budget adopted by Ordinance #026385 is amended to increase appropriations by $10,000. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: January 18, 2006 EHord184 doc Corpus Christi, Texas day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/24/06 AGENDA ITEM: Resolution expressing official intent to reimburse costs ofPackery Channel Improvement Projects. ISSUE: The City of Corpus Christi expects to pay expenditures in connection with the design, planning, acquisition and construction of certain projects relating to Packery Channel improvements in an aggregate amount not to exceed $400,000.00. Exhibit "A" of the Resolution lists the projects by category. REQUIRED COUNCIL ACTION: Approve a Resolution expressing official intent to reimburse costs of certain projects. PREVIOUS COUNCIL ACTION: · Resolution 026460 dated September 13, 2005, expressing official intent to reimburse costs of the Packery Channel Improvement Project in the amount of $500,000.00. FUTURE COUNCIL ACTION: It is anticipated that during the spring of2006, the City will sell Certificates of Obligation bonds to fund these Packery Channel improvement projects in addition to the required maintenance reserve. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution expressing official intent to reimburse costs of certain projects relating to improvements at Packery Channel. 0?O~ Cindy O'Brien Director of Financial Services Attachment: Resolution RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE P ACKERY CHANNEL IMPROVEMENTS PROJECT WHEREAS, the City of Corpus Christi, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas: WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations either by the City or by the North Padre Island Development Corporation ("NPIDC"), a non-profit corporation created by the City to act on behalf of the City to finance Project improvements, WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and NPIDC and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City, or NPIDC acting on behalf of the City, reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $ 400,000.00 for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City, or NPIDC on behalf of the City, in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in servIce. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Attest: Armando Chapa, City Secretary HENRY GARRETT, MAYOR CITY OF CORPUS CHRISTI APPROVED THIS THE 19th DAY OF JANUARY, 2006: \, BV~~~ Lisa Aguilar, Assis ity Attorney for City Attorney CORPUS CHRISTL TEXAS DAY OF ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott Exhibit "AP The projects consist of 1 Parking lot expenses 2. ADA ramp at Seawall steps 3 Bathroom design and construction 4, Lighting foundation and poles 5, Lighting fixtures 6. Transformers and miscellaneous electrical panels 7 Engineering and Design relating to these projects 5 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: January 24,2006 SUBJECT: Greenwood Drive, Phase 1, from Golliharto SPID Project (Project No. 6277) BOND ISSUE 2004 PROJECT AMENDMENT NO.2 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No.2 to the Contract For Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $76,020.84, for a total re-stated fee of $61 0,436.84, for the Greenwood Drive, Phase 1, from Gollihar to SPID Project. ISSUE: The proposed Amendment NO.2 consists of an extension of a proposed 8-inch effluent force main beyond South Padre Island Drive; design for bus turn-outs in coordination with the Corpus Christi Regional Transit Authority (R.T.A.); and incorporating that design into the street improvement bid documents. The fee exceeds the minimum contract amount of $25,000; and requires Council action. FUNDING: Funding is available from the FY 2004-2005 Capital Improvement Budget. taft recommends approval of the motion as presented. y ~rov r ~tW A I R. Escobar, P.E. Irector of Engineering Services !J 'P6 ~---~ :'~~ ~:C:-~/~,Io~ Foster Crowell, .,/ I If. Director of Wastewater ~Ional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:IUSERS2IHOMElVELMAP\GENISTREET\6277 GREENWOOD DRIVEICONSUL TANT\AMENDMENT NO 2\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Greenwood Drive, Phase 1, from Gollihar to SPID Project (Project No. 6277) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1 November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2 November 9. 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2,2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). :3 March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 4 Mav 31, 2005 - Ordinance appropriating $298,809 from the unappropriated miscellaneous revenues from Water CIP Fund 4080; and appropriating and approving the transfer of $298,809 from Water CIP Fund 4080 into Street CIP Fund 3530 for the Greenwood Drive, Phase 1 Street Improvement Project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $597,618; and declaring an emergency (Ordinance No. 026284). 5 Mav 31. 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $534,416 for the Greenwood Drive, Phase 1. from Golliharto SPID Project (Motion No. M2005-174 ). ,..~ L PRIOR ADMINISTRA liVE ACTION: 1 AUQust 26. 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). March 25. 2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). April 13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). December 1, 2005 - Administrative approval of Amendment NO.1 to the Contract For Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $0 for the Greenwood Drive, Phase 1, from Gollihar to SPID Project. 3 4 FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PROJECT BACKGROUND: On Tuesday, November 2,2004, 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 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. EXHIBIT "A" Pa e 1 of 3 f- USERS2\HOME\VELMAPIGEN\STREET\6277 GREENWOOD DRIVEICONSUL TANT\AGENDA BACKGROUND The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan 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. In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the early stages of the design phase: (1) More detailed and standardized Subsurface Utility Engineering to include Hydro-excavation to determine precise locations and utility classifications of public and private utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. (2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs/upgrades prior to the street reconstruction. (3) Land acquisition. On critical projects, land acquisition is proceeding ahead of the project design and being coordinated with the platting process. This allows dedications in lieu of purchase of ROWand easements and avoids future delays and costs for Utility relocations and/or street reconstruction. PROJECT DESCRIPTION: The proposed project consists of the following improvements: Phase 1 from Gollihar to SPIO - Greenwood Drive is a major north-south arterial that provides the west side area of the City with the main access to S.P.I.D. and other major east-west arterials. In the early-to-mid 1990's, improvements were made to the roadway south of S. P .1. D., this project continues improvements northerly from S. P .1. D. The improvements will include the complete reconstruction of the existing pavement; removal and replacement of selected curb and gutter and sidewalk, ADA curb ramps, lane striping and pavement markings, water and wastewater improvements, supplemental underground storm water system, traffic signal system improvements, and new street lighting. AMENDMENT NO.2: Amendment NO.2 proposes to expand the Basic Services and Additional Services. Basic Services - Basic Services shall be modified to include additional Design Phase Services, Bid Phase Services, and Construction Phase Services as follows: · An extension of the proposed 8-inch effluent force main beyond South Padre Island Drive (S.P.I.D.). · Develop a design for bus turn-outs in coordination with the Corpus Christi Regional Transit Authority (R.T.A.) and incorporating that design into the street improvement bid documents. EXHIBIT "A" Pa e 2 of 3 H\USERS2IHOMElVELMAP\GENISTREE1\6277 GREENWOOD DRIVEICONSUL TANT'AGENDA BACKGROUND Additional Services - Additional Services shall be modified to include additional Topographic Survey, Construction Observation Services, Hydro-Excavation, and Televising Existing Storm Water Lines as follows: Topooraphic Survey · Provide additional topographic surveying along Greenwood Drive south of S.P.I.D. as required to establish 8-inch effluent force main plan and profile alignment, identify potential utility conflicts, locate tie-in location for construction, and baselines for traffic controls. Construction Observation Services · Provide additional construction observation services for the Regional Transportation Authority (R. T.A.) Bus turn-outs and extension of the water force main. · Provide additional construction observation services for the 8-inch effluent force main extension. Hvdro-Excavation · Hydro-excavate six (6) to seven (7) locations for the existing 8-inch effluent force main to establish subsurface utilities at Level "A" to extend effluent force main construction drawings and specifications approximately 400-feet south of S.P.ID. · Meet with representatives of the City of Corpus Christi Wastewater Department to review findings. Televisino Existino Storm Water Lines · Televise the existing RCP storm water trunk between Sycamore Street and Trojan Drive to assess existing condition and viability of continued utilization (approximately 1 ,400 liner feet of pipe ranging in diameter from 36-inch to 42-inch). · Review televising data and recommend option to either replace the existing storm water trunk line or install a new trunk line parallel to the existing trunk. · Meet with representatives of the City Traffic Division, Storm Water, and Engineering Services to develop traffic control plans for approximately six (6) CCTV setups, and discuss Storm Water findings and recommendations. Funds for the street portion of the proposed Amendment NO.2 is available from the RTA's contribution to the City. The RT A's Street Program specifies the funds shall be utilized for design and construction fees of bus-related improvements. A Contract Summary and fee is attached as Exhibit "B". FINAL PRODUCT: Design, Bid and Construction services will result in street improvements including compliance with ADA requirements along Greenwood Drive, Phase 1, from Gollihar Road to beyond South Padre Island Drive (SPID). "1 .USERS2\HOME\VEL.MAP\GEN\STREET\6277 GREENWOOD DRIVE\CONSULTANTlAGENDA BACKGROUND CONTRACT SUMMARY AMENDMENT NO.2 1 SCOPE OF PROJECT BASIC SERVICES - Basic Services shall be modified to expand the Basic Services to include the following: · An extension of the proposed 8-inch effluent force main beyond South Padre Island Drive (S.P.I.D.) . Develop a design for bus turn-outs in coordination with the Corpus Christi Regional Transit Authority (R T .A.) and incorporating that design into the street improvement bid documents. ADDITIONAL SERVICES - Additional Services shall be modified to expand the Additional Services to include the following: ITEM NO.2 TOPOGRAPHIC SURVEY · Provide additional topographic surveying along Greenwood Drive south of S.P.I.D. as required to establish 8-inch effluent force main plan and profile alignment, identify potential utility conflicts, locate tie-in location for construction, and baselines for traffic controls. ITEM NO.4 CONSTRUCTION OBSERVATION SERVICES . Provide additional construction observation services for the Regional Transportation Authority (RT.A.) Bus turn-outs and extension of the water force main. . Provide additional construction observation services for the 8-inch effluent force main extension. ITEM NO.6 HYDRO-EXCAVATION · Hydro-excavate six (6) to seven (7) locations for the existing 8-inch effluent force main to establish subsurface utilities at Level "A" to extend effluent force main construction drawings and specifications approximately 400-feet south of S.P.I.D. · Meet with representatives of the City of Corpus Christi Wastewater Department to review findings. ITEM NO.7 TELEVISING EXISTING STORM WATER LINES · Televise the existing RCP storm water trunk between Sycamore Street and Trojan Drive to assess existing condition and viability of continued utilization (approximately 1,400 liner feet of pipe ranging in diameter from 36-inch to 42-inch). · Review televising data and recommend option to either replace the existing storm water trunk line or install a new trunk line parallel to the existing trunk. · Meet with representatives of the City Traffic Division, Storm Water, and Engineering Services to develop traffic control plans for approximately six (6) CCTV setups, and discuss Storm Water findings and recommendations. EXHIBIT "B" Page 1 of 2 H.\lJSERS2\HOMElVELMAPlGENISTREETl6277 GREENWOOD DRIVEICONSUL TANTlCONTRACT SUMMARY 2 SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. SUMMARY OF FEES r- ..- -- Storm i Street Water Wastewater Total Water BASIC SERVICES 1 Preliminary Phase $0.00 $0.00 $0.00 $0.00 $0.00 2. Design Phase 10,132.98 7,983.44 0.00 7,111.00 25,227.42 3. Bid Phase 1,320.46 0.00 0.00 0.00 1,320.46 ._. 4. Construction Phase , 1 ,4 78.22 0.00 0.00 1,478.22 2,956.44 -. I ---. ~ Subtotal Basic Services Fees -+ 12,931.66 7,983.44 0.00 8,589.22 29,504.32 -..- ---- --. --+--.----- Additional Services 1. Permitting (Authorized) 0.00 0.00 0.00 0.00 0.00 .2 Topographic Survey (Authorized) 0.00 0.00 0.00 5,252.80 5,252.80 - -_.----- 3 Environmental Issues ...-+-- 0.00 0.00 0.00 0.00 0.00 . .... --,_.._- - 4. Construction Observation Services I 3,755.76 0.00 0.00 3,755.76 7,511.52 5. Warranty Phase .------+ 0.00 0.00 0.00 0.00 0.00 6. Hvdro-Excavation I 0.00 0.00 0.00 18,633.28 18,633.28 .. . 7 Televising Existing Storm Water , 0.00 15,118.92 0.00 0.00 15,118.92 t Lines ! .. ,Subtotal Additional Services Fees ..--4- 3,755.76 15,118.92 0.00 27,641.84 46,516.52 t)'otal Authorized Fee -=== 1_ $16,687.42 $23,102.36 $0.00 $36,231.06 $76,020.84 ----..- EXHIBIT "B" Page 2 of 2 H \IJSERS2IHOMEWFLMAPIGEN\STREET\6277 GREENWOOD DRIVEICONSUL TANT\CONTRACT SUMMARY f;le ,MproJect \councilexhlblts \exh6211.awg <r LL C Z <r ~-, : . _/>,~ iS0,y ~/ /1.s>~, e'nr: e /,,/\1. 'f'J.... 90 / "',f / 'Z : \'i \ ,JI , ..}" lJJ .J ", c., 'f'ifilcR ~Jr r' , ' !, , : /' , , I I ) r <(t....~I;-l\ ~~~-~~/;.l./ z . Z < - ct!t o,~ "'=1:2 ' ""'" ....l <r: z'''' ~ ..J....J ' '--' <r: <r: 0 <10 - ,- , (.1::: > >-\, , I . '-. 8) f>/ ~/ I.(j AYj 0/ / \ \.... :v,':~::", VICINITY MAP PROJECT # 6277 NOT TO SCALE EXHIBIT "C" GREENWOOD DR, PHASE 1, FROM GOLLIHAR TO SPID CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01-05-2006 ~ -- - - - - - --- 6 AGENDA MEMORANDUM January 24, 2006 AGENDA ITEM: a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with Shaws Development Joint Venture, developer of Northwest Crossing Subdivision Units 5 and 6 located west of Rand Morgan Road and south of Leopard Street for the installation of 513 linear feet of off-site 15-inch sanitary sewer collection line; and b. Ordinance appropriating $70,740.88 from the Sanitary Sevver Collection Line Trust Fund No. 4220-250420 to pay Shaws Development Joint Venture for the installation of 513 linear feet of off-site 15-inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Northwest Crossing Subdivision Units 5 and 6; and declaring an emergency. ISSUE: Shaws Development Joint Venture, developer of Northwest Crossing Units 5 & 6, will start the installation of 513 linear feet of off-site sanitary sewer collection line once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for said installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ICP evelopment Services Attachments: Exhibit A Exhibit B Exhibit B-1 Exhibit C Exhibit D Exhibit E Background Information Location Map Sanitary Sewer Collection Line Exhibit Map Application for Sevver Line Reimbursement Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMA noN BACKGROUND: The development of Northwest Crossing Subdivision Units 5 and 6 (See Exhibit B- Location Map) requires the off-site extension of a 15-inch sanitary sewer collection line. The off- site sanitary sewer collection line extends to the south approximately 513 linear feet from the preliminary plat boundary and connects to the proposed Northwest Crossing Lift Station (See Exhibit B-1- Off-Site Sanitary Sewer). The 15-inch sanitary sewer collection line will be constructed as part of the Northwest Crossing Lift Station and Force Main project. The Northwest Crossing Lift Station and Force main project was approved in a Trust Fund Agreement passed by Council April 12, 2005, Ordinance No. 026205. The expansion of the Northwest Crossing Subdivision with Units 5 and 6 exceeds the capacity of the temporary lift station serving Units 1,2,3 and 4 now flowing to the McNorton sanitary sewer gravity system. The new units will be served by the new northwest Crossing Master Lift Station now under construction. The expansion of the Northwest Crossing Subdivision with Units 5 and 6 exceeds the capacity of the temporary lift station serving Units 1, 2, 3, and 4 now flowing to the McNorton sanitary sewer gravity system. The new units will be served by the new Northwest Crossing Master Uft Station now under construction. The 15-inch sanitary sewer colledion line is required to provide sanitary sewer service to Northwest Crossing Subdivision Units 1, 2, 3, and 4 and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The developer has submitted application for sewer line reimbursement and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Sewer line Reimbursement is attached (see Exhibit C- Sewer Line Reimbursement Application). In accordance with the reimbursement criteria in the Platting Ordinance, the developer of Northwest Crossing Subdivision Units 1, 2, 3, and 4 is eligible for a maximum reimbursement equivalent to 50% of the mathematical produd obtained by multiplying the off-site pipe diameter in inches by the fee value of the property. The acreage fees paid total $79,993.00. The average pipe diameter in inches IS 15-inches. Therefore, the maximum reimbursement is ($79,993.00 x 15) x 50% = $599,947.50. The total construction cost submitted by the developer for the installation of 513 linear feet of 1 fr.inch sanitary sewer collection line is $70,740.88 (see Exhibit D - Cost Estimate). This does not exceed the maximum reimbursement and the Developer will be reimbursed for 100% of the construction cost. Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work with the actual reimbursement not to exceed $70,740.88. II EXHIBIT A II %K~~<r~ ~~ffi1mffiffi II ," ~ ~ = "J - kl?"i 11 ~AriW~: " ci ~r -1 I I 1 ~'---Jfl1i:. I ~ ~ -J:t~~111 - ~~- ~~ - .... r...c t:q,.:- J r-J )01- P 9lJ -.bj -;::..::::: ./.i.J.. :.J.. ?' ,... ~~ J it:; "<...j............ =:~ ~ ~ L I ~ ~ L1fl STATlmJ SERVICE AREA BOUNDRY --, " ~" ~ i--, p~ ~ ~ t= ~ ~ t= ~ i--, r-- f- ~ '-~ <- DEVELOPER FUNDED :: ~;= GRAVITY SANITARY == f- SEWER LINE -~ == \r=f- l; ~ i= ~~c&JAN~MAlN ~ 1-1 PROPOSED~ 1 LIFT STATION I FUTURE- --------' 18" GRAVITY liNE (NOT THIS CONTRACT) ~ \ i::; Is:; 'I fj,,/,\ "-- BM EL=60.34 ~,....- \.--' (l'~ H / So 4XISTING ~ ACCESS ROAD z <{ -' o er:: o 2 r- I" / '> ~ '-q:: I- r= ~r ~)lll ~.J. r= ;:::;;;: .... ~ l- ~ N.T.S. Sanitary Sewer Colection Mail Reidusement for Northwest Crossilg Off-Site 15- Gravity Lila ~~ ~ \ ....---BM EL=61.84 EXISTING TEMPORARY LIFT STATION EXISTING FORCE MAIN TO BE ABANDONED I~ .~ I I III II \ I~ = ~~.~ /TfIll 111\ \\~~ o z <{ a::: I Exhibit B II Page 1 of 1 o 2006 by Urban Engineering /.IIURBA~ ENGINEERING '-.: CORPUS CHRIS11. TEXAS ./ ~.o. _... 00lIPUS -n. 1PM 7a... ... 'jQB(-~o:-a'o' 404A~' DATE: 1/03JO~ BY:~ EXHIBIT B N co o 5 ~cr (D ~~ 'I ~. I o ~- l&.I Z :J z I~ ~ N In~L~~ _;~~' ,011 t--- ,L 1 e Itr/i5>- , !?~~ .~l ~i~ I .'\,~ x co" I ~ II: -__ 21-. _....~.._..JVO~ JIZNJ>Ofj . II) - > I I '\; '\'? x I q;e I I =r--~r ..t ,.(j., 'r '. I I .c...~ )( 'Q'\, ~, " N ", ~ ~ ~ "" ~ I 0 , ~ ~ b ~ ',bv~~... I N IS: "';~~~~' in " O'J:~~~, , .~ - -- J... ,rf' GO + C> ~ \ " , ./A~ Zi' It") 8 N ~~g ~--1 ...... j; ~~II ~ !~~I ~l;)u..1 .'"Go, x I '\,<0 I I ~ I I I I I I .~x o,c::, .c..'!>>< <0" ~ (I) I it o - .c,.'!> x ~ - i~ I! ffi~ 2~ Ie [3 Oz 8:~ ~~ 1: 1 'b\.J ';.jd 81:U:~ <;OQZJ<;ll1:t '1J9IHX~ SQ-Sl-n '6Mp'l1IIlHX3 ~NIl AJJI\ltlI9 S' ~ o 'I- .., C Q) E CD (I) ~CD ::J.... ~.- Eel) .- I 0)--- a:Oa> c .s: o::J ase:: :E.- >- (I).., (I) .- co> o.....as tiDe; jR 1;) · (5 CD 10 o ~,... ~s:::. 0)1:: ~O ~Z o to It . ~ ... as .., .- c as en ~ ... 1; I Exhibit B-1 ~ ;pa(nJd\:s Page 1 of 1 APPLICATION FOR SEWER LINE REIMBURSEMENT l. John Wallace, owner and developer of proposed Northwest Crossing Subdivision, hereby request reimbursement of $ 70,740.88 for the installation of the sewer (collection) line in conjunction with Northwest Crossing Subdivision, as provided for by City Ordinance No. 17396. Said $ 70,740.88 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. J /1/D0 (Date) / ! ./ THE STATE OF TEXAS 0 COUNTY OF NUECES 0 This instrument was acknowledged before me on D I IIi . , 2006 by ~ 0 l~ LUaJ ~Ct. Ul- , ;: "'~'~, fl::"c,~ t ~.,~.. ..#,,,, ) tS~.. ..{~~ : l\~* .~~! 1 ! ~';~~:.\~~"~ SUSAN G. TANNY Notary Public, State of Texas My Commission Expires June 18, 2008 s u s.o..... b .1 ~~<1 Notary Public in and for Nueces unty, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collectiontrrunk Line Trust Fund (b) appropriation and approval by the City Council I f~' (Date ' D. t r of Engineering ( ity Engineer) I Exhibit C ] Page 1 of 1 Eng: Murray F Hudson COST ESTIMATE OFF-SITE SANITARY SEWER COLLECTION MAIN A T NORTHWEST CROSSING Dec. 15,2005 Job No. 20404.A4.05 ITEM DESCRIPTION QUAN. A. SANITARY SEWER IMPROVEMENTS: 1 2 3 4 ~_..- .15" P\l(~ (~8'-20' Cut) OSHA Trench Protection -- ~---_.._..~- -- 5' Diameter Manhole --------_._-~- 5' Diameter Drop Manhole QUAN. + ! UNIT j 50~ ' . UNIT -~_._--- PRICE 513 513 1 1 1 i 539 1 LF 539 i LF 11 EA 1 l EA .~~ - SANITARY SEWER SUB-TOTAL: CONTINGENCIES @ 1: 10%: ENGINEERING FEE @7 .5%: ---00-' --..--T-..--------- --- $85.00 $10.00 $9,000.00 $9,500.00 . Maximu m allowabl~.!.eif!1Eurs~mentper_<?~inarl.~_. 50% of the mathmatical product between the properties fee value and the line size in inches. ,O.:50x 79 ,993~ 00x)_~=$5.99 ,9_~_.50 _:>:$ 70)40.88-=-- r , Therefore off-site collection main is fully reimbuis~!>I<<:. -l= --t -t- .---+-- I ------+-- rProperty Fee Value lNorthwest Crossjng~~ool!racn3Iock-( L(;t 1 - ! Northwest Crossing Unit 1 - .. .. J __ iNorthwest Crossing. Unit 1 :siocf:3.. ~ots-J 6-30 <==_ 'Northwest Crossing Unit 2 - _~Northwest Crossing lJ..!lit 3.=. _,.,,~rtt:!..~e~ Cr~~!rlJ~lJnit 4 - - ---t I $ 20,815.00 I j- ------- i. $.....1.8,720.00 ~ $ 3,690.00 i $ 12,192.00 j... - i _~ !2,192.00 $ 12,384.00 !9JA~:j $ 79,~~.Of!.J I L-_ --+- Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 TOTAL _.------- COST $45,815.00 $5,390.00 $9,000.00 $9,500.00 $60,205.00 $6,020.50 $4,515.38 70,740.88 I Exhibit 0 I Page 1 of 1 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Shaws Development Joint Venture ("Developer"), of 101 N. Shoreline, Suite 600, Corpus Christi, TX 78401. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop several tracts of land, totaling approximately 61.087 acres called Northwest Crossing Subdivision Units 1,2,3, and 4 located west of Rand Morgan Rd. and south of Leopard Street, as shown on the attached Exhibit 1. WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is in the interest of the City and the Developer for the 15-inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and per the plans and specifications approved by the City Engineer. I Exhibit E Page 1 of 5 2 PLANS AND SPECIFICATIONS A The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the offsite Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design (I) OFFSITE SANITARY SEWER COLLECTION LINE I. Install 513 linear feet of 15-inch PVC collection line. II. Install 513 linear feet of OSHA Trench Protection. iii. Install one (1) 5-foot diameter manhole. IV. Install one (1) 5-foot diameter drop manhole. B. Before the Developer starts construction, the plans and specifications for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to the start of construction of the Sanitary Sewer Collection Line, the Developer shall acquire and dedicate to the City any required additional street right-of-way or utility easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Sanitary Sewer Collection Line, under the approved plans and specifications, by January 31,2007. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $70,740.88 of the offsite Sanitary Sewer Collection Line within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Sanitary Sewer Collection Line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the Sanitary Sewer Collection Line. Page 2 of 5 7. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("Indemnitees") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Collection Line construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. Page 3 of 5 EXECUTED IN DUPLICATE originals, this -:,\~ day of i""",':J DEVELOPER: By: ,2006. / / 1 01 N. Shoreline, Suite 600 Corpus Christi, Tx 78401 THE STATE OF TEXAS COUNTY OF NUECES \ This instrument was acknowledged before me on ~t'\.Vo."V1 S rd ...:Jo\,.Y\ v..::o,\\C\c. ~ Shaws Develo m Joint Ventur .'\~~~'-' ~~".'.."t'''' !~.' ..i~ '\~.. "'~f -'~.';ij\\.}.$ """fI'~ XAVIER GALVAN Notary Public. State of Texas My Commission Expires FebfuOlY 01 . 2009 , 2006, by Page 4 of 5 ATTEST THE CITY OF CORPUS CHRISTI By: Armando Chapa City Secretary George K. Noe City Manager Approved as to form only Jo.f\\)(\-'(~ \q ,2006 ~~ilL a Smith Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1 2006, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 5 of 5 E6~~~6illillHB ~.~~~ = ~ ~~ ~ ~ ~fZZZn~~ q, 1 _~ r 1 ///~~,~1'1 I _ ~ :'._ ~ - '-.j:..( Cl:l:i...~ J h- ~~ t;: ~([J> 1i~ ~ )~:ti~ ::~ ~~ ~ l~ I I 1'01 Ii II I' ~ JFI STATION ~;ERVICE AREA BOUNDRY -, " K E P1? ~ ~ f- '\ t: L- v- 8M EL=61.84 DEVELOPER FUNDED = r- ,--;:.<i I=r:: i~1 f- GRAVITY SANITARY ;:: ~f= _:~~l l=r:: EXISTING SEWER LlNE-, t: ~ V-TEMPORARY \ ~ \~ 2:--: .... LIFT STATION .~ 1= 1/ Of ..:stl t. SANITARY ~ SEWER cou.ECTION MAIN ..... H ___ PROPOSED~ 1 LIFT STATION ! FUTURE : \ 8" GRAVITT LINE \ (NOT THIS CONTRACT! \ \ \\ t:: I- :'::5 ~ EXISTING FORCE MAIN ~ TO BE ABANDONED i"-- 8M EL=60.34 -\ 'T r=.r. -: 1-:-:' rt~.~ /- '~'o , <( 4XISTING ~ ACCFSS ROAD z <( f--- l.? 0::: o L I. I~ I I III II IIW I L.r.ta ~;rrITTIIIIIRe ~ N.T.S. o z <( 0::: II Exhibit 1 II Page 1 of 1 Sanitary Sewer Conection Mail Reinbll"sement for Northwest Crossilg Off-Site 15- Gravity Line o 2006 by Urban Engineering /'-IIURBA-N ENGINEERING \..:: CORPUS CHRISTI. TEXAS ~ ~(H~ ~~.,.~=-= JOB NO. 2Q.40~ DATE: 1/03/06 BY: /UFH . . ..... z :J z I~ . If) - Hi ~ ,,-' I III v ~~ (D ~~ ~ .1..'" K (\. .~K I <t? I c..'" K \,'- I I , ~ " Q ~ lL: d ~ " · I 0 , ~ ~ _M '-? ',b,t~_~~ I 6: "~~~~' ~ " t~~~, " .~, - - _..ILiI '/ fh""'" ~ co o o ~--- Jl,.~"~ t ':'}\~'; I---~ = ...~. .011 r----;- .LA~ ~ IIi t:--I ~~II !~tjl D.lil~1 .~" I 1..~ I I ~ I I ~" I <f> I I I I I I .c"o," I ~.... .... o 'I- ...., c CD E CD tI) ....CD ::J...., J:2 -- Eel) -- I CD 'I- a:OG> c c -- -- C)..J as&:: ~-~ (I)..... (I)-- co> o....as :gOt!; .!I? 1;;. (5 CD IC) o ~oy- ,-.I: CD 1:: ~o ~Z ~ I .<;.0," I .......... it ~ " ,: -' to iU~ J i ~;!~ \1 (/) ,..w~"~..o='m.~~~:.._~~:~:J Exhibit 2 1_ Page 1 of 1 .~ K q,\. I 1 ">" \.~ :i ':i x :;.," I I .c"CO x ~ co + o \ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. <<the question is not applicable, answer with "NA ". FIRM NAME: Shaws Deve/oDment Joint Venture ("Deve/ooer") STREET: 101 N Shoreline, Suite 600 CITY: Comus Christi FIRM is: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 5. Other 0 ZIP: 78401 4. Association 0 DISCLOSURE QUESTIONS << 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 Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm fl. Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name N/ A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting :r'h or more of the ownership in the above named "firm fl. Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name N/A Consultant CERTIFICA TE I certlly that all information provided is true and correct as of the date 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. Certifying Person: Title: Authorized ReDresentative Signature of Certifying Person: Date: I Exhibit 3 I Page 1 of 1 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an Independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, Industrial or commercial and whether established to produce or deal with a product or servke, Including but not limited to, entities operated In the form of sole proprietorship, as seff-employed person, partnership, corporation, joint stock company, Joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-prom organizations. d. "Offlcial". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable Interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructlvely held" refers to holding or control established through voting trusts, proxies or special terms of ventureoor partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AN ORDINANCE APPROPRIATING $70,740.88 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220-250420 TO PAY SHAWS DEVELOPMENT JOINT VENTURE, FOR THE INSTALLATION OF 513 LINEAR FEET OF OFF-SITE 15-INCH SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO DEVELOP NORTHWEST CROSSING SUBDIVISION UNITS 5 AND 6; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $70,740.88 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 is appropriated to pay Shaws Development Joint Venture's (Developer) reimbursement request for the installation of 513 linear feet of off-site 15-inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Northwest Crossing Subdivision Units 5 and 6. 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 24th day of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED January 17, 2005. By: ct. ~~ a~. Smith Assistant City Attorney For City Attorney Ord-appr-ss-collection- Northwest Crossing Corpus Christi , Texas day of ,2006 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: IM/e, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Ord-appr-ss-collection- Northwest Crossing 7 AGENDA MEMORANDUM January 24, 2006 AGENDA ITEM: a Ordinance repealing Ordinance 026423 adopted on August 30, 2005, and reappropriating $47,146.28 to the Arterial Transmission & Grid Main Trust Fund No. 209010-4030 from the Developer reimbursement request for the installation of 640 linear feet of a 12 inch PVC water grid main to develop Lot 1 of Brighton Park Baptist Church; and declaring an emergency. b Ordinance repealing Ordinance 026424 adopted on August 30, 2005, and reappropriating $10,635.41 to the Distribution Main Trust Fund No. 209020-4030 from the Developer reimbursement request for the installation of 384 tinear feet of an B-inch PVC water distribution main to develop Lot 1 of Brighton Park Baptist Church; and declaring an emergency. c Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Staples Development, LLC, owner and developer of Manhattan Estates Units 1 and 2, located west of Airline Road and south of Brooke Road for the instalalion of 1595 linear feet of a 12-inch PVC water grid main; and d Ordinance appropriating $133,358.59 from the Arter1al Transmission & Grid Main Trust Fund No. 209010-4030 to pay the Staples Development, LLC reimbursement request for the instaIation of 1595 tinear feet of a 12-inch PVC water grid main to develop Manhattan Estates Units 1 and 2; and declaring an emergency. e Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Staples Development, LLC, owner and developer of Manhattan Estates Unils 1 and 2, located west of Airline Road and south of Brooke Road for the instalation of 410 linear feet of a B-inch PVC water distribution main; and Ordinance appropriating $12,695.75 from the Distribution Mains Trust Fund No. 209020-4030 to pay the Staples Development, LLC reimbursement request for the instaIaIion of 41 0 linear feet of a 8-inch PVC water distribution main to close an existing gap on Brooke Road; and declaring an emergency. ISSUE: (A)Brighton Park Baptist Church, owner and Developer of Lot 1 of Brighton Park Baptist Church agreed to the Installation of 640 linear feet of a 12-inch PVC water grid main and 384 linear feet of an 8-inch PVC water distribution main as part of their platting requirements. Brighton Park Baptist Church <id not begin the required construction because the bids for the watertine construction were higher than the fuming appropriated for the construction. The Developer for Manhattan Estates Units 1 and 2 needs to connect to the waterlines that Brighton Park Baptist Church is required to install. The Developer volunteered to complete the construction required of Brighton Park Baptist Church to meet the required waterline construction for Units 1 and 2 The funds appropriated for the waterline construction that Brighton Park Baptist Church is required to complete will be reappropriated to the Trust Fund. (B)Staples Development LLC, owner and Developer of Manhattan Estates Units 1 and 2 will start the instaHation of 1595 linear feet of a 12-inch PVC water grid main, once the City Council approves the Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for said installation from the Merial Transmission and Grid Main Trust Fund in compiance wih the Platling Ordinance. Additionaly, the OeIIeIoper wi! start the i~ation of 41 0 linear feet of an 8-inch PVC water cistribution main, once the City Council approves the Disbibution Main Extension Construdion and Reimbursement Agreement and appropriates funds to pay for said instalation from the Distribution Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motions and ordinances as presented. Attachments: Exhibit A Exhibit B, B-1 Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Background Information Location Map Grid Waterline and Distribution Waterline Exhibit Application for Waterline Reimbursement Cost Estimate Transmission and Grid Main Construction and Reimbursement Agreement Distribution Main Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: (A) The development and platting of Lot 1 of Brighton Park Baptist Church (Exhibit B) required the developer to construct public improvements including the extension of a 12-inch water grid main along Airline Road and an 8-inch water distribution main along Brooke Road. Council approved Ordinance No. 026423 on August 30, 2005. The ordinance appropriated $47,146.28 from the Arterial Transmission and Grid Main Trust Fund to the developer, for the installation of 640 linear feet of 12-inch PVC water grid main. In addition, Ordinance No. 026424 was approved on August 30, 2005. This ordinance appropriated $10,635.41 from the Distribution Main Trust Fund to pay the developer for the installation of 384 linear feet of 8-inch PVC water distribution main. The developer received 4 bids for the project, but they all exceeded the original estimate due to increased PVC material costs and availability resulting from the impacts of hurricanes Katrina and Rita. The City denied the Developer's request for an amendment to increase the reimbursement agreements. The Developer for Manhattan Estates Units 1 and 2 is required to install the section of waterline immediately to the south of the waterline construction required of Brighton Park Baptist Church and volunteered to complete the construction required of Brighton Park Baptist Church to meet the required waterline construction for Units 1 and 2. The funds appropriated for the waterline construction by Brighton Park Baptist Church will be reappropriated to the Trust Fund. The Developer for Manhattan Estates Units 1 and 2 submitted a request for waterline reimbursement and will be reimbursed for the construction when it is completed and accepted by the City. (B)The development and platting of Manhattan Estates Units 1 and 2 (Exhibit B-1) required a total extension of 1595 linear feet of 12-inch PVC water grid main along the west side of Airline Rd. beginning at Brooke Road and crossing Airline Road extending south of Wall St. (Exhibit C). The 12-lnch water grid main is required by the City's 1997 Water Distribution System Master Plan along Airline Road and is eligible for reimbursement as a water grid main in ~ Exhibit A II 10f2 accordance with the Platting Ordinance. The Developer submitted a Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The application for water line reimbursement is attached (Exhibit D). The total construction cost submitted by the developer for the installation of 1595 linear feet of 12-inch PVC water grid main is $ 133,358.59 (Exhibit E). Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $ 133,358.59. In addition, the development and platting of Manhattan Estates Units 1 and 2 required the off-site extension of 410 linear feet of 8-inch PVC water distribution main along the north side of Brooke Road to close an existing gap. This begins at the existing 8-inch waterline previously installed by others and is located approximately 250 feet east of Airline Road, extending to the east approximately 410 linear feet to an existing 8-inch waterline (Exhibit C) The 8-inch water distribution main is required to connect an existing gap between two dead end water mains and is consistent with the City's Distribution System Standards and Fire Suppression Rating Schedule. The 8-inch water main is eligible for reimbursement as an off-site water distribution main extension to eliminate two dead-end line segments. The 410 linear foot gap in the existing 8-inch waterline resulted from a previous agreement with the developer on the north side of Brooke Road in exchange for a needed tract of land dedication. The developer has submitted a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit G) and supporting documentation in compliance with provisions of the Platting Ordinance. The application for water line reimbursement is attached (Exhibit D). The total construction cost submitted by the developer for the installation of 41 0 linear feet of 8-inch PVC water distribution main is $12,695.75 (see Exhibit E). Reimbursement would be payable upon completion and acceptance of the water distribution main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $12,695.75. I Exhibit A I 20f2 '- (~-' ~ ~';-" IdeM ,/ . PcII1<" ", '~ ~;-~ I "',,_ $/ / ".~ k' (tN "< -, ~ov-ooC Part '~ ~ 'f~'S ,>- Ct, I '. ~ ""-.. ---.. g ~" 0---.. .,..~~~i ri!~ -,r- ~ :-<: ~ '--- c: ~ _ -',':j c;;f c: ~S:: '__'. ~ -"':'" ~,,-~ .r} _ i:t:~;;;:;?:---.. " " ~._4...I\I~ "._ "'''l' "'0"' .~~~: 00:.,/'" '~- c:. ~ ,- /;,. 'e' !~ :' C 5:" C :Sl ~ ~"i:;' /r~/-~" " --.:::.; :_ _ Iv "- , i ./. -....." ---.. ---.' '50 ~, ,~. c; ~I}: ~~' '4'Q . !;~, ~oo Glen ~'(t "'---.. ~c/ u~~CCI"'';':< "NboI'"'~'O ~ c , ('<' o rip, . $ '----. ',COe "6 '" ---.. Pari< ,(tv/. { ~Of;''')'' ~ ~~ J' ~ ~ ($-~I ~ '>,~--';' , ~'" " ,/ " '" ... ~,!; '" ~ ,--~ > ;:'s" :.,.~~,y: (- /' t " c" ~,-f ~, ',L ~,,:;r &, 'Ie I'IV" ~,........ :f- ' c.~ :-:;.,..5' ~>t.1()1\,......~ --..........: v;y _____/ - ~z Co J. ~I> -, (j 0"''T~~ ^ 'ftJ'~' ' )'-/ ~ '----. ,~. '",- ,Cl'. _. ('i: "---... ~"~. '- " !;i1f"",'~~ ,,; ! 8 d .. . Q ~ 5f: ' D(; C ~'r"' . ~> 0" D;yc --""". ' {-II"---"~." ~DCE: / ". l"I'vG 6: IC",", t--. ~<r ''-, "r..;" ,8' ,(;A----..,".,o d c ~E:r ';'.::>-- c.~-'r ~('l' .; );/;S;:(;h IOCE: I..., / f:'17~ "Ill; l[1: <I-;L.'GJ'-. ,$ 9;)' "Q ~..(. "....... , <)., ,,,~,} '--..., (' ~ ~ '---.. ~ c~ ~.; --'''Sc, ~YYu. ~ '(;, ~ ChrWtl.a Spohn ~, HoepItaI ~ "'''l ".::: k P BehcrAoraI Ho8pftal ,-. ~..,. ~..., Ii..,'o G", Surwhine ,,~;' '-,: "'''lS ('0 ...~/vC , /~V0'-----. 7. ' fl, ~IV '-----.;/5 . ',l-- .i( ", .3.> .AI ,;:- c' / ~ "'_ II! S /-, it-- \ <t ~. ,/'!< ~ VC: f~ \- $ ~~/<~ 6'('C C,\\' Q. /"-i " , ~v;J.... I"" ~i<j<=~~ IV'. \.....IV;"; C ~C/", " ~ F/~' \! k/ C: <c...+:: c5 1;::- c."'S;:;--; ~ "-.. ",," .:::~, ,?';.7~.;>..;>.~'v('> ~ ~I '" '-;t"" S0: c. r~ '" '/ 0' NY'" ,(,- 0...-''::: ~,v ,~ '---.. C (~~:7' b. .::: CI QI'; '" {}' ~~""" C ~ ~, ~~. O:~ B' nghton Park Ba . ptist Church, ~, " Manhattan E states Units ~----'-----.. !' Q <' E Q:C: Location M ap ; 40006,00.00 II Exhibit B Ii I Page 1 of '! ' L IPES r BlVD I I C; > --l OJ MASiER CHANN(l 31 Brighton Part< Baptist cttun:h ~ \ \ % -... ,<0- <--,....:::~ ~-<-~ ~ ~"c-. ~ ! <.:-- / I 1 MASiER CHANNEL 31 LDC~,T ION MAP Manhattan Estates Units 1 and 2 MANHATT AN EST ,6.TES, U r"J!T = i Exhibit B-1 ~ paQ.€ 1 of 1 I- I I i I \ 10 410 LF of 8-inch PVC \Vater Distribution Mal EXISTIt<<i 12'PVC ~ [XlSTIt<<i fIRE HYDRANT \......J ~ \ Brighton Park Baptist Church /~:~e~~~~ l~~~:h PVC MANHATTAN ESTATES UNlT _ LEGEND ,--- 8 \ \ o ~ -6- ~ Exist Fire Hyd. VaNe. Prop. Fire Hyd. I L.. \ ----'\ 9 \ MANHATTAN UNIT LDC2,TION MAP l' = 200' t---...---- Manhattan Estates Units 1 and 2 Waterline 12-inch Water Grid Main Reimbursement 8-inch Water Distribution Main Reimbursement BASS AND IIELSH ENG J NETR 1 NG CORPUS CHRISll, TX COMP. NO. [XB-WTR ..AlE NO, Q.HlS7 SCALD AS SHJ\IN PLOT SCALE' l' '" eoo' I PLOT DAT[, 1/0,4/06 I SHEET 1 or 1 Exhibit C Page 1 of 1 APPLICATION FOR WATER LINE REIMBURSEMENT I, Alex Azali, president of Staples Development, LLC, and developer of proposed Manhattan Estates Units 1 & 2 Subdivision, hereby request reimbursement of $146,054.34 for the installation of the water grid and distribution mains in conjunction with said Subdivision as provided for by City Ordinance No, 17092. Said $146,054,34 is the construction cost, including 7,5 % Engineering, as shown by the cost of supporting documents attached herewith, ~-lxt-X! { -{& - ~ Developer Date THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on (\/0 '" i ~ _, by Alex Azali. ~ "...'~Wt"'" PEGGY LANE ~ ':-r:::,~*""".('" -. . - Notary Public, State of Texas {l;.'. ~~i) My c;;r~~~~~i~~~;Plres l ~ ,dOO(P ,20_ Nota CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. ,... Itfl ~ I fil/u 6 Director of Engineering Services (City Engineer) (Date) 04057-Appl. Water Line Reimbursement Form - I Exhibit 0 I Page 1 of 1 Cost EstifiiF-cOST ESTIMATE 04057-MANHATIAN ESTATES UNITS] AND 2 111712006 Manhattan Estates SHEET I OF I UNITS 1 AND 2 W A. TIi'.R I ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT WATER ITEMS 1, 12" PVC Pipe 1595 LF 45.10 $ 71,934.50 2, 12" lee I) EA A"7'" nn . -2,376;()Q 3. 12" Gate Valve with Box 4 EA 1,900.00 7,600.00 4. 12" Cap Tapped for 2" 1 EA 320.00 320.00 5, 12" Bend (El), Any Angle, 01 6 EA 480.00 2,880.00 6, Fire Hvdrant Assembly 3 EA 2,900.00 8,700.00 7, Tie to existing line 3 EA 1,800.00 5,400.00 8, 6" 900 EL, 01 3 EA 290.00 870.00 9. 6" Gate Valve with Box 3 EA 625.00 1,875.00 10, Pavement Patching 1 LS 6,000.00 6,000.00 11. Traffic Control During Construction 1 LS 6,050.00 6,050.00 12. 6" PVC Pipe (Nipples) 25 LF 20.00 500.00 13. 24" Steel Casina, bored under structure 20 LF 350.00 7,000.00 14. 12" 01 Pipe (Deflection Crossing) 30 LF 85.00 2,550.00 SUB-TOTAL $ 124,054.50 7.5% ENGINEERING $ 9,304.09 -- I TOTAL WATER GRID MAIN CON$TR,Y~Tlg:i ~I~ .ta1~~fi8..59 '. 15. 8"PVC PIPE 410 LF 26.00 10,660.00 16. 8" Bend 01, Any Angle 1 EA 400.00 400.00 17. 8" Gate Valve with Box 1 EA 750.00 750.00 SUB-TOTAL 11,810.00 7.5% ENGINEERING 885.75 TOTAL WATER DISTRIBUTION MAIN CONSTRUCTION 12,695.75 -- I PROJECT TOTA $ 146,054.34 -"-~, Exhibit E Page 1 of 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Staples Development, L.L.c., a Texas Limited Liability Corporation, P. O. Box 8155, Corpus Christi, Texas 78468 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 36.407 acres called Manhattan Estates Units 1 and 2 located on the west side of Airline Road, south of Brooke Road, as shown in the attached Exhibit 1; WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of a 12-inch PVc arterial transmission grid main in order for Manhattan Estates Units 1 and 2 to have water service; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 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 a 12-inch PVC arterial transmission and grid main; WHEREAS, it is essential that the 12-inch PVC arterial transmission and grid main be constructed along Airline Road, in connection with Manhattan Estates, Units 1 and 2 for it will provide future service connection to the north and south of Manhattan Estates Units 1 and 2; 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 the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC arterial transmission and grid main needed for Manhattan Estates Units 1 and 2 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 1 of 5 II Exhibit F II 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, as shown in Exhibit 2, with the following basic design: (1) Install 1595 linear feet of 12-inch PVc transmission/grid main. (2) Install 5 (Five) 12-inch Tee. (3) Install 4 (four) 12-inch Gate Valve and Box. (4) Install 1 (One) 12-inch Cap Tapped for 2-inch. (5) Install 6 (six) 12-inch Bend (EL), Any Angle, DI. (6) Install 3 (three) Fire Hydrant Assembly Complete In-place. (7) Install 3 (three) Tie to Existing Line (8) Install 3 (three) 6-inch 90 Degree EL, DI. (9) Install 3 (three) 6-inch Gate Valve and Box, (10) Install Pavement Patching. (11) Traffic Control During Construction (12) Install 25 linear feet of 6-inch PVC Pipe (Nipples). (13) Install 20 linear feet of 24-inch Steel Casing Bored under Structure (14) Install 30 linear feet of 12-inch DI Pipe (Deflection Crossing) The transmission/grid main will be constructed along the east side of Airline Road from the existing 12-inch water line previously installed by others and extend approximately 620 feet along Airline Road and then extending 120 feet at an angle, crossing over to the west side of Airline Road. From the crossing, the 12-inch water grid main will extend approximately 855 feet along Airline Road and will end approximately 120 feet beyond the south right-of- way line of Wall S1. b The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications, c Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services. 20f5 3, SITE IMPROVEMENTS Prior to construction of the 12-inch PVC arterial transmission and grid main, the Developer shall acquire and dedicate to the City the required utility easement or right-of- way for the installation of the 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 CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inch arterial transmission and grid main, in accordance with the approved plans and specifications, by January 31,2007. 6, REIMBURSEMENT. a The City will reimburse the Developer 100% of the cost of the 12-inch PVC arterial transmission and grid main, not to exceed $133,358.59 within 30 days upon invoicing by the Developer, if the work has been completed, 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 7.5% of the costs of construction of the 12-inch water grid main. 7. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 12-inch PVC arterial transmission and grid main construction. 8.. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disdosure of Ownership interests form attached hereto as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution, 30f5 EXECUTED IN DUPLICATE originals, this day of ,2006, ATTEST CITY OF CORPUS CHRISTI By: George K. Noe, City Manager Armando Chapa, City Secretary APPROVED: \ q 1b day of jo..Y\ \JC\. '{ L\ , ,2006 By: ltfL; mith, Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUEcES This instrument was acknowledged before me on 1 2006, 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 4of5 DEVELOPER: By: Staples Development LLC PO Box 8155 Corpus Christi, Texas 78468 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on f\.v.. J >Ofl(j l~, 2006, by Mr. Ata Ollah Azali. ~ ~~~;r.:~r!;~,... j.l \<"'~ \~}. ...~J ~',::,~::~~~~~~ PEGGY LANE Notary Public: State of Texas My CommlsslOfl ElqJlres April 27. 2008 _ 5 of 5 \. IP[~ J' o (l( (l( C[ X u BL VD,! V \ Brighton Park Baptist Church -"" ~ <,:r~~ ~"':~~ .,i"',,~ /{;: \ - \/.... \~ \, ...,..... \~ '\-< \ '.c \\ <::: > \..., \'::. , / , ! ~ -' ""'(R CH'NN(L~ MAS1Ek CHANNEL 31 LDCp,Tlor\-.j [\11 /\ p' ,'In Manhattan Estates Units 1 and 2 (?ROOKE RL : tv1 A r\J H fiTT jl, N ~ c: T P T ~ c. lJ i'J ~ ~ r, i........._' 1_ '.. <..-_ \ \ t . \U ~ SL0U6H ROAn ~ (l( ~ Exhibit 1 1 Page 1 of 1 \- i 10 8" PVC \ \ I ~ EXISTING 8' pve I EXISTlt<<i li?"PVC ~ EX J STI t<<> rJ RC HYDRo1IlNT \, '\ ',--< 410 LF of 8-inch PVC 'Vater Distribution Mal ~ \ Brighton Park Baptist Church /~:;e~~;:dl;;~~b PVC I I i I \ I MANHATTAN ESTATES UN1T 2 LEGEND 8 o ~ -& ~. Exist Fire Hyd. VlWte- Prop. Fire Hyd. '7 MANHATTAN UNIT LO[L,TION MAP I' : 200' Manhattan Estates Units 1 and 2 Waterline 12-inch Water Grid Main Reimbursement 8-inch Water Distribution Main Reimbursement I I II Exhibit 2 1 I Page 1 of 1 ! , i ! t BASS AND WELSH ENGINEERiNG CORPUS CHRISTI, TX CDMF. NO. EXB-VTR ..JOE tfJ. 04057 SCALE, AS SHOWN I PLOT SCAL E' 1" : cOO' I,PLOT DATE, I/O"/OE SH([l 1 or. 1 ~,.:,,"~; ~Iii CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, 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 "NAn. FIRM NAME Staples Development. L.L.C. STREET: P.O. Box 8155 FIRM is: 1, Corporation 5 Other 'j 2 Partnership CITY: Corpus Christi 3. Sole Owner ZIP: 78468 4. Association _ 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 Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "linn". Name Job Title and City Department (if known) NONE 2. state the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "finn". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "linn". Name Board, Commission or Committee NONE 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "linn". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date 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, Certifying Person: Ata Ollah Azali Title President (Type or Print) ~ Date: t - 18 - ob II Exhibi~3 . .II., Signature of Certifying Person: DEFINITIONS a "Board Member", A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas, b "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor, c "Firm", Any entity operated for economic ~ain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d "Official", The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. .Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. 'Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUEcES This Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, P,O. Box 9277, Corpus Christi, Texas, 78469-9277, and Staples Development, L.L.C., a Texas Limited Liability Corporation, P. O. Box 8155, Corpus Christi, Texas 78468 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 36.407 acres called Manhattan Estates Units 1 and 2 located on the west side of Airline Road, south of Brooke Road, as shown in the attached Exhibit 1: WHEREAS, the extension of the 8-inch PVC distribution water main is necessary for the existing waterline along Brooke Road to meet the Water Distribution System Standards; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of an 8-inch PVc distribution main extension: WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of an 8-inch distribution main extension; WHEREAS, it is essential that the 8-inch PVC distribution main extension be constructed along Brooke Road in connection with the development of Manhattan Estates Units 1 and 2 to dose an existing gap on the 8-inch water lines previously installed by others to meet Water Distribution System Standards; WHEREAS, it is to the best interest of the City and the Developer for the 8-inch PVc distribution main extension to be constructed to the size and in accordance with Water Distribution System Standards; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 8-inch PVC distribution main extension as part of infrastructure improvements for Manhattan Estates Units 1 and 2 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer, ~ .. II ExhIbit G 1 of 5 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 8-inch PVC distribution main extension, as shown in Exhibit 2, with the following basic design: (1) Install 410 linear feet of 8-inch PVC distribution main. (2) Install 1 (one) 8" Gate Valve and Box. (3) Install1 (one) 8-inch Bend DI Any Angle. The distribution main will be constructed along the north side of Brooke Road from the existing 8-inch water line previously installed by others located approximately 250 feet east of Airline Road and extend to the east approximately 410 linear feet to the existing 8-inch water line. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services. 3, SITE IMPROVEMENTS Prior to construction of the 8-inch PVC distribution main extension, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the 8-inch PVC distribution main extension. 4, PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5, DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 8-inch distribution main extension, in accordance with the approved plans and specifications, by January 31, 2007. 6, REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 8-inch PVC distribution main extension, not to exceed $12,695.75 within 30 days upon invoicing by the Developer, if the work has been completed, 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 8-inch PVC distribution main extension by the 2 of 5 professional engineer hired by the Developer However, the expenses may not exceed 7.5% of the costs of construction of the 8-inch distribution main extension. 7. INDEMNIFICA TlON, Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from aI/liability for any and aI/ injuries or damages sustained by any person, induding without limitation workers compensation, personal injury or death, arising from or inddent to this 8-inch PVC distribution main extension construction 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No, 17112, to complete, as part of this Agreement, the Disdosure of Ownership interests form attached hereto as Exhibit 3, 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 3 of 5 EXECUTED IN DUPLICATE originals, this day of ,2006. ArrEST CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Nee, City Manager APPROVED: \ l\ ~ day of -.:Jc:,\"\ v L~{\\ ,2006 By: ~\-\~~ Gary . mith, Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUEcES This instrument was acknowledged before me on , 2006, 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 40f5 DEVELOPER: By: . ~~ Mr. Ata Ollah Azali, President Staples Development LLC P,O. Box 8155 Corpus Christi, Texas 78468 THE STATE OF TEXAS COUNTY OF NUECES I This instrument was acknowledged before me o~h L'1lJl~ I ~ Ollah Azali. PEGGY LANE Notary Public. State of Texas My Commission Expires April 27. 2008 ~ ~"\~~''''If: :-.....,~!. ~'!!,:'..,. i.~'. \~~ ~;:.. ..~~ ""~'" . , ~ ;~~,~.. I 1\'" __ ~_ 5 of 5 , 2006, by Ata LIPES "J I I Brighton Park Baptist Church "'" ~ \ '" \\ '" \ \ \. ~ \ \ 'C:. '\ MASTER CHANNEL~ <:-;r ~"' '~~c..- ~.~,~<,;~ , / <,;- ! , f ....J \\ \\, \\ MASTER CHANNEL 3i LDCp,T ION MAP Manhattan Estates Units 1 and 2 ,--- Iv1AN Hp.lT p,N EST p,TE~, U t'J IT ~' II Exhibit 1 \\ Page 1 of 1 MANHATTAN ESTATES UNIT c 0) " \ \ 0 \ 10 \ 9 ~ \ 410 LF of 8-inch PVC \Vater Distribution Mal \ \ ~EXlSTING e,pvcj DISTlt<<:; 12'PVC EXISTING fIRE HYDRANT \" \ Brighton Pari( Baptist Church r- /~:;e~~;:dl;:~:b PVC LEGEND ___ Prop.F'1re Hyd. -&. Exist Fire Hyd. ~ VaNe. MANHATTAN UNIT LOCATION MAF I' = 200' I I ~.._--- Manhattan Estates Units 1 and 2 Waterline 12-inch Water Grid Main Reimbursement 8-inch Water Distribution Main Reimbursement I I I I Exhlbij 2 ] \ Page 1 of 1 i i ! t BASS AND WELSH ENGlNEERiNG CORPUS CHRISTI, TX CQMF, NO, EXB-WTR .xJE NJ O~D57 SCALE' AS SHlJ'JN I PLOT SC.ALE: )' = ;:00' PLOT DATE, 1 /o,,/~ SHEET 1 or 1 .~.' ~....,~ FIi CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, 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 "NA-, FIRM NAME StaDles DeveloDment. L.L.C. STREET: P.O. Box 8155 FIRM is: 1. Corporation ()( 5, Other 2. Partnership CITY: Comus Christi 3, Sole Owner ZIP: 78468 4. Association _ 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 Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee NONE 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date 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. Certifying Person: Ata Ollah Azali (Type or Print) Signature of Certifying Person: Title President ~ Date:_f -l8-0G II Exhibit 3 II DEFiNITIONS a "Board Member", A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas b "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor "Firm" Any entity operated for economic gain v,'i ,",ther professional, industrial or commercial and whether established to produce or deal with a product or serv!re, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. (j "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e "Ownership Interest", Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. "Consultanf. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AN ORDINANCE REPEALING ORDINANCE 026423 ADOPTED ON AUGUST 30, 2005, AND REAPPROPRIATING $47,146.28 TO THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 209010- 4030 FROM THE DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 640 LINEAR FEET OF A 12 INCH PVC WATER GRID MAIN TO DEVELOP LOT 1 OF BRIGHTON PARK BAPTIST CHURCH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 026423, adopted on August 30, 2005, is hereby repealed and $47,146.28 is reappropriated to the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 from the developer's reimbursement request, approved on August 30, 2005. for the installation of 640 linear feet of a 12 inch PVC water grid main to develop Lot 1 of Brighton Park Baptist Church 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 24th of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form January 17, 2006. By: ~nmi6v G W. Smith Assistant City Attorney For City Attorney c: Docsgws\agenda\2006\OI-24\ord-reappr-BrtoPrkl-art trans Corpus Christi , Texas day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott c: Docsgws\agenda\2006\Ol-24\ord-reappr-BrtoPrkl-art trans AN ORDINANCE REPEALING ORDINANCE 026424 ADOPTED ON AUGUST 30, 2005, AND REAPPROPRIATING $10,635.41 TO THE DISTRIBUTION MAIN TRUST FUND NO. 209020-4030 FROM THE DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 384 LINEAR FEET OF AN 8-INCH PVC WATER DISTRIBUTION MAIN TO DEVELOP lOT 1 OF BRIGHTON PARK BAPTIST CHURCH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCil OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 026424, adopted on August 30, 2005, is hereby repealed and $10,635.41 is reappropriated to the Distribution Main Trust Fund No. 209020-4030 from the developer's reimbursement request, approved on August 30, 2005, for the installation of 384 linear feet of an 8-inch PVC water distribution main to develop Lot 1 of Brighton Park Baptist Church 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 24th of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form January 17, 2006. By: [),. It II b.J5mtiv G~~W. Smith Assistant City Attorney For City Attorney c: Docs&Settings\gws\agenda \2006\01- 24 \ord -reappr- BrtnPrk2-dist. trunk Corpus Christi, Texas day of ,2006 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 ofthe City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A, Kinnison John E. Marez Jesse Noyola Mark Scott c: Docs&Settings\gws\agenda \2006\0 1-24\ord-reappr- BrtnPrk2-dist. trunk AN ORDINANCE APPROPRIATING $133,358.59 FROM THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 209010- 4030 TO PAY THE DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 1,595 LINEAR FEET OF A 12- INCH PVC WATER GRID MAIN TO DEVELOP MANHATTAN ESTATES UNITS 1 AND 2; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCil OF CORPUS CHRISTI, TEXAS: SECTION 1. That $133,358.59 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 is appropriated to pay developer's reimbursement request for the installation of 1,595 linear feet of a 12-inch PVC water grid main to develop Manhattan Estates Units 1 and 2. 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 24th of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form January 17, 2006. By: ~~ a~ W. Smith Assistant City Attorney For City Attorney C: docs&settings \gws \agenda \2006\01- 24 \ManhattanEstates Corpus Christi, Texas __ day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott C: docs&settings\gws \agenda \2 006\01- 24 \ManhattanEstates AN ORDINANCE APPROPRIATING $12,695.75 FROM THE DISTRIBUTION MAIN TRUST FUND NO. 209020-4030 TO PAY THE DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 410 LINEAR FEET OF AN 8-INCH PVC WATER DISTRIBUTION MAIN TO CLOSE A GAP ON BROOKE ROAD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $12,695.75 from the Distribution Main Trust Fund No. 209020- 4030 is appropriated to pay developer's reimbursement request for the installation of 410 linear feet of an 8-inch PVC water distribution main to close a gap on Brooke Road. 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 24th of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: January 17, 2006. By: ~~. (:,ar/W. sm~ Assistant City Attorney For City Attorney C: docs&settings \gws \agenda \2006\01- 24 Corpus Christi , Texas __Dayof_ ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully I Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 8 NO ATTACHMENT FOR THIS ITEM 9 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update STAFF PRESENTER(S): Name 1. Bryan Smith 2. Title/Position Commander Department Police OUTSIDE PRESENTER(S): Name 1. Butch Pool Title/Position Oraanlzatlon Chairman Crime Control and Prevention District Board of Directors ISSUE: The Crime Control and Prevention District Board gives quarterly project updates to the City Council. BACKGROUND: The status of current projects will be reviewed. REQUIRED COUNCIL ACTION: None t4 K. A. Bung Acting Chief of Police 10 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Convention and Visitors' Bureau Quarterly Presentation OUTSIDE PRESENTER(S): Name Title/Position Oraanization Tom Galyon President and CEO, Corpus Christi Convention and Visitors' Bureau Brian Lewis Executive Director, United States Bowling Congress ISSUE: This presentation will highlight the CVB's activities over the past quarter as well as an update on the upcoming Bowling Congress Open Championships to be held in Corpus Christi on February 11 - July 2, 2006. BACKGROUND: None REQUIRED COUNCIL ACTION: None O~77rn+ Oscar R. Martinez Assistant City Manager (.! R !\lJi...:,~I()1\~ T\ pusiti\i.'ly iml" \,1 1he Cily's i.'i.'onomy by marketing ( ()I'pUS ( 'hristi d:-, I 1 I'd \ cl destination, n.H,;~, -5,7 45,6 4.1 '1'26:1' 13,8 59 61.4 53.8 '\6:3:6' 64.3 54.47 RE VPAR IS revellue per available room) N<)vtC'n-.ber' Cy-rD Occupancy Report .04 vs .05 f)~,. ('O~< ~:lH_OOOA) (,-'1 00..../0 67,000/0 fiel Uo% ~',h 000"--::., b4.000/0 ~'.:>' OO~) ; )(-)O/~, CAHP!l'--:i (:tl' isti { ;; ~!-'-'f~st(-lf I ~;()tJth ~:ldre Texas CJ )().1 _ 2()()~-) I ,) ~r006 ~- CQ!Ru~~b[~ti USBC FACT SHEET Corpus Christi will be hosting the UNITED STATES BOWLING CONGRESS OPEN CHAMPIONSHIPS TOURNAMENT, The lJSBC Open will be conducted every day from Feb, 11,2006 through July 2,2006 (142 consecutive days of bowling ) The lJSBC Open is the world's largest annual participatory sporting event. This year's tournament is expected to sell out at 13,500 teams (67,500 participants). There are currently 12,3 74 teams registered for the tournament in Corpus Christi, These numbers do not reflect spouses, family, friends traveling with the teams, There are approximately 480 bowlers arriving daily, bowling daily and staying for a minimum of 3.5 days. The tournament will have an estimated $74 million economic impact on the Corpus Christi Bav area! Schedule for bowlers: The first da bowlers will bowl one of the two five man team squads: Squad Time Report Time Leave Bowlers Venue 2:30pm. 12:30pm 5:45pm 240 8:3_Opm_ __.!),:}Opm . _ 1l:45pm 240 The second day bowlers will participate in one of the 5 Doubles and Singles squads: Squad Time Report Time Leal'e Venue Bowlers -~ ------ ~_._._.__... ----- ~----_._......- 7am 6am 9:30am 96 _. -_._-~- ----.--.....---.-- ,--_. ---.----- 9:20am 8:20am I 1150am 96 1l:40am W:40am 2: IOpm 96 ------.- 5:30pm 4:30pm 8: lOpm 96 1l:30pm W:30pm 1:45am 96 The USBC Open will be conducted in the AmericanBank Center in the exhibit hall. There are 48 lanes being built specifically for the tournament. "A Walk In The Bowlers Shoes" tour will be offered to front line hospitality industry staff during the first week of February Special note to restaurants' Please be prepared for five tops. Groups will be arriving to eat in groups of five or more 1;)1 [\j SholelmE:' Blvd Corpus Christl_ Texas 7840 I 1,PO().f)78.6?63 ' WlNW rTHTlUschristicvb ("OfT! ~Q!RY~~Dtl!tt Signage encouraged. "Welcome USBC ",bowlers.. ,present your USBC ID card for special discount", The bowlers are staying in hotels, motels and condominiums all over the city and surrounding area, THIS IS NOT JUST A DOWNTOWN CONVENTION!!! Those who are prepared and go the extra mile to show some recognition to the bowlers, will receive the business, The bowlers relay the experiences", both good and bad on a chat site on ~,!2.9WI--,--l:..Ql!l, The bowlers are good tippers, However, they do expect excellent, friendly service and recognition. The Corpus Christi Convention & Visitors Bureau (CVB) will be offering hospitality/customer service training during the last two weeks of January 2006. Please contact Kimberly Lemley at 881-1820 or k:leI11Ley@ccte)(as,org for schedule and related information. The CVB will also provide a limited number of welcome buttons for your front line staff, and one window placard recognizing the bowlers. There are still some remaining USBC advertising opportunities targeting the bowlers. Please contact Bill Pettus at bill@Qettusadvertising,com , for information and rate cards. PLEASE TELL OTHERS!!!! 1201 N, Shoreline Blvd. Corpus Christi, Texas 78401 1-800-678-6263 wwwcorpuschristicvb,com ".~,"'\ii ~'''" .,,'.,..,'.,..,' .,',...,',',.'.'.:.""'. ' , -,. . '> "- I, a .~~,,'.';.>, .. +n_~ , ~ L:. <lJ 0> <lJ C <lJ Z C <1) 0 c 0) 0 c N 0 <lJ ~ N N c "0 0 W 0 co c: c "'-J 0> ~ N _ <D <1) (]) <lJ C .Q ro ill C") 0> ~ :::J ~ ~ ~ (f) ill ~ E -1 C') co 0 0 0 I 0:: <D co Cl 0 w u C to c: rn <1) cD co e "0 >- ro m c ~ rn -E Q; c m ro E ';;: ~ :;;: ?:- ro w ." ;: E (t "0 2 - ro U) lD ! C.QIDU~, 's'bli~NOS CUSTOMER SERVICE/HOSPITALITY TRAINING CLASSES In preparation for the United States Bowling Congress (USBC) Open Championships, the Corpus Christi Convention & Visitors Bureau will be offering customer service/hospitality training classes for front line staff in the local hospitality industry, Is your front line staff ready to greet the 60,000+ bowlers that will be visiting the Corpus Christi area over the next five months? There will be 480 bowlers arriving daily for 142 consecutive days of bowling, beginning February II-July 2,2006, The tournament will have an estimated $74 million economic impact on our community. Schedule Thursday, January 19, 2006: Classes at 9:00 a.m. and 2:00 p.m. Tuesday, January 24, 2006: Class at 9:00 a.m. Wednesday, January 25, 2006: Classes at 9:00 a.m. and 2:00 p.m. These classes will accommodate a maximum of30 students. There is a nominal fee of$5.00 per person to cover class materials. Please contact Kimberly Lemley at (361) 881-1820 or klem1t;YiSl}(.;(.;texils,.org to secure reservations. Please provide name of company, contact name, number of employees attending, contact email or phone, class date and time preferred. We do anticipate classes filling to capacity, You are encouraged to make your reservations promptly. .:.::.\., ~'-J. 1'~;:eHi uIVU. ,Uil ,I HL\U ! t;XC\ ~. (ji-tU i "-C'fl:i..sfi--'./h . , . - . -. ~ CornllS "Christi P~DREt'>>lO Hli&'QNG ISLANDS UNITED STATES BOWLING CONGRESS (LJSBC) OPEN CHAMPIONSHIPS FEBRlJARY II, 2006-JULY 2,2006 WELCOME MATERIALS FOR CORPLJS CHRISTI AREA BUSINESSES ORDER FORM COMPANY: CONTACTrrITLE: STREET ADDRESS: PHONE: EMAIL: FAX: NUMBER OF FRONT LINE STAFF: The Corpus Christi Convention & Visitors Bureau (CVB) will be providing welcome buttons for front line staff at Corpus Christi area businesses that will most likely have contact with the bowlers. We will also provide a welcome placard for the front window of businesses. Number of welcome buttons being requested for your front line staff: # Orders will be reviewed and filled by CVB staff, based on supply. Your buttons and window placard(s) will be delivered during the first week of February 2006. Please complete this form and return by email to klt'lllh;.l.Y n;h: ..as,t".h or fax to: Kimberly Lemley at (361) 888-4998. 1'<:,,; i" 3tlofellfle Blvd. COIf,kb Chllstl rexa:) 78401 1 AnOP'R-F)?G1 wvw'.! ('YDJJschrisficvh ('HT' 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: January 24, 2006 a. Public Hearing to consider amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Rd. west to Cimarron Blvd. and expand the Master Channel 27 drainage basin to 1137 acres for a 1 OO-year design; and b. Ordinance approving the amendment to the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Rd. west to Cimarron Blvd. and expand the Master Channel 27 drainage basin to 1137 acres for a 1 OO-year design. ISSUE: This item proposes an amendment to the 1961 Storm Water Master Plan for the area South and West of the City of Corpus Christi by expanding the drainage basin area and extending Master Channel 27 from Airline Road to Cimarron Boulevard. The Bond 2004 Street Improvement Project for Cimarron Blvd., Phase 1, and continued development in the south side has resulted in a need to reassess the drainage outfall capacity in the area. RECOMMENDATION: Staff recommends approval of the ordinance as presented. I' Attachments: Exhibit A: Exhibit B 1 : Exhibit B2: Exhibit B3: Exhibit B4: Exhibit C 1 : Exhibit C2: Exhibit C3: Exhibit C4: Exhibit D: Exhibit D Revised: ~ .~t?6 gel R. Escobar, P.E. irector of Engineering Services Background Information Mary Carroll Channel Drainage Area Master Channel 31 Drainage Area 1961 Master Channel 27 Drainage Area Mary Carroll, Master Channel 31, 1961 Master Channel 27 Areas Proposed Mary Carroll Channel Drainage Area Proposed Master Channel 31 Drainage Area Proposed Master Channel 27 Drainage Area with adjacent channels Proposed Mary Carroll, Master Channel 31 , 1961 Master Channel 27 Drainage Areas Proposed Master Channel 27 Drainage Area and channel alignment Proposed Realignment of Master Channel 27 Drainage Area AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amendment to the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi - Master Channel No. 27 ISSUE: The Bond 2004 Street Improvement Project for Cimarron Boulevard, Phase 1, and continued development in the south side resulted in a need to reassess the drainage outfall capacity in the area. Currently only two major storm water channels service this area, the Mary Carroll Channel and Master Channel 31. Both channels are conveying storm water flows beyond their respective capacities and are limited from 5 year (ditch) and 25 year (structures) storm events resulting in frequent flooding. Master Channel 27, if developed per the 1961 Plan, would service only a small area that would not alleviate the flooding problems. To alleviate the flooding problems, the City of Corpus Christi is proposing the expansion of Master Channel 27. The proposed route for Master Plan Channel 27 will begin at Cimarron Boulevard and discharge into Cayo de Oso Bay. Increasing the drainage basin for Master Channel 27 will alleviate flooding by reducing the drainage areas of the existing Master Channel 31 and the Mary Carroll Channel drainage systems. PROJECT BACKGROUND: The public hearing held in conjunction with Zoning Case 0705-04 before Council on 10-11- 05 resulted in local residents within Brighton Village Unit 6B voicing concerns about drainage problems. As a result, the approvals of infrastructure construction plans prepared by Bass & Welsh Engineering for Cimarron Estates, previously approved in June 2005, were retracted until the drainage issues were identified with residents. The Cimarron Estates tract situated west of Cimarron Blvd. and south of Saratoga Blvd, (SH 357) is adjacent to the Cimarron Blvd. street improvements and included in the Bond 2004 projects. The existing drainage outfall serving this area including Cimarron Estates is deficient and requires a new, currently non-existent, outfall and amendment to the Storm Water Master Plan. The Department of Engineering Services examined the drainage for the area and determined that the drainage problem could be fixed by constructing Master Channel 27, which would be the long-term solution. A short-term solution to the drainage problem is also necessary; therefore, the City has required the developer to construct a storm water detention facility to mitigate the flooding experienced by the residents of Brighton Village Unit 6B. EXHIBIT A Page 1 of 6 AMENDMENT DESCRIPTION: A. Existing Drainage Basin Master Channel 27: The drainage basin for Master Channel 27 as perthe 1961 Storm Water Master Plan (see exhibit B) encompasses an area of area of approximately 597 acres. The existing drainage basin is generally bounded by Airline Rd. on the west, the Vineyards and Greenfields by the Bay Subdivisions to the north, Cayo Del Oso to the east and Slough Rd to the south. Proposed Amendment: The proposed drainage basin for Master Channel 27 (see exhibit D) will encompass an area of approximately 1 ,137 acres. It includes approximately all of the area of the original Master Channel 27 drainage basin plus an additional 540 acres. The majority of the additional drainage basin area is located between Cimarron and Airline Roads. The additional drainage basin area is generally bounded by Brighton Village Subdivision on the west, Saratoga Rd (SH 357) on the north, Airline Rd. to the east, and extension of Lipes Blvd. and Sough Road to the south. B. Existing Master Channel 27 Alignment: The current master plan shows the existing Master Channel 27 beginning near the intersection of Airline and Brooke Roads. The channel proceeds southeast and parallel to Brooke Rd until it reaches Rodd Field Road. At Rodd Field Road the channel turns southwest and parallels Rodd Field Rd for approximately 900-feet. Then the channel turns southeast and proceeds parallel to Brooke Rd and terminates when it reaches Cayo Del Oso. The capacity of Master Channel 27 at its outfall is 533 cfs. Proposed Amendment: The proposed alignment for Master Channel 27 begins approximately 400-feet south of the intersection of Brockhampton S1. and Cimarron Blvd. The channel proceeds to the southeast, parallel to the Tuscany Village north property line. When the channel reaches the east property line of Tuscany Village it turns 90 degrees to the southwest for approximately 400-feet and intercepts a relief channel flowing from the southwest from Manhattan Estates. The channel turns 90 degrees to the southeast and proceeds for approximately 2200-feet along the Manhattan Estates north property line, crosses Airline Rd and proceeds 11 OO-feet where it intercepts a relief channel flowing from the northeast from the Vineyards Subdivision. The channel turns 90 degrees to the southwest and proceeds for approximately 450-feet, turns 90 degrees and proceeds southeast crossing Rodd Field Rd. and continues to proceed southeast to Brooke-Liegh Lake. The channel turns to the east and proceeds through Brooke-Liegh Lake to the lake outfall. The channel turns southeast and then east and terminates at Cayo Del Oso. A. Existina Basins The drainage basins for Mary Carroll Channel (see Exhibit B1) and Master Channel 31 (see Exhibit B2) are contiguous to the existing Master Channel 27 drainage basin (see Exhibit B3). The table below shows the size of the drainage basins and the storm water run off in cubic feet per second (cfs) generated by each basin. EXHIBIT A Page 2 of 6 Existing Drainage Basin IMary Carroll Channel IMaster Channel 31 !Master Channel 27 1473 666 (597) Run Off Storm cts Event 2374 25 Year 1068 25 Year 533 5 Year B. Proposed Basins The Master Channel No. 31 drainage basin has experienced substantial development within the past three years. Continued single family and multi family development requires an increase in drainage outfall capacity. Portions of the Mary Carroll Channel and Master Channel 31 drainage basins will be rerouted and included within the proposed Master Channel 27 (see Exhibits C1 and C2). 370 acres from Mary Carroll Channel and 170 acres from Master Channel 31 will be included within the proposed Master Channel 27 (see Exhibit C3). The resulting reduction in size of both drainage areas will provide significant relief in the flooding periodically experienced in both of these basins. The proposed Master Channel 27 is designed for a 100-year storm event and will provide the additional outfall capacity. The table below shows both the reduced size of the Mary Carroll Channel and Master Channel 31 drainage basins and the reduced runoff generated. Conversely, the table shows the increase in size and runoff for the Master Channel 27 drainage basin. A graphic depiction of the table is shown in Exhibit C4. Proposed Drainage Basin Mary Carroll Channel Master Channel 31 Run Off Storm cts Event 2018 25 Year 945 25 Year 1303 Master Channel 27 1137 1990 100 Year On Wednesday, December 14, 2005, this information was presented to the Planning Commission for their review and endorsement. During this meeting the Planning Commission unanimously supported the amendment and recommended that it be approved by City Council. On Tuesday, December 20,2005, the amendment was placed on the agenda and staff asked Council to table the item until January 24, 2006, to allow time for meetings with affected property owners, residents and area developers. EXHIBIT A Page 3 of 6 PUBLIC MEETINGS: To inform the public of the proposed amendment City staff, and the City's engineering consultant, MEI Maverick held a series of three meetings to disseminate information, answer questions, and notify the area property owners and residents of the upcoming City Council Public Hearing. Meetinq #1 - Fridav. January 13. 2006 This meeting was held for the owners of vacant property in the area where the ditch was proposed to be relocated. 44 people were sent meeting notices and 13 attended to learn more, This meeting focused on the original 1961 routing plan for the Channel and the proposed lengthening and realignment to be submitted to City Council in the plan amendment. The citizens who attended were favorable of the proposed amendment. Their questions were concerned with: 1 access to homes during construction, 2. the installation of additional utility improvements at the same time, 3, how long the proposed improvements would sustain the growing area development, and 4 the likelihood of additional runoff flooding houses along the Oso 5. how they could support this project Staff responded that: 1. access to homes would never be impeded for residents or emergency vehicles; temporary roads and bridge structures would be installed to permit travel to and from homes at all times during construction. 2 this project was only concerned with storm water improvements although through the Cimarron Road Bond Issue 2004 Street Improvement project applicable utilities would be upgraded within the project area before the street was completed 3 these improvements would be designed to sustain full development of the area. This is to be a permanent solution that would not require additional upgrading. 4, the additional runoff from the proposed improvements would not raise the level of the Oso and the houses located there would not be susceptible to flooding from an extended rain event. 5 staff informed them of the upcoming Council Public Hearing on January 24, 2006. During this meeting several property owners were concerned with the proposed alignment of the Channel which would cut through several tracts of property. They asked if the alignment of the channel be adjusted to run along Brooke Road. This would reduce the number of affected property owners and not diminished the use of area property. EXHIBIT A Page 4 of 6 Meetino #2 - Mondav. January 16. 2006 This meeting was held for the residents of Brighton Village who were located West of Cimarron. Notices were mailed to 471 residents and 18 attended to learn more. This meeting focused on the improvements for the affected areas including a new secondary underground system that would connect the existing system to the proposed Cimarron Outfall and into Master Channel 27. The specific improvements include two new storm water trunk mains under Brockhampton Street and Cimarron Boulevard. Their questions were concerned with: 1. access to their homes during construction, 2. alternate routes of travel during construction 3. how would this project be paid for 4. how could they support this project Staff responded that: 1. access to homes would never be impeded for residents or emergency vehicles; temporary roads would be installed to permit travel to and from homes at all times during construction. 2. alternate routes of travel would be accessed and part of the design process for Cimarron Boulevard, Phase 1 work. The portion of the channel that was within the Bond project limits would be constructed concurrently with Cimarron project to facilitate construction and limit disruption to the neighborhood 3. if approved, this project would not be financed through Bond Issue 2004 proceeds, but would become a part of the City's Capital Improvement Program and funded through utility revenue. 4. staff informed them of the upcoming Council Public Hearing on January 24, 2006. Meeting #3 - Wednesday. January 18. 2006 This meeting was held for the residents of Brighton Village who were located East of Cimarron and in the Bordeaux Place and Vineyards subdivisions. Notices were mailed to 644 residents and 21 attended to learn more. This meeting focused on the improvements for the affected areas including a new relief branch channel on the northeastern corner and east edge of the Vineyards subdivision diverting existing excess flows from the Mary Carroll Channel to the new Master Channel 27. No street construction or major impacts are anticipated for this area. Their questions were concerned with: 1. the water table's affect on the channel 2. maintenance of the channel 3. standing water in the neighborhood during rain events 4. how they could support this project. Staff responded that: 1. the effect of the water table to the channel during construction of the project and after will be taken into consideration during the design process. 2. the channel would have slide slopes angled to accommodate ease of EXHIBIT A Page 5 of 6 maintenance and mowing by the Storm Water department's equipment. 3. this project will be designed to alleviate such conditions during significant rain events. 4. staff informed them of the upcoming Council Public Hearing on January 24,2006. STAFF RECOMMENDATION: As a result of these meetings and prior meetings with individual property owners and developers, staff is recommending the Council consider relocating the alignment of Master Channel 27 to run along with and parallel to Brooke Road. Additionally, the meetings allowed staff, property owners and developers to coordinate efforts for joint development and City project coordination. EXHIBIT A Page 6 of 6 ~~p~~~ ~.. :1 , i ~..~~0~~.~!~~~ "i ~_/ ~~ ~~~~~~. ~l~ ~ \!~ I ~ ~ ~ 4~ 0,~'J >!~ ~o .' ~ - I ~~!h~~~~!~~~~ . 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Ill! ~~~~~!~' 1 .~/ ~~~ ~~l!!_~~' ~~!i;~~ ~~~i~t' )~ ~ ~_ ~_ 2:~"~~ IIi ~ lilu~ ~~. ~~L~,,"~ ,!. 1/ r;;h~ ~~~~~~' ~ 'I~' ~ ~~ ~ ~~. ~~\~O ~ ~~~"'~ > ~:~ ~ ~ ~~"~~ &~~~~~ ~~ ,,~~~,,)~~~~ ~~~~/ I.~I~. , ~lli~. ~~~~~~ '" ~~ ~ ~,,~~~~",' " iilI~~~~~/~ ~~~~B~~ 1 ,,~:' ~:~~~@~~ ~ ~~~O~~~~~ ~ ,~ / ~~~ ,~~~ ~~~~"'".'-, ,~~ ~~~""~~,:/~ ;;'?/~' ~~~~~ ~ ~~~(S~~ .~,~; - ~ - ~~~~"~~~~~~~ ~ ,,~~ '-,'-,~~ /;'~/ ~~~~f~K0q~ -!~~~~~ ~~~-' ~.I~~.._~~1:ii~~~ ''''0~ ..~.~ fiji' .~. ~ ~J Tl -=-=,. .3'""'. EXHIBIT B41 1- I \~V13C vA"':) I- I , I ~@ffi 5W 3t a ~!i ct:~~ ..... - - I~ ~ \ " ~ r /~ J ~ ~ I li-- - ~- . // ': I II . ~~ -<' '. ,'---- ~ ~ ~ b.~. !~~ t!.i ' i~ ~ ~~~~'I," . < '\_!O~___, I I ~~~!i'! . ,I! I j I ~~~. \~ J~:~ \"I~ i! ~o~- i ~ ~~~, ,"""'~' '1" , :' 'l I. ~.~~~ '~"'~~!:l!r: t. I~ '''-''-'"' ~ ,",' "'\.~ ~r't-. ~ Z--r " ~~ ~~,.....~ ~~,Hll:--___~ ' o.m.._ ,,," ',~:'~""",,,,,,,,,,,,,,,,,,,,.....,, " , ~ " " "-~"',~ r ..J - J' I ,'\,,, 0.." 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"~ - . ~~~ ~ ~a~~~ ~!i.~ '" ~ 7' r..rn aD "SJ "-- f--- - ~ ~ " ~ I n vV1>Z .is S3'\d\'.lS - EXHIBIT C1 J /" ~@~ 5~ ",," A ~. li: I; I ~~/ ~~~ ~ -V/ / ~ ~~ ! !l ~ i5 ''';. \ . ////~ ~ ~i \,~\) ~ ~ ~ ~ ~ ~. '// ! Ii ..~~~~ ~@.... l~:'i . ~.. ~~ ~ 'l/// J -f-_=f- , 5~~ \~ lr- v~ ~ '//~ . '- _ j I ' . \ I. ~. · ;;;;", -i. ' ~~~i ~ t ~ '// V << /$//; r ri.--1- di~ ~ ~miY ~ ///~ tu~w ~ ',////// '//~/// ~ ~~ _nnnum_,' //// /'///// _\ _ 0" "'~, OJ" "'\ i/' ~ :.1 O~ m31,; 000 / / / // LA V/// /,/X U ,~dJ=l= l~~+- ~~:. 1 )! ~~/~~-,- l I~, f: // iV, F~~.-.. ~ ~ ----i' tr III .. i /~ ~! ir[J~I-~-['----=~. /T J ~ I I i.l! il ~~/O'0 ~ I T ~.~_o_~mmlilm il r !,Il ~~&-;;; ~ 11-4-', _ _ -r-u ~ I \ I ~III;~~ Ic; ~// - ~ w r'~ · I _ ~ ~ ~ / ~v / h~ J 1 ~- 8 '; I r>~;;/~ ~v '/'/ t" _ .'. I h--=t- Ii, IIII~~~~ .~!t"zt J J L_ _ J 'h W~~t~~~4:~ -- 2' _ ~0:~~~ ~ ~!: ~$ -~ . {J"'''' n ~ ,. S31dV1' EXHIBIT C21 ._\ -~ ~ ~~ I i f . 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I ..~.1o I EXHIBIT c41 "',"" '-----. - I ~ h ~ ~~ . i ~i ~ f ~ ~ \\t ~ tL ~ ~ f , l ~ .. ~ i5 > I I I J t I I I r I g it ~ ~ (/) ~ w ~ , ~ 0<;, Z" 2~ ~@ 3 ~~~iJ ~~g~ i--.!! ..... L() C'l @ ~ ~ ~ 0sn 130 e,/.,v,:' h ~c o Z I.U " ~ I '- -I ~ ~ B '" 5 ~~ ~~ o > ~ Z ;: o '" 0: ~ a ~~ ~~ ~. ~.: a~ H ~~ og &~ ~~ ~~ ~~ ow z 0 ~:,; ~~ Z ~v ~ ~ I I t I J , I I I ~ ~I ~;; ~~ ~~ b~ z~ ~ , Oii 5~ "' .. F c I . o. I i ~ , 'd ~1, ~ ~ ~ ~ ;i 0 l-' 0: I.U " I~I c ~ ~ \< ~ ,-.- .;$ S81d\tlc; EXHIBIT D-REV Page 1 of 2 AN ORDINANCE AMENDING THE 1961 MASTER PLAN FOR STORM DRAINAGE FOR THE AREA SOUTH AND WEST OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXTEND MASTER CHANNEL 27 FROM AIRLINE RD. WEST TO CIMARRON BLVD. AND RECONFIGURE MASTER CHANNEL 27 DRAINAGE BASIN; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment to the Master Sanitary Sewer Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, January 24, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi, Texas is amended to extend Master Channel 27 from Airline Rd. west to Cimarron Blvd. and reconfigure Master Channel 27 Drainage Basin, by incorporating the attached Exhibit into the Master Plan. SECTION 2. That the Master Plan for Storm Drainage is an element of the Comprehensive Plan and the Comprehensive Plan is amended to conform to the Master Plan for Storm Drainage, as amended by this ordinance. SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed, SECTION 4. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIR\JOSEPH\ORD-STRMWTR PLN-CH27, DOC Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of. ' 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the .__ day of ,2006, by the following vote Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED, this the day of ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved ,2006 By: Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH\ORD-STRMWTRPLN-CH27, DOC ~ 8 =l~ L ~~ ~: ~~ 5 ~ ~~ ~ j .. it w .. "- Il) '" @ ~ ~ -rJ ~ -~ J i I I I; ~ ~ iil " ~ ~ ~ ~ of · ~i i ~~ i ~ .. I ~ ~i!- ~~~ p~!;. ;i!D ~- ~ I 12 AGENDA MEMORANDUM DATE: January 24, 2006 SUBJECT: Cimarron Boulevard Street Improvement Project, Phase 1 Saratoga to Yorktown (BOND ISSUE 2004) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.2 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $412,603 for a total restated fee of $1,846,514 for the cimarron Boulevard Street Improvement Project: . Phase 1 - from Saratoga to Yorktown . Phase 2 - from Yorktown to Bison For additional design work on Phase 1 (BOND ISSUE 2004) ISSUE: During preliminary design several key elements emerged that will affect the construction of the project. This amendment is for necessary additional design work now required for Cimarron Boulevard Phase 1. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. Staff recommends approval of the motion as presented. yt 10~ ( I R. Escobar, P.E. irector of Engineering Services -~~S: A ~ -/7-0 G Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:\HOMElRachelleIGENIStreetsI6261 & 6262-CllnarronlAmd, No 2IAgenda Memo,doc BACKGROUND INFORMATION SUBJECT: Cimarron Boulevard Improvements Project Phase 1 - from Saratoga to Yorktown (Project No. 6261) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1, November 2. 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2, November 9. 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29.2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 4. April 26. 2005 - Ordinance abandoning and vacating a 1,383.35-squarefoot portion of a 10-foot wide Utility Easement out of Lots 90 and 91, Block 1, Mariposa Subdivision located south of the Yorktown Boulevard and Cimarron Boulevard intersection, in connection with the Cimarron Boulevard Street Improvement Project, Phase 2, from Yorktown to Bison, (BOND ISSUE 2004 PROJECT); and declaring an emergency (Ordinance No. 026234). 5. Mav 10. 2005 - Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street 2000 clP Fund 3411 B; and appropriating in Street 2000 CIP Fund 3411 B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and appropriating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Improvements Project, Phases 1 & 2; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93; and declaring an emergency. (Ordinance No. 026247) 6, Mav 10, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering in the amount of $1,359,999 for the Cimarron Boulevard Improvements Project as follows: (Motion No. 2005-134) . Phase 1 - from Saratoga to Yorktown . Phase 2 - from Yorktown to Bison 7. December 13. 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract for Professional Services with Maverick Engineering in the amount of $73,912 for a total restated fee of $1 ,433,911 for the cimarron Boulevard Improvements Project: (Motion No. 2005-411) . Phase 1 - from Saratoga to Yorktown . Phase 2 - from Yorktown to Bison For additional design work on Phase 2. (BOND ISSUE 2004) H:\HOMEIRachelleIGENISlreets\6261 & 6262-CimarronlAmd No, 2\AGENDA BACKGROUND,doc PRIOR ADMINISTRATIVE ACTION: 1. July 7. 2004 - Executed Small AlE Agreement with Pyle and Associates in the amount of $24,290 for the Cimarron Boulevard Improvements Project, Phase 1 from Saratoga to Yorktown. 2. July 7. 2004 - Executed Small AlE Agreement with Pyle and Associates in the amount of $6,250 for the cimarron Boulevard Improvements Project, Phase 2 from Yorktown to Bison. 3. Auaust 26. 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 4, March 25. 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non- local), 5. April 13, 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). FUTURE COUNCIL ACTION: Approval of necessary construction contract to complete the project as required. PROJECT BACKGROUND: On Tuesday, November 2, 2004, 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 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan 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. On May 5, 2005, a contract for professional services was awarded for the design of Cimarron Boulevard from Saratoga to Yorktown (Phase 1) and Cimarron Boulevard from Yorktown to Bison (Mireles Elementary School) (Phase 2). Work for these projects consists of: PROJECT DESCRIPTION: The proposed project consists of the following improvements: Phase 1 from Saratoaa to Yorktown - The section of Cimarron Boulevard bound between Saratoga Boulevard & Yorktown Boulevard is currently a rural unimproved two-lane roadway. cimarron Boulevard Phase 1 improvements will consist of the reconstruction and widening of the existing two-lane roadway to an arterial (A-1) four- lane roadway with a continuous left turn lane, curb & gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, and the installation of improvements to meet T AS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage I traffic control, street lighting and ROW acquisition will be made as required. A new traffic signal will be installed at the intersection of cimarron Boulevard and Yorktown Boulevard. HIHOMElRachellelGENIStreetsl6261 & 6262.CimarronlAmd No, 2\AGENDA BACKGROUND doc Phase 2 from Yorktown to Bison (Mireles Elementary Schooll- The section of Cimarron Boulevard bound between Yorktown Boulevard and Bison Drive is currently a rural unimproved two-lane roadway. Cimarron Boulevard Phase 2 improvements will consist of the reconstruction and widening of the existing two-lane roadway to a collector (c-3) four-lane roadway with curb and gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, the installation of improvements to meet T AS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage I traffic control, street lighting and ROW acquisition will be made as required. AMJNDMENT NO.2: Amendment NO.2 proposes to expand the Basic Services and Additional Services for storm water improvements and install a new waste water force main and new traffic signal at the Brockhampton/cimarron Intersection. Storm Water Improvements: The Bond Issue 2004 Street Improvement Project for cimarron Boulevard Phase 1 (Saratoga to Yorktown) and continued development in the south side resulted in the need to reassess the drainage outfall capacity. Currently only two major storm water channels service this area--the Mary Carroll Channel and Master Channel 31. Both channels are conveying storm water flows beyond their respective capacities and are limited, from 5-year (ditch) and 25-year (structures) storm events resulting in frequent flooding. Master Channel 27 --if developed per the 1961 Plan--would service only a small area and it would not alleviate the flooding problems. To alleviate the flooding problems, the City of Corpus Christi is proposing the expansion of Master Channel 27. The proposed route for Master Channel 27 will begin at Cimarron Boulevard with the Cimarron Outfall and discharge into cayo del Oso Bay. Increasing the drainage basin for Master Channel 27 will alleviate flooding by reducing the drainage areas of the existing Master Channel 31 and the Mary Carroll Channel drainage systems. Wastewater Force Main: To meet the increased development in the area, a section of the force main planned under the Buckingham Lift Station Upgrade (City Project No. 7117) is included in this project. Construction under this project would minimize disruption to the local residents and businesses, reduce the overall cost, and accelerate the infrastructure improvements planned for the area. This provides only a section of the force main required; the remaining Buckingham Lift Station Upgrade project will be completed under other CIP projects. New Traffic Signal at the Brockhampton/Cimarron Intersection: A new traffic signal was identified under Bond 2004 Project for Traffic Signalization Upgrades for this intersection and is included in this project to improve traffic controls and overall cost savings. Basic Services - Basic Services shall be modified to include additional Preliminary Design Phase, Design Phase Services, Bid Phase Services, and Construction Phase Services as follows: · Preliminary Design Services and 1961 Storm Water Master Plan Amendment for Master Channel 27 and a new Cimarron storm water outfall into the proposed Master Channel 27 to include coordination and meetings with developers, property owners, public meetings and public hearings. HIHOMElRachelle1GENIStreels\6261 & 6262.CimarronlAmd No 2\AGENDA BACKGROUND,doc . Design Services for the new 16" PVC sanitary sewer force main, manholes and associated appurtenances from the CimarronNorktown intersection beyond Saratoga to the CimarronlWooldridge intersection. . Design services for the new traffic signal at the Brockhampton/Cimarron intersection. Additional Services - Additional Services shall be modified to include additional Topographic Survey: TOPoQraphic Survey . Provide additional topographic surveying along Cimarron Boulevard from Saratoga to Wooldridge as required to establish the 16" effluent force main plan and profile alignment, identify potential utility conflicts, locate tie-in location for construction, and baselines for traffic controls. . Provide additional topographic surveying from cimarron to the Cayo del Oso Bay to complete the alignment and flow lines for the proposed route for Master Channel 27 to include identifying ROW requirements, potential utility conflicts, street crossings and coordination with new developments. A Contract Summary and fee is attached as Exhibit liB". FINAL PRODUCT: Design I Bid and Construction services will result in street improvements including compliance with ADA requirements along Cimarron Boulevard Phase 1 from Saratoga to Yorktown. H:\HOMEIRachelleIGEN\StreetsI6261 & 6262-CimarronlAmd No 2\AGENDA BACKGROUND doc CONTRACT SUMMARY 1. SCOPE OF PROJECT: Cimarron Boulevard Improvements Project Phase 1 - from Saratoga to Yorktown (Project No. 6261) BOND ISSUE 2004 PROJECT Amendment No. 2 proposes to expand the Basic Services and Additional Services for storm water improvements and install a new waste water force main and new traffic signal at the Brockhampton/Cimarron Intersection. Storm Water Improvements: The Bond Issue 2004 Street Improvement Project for Cimarron Boulevard Phase 1 (Saratoga to Yorktown) and continued development in the south side resulted in the need to reassess the drainage outfall capacity. Currently only two major storm water channels service this area--the Mary Carroll Channel and Master Channel 31. Both channels are conveying storm water flows beyond their respective capacities and are limited, from 5-year (ditch) and 25-year (structures) storm events resulting in frequent flooding. Master Channel 27--if developed per the 1961 Plan--would service only a small area and it would not alleviate the flooding problems. To alleviate the flooding problems, the City of Corpus Christi is proposing the expansion of Master Channel 27. The proposed route for Master Channel 27 will begin at Cimarron Boulevard with the Cimarron Outfall and discharge into Cayo del Oso Bay. Increasing the drainage basin for Master Channel 27 will alleviate flooding by reducing the drainage areas of the existing Master Channel 31 and the Mary Carroll Channel drainage systems. Wastewater Force Main: To meet the increased development in the area, a section ofthe force main planned under the Buckingham Lift Station Upgrade (City Project No. 7117) is included in this project. Construction under this project would minimize disruption to the local residents and businesses, reduce the overall cost, and accelerate the infrastructure improvements planned for the area. This provides only a section of the force main required; the remaining Buckingham Lift Station Upgrade project will be completed under other CIP projects. New Traffic Sianal at the Brockhampton/Cimarron Intersection: A new traffic signal was identified under Bond 2004 Project for Traffic Signalization Upgrades for this intersection and is included in this project to improve traffic controls and overall cost savings. 2 SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. HIHOMEIRachellelGENlStreets16261 & 6262-C,marronlAmd No 21CONTRACT SUMMARY2 doc EXHIBIT "B" Page 1 of 2 3. SUMMARY OF FEES - AMENDMENT NO.2 -- -------_._._--------~_.- --','---_. --- BASIC SERVICES -- ---.-....- ._._.~--_. ----~. ------ 1:.Preliminary Phase__.~,,__, .,__ 2, Design Phase ~_~__'__'~'d"U"_ 3, Bid Phase ---.----....-,.--.,-.-..-..----- ------ 4. Construction Phase -"--'-'-"-- Subtotal Basic Services Fees -- Street Storm Water Water Wastewater Total -- - -- .---...--.--- ~ $0.00 $95,960.00 $0.00 $0.00 $95,960.00 ---.---- 11.372.00 0,00 0,00 117,289.00 128,661.00 --- ..~._-+ 0,00 0,00 0.00 0.00 0.00 - f----- -, 000 0,00 0.00 0.00 0.00 ,.- ------- 11.372,00 95,96000 0,00 117,289.00 224,621,00 ,- ---- '-'--'-- .., .-- - -.--.-,- .~- ..- ._-,~ __ _.__~__._._._.___ _n .~ 0.00 0,00 0.00 4,124.00 4,124.00 -.-- 0.00 0,00 0.00 0.00 0.00 0.00 173,704.00 0.00 10,154.00 183,858.00 ,~ ..~+.._- 0.00 0.00 0.00 0.00 0.00 ~ 0.00 0.00 0.00 0.00 0.00 ,~ 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 ,- ~- s 0.00 0,00 0.00 0.00 0,00 0,00 173,704,00 0.00 14,278.00 187,982.00 ~ ----- $11,372.00 $269,664.00 $0.00 $131,567.00 $412,603.00 Total Authorized Fee EXHIBIT "B" Page 2 of2 H:\HOMElRachelleIGENIStreets\6261 & 6262-CimarronlAmd No, 21CONTRACT SUMMARY2,doc ~ WOOLDRIDGE RO (2; 0) -J ~ ~~ 0):2 ~~ lJ...:$ lJ...s:: ~C,) f--O Q: :S:QJ ll,J ~.., 5Hs 0) Q: BROCK OQ: ~~ ct:.... ~C,) 0\ ~ 'l:! ..- <0 ~ '2 f.': ~ lXl .- ~ ~ '0 c: :0 o U .- ti " '~ ~ .- III ~ -J III ~ ..... Q: ffiffiJ ~ IIIIlJ] t3 fIIIIIJ ~ ~ YORKTOWN BLVD l ,-C ..... (\j -J ll,J ~ ~ C,) ~ ~3: ~O -J Q:lJ... ~ffi 0):::'- :;(0 ::E~ fi1~ ~~ 0.... Q:C,) ~'- lJ.J CI) ~ 0.. lJ...~ 00) ~ll,J ~~ C,)(!) UJ~ 0):::> q~ Q:O .... ll,Jf-- (!)~ S'" Q:..... :JlJ... 0.... ~-J ::;; :2~ (!) ::;;~ lJ....... ::.:: = C,) <0:::> -QJ a.. ~ ~ ;E~ .......e Os ~2: :s ""' := o I: ..... ...... ~ ~ LIJ ~IIII ~III V)~ t- ~U Q5 ~~ - Vl ~ ~~ ~ 10 r.'l !Q ~ .... 0 .... ~eJ 0 ~ ::::! U~ ~ ~ ~ V)~ .. _ ;:) ~LaJ ~ ~ o ~~ ~ ~ o u..... a.: ~ ~ L...Cj a - ~~ o r-Q: -Cf ULaJ o ""- CO C'I CO ~ ..... o ~ o ~ >- ..... o ~~ UJ...... Cl)Q3 ~<C a..C) Qe a:: ~~ UJ~ 5 oe :~ ~e a::~ ~a:: ~~ 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/24/06 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a depository contract with Frost Bank to provide depository services for City funds. ISSUE: The City has a continuous need for a full service commercial depository to provide depository services for the City's funds. The current depository services contract is with Frost Bank and expired on December 31, 2005 . We are currently operating on a month to month contract. REQUIRED COUNCIL ACTION: Chapter 105 of the Texas Local Government Code requires the governing body to authorize the depository services contract. City Council approval is required for all contracts over $25,000. PREVIOUS COUNCIL ACTION: · Motion 2001- 434 November 20,2001 - City Council authorized a contract with Frost Bank to provide depository services for the City. RECOMMENDATION: City staff recommends approval of the motion authorizing the City Manager or his designee to execute a depository contract with Frost Bank to provide depository services for City funds. G";iJ 0 L Cindy O'Bri ~ Director of Financial Services Attachments: Background Information Contract Summary Depository Contract BACKGROUND INFORMATION The City's current depository contract is with Frost Bank and was approved on November 20, 2001. State law allows cities to enter into a depository contract for up to five years. A long-term contract is recommended due to the volume of the City's daily deposits and activities and the time it takes for a transition to a new depository bank. Additional training is also required on the new depository bank's system for performing wire transfers, obtaining bank balances, controlled disbursements, reconciliation processes, lockbox totals, and other types of collective information. On October 14, 2005, the City issued a Request for Applications (RF A) for the performance of depository services for City funds for the period of January 1, 2006 through December 31,2009. The respondents were Bank of America, First National Bank, Frost Bank, and Wells Fargo Bank. An evaluation team consisting of the Director of Financial Services, Assistant Director of Financial Services, City Treasurer, and Procurement and General Services Manager evaluated the four proposals received based on the selection criteria specified in the RF A. Each team member rated the proposals and ranked them first through fourth. These scores were then averaged to arrive at the total average points and the total average rank. The total average points, on a scale of one to one hundred, ranged from 87.69 for Wells Fargo Bank, to 91.33 for First National Bank, with the top three banks only varying in score by twelve hundredth's of a point. The total average ranking, first through fourth, was Frost Bank, First National Bank, Bank of America, and Wells Fargo Bank, respectively. Though Frost Bank scored 91.26 to First National Bank's total average points of 91.33, more evaluators rated Frost Bank as their first selection. The significant factors relating to the selection of Frost Bank as the recommended depository are the combination of the high level of technological services offered and the reasonable cost ofthe four year contract. Frost Bank has provided excellent service to the City of Corpus Christi for the past eight years and has continued to expand their technology to keep up with the rapidly growing internet banking community. CONTRACT SUMMARY Term Services Collateral The term of the contract begins on January 24,2006 and continues until December 31, 2009, with the option for one one-year renewal. The contract outlines the specific depository services to be provided for the City, which include the following: electronic cash management services, automated information reporting, items processing services, processing of returned items, stop payments, automatic payroll deposit services, general wire transfer, account reconciliation, depository reconcilements, lockbox, checking with interest accounts, controlled disbursement accounts, zero balance accounts, check cashing, overdraft policy, assignment of a specific depository officer, and direct debit of utility customers. Article IV of the contract outlines the account transfer requirements. Article III ofthe contract provides that City funds must be continuously secured. The depository must pledge permissible securities equal to the largest total ledger balances the City maintains in the Depository, less the amount of coverage provided by the Federal Deposit Insurance Corporation. Only the following types of securities are acceptable by the City to secure City deposits: I) a treasury note ofthe United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States: 2) an obligation of an agency of the United States, provided that (i) the market value can be readily established, (ii) the obligation has been approved by an Authorized City Representative. Service Fees The service fee will not increase during the term of the contract or option year. Service fees will be offset by the total earnings credit for all City account balances. The depository will invoice the City monthly. CITY OF CORPUS CHRISTI DEPOSITORY SERVICES AGREEMENT TABLE OF CONTENTS Article 1 - Definitions ........,.......,...."..""........... ........,. ......",..........,. ............... ... ........ ................. ...4 Article 2 - Provision of Depository Services .................................................................................4 2.01 Depository Services and Fees ..................... .............................. ............. ..... ................4 2.02 Guaranteed Service Fees....... ...................,., ...,.........,'... ............ ....... ........ ......... ..........5 2.03 Calculation of Net Monthly Service Fee ....................................................................5 2.04 Payment of Net Monthly Service Fee .........................................................................5 2.05 Representations of Depository .......,.................... ............ ......... .............................. .....5 2.06 Electronic Cash Management Services ......................................... .......................... ....5 2.07 Deposits ...... ............,. ........ ....... ...........,................, .........., ...... ...... ....... ..... ..... ...... ..... ....5 2.08 Items Deposited ,....,........,...........................,......,........................................................ 6 2.09 Automated Information Reporting ............... .......,.................. ..... ............. .............. .....6 2.10 Items Processing Service .............................................................. ............................ ..6 2.11 Check Sorting Requirements ........................................................ ..............................6 2.12 Insufficient Funds (NSF)/Returned Items ...................................................................6 2.13 Stop Payments... .....,.......... ....... .........,... ............... ...........,. .... ....... ............ ............... ....6 2,14 Automatic Payroll Deposit Services ...........................................................................6 2.15 General Wire Transfer Services .. ............................................... ................... ........... ...6 2.16 Account Reconciliation Services .........,................................................ ...................... 7 2.17 Depository Reconcilements ..............,................... ...................................................... 7 2.18 Checking with Interest Accounts ................................. ................ ........................ ....... 7 2.19 Controlled Disbursement Service ......................... ......................... ........................ .....7 2.20 Zero Balance Accounts ...."......... ......,........,................................... ............................. 7 2.21 Check Cashing ................... .................................. ........ .................. ......... .............. ...... 7 2.22 Deposit Locations .......................................................,................. ......................... ..... 7 2.23 Overdrafts ..,........ .....,.,.. .............. .....'...,. .......... ................. ....... ...... ......... ............... .....7 2.24 Authority of Authorized City Representatives ...........................................................8 2.25 InvestInent Services .................... ..................................................... ....... ................ ....8 2.26 Account Executive Services..............,.........................................................................8 2.27 Reports .. ........ .....,....... ......... .................... .........,..... ...... ............. .............. ..... .......... .....8 2,28 Direct Debit of Utility Customers ..............................,.... ..... ...... .............. ..... ...... .........8 Article 3 - Security for Deposits ,..........,................,.........,............................. .............. ...................9 3.01 Background ........,........................... ............................................. ........ ......... ............ ...9 3.02 Qualification as Depository...................,............ .......................... ........................... ....9 3.03 Collateral Provision of FIRREA ........ ................... .....,. ................. .............. ...... ...........9 3.04 Pennissible Securities ......... ......................................................... ........... ......... .........1 0 3.05 Custodian of Pledged Securities ........... ........ ............... ................ ................ ..... ..... ...10 3.06 Amount of Collateral . ............... ...........,....................... ............. ................... ..... ........1 0 3.07 Determination of Market Value .. .......................................... .... .............. .......... ........1 0 ~.08 Charges for Collateral..................... , .................... ................................................10 ~ ,09 F ederall y Insured Deposits...........,.. . ,...... ..................... ................. ........... .......... ..11 ~.IO Additional Security .................. ......................................................................11 ~ 11 Substitution of Securities .............., ' . ....................,................................................11 " 12 Release of Security ..", .,.......... '....,..... ................................................11 ~ .13 Records and Audit, " ' .......' '... .........., ...............................................11 ., 14 DocumentatIOn to be Provided to Cit\ '....... ,........ ................................................11 ~ 15 Surrender oflnterest of Securities, ,...,........... ..................... ......... ........ ........ ..11 Article 4 - Account Transfers ... "'"'''' ......................................................................................12 4,01 Electronic, Telephonic, Telegraphic or Oral Requests for Account Transfers .........12 4,02 Internal Transfers .. ....."..,.,... ..........,. ""................,,'. ..... ....... ...... ......... ....... .......... ...12 4.03 Instructions for Transfer . .,......,.... ,'...................,. ................... .......... ...... .......... ...12 4.04 Immediate Credit .............. .... ....,.....".,.. ....,............,'...... ........... ................... ............12 4,05 Daylight Overdraft Policy.... ...............,........ ...........' ..........." ...... ..... ........................12 4.06 Notification of Funds Transferred .. ,. ....................................................................12 4,07 Records ..., ...... ..... ..". ...................",'............................. ....... ..... ................. ...... .......12 4.08 Discrepancies/Loss of Interest! Error ...................................................... ............ .... ..12 4.09 Designated Accounts .... ................ ...................... ................................................12 Article 5 - Other Services ......... ......... . ............, ' , .................... ................................................13 5 ,01 Bailor-Bailee Relationship..............,...,.... .....,..... ............... ....... ............... .................13 5,02 Custody. Safekeeping of Governmental Agency Securities .....................................13 Article 6 - General Provisions ..........."........ ........'..................... ....... .... ...... ................. ...... ........ ...13 6.01 Automated Clearing House Membership ..... ..................... ............ ......... ...................14 6.02 Charging of Fees ....."........................',.......................................... ......... ...... ............ .14 6,03 Confidentiality, Audits and Inspections ................................................................. ...14 6.04 Recalls, Debit Adjustments and Other Adjustments .................................................14 6,05 Compliance with Law........ ..........., ........ .................... ...... ......... ................ .............14 6.06 Indemnification ,...',..,....", ............ ,,'....,....... ,............. ......... ..... ..... .........................14 6,07 Term ,........ ...... '........ ... ' ......... ....' .................... ................................................15 6.08 Duties After Termination ",.....,.........,.,.." ........... .......... ............ ......................... .......15 6.09 No Endorsement..".........., ,..........., ,., ,,,....................... ....... ..... ................................15 6, 1 0 Notices . .. . , '...... .."'.........",,................ ...................................................................... 15 6.11 Assigmnent ..... '.............,,'........................................................................................15 6.12 Force Majeure . ...............".............. ,"........".......... ........................ ................. ..... ..16 6.13 Conflicts of Interest ....,.....................,.'.................. ............................. ..................... ..16 6.14 Equal Employment Opportunity ........ ".............................. .............................. ....... .16 6.15 Entire Agreement ............" ............. ,,,,,,............ .................. ............. ....................... ..16 6,16 Governing Law.............................. ...,........................................... .............. .......... ...16 6.17 Notification of Changes in Depository Laws ........... .................................................16 6.18 Monthly Reports ............. ..... ..............". ........" .............. ............ ................................16 6.19 Corporate Resolutions Not Required ,.............. .............................. ......... ............ .... ..16 6.20 Hierarchy of Contract Documents......,,,........... ......"............ ...... ....... .................. ......16 2 Exhibits Exhibit A Payroll Calendar for 2006 .................................................................................18 Exhibit B Monthly Pricing Summary Form ..........,......................... ............................... ..19 Exhibit C Authorization for Depository Accounts .......... ................................................20 3 CITY OF CORPUS CHRISTI DEPOSITORY SERVICES AGREEMENT Whereas, the City of Corpus Christi ("City") requested and received applications for the provision of depository services for City funds from depositories doing business within the city limits of Corpus Christi, Texas~ Wbereas. the City Council considered and reviewed the specifications of each application received and detelmined which application was the most advantageous for the City; \Vhereas, on, the City Council in Motion _ designated Frost National Bank ("Depository") to be the depository for City funds and authorized the City Manager to execute this depository services agreement ("Agreement") with Depository~ NOW THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, including representations, warranties, and covenants, the City and Depository agree as follows: ARTICLE 1 Definitions For purposes of implementing this Agreement, the terms listed below will have the following meamngs: "Authorized City Representative": the City Manager or other persons designated to perform duties in accordance with this Agreement. The present Authorized City Representatives are specified in Exhibit E "Account Transfers": written, electronic (wire/ ACH), telephonic, telegraphic or oral requests or orders issued by an Authorized City Representative for the transfer of City funds on deposit from City accounts maintained at the Depository for credit to accounts designated by the Authorized City Representative, "Deposits": include demand and time deposits. The City may withdraw demand deposits on demand Time deposits are subject to a contract under which the City may not withdraw funds by check or other means until the expiration of a certain period following written notice. "City Funds": all accounts held by the Depository for the City. "Total City Balance": the sum of all ledger balances of all City accounts held by Depository. "Depository Services": all services required according to this Agreement "Other Financial Services": all services necessary in the administration, collection, investment, and transfer of city funds. ARTICLE 2 Provision of Depositorv Services 2.01 Depository Services and Fees. The Depository hereby agrees to provide depository and 4 other services described in this Agreement for the City funds deposited at the Depository. The City agrees to pay a net monthly service fee to Depository, which will be calculated as described herein, 2.02 Guaranteed Service Fees. All service fees listed on Exhibit B are guaranteed for the entire term and any option year of the Agreement. The service fees will be used in calculating the net monthly service fee, 2.03 Calculation of Net Monthly Service Fee. A written invoice evidencing the services performed for the City by the Depository must be mailed to the City at the end of each month for each account. This invoice must also contain a section summarizing the services provided and the fees for services for all accounts. The City will have five working days to confmn the services performed. After the City has confirmed the services performed by the Depository, the City agrees to pay a montWy net service fee for the services provided by Depository. The monthly net service fee is to be calculated as follows: The Depository will calculate total earnings credit for all City account balances grouped together and not for single account balances. The Depository will calculate the total montWy service fees for all accounts. If the total service fees are greater than the total earnings credits, then the difference between the two will be the net depository service fee for the month. 2.04 Payment of Net Monthly Service Fee. The Depository will not debit a City depository account for the net montWy service fee until the Depository and the City agree that the net monthly depository service fee is correct. The net montWy service fee will be allocated among accounts as designated by an Authorized City Representative. 2.05 Representations of Depository. The Depository must: (a) keep the City funds covered by this Agreement; (b) faithfully perform all duties and obligations imposed on the Depository by law and under this Agreement; (c) pay on presentation all checks drawn and properly payable on a demand deposit account with the Depository; (d) pay all transfers properly payable as directed by an Authorized City Representative; (e) provide and maintain security at the level required by the provisions of Chapter 2257, Government Code and this Agreement; and (f) account for the City funds as required by law. 2.06 Electronic Cash Manaeement Services. The Depository must provide electronic cash management services. Using Internet access, the City through an Authorized City Representative must be able to access and transmit a variety of balance and transaction information as required in this Depository Services Agreement. Any necessary software to perform these services, including but not limited to, stop payments, wire transfers, account balance and transaction information, and transmission of Automated Clearing House ("ACH") debit or credit transactions, will be made available at no charge by the Depository to the City. 2.07 Deposits. The Depository must accept all deposits made by the City during the term of 5 the Depository Services Agreement. The Depository must accept City deposits for ledger credit until 3:00 p.m. each business day. The City reserves the right to exclude deposits made on behalf of the Corpus Christi Fire Fighters' Retirement System and any other special funds which are controlled by entities separate and apart from the City. 2.08 Items Deposited. All payments made directly to the City by customers will be sent to the bank unencoded. 2.09 Automated Information Reportin2. Using Internet access, the City must be able to access, for each City account, the previous day's ending ledger balance, collected balance, float, and debit/credit detail by 8:00 a,m. daily. By this same deadline, this information must be combined to reflect totals for all City accounts taken together. 2.10 Items Processin2 Service. The Depository must provide the following items processing services for all items of checks and cash deposited by the City. Such items processing services include but are not limited to the following: encoding services, credit and debit advices given to the City within three business days of the debit or credit, clearing returned items, and return of stamped duplicate deposit slips to the City within one business day of deposit. The City intends to deposit all revenues directly to the Depository by courier. The deposits will be made in batches with a tape to be provided for each batch. If the Depository Item Processing Department discovers an error in the deposit, then the Depository must prepare a credit or debit advice and mail it to the City immediately after the account has been adjusted. The Depository must also mail the appropriate documentation attached to the debit or credit advice to justify the correction, Appropriate documentation is considered to be a copy of the City's tape with the item in question marked and a copy of the check in question. 2.11 Check Sortin2 Requirements. Any account that has more than 400 checks must be fine-sorted in numerical order 2.12 Insufficient Funds (NSF)/Returned Items. A complete description must be provided on all NSF/returned items deposited into City accounts. The description should include the Payor's name, applicable City department, and reason for return. All NSF/retumed items must be charged back to the account to which the items were deposited provided that the City department is identified by endorsement stamp or other readily identifiable means on the item. The Depository will send the NSF/returned items to the City department or other business designated by an Authorized City Representative, 2.13 Stop payments. Stop payments must remain in effect for at least six (6) months. By using Internet access, the City through an Authorized City Representative must be able to initiate stop payments. Placement of stop payments through the Internet does not require follow-up written authorization. 2.14 Automatic payroll deposit services. Using Internet access, the City through an Authorized City Representative will electronically transmit City employee payroll data to the Depository. The Depository will receive the data and prepare an Automated Clearing House ("ACH") debit. The Depository payroll account will be debited no sooner than the date of payroll. Exhibit A is the Payroll Calendar for 2006, Procedures for processing the ACH debit are set out herein. 6 2.15 General Wire Transfer Services. Using Internet access, the City must be able to initiate general wire transfer services including initiation of repetitive and non-repetitive wire transfers Wire advices should be mailed within three days of wire debit or credit. The Depository must act upon all electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 3:30 p.m. The Depository must record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty-one (61) days (the period for City notification of discrepancies) following such requests. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, compensation for loss must be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 2.16 Account reconciliation services. All depository statements and paid items must be on a monthly cycle and must be cutoff on the last calendar day of the month. Depository will print all statements on paper and also make them available to City on Cash Manager via the Internet The City will pick up all Depository statements no later than the fifth working day following the assigned cut-off date. If a statement for a City depository account is not cut off as specified in this Agreement, the Depository must reimburse the City for the costs incurred to reconcile the statement, including City employee overtime costs. The City also requires that cleared checks be provided via the Internet. 2.17 Depository Reconcilements. Automated depository reconcilements with Internet access are required for the Vouchers Payable and Payroll accounts and other accounts as required by an Authorized City Representative as transaction volume increases. By using the Internet, the City will electronically transmit reconcilement data to the Depository. Reconcilements must be available for pick up by the City by the ninth working day following the day the data was transmitted to the Depository, "Add/delete" adjustment forms will be provided by the Depository. The Depository will transmit reconcilement information to the administrators of the City's health care and worker's compensation accounts and others as designated by the City. 2.18 Checkine with Interest Accounts. If designated by an Authorized City Representative, a demand deposit account will be set up as interest bearing and interest will be paid montWy. Interest rates will be those set for public fund interest bearing accounts. 2.19 Controlled Disbursement Service. Specific accounts as designated by an Authorized City Representative will be controlled disbursement accounts. By 11: 15 a.m. each day, the City must be able to access same day information concerning controlled disbursement clearings using the internet. 7 2.20 Zero Balance Accounts. Specific accounts as designated by an Authorized City Representative will be zero balance checking accounts for ease in reconciling and record keepll1g 2.21 Check Cashin2.. Depository will pay on presentation all checks drawn and properly payable on a City demand deposit account at no charge to the payee or to the City. 2.22 Deposit Locations. The City will have the option to make Deposits at the Depository's main Corpus Christi ot1ice or at any of Depository's Corpus Chlisti branches. A deposit ticket will be presented to the Depository with each deposit. The Depository will route specified deposit ticket copies to the City on a daily basis, 2.23 Overdrafts. The City does not intend to have an overdraft position on any of its depository accounts throughout the course of the depository services contract. If a check or checks presented for payment on any City account where there exists insufficient funds available for payment, the Depository agrees to pay said checks and promptly notify the Finance Director or Authorized City Representative of the existence of the overdraft situation. The City agrees to cover the overdraft within one business day. 2.24 Authority of Authorized City Representative. An Authorized City Representative may request depository services as required to implement this Agreement. An Authorized City Representative may open a depository account. The Depository may not require corporate resolutions or other documents to establish depository accounts at the request of an Authorized City Representative. However, the Depository may require a signature card and those documents required by Federal law to open an account. 2.25 Investment Services. The City reserves the right to exclude from the terms of this Agreement, investment in certificates of deposits, government securities, fully collateralized repurchase agreements or similar instruments authorized by law. 2.26 Account Executive Service. The Depository agrees to assign one of its officers employed by the Depository in Corpus Christi to coordinate the depository relationship established under this Agreement. The assigned officer is responsible for responding to questions from an Authorized City Representative. The assigned officer will perform necessary research to promptly respond to questions or concerns of the City regarding its accounts. The assigned officer of the Depository will meet with the City at least once a month to evaluate the working relationship between the City and the Depository and to address any problems. 2.27 Reports. The Depository will provide quarterly reports of income/condition (required by the FDIC) by the 15th day following the reporting deadline for each quarter. 2.28 Direct Debit of Utility Customers The City will electronically transmit data to the Depository regarding those City utility customers who have previously authorized the City to directly debit their demand deposit accounts for City utility bills. Upon request by the City, the Depository will provide this pre-authorized direct debit service. The Depository will receive the data and prepare an ACH debit in accordance with the operating rules of the South Western Automated Clearing House Association and the operating rules of the National Automated Clearing House Association and as provided herein, 8 ARTICLE 3 Security for Deposits 3.01 BacklZround. As security for the deposits of the City, the Depository must pledge to the City securities equal to the largest total ledger balances the City maintains in the Depository, less the amount of coverage provided by the Federal Deposit Insurance Corporation. /\11 funds deposited under the Depository Services Agreement must be continuously secured in accordance with applicable federal laws and regulations as well as the laws of the State of Texas mcluding but not limited to the Public Funds Collateral Act, Yernon's Texas Government Code Section 2257.001 et. seq. and Subchapter C Security for Funds Held by Depository of Yernon's Texas Local Government Code, 3.02 Qualification as Depositorv. The Depository must, no later than five days before the commencement of the term of this Depository Services Agreement, pledge security for the funds to be deposited by the City at the Depository as provided by Subchapter C, Security for Funds Held by Depository of Chapter 105, Depositories for Municipal Funds of the Texas Local Government Code, Chapter 2257, Public Funds Collateral Act, Government Code, and this Depository Services Agreement. 3.03 Collateral Provision of Financial Institution Reform. Recovery and Enforcement Act lFIRREA). The Depository must provide certification that the Depository has complied with all requirements of the Financial Institution Reform, Recovery and Enforcement Act (FIRREA) and FDIC policies which may apply to the City's security interests in the pledged collateral and must specify the officers of the Depository who are authorized to sign agreements with the City, Prior to the initial pledge of securities under the Depository Services Agreement, the Depository must (a) execute a Security Agreement- Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all ofthe City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement-Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.04 Permissible security. Only the following types of securities are acceptable to the City to secure City deposits: (I) a treasury note of the United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. (2) an obligation of an agency of the United States, provided that (i) the market value can be readily established, (ii) the obligation has been approved by an Authorized City Representative. 3.05 Custodian of Pled2ed Securities. The securities pledged by the Depository as collateral for City deposits must be deposited with a Texas branch of the Federal Reserve Bank, ("the Custodian"), in escrow in a safe-keeping account held in the name of the City, (''the Custodian Account"), The Custodian Account must require the authorization of both the Depository and an 9 Authorized City Representative to release pledged collateral. The Custodian, upon receipt of pledged securities, must promptly issue and deliver to the Authorized City Representative trust receipts for the secUlities pledged, The securities must be held by the Custodian. The Custodian may not transfer or deposit the securities in another institution without the prior written authorization of an Authorized City Representative. 3.06 Amount of Collateral. Securities pledged by the Depository to secure City funds on deposit identified with federal taxpayer identification number 74-6000574 must have a market value 01 at least six million dollars ($6,000,000) or as designated in writing by an Authorized City Representative. During the City's tax season, which occurs from October through March, the Depository must provide additional collateral in accordance with this Agreement. Securities pledged by the Depository to secure City funds identified with federal taxpayer identification number 74-2442464 must have a market value of at least four hundred seventy five thousand dollars ($475,000) or as designated in writing by an Authorized City Representati ve, 3.07 Determination of Market Value. The market value of a security is to be determined by an Authorized City Representative from a third party source (i.e Primary dealer, Wall Street Journal) and is binding on the Depository 3.08 Chare.es for Collateral. Depository. There are no charges for the collateral provided by the 3.09 Federallv Insured Deposits. The Depository is not required to provide security for the deposit ()fCity funds to the extent deposits are insured under 12 U.S.c.A., Sections 1811-1835a. 3.10 Additional Security. An Authorized City Representative may by written order require the Depository to pledge additional collateral at any time it is determined to be advisable. Additionally, if, for any reason, the total City balance on deposit with the Depository exceeds the market value of pledged security, the Depository must immediately pledge additional securities to the City. Any additional security pledged must meet the requirements of this Depository Services Agreement and must be approved by an Authorized City Representative. Failure to pledge additional securities on the day the Depository is provided notice constitutes grounds for City Council to select a new depository as required by law and terminate the Depository Services Agreement. Prior to the pledge of additional securities under the Depository Services Agreement, the Depository must (a) execute a Security Agreement- Pledge and ancillary agreements necessary to effect the pledge of additional securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement-Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 10 3.11 Substitution of Securities. The Depository may substitute one security for another provided that the security meets the requirements of this Depository Services Agreement; the substitution is approved, in writing, by an Authorized City Representative and the Depository. Prior to such substitution of securities, the Depository must (a) execute a Security Agreement- Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement- Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository, 3.12 Release of Security. If the securities pledged by the Depository exceed the amount required under this Depository Services Agreement, an Authorized City Representative may authorize the release of the excess. Such release must be approved in writing by an Authorized City Representative. 3.13 Records and Audit. The Depository must maintain separate, accurate, and complete records relating to the deposit of public funds, the pledged investment securities, and all transactions relating to the pledged investment securities, The Custodian must maintain separate, accurate, and complete records regarding the pledged investment securities. All such records must be subject to any internal or external audit or regulatory examination of the Depository or Custodian. 3.14 Documentation to Be Provided to City. The Depository and Custodian must provide documentation relating to the description of securities pledged as collateral, substitution of pledged securities, pledge of additional securities, and withdrawal of excess securities to the Authorized City Representative. A certificate as to the then market value of securities pledged as security hereunder must be provided to the Authorized City Representative at least monthly. 3.15 Surrender of Interest on Securities. Upon the request of the Depository, the City must surrender, when due, interest coupons or other evidence of interest on securities if the remaining value of the securities pledged are adequate to meet the requirements of this Agreement. ARTICLE 4 Account Transfers 4.01 Electronic. Telephonic. Tele2raphic or Oral Requests for Account Transfers. The Depository is authorized to honor, execute and charge City accounts for electronic, telephonic, telegraphic or oral requests: (a) for the transfer of funds from designated City accounts to any other City depository account, whether the account is with the Depository or another fmancial institution; or (b) for the transfer of funds from designated City accounts to the account of or the credit of a third party, whether the third party account is with the Depository or another financial institution. 11 All requests must be properly identified as being made by an Authorized City Representative in compliance with the Depository's transfer procedures. 4.02 Internal Transfers. An Authorized City Representative will periodically need to transfer funds from one City account to another to reimburse Payroll, Vouchers Payable, and other accounts. 4.03 Instructions for Transfer. The Depository must act upon all electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 2:30 p.m. 4.04 Immediate Credit. The Depository must give both ledger and collected credit the day of the wire receipt, regardless of the time the Depository receives the transfer through the Fed wire System, Credit to City accounts for incoming wire transfers must be immediate. 4.05 Davlhzht Overdraft Policv. The City actively invests in marketable secunhes. An outgoing wire transfer will be made in the morning for the reinvestment of funds expected by an incoming wire transfer. The Depository must allow the City to reinvest and to wire funds out in anticipation of an incoming wire transfer later in the day. The Depository will not charge the City for daylight overdrafts. \\Then a daylight overdraft is anticipated, an Authorized City Representative will notify the designated depository official of the situation. 4.06 Notification of Funds Transfers. Notification to the City of incoming wire transfers or problems with outgoing wire transfers must be made within one hour of the transaction. The City allows two authorized employees to initiate repetitive transfers. All authorized employees will be issued a personal identification number in order to initiate wire transactions. If the wire transfer is initiated over the telephone, the Depository must telephone the City and specifically request to speak to an Authorized City Representative other than the person initiating the wire to verify that the wire is authorized prior to releasing the wire, 4.07 Records. The Depository must record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty-one (61) days (the period for City notification of discrepancies) following such requests. The City agrees to report any discrepancies between the City's records and the Depository statement to the Depository's wire transfer department in writing within sixty-one (61) days after the statement date. 4.08 Discrepancies/Loss of Interest/Error. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, the Depository agrees that compensation for loss must be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 4.09 Deshmated Accounts. Account Transfers may be made from the other accounts as designated by an Authorized City Representative. 12 ARTICLE 5 Other Financial Services 5.01 BailorlBailee Relationship. Until deposits are credited to the City as evidenced by validation of duplicate deposit slips, the relationship between the City and the Depository as to all contents must be that of Bai lor and Bailee. The Depository must be responsible and liable to the City for use of that degree of care required under the laws of Texas for Bailees having custody of property of other persons, 5.02 Custody. Safekeepinl! of Governmental Ae.encv Securities. The Depository agrees to handle all purchase and sale of securities on a delivery versus payment or payment versus delivery basis (i.e. for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank or further credit to the City's safekeeping banle In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner, the City will always have possession of either the securities or its monies on a delivery versus payment basis. The cost of safekeeping securities, processing purchase/sale transactions, and coupon interest payments are listed on Exhibit C. The City will send written instructions to the securities clearance department for each transaction. Most of these instructions will be sent by facsimile to assure the timeliness of the operation. It is specifically provided that when a City security matures, or when a City security is purchased, funds wi 11 be transferred from or to the Combined Operating account, the Bond Funds account, or another account as directed by an Authorized City Representative. The Depository must give prompt notification to the City of any settlement problems, including securities delivered where the instructions do not match or where instructions have not been given to the Depository. All securities must be perfected in the name of the City. All book entry securities owned by the City must be evidenced by a safekeeping receipt issued to the City. The original safekeeping receipt for each transaction will be forwarded to the City. Depository may require a signature card in the safekeeping area, ARTICLE 6 General Provisions 6.01 Automated Clearinl! House ("ACH") Membership. The Depository must be a participating depository in the Southwestern Automated Clearing House Association to be able to deliver debit and credit payments for the following transactions: City employee payroll Account and Pre-authorized City Utility Customer Debits. An Authorized City Representative must establish use of additional ACH transactions in writing. The Depository warrants that it is a participating fmancial institution in the Southwestern Automated Clearing House Association ("SW ACHA"), which provides facilities for the exchange of electronic funds transfers among its members, and other automated clearing house associations within the United States by utilizing the capacities of the National Automated Clearing House Association (''NACHA''). The Depository acknowledges that it must comply with the rules, as may be amended, for the notification, posting, or transfer of funds by means of electronic credit transfer facilities. The Depository is required to comply with the procedures of the SW ACHA and NACHA including, but not limited to, matters such as input format, data 13 acceptance criteria, return item handling, adjusting entries, and dishonored entries. 6.02 Charl!inl! of Fees. The Depository is authorized to charge the City accounts upon direct authorization by an Authorized City Representative for: i a) charge backs on correction of mathematical error, and i b) bank service fees owed to Depository, including Deficient Balances Before Services, Deficient Balances Before Services need to be reviewed on a quarterly basIs fix fee assessment. The Depository or the City will not change the schedule of fees as listed on Exhibit C during the initial term of this Agreement or during any option year. 6.03 Confidentiality. Audits and Inspections. All information assembled by the Depository under this Agreement is to be kept confidential and not be made available to any individual or organization without the prior written approval of the City. At reasonable times during regular business hours, the Depository will make available for examination by the City, its duly authorized agent, accountant, or legal representative, pertinent copies of statements and debit and credit items supporting such statements, relating to the City's accounts. 6.04 Recalls. Debit Adiustments and Other Adjustments. The Depository is required to process recall or adjustment requests upon verbal authorization by an Authorized City Representative followed by written confirmation by the City if possible, but no later than four (4) working days after the request. 6.05 Compliance with Law. The Depository represents to have the expertise and persOlll1el required and necessary to perform the services under this Agreement. The Depository acknowledges that it is fully qualified, authorized, and willing to comply under federal, state and local law to perform the services described in this Agreement. 6.06 Indemnification. The Depository fully indemnifies, saves, and holds harmless the City of Corpus Christi, its officers, employees, and agents against any and all liability, damage, account of personal injuries (including, without limitation on workers' compensation and death claims). or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with: (a) the Depository's failure to fulfill any of the terms and conditions of this Agreement; (b) any violation by Depository of any applicable federal or state law, rules, or regulation resulting from any act or omission of the Depository or its agents and employees which caused a direct loss to the City under this Agreement. The Depository may, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions, pay all charges of attorneys or other expenses of any kind arising from liability, damage, loss, claims, demands, and actions. This indemnification will not be construed to require indemnification of such injury, loss or damage which may be caused or arise from the negligence of the City, its officers, employees, and agents. 14 The City agrees to indemnify, save and hold harmless, defend or pay the defense cost of the Depository, its officers, agents, and employees from and against any and all lawsuits, claims, demands, liabilities, losses or expenses, including court costs, attorney and expert witness fees, from or arising out of negligence of the City under the terms of this Agreement or the City's failure to fulfill any of the temlS and conditions of this Agreement. 6.07 Term. The teon of this Agreement will begin following the signing of the Agreement, which is to commence on January 24. 2006 and expire on December 31, 2009, or until a successor Depository is appointed and qualified, The City may, by 90 day written notice to Depository, terminate this Agreement during the remainder of the initial term and any option terms. Upon completion of the initial term, either party may elect to terminate any option term with 90 days prior written notice. Unless terminated, this Agreement will automatically renew for one additional one-year term, All service fees must be guaranteed for the initial term of the Agreement and any option year. All service fees are guaranteed for the entire term of the Agreement and any option year. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Depository, at the option of the City, will be delivered to the City and become the property of the City. 6.08 Duties After Termination. All obligations of the parties made or incurred or existing under this Agreement as of the date of termination with respect to transactions initiated prior to the effective date of tennination will survive such termination, including but not limited to, Depository's obligation to retain duplicates of transaction receipts and credit slips and any continuing obligation of the Depository with respect to charge backs. Upon termination of this Depository Services Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Depository, at the option of the City, will be delivered to the City and become the property of the City. 6.09 No Endorsement. The Depository is not authorized to advertise or publish, without City's prior written consent, the fact that the City has entered into this Agreement will be construed as if such provision was not a part of this Agreement. 6.10 Notices. Notices provided herein will be in writing and delivered to: On behalf of the City: City of Corpus Christi David Hedberg, City Treasurer P,O. Box 9277 Corpus Christi, TX 78469-9277 On behalf of the Depository: Frost Bank Tom Frost III, Senior Executive Vice President P. O. Box 1600 San Antonio, Texas 78296-1600 6.11 Assimment. Any party may not assign this Agreement without the prior written consent of the other party. 6.12 Force Maieure. Neither party will be responsible for losses resulting if the fulfillment of any terms or provisions of this control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence, said party is unable to prevent. 15 6.13 Conflicts of Interest. The Depository agrees to maintain current, updated disclosure of information on file with the Director of Finance throughout the term of this Agreement as may be required hy the City Code of Ordinances or the City Charter 6.14 Equal Employment Opportunity. The Depository agrees that during the performance of this Agreement. it will a) treat all applicants and employees without discrimination as to race, color, religion, sex, national Oligin, marital status, age, or handicap, and ; b) identify itself as an "Equal Opportunity Employer" in employment advertising or requests. The Depository will be advised of any complaints filed with the City alleging that the Depository is not an Equal Opportunity Employer, The City reserves the right to consider its reports from the Human Relations Administrator in response to such complaints, 6.15 Entire AID"eement. This Agreement and all Addenda, as may be updated, constitute the entire agreement between the parties and will supersede all previous negotiations, commitments, and contracts. 6.16 Governin2. Law and Venue. To the extent this Agreement is not governed by applicable federal laws and regulations, this Agreement will be governed by and construed in accordance with laws of the State of Texas. Any suit brought in connection with this Agreement must be tried in Nueces County, Texas 6.17 Notification of Chan2.es in Depository Laws. The Depository must notify the City in writing within ten (10) days of any changes in federal or state regulations or laws that would thereafter affect the Depository Services Contract. The Depository must also notify the City of any services, which become available to the City throughout the contract period. 6.18 Monthly Reports. The Depository will provide to the City each quarterly CALL report (Schedule RC only) as well as any public information concerning changes in the ownership, management or financial position of the Depository or its parent company. 6.19 Corporate Resolutions Not Required. The Depository will not reqUlre corporate resolutions when an Authorized City Representative opens an account. 6.20 Hierarchy of Contract Documents. The Depository Services Agreement, RF A amendments, RFA, and Depository's Application will constitute the contract documents. Unless specifically referenced by an RFA amendment, all requirements, terms and conditions stated in the original RF A will apply. Any inconsistencies will be resolved in the following order of priority a, b Depository Services Contract RF A Amendment RFA Depository's Application c. d. AGREED TO BY: 16 THE CITY OF CORPUS CHRISTI B'r NAME: TITLE: DATE: ATTEST: George K, Noe City Manager Armando Chapa, City Secretary Approved as to form this the _ day of, 2005. Mary Kay Fischer, City Attorney By: Assistant City Attorney DEPOSITORY BY: NAME: TITLE: DATE: 17 EXHIBIT A PAYROLL CALENDAR FOR 2006 PAY DATE 01/13/2006 01/27/2006 02/10/2006 02/24/2006 03/10/2006 03/24/2006 04/07/2006 04/21/2006 05/05/2006 05/19/2006 06/02/2006 06/16/2006 06/30/2006 07/14/2006 07/28/2006 08/11/2006 08/25/2006 09/08/2006 09/22/2006 1 0/06/2006 1 0/20/2006 11/03/2006 11/17/2006 12/01/2006 12/15/2006 12/29/2006 18 EXHffiIT B MONTHLY PRICING SUMMARY FORM GENERAL ACCOUNT SERVICES VOLUME UNIT PRICE TOTAL PRICE Account Maintenance Hi 40000 64,00 Dellits Posted 4045 0,0400 161,80 Credits posted 1,859 0,1500 278.85 Deposit Proc - feller aTC 6 3 5000 21,00 Zero Balance AcctngTransfers 100 0,0000 0,00 Photocopies 2 2.0000 4,00 Statements Rendered 16 2,0000 32.00 Special Signature Req-Base Fee 11 3.0000 33.00 Special Signature Req-Items 900 0,0200 18.00 Total General Account Services 612.65 LOCKBOX SERVICES Retail Monthly Maintenance 50.0000 50,00 Nholesale Cas!' Processing 1,0000 1,00 Retail Item 39,713 o 1800 7,148.34 Retail Cash Processing 1 10000 1,00 Data TransmiSSion 1 50.0000 50,00 Retail CD-Rom Monthly 1 25,0000 25.00 Retail CD Image. Check 39,713 0,0075 297.85 Retail CD Image Coupon 38,982 0,0075 292.37 f,,-etail Image Delivery - Internet 1 50,0000 50.00 Branch Deliver" 1 2,0000 2.00 Retail Unprocessable 133 0,1800 23.94 Retail Check Only 1,893 0.2800 530.04 Total Lockbox Services 8,471.53 DEPOSITORY SERVICES Partial Bag of Loose Coins (ne if < $25,00) 69 2,5000 172.50 Cash Oep Proc Cash Amt Flat 1,422 0.0000 0.00 Cash Oep Proc Cash AmI Per 1000 2,224 0,2500 556,00 Rolled Coin Furnished - Com 293 0.0500 14.65 Minimum Change Order 9 5.5000 49,50 Strap Currency Furnished - Com 68 0.4000 27,20 Cash Dep Processing Fee I 1,574 0,0000 0,00 Cash Dep Processing Fee III 7,587 0,0000 0,00 Cash Dep Processing Fee Ii 5,053 0,0000 0,00 'In Us Items 7,159 0,0100 71.59 ;",ocal RCPC Items 25,959 0,0300 778.77 Transit Clearing 8,786 0,0500 439,30 Local Statewide Clearing 7,557 0,0200 151,14 ; 1 th Fed Country Items 84 0,0500 4.20 Other 11 th Fed City Items 479 0,0300 14.37 Other 11 th Fed RCPC Items 9,388 0,0500 469.40 Pre-Encoded Reject Items 965 0,0000 0.00 Return Items 337 1,0000 337,00 19 :'eclear 'tell"" 10000 1700 Jeposit Corrections 1f) 60000 96.00 _ocar Cit\ !tE'!T]:; ';~::'4 O,CJ200 32.48 Total Depository Services 3,231.10 PAPER DISBURSEMENT SERVICES =ontrolled Od~ Activit, 1 ii' 0,0400 4,00 "ositlve F'ay '"aid Reject lerl'~ 0,1000 0,50 :::Jositlve "ay " lstCcj o 1000 218,70 )nline S t)P ';Jyrnent 5 0000 45,00 Positive Pay Rejected lteITl!, L-i 0,1000 1AO Cash ManagH Imagee, 0,0500 135 ',::0 Rom Ser vice - Per I tell' 7 "IV 0,0200 150,74 Total Paper Disbursement Services 421.69 DISBURSEMENT RECONCILIATION Full Check Peco 1. 96 7 0.0400 78,68 Partial Cheu Reco '16" 0,0200 19,24 -"Iccount Reconciliation o 0000 0,00 Total Disbursement Reconciliation 97.92 GENERAL ACH SERVICES ACH Origination. Item 10204 0.0400 408.16 -"ICH Monthly Fee o 0000 0.00 -"ICH Addenoum Record II,/'Jut ;)4:~ 0,0500 27.15 -"ICH Incominq Debits J'J 0.0400 3.96 -"ICH Incomil/CJ Credits 'lIT o 0400 20.28 Add DebiUCledit to ACH "iie 1 0.0000 10.00 ACH Return, tem "l1 10000 61,00 ACH Reversals 10,0000 30,00 Redi Statement Fax Fee 1 t~ 5 0000 90.00 Return ACH r,otice - Pllone ,) 50000 15.00 Total General ACH Services 665.55 WIRE AND OTHER FUNDS TRANSFERS ced Wire Olit Type 10 NOI1Rep 50 5,0000 250,00 Book Transff,r Non-Repetitive 7.0000 9100 incoming Fed Wires n 4 0000 108.00 Wire Advices Mailed q 1 5000 13,50 Total Wire and Other Funds Transfers 462.50 INFORMATION SERVICES Balance & Activity Services 50,0000 50,00 Draw Reponlllq o 0000 0,00 PrevIous Reporting 16 0,0000 0,00 Total Information Services 50.00 INVESTMENT/CUSTODY SERVICES Custody. Fixed Income Receipts 49 0.6000 29,40 Custody Assets Per $10M BE 24 905 00100 249,05 Custody Monthly Maintenance 10,0000 10.00 Custody Interest Payments 10000 3.00 20 :learance - ,oed Non-ABS/MBS ::ustody Maturity Payments lee1l ance - '~ublic Fund" Total investment/Custody Services ..11ar,;e If trades Llre made with Frost Bank rota I Activity Charges 8 200000 10.0000 (10000 160.00 70.00 0.00 521.45 14,534.39 21 EXHIBIT C Attached to and made a part of the City of Corpus Christi Depository Services Agreement AUTHORIZATION FOR DEPOSITORY ACCOUNTS As the duly appointed and authorized City Manager of the City of Corpus Christi, I designate the officers listed below as the Authorized City Representatives of the City of Corpus Christi. The signatures below are the signatures of the Authorized City Representatives vested with full authority to sign and transact business for the City including, but not limited to, Account Transfers, open and close accounts, request reports, or authorize other signatories to specific bank accounts. The signatures of the officers subscribed below are true and genuine: David Hedberg, City Treasurer Jerome Joslin, Investment Analyst Dehorah Balli, Controller Constance P. Sanchez, Assistant Director of Financial Services Cindy O'Brien, Director of Financial Services This Authorization for Depository Accounts is entered into in addition to and will not amend, modify. waive, or revoke any of the terms of the City of Corpus Christi Depository Agreement except as expressly provided herein. This authorization is entered into to facilitate the electronic transfer of funds or administration of the services to be provided pursuant to the City of Corpus Christi Depository Agreement. It is not intended to empower Authorized City Representatives to approve or accept amendments, waivers, or new provisions or terms to the Depository Agreement on behalf of the City of Corpus Christi. Authonzed City Representatives remain authorized until the Depository receives written notification revoking authorization. THIS AUTHORIZATION FOR DEPOSITORY ACCOUNTS is effective this ---1h day of .______ ____, 2006 and revokes all previous authorizations. ATTEST: By__ Armando Chapa, City Secretary CITY OF CORPUS CHRISTI By George K. Noe, City Manager Approved this the day of By Assistant City Attorney for City Attorney ,2006 22 14 CITY COUNCIL AGENDA MEMORANDUM January 24, 2006 AGENDA ITEM: A. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission; providing for severance; and providing for publication. B. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for severance; and providing for publication. ISSUE: The Cable Communications Commission is recommending changes to the ordinance regarding formation and duties of Cable Communications Commission, as well as changes to the rules and procedures for public access cablecasting . REQUIRED COUNCIL ACTION: Approval of the Ordinances. PREVIOUS COUNCIL ACTION: Chapter 2, Division 17 of the City Code of Ordinances regarding duties of Cable Communications Commission was last amended in October 2005. The Rules and Procedures were last amended in July 2005. CONCLUSION AND RECOMMENDATION: Approval of the Ordinances Ute Sil/t.l ~~tJf( Susan Cable Director, E-Government Services BACKGROUND INFORMATION The following changes to the public access rules have been recommended by the Cable Communications Commission and cable operators: 1. Rules for participation: All programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least twenty- five percent (25%) locally produced content. 2. Tape label: The title of program as it appears on the producer's application must be listed on tape label. 3. Tape identification requirements: There must be 30 seconds of blue or black at the beginning and end of a program. 4. Local production: Only programs created by a producer may be transmitted; 5. Application: To require that producers submit a completed application approved by the Cable Communications Commission to the access user group board of directors; 6. Locally produced programming means programs produced in the Corpus Christi region by producers. 7 Producer: means any resident of Corpus Christi, 18 years of age or older, with proof of residency. A producer must pay any fees required by the access user group and execute approved program contract. A producer is an individual or organization who meets the above stated requirements and participates in or is responsible for the creation of a local, non commercial program for the public access channels. The Channel 10 Public Access User Group initiated items 2, 3, and 5 above. At several meetings, the Cable Communications Commission and Time Warner discussed the need and options for clarifying the definition of a producer, with the goal of clarification and reduction of confusion and complaints. Another goal of the Cable Communications Commission was to conduct a full review of the Rules and Procedures to make recommendations for amendments, rather than to be submitting individual items. A committee with representatives from the Cable Communications Commission, City staff, Time Warner and Channel 10 and Channel 18 PAUGS met to review proposed changes to the Rules and Procedures and made recommendations for amendments to the Cable Communications Commission. The following changes to the Chapter 2 ordinance regarding the Cable Communications Commission have been recommended by the Cable Communications Commission: 1 Cable subscriber requirements: Each commission member is encouraged to have access to local cable communications system holding a franchise in the city. 2. PAUGs: Each public access channel must establish an access user group. 3. Rules and regulations: Public access user group must follow the Rules and Procedures for Public Access Cablecasting, which were established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. In 2005, Grande Communications terminated their franchise agreement with the City and established a franchise agreement with the State of Texas as allowed by S85. The Cable Communications Commission is recommending an update to City ordinance to ensure that the City does not require a Commission member to select service with one local cable operator over another. In the new franchise agreement with Time Warner approved by City Council in 2002, public access programming moved to "Plug and Play," and an access user group was required for each public access channel to coordinate collection and delivery of tapes and administration of rules and procedures. With the implementation of Plug and Play for public access cablecasting in 2002 and with multiple public access channels, rules and procedures were standardized for all public access user groups in the Master Cable Services Regulatory Ordinance approved by City Council in 2002. These amendments were recommended by the Cable Communications Commission to update the Section 2 ordinance to be consistent with the Master Cable Services Regulatory Ordinance and with changes in the City cable franchise agreements. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CABLE COMMUNICATIONS COMMISSION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Sections 2-181 through 2-184 of the City Code of Ordinances are amended to read as follows: "Sec. 2-180. Establishment. There is hereby created a cablo communications oommission Cable Communications Commission for the city. The cable oommunioations commission Cable communications Commission shall consist of five (5) residents of the city appointed by the city counoil City Council. No person or employee with ownership interest in a cable communications franchise granted by the Gity City Council shall be eligible for membership on the commission. Each commission member shall be at the time of appointmont, or shall become within thirty (30) days 3fter appointment or the avaibbility of cablo servioe, a subsoriber to a is encouraged to have access to local cable communications system programming holding a fmnchise in tho city. Sec. 2-181. Membership and organization. (a) All members of the cable communications commission Cable Communications Commission shall serve for three-year terms or until their successors are appointed and qualified Terms shall expire July 27 each year. (b) Immediately upon organization of the cable commission Cable Communications Commission, the commission shall select from its membership a chairperson and vice- chairperson whose terms shall be one year. Such chairperson and vice-chairperson may be reappointed and re-elected. The commission shall meet in regular monthly meetings, to include four evening meetings, at the call of the chairperson, and at such other times as may be provided by its rules. The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the commission. All meetings of the Gable communications commission Cable Communications Commission shall be public except for matters which qualify for a closed session in accordance with state law. The minutes of said cable oommunioations commission Cable Communications Commission shall be available for examination in the office of the city secretary during regular business hours. The members of the commission shall serve without compensation. Sec. 2-182. Duties. January 2006 ece ordinance amendmentsDOC 2 The cable communications oommission Cable Communications Commission shall have the following powers and duties: (1) To advise the city council City Council on adherence to the provisions of any franchise agreement approved by the city council City Council and recommend regulations not inconsistent with the terms of such franchise. (2) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) To work with access user groups to develop rules and regulations which are not in conflict with the terms of the franchise agreement. (4) To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (6) Report annually to the council City Council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions Including amendments to the ordinance or franchise agreement. (7) To advise the city council City Council on future applications for franchises. (8) To acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (9) To certify access user councils Qroups, and reporting such certification to the city secreta ry. (10) To establish rules and regulations fer use of public aocess channels until such time as a public access user council has been certified. To ensure that public access producers comply with the Rules and Procedures for Public Access Cablecasting established in the Master Cable Services ReQulatorv Ordinance approved by City Council in 2002, as amended. (11) To approve the rules and regulations of certified access user councils for use of access channels. ~f11l To resolve disputes concerning program content, allocation of access funding, channel space, and channel time. ~ illl To coordinate access activities of access users and user councils Qroups. Sec. 2-183. Access user councils Qroups. JANUARY 2006 ece ORDINANCE AMENDMENTS Doe 3 (a) One (1) access user council aroup may be established for governmental channel access, public higher QLeducational channel access, other public eduoation ohannel ac08SS,. Each public access channel respectively, must establish an access user group. All user groups, by application to the cable oommunioations commission Cable Communications Commission chairperson and the city secretary and oertiflcation must be certified by the cable communications commission Cable Communications Commission. Upon certification, an access user council aroup shall have the following duties and responsibilities: (1 ) To establish follow guidelines, rules and regulations for the use of applicable access channels, subject to approval by the cable oommunications commission Cable Communications Commission. Public access producers must establish an access user oroup for each public access channel and follow the Rules and Procedures for Public Access Cablecastino as established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002. as amended. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access users in television production methods and techniques. (4) To report to the cable communications commission Cable Communications Commission on the utilization of access channel space and access channel programming. (5) To promote public awareness, use, and viewership of access television programming and actively seek additional membership from among individuals or groups in the access user council's oroup's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access channels. (7) To review program content to ensure compliance with established laws, rules and regulations. (8) To establish its own bylaws concerning organization and decision making within the access user council orouP. A copy of such bylaws shall be submitted with the access user council's oroup's application for certification. Changes to such bylaws shall be filed with the chairman of the cable communications commission Cable Communications Commission and the city secretary City Secretary within thirty (30) days after any change occurs. (b) Membership on the access user councils oroups may be composed of any individuals who are residents of Corpus Christi as well as representatives of various community, public interest or neighborhood groups which are located in Corpus Christi. Membership may also include, as appropriate, representatives of: (i) city departments; (ii) governmental entities; (iii) public institutions of higher learning; (iv) public JANUARY 2006 CCC ORDINANCE AMENDMENTS. DOC 4 independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access user counoils aroups shall be publicly posted on the public notices bulletin board of city hall and filed with the Gity secretary City Secretary. Furthermore, all meetings of access user councils qroups will be open to the public. (c) The access user councils qroups should include, but not be limited to, the following: (1) Governmental access council qrouP. Membership may include interested city department heads, or their designated representatives, and representatives of any governmental entity whose boundaries lie within the city limits. (2) Higher educational access council 9..[Q!!Q. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access~. Membership may include representatives of all public independent school districts located in whole or in part within the city limits. (4) Reserved, (5) Public access council qrouP. Membership may include any individuals who are residents of Corpus Christi as well as representatives of community, public interest, or neighborhood groups which are located in Corpus Christi. Notwithstanding any other provision of this section, representatives of franchised cable operators may be members of the public access council 9IQ!,!Q. (d) Access user councils qroups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. JANUARY 2006 CCC ORDINANCE AMENDMENTS. DOC 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2006, by the following vote: Henry Garrett John E. Marez Brent Chesney Rex A. Kinnison Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Rex A. Kinnison John E. Marez Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST. day of ,2006. Henry Garrett Mayor Armando Chapa City Secreta ry APPROVED: ~h. (?- , 2006 ~-A/K ~ Lisa Aguilar Assistant City Attorney for City Attorney January 2006 CCC ordinance amendments.DOC 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "EXHIBIT A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services Regulatory Ordinance (referenced in section 55-302), amended by Ord. No. 025679, 9 1, adopted Mar. 23, 2004 and Ord. No. 026008, 9 1, adopted Oct. 26, 2004. A uniform style of section designation, paragraphing, and capitalization has been employed so that these provisions, while generally compatible with Code style, may also be distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55. SUMMARY OF ROLES/RESPONSIBILITIES/PROCESS Public access producers: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. · To obtain a regular weekly or monthly time slot, producers participate in biannual public access time slot lottery. These are called series producers. For random placement of nonrecurring show (Le., a show that is not regularly produced), producers submit tapes, which are inserted in available time slots by the PAUG. These are called occasional producers, Public access user group (PAUG): Producers organize themselves according to by- laws, electing among themselves officers and a board of directors. · The PAUG conducts a biannual public access time slot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. The PAUG receives and schedules programming submitted by occasional producers, Public Access Changes draft January 2006 DOC1/12/2006 2 The PAUG collects and makes available to cable operators the schedules and tapes for each channel. · The PAUG administers the rules and procedures; producers may appeal decisions of the PAUG board to the Cable Communications Commission and, after that, to City Council. The PAUG may require series producers to pay nominal fees to offset minor operational expenses. There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable Communications Commission: The Cable Communications Commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission with the consent of the cable operators. These rules may be amended by City Council following recommendation from the Cable Communications Commission or franchised cable operators in the City of Corpus Christi. S 1 Rules for participation. Producers must complete and sign a programming contract. In signing the programming contract, the producer warrants that the following rules will be observed: All programs must be produced by a producer as defined in section 4. All programs shall not be commercial as defined in section 4. · No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501 (c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. Public Access Changes draft January 2006 DOC 1 /12/2006 3 No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. · All proarams must be locallv produced. In order to be classified as a locallv produced proaram. the proaram must contain at least twenty-five percent (25%) locally produced content. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. ~ 2 Technical standards and production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program Format: a. Producers must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, Of Consumer DV tape, or DVD for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from an access user group and/or the cable operator(s). Labeling All producers must clearly label tapes on face of the tape and tape sleeve box as follows. a. Name of individual producer and organization (if applicable) and telephone number b. Title of the program as it appears on the producer's application Public Access Changes draft January 2006.DOC1I12/2006 4 c. Length of the program On the spine of the tape: a. Title of the program Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of blaok or 60 seoonds of black at the beginning of your program. There must be 30 seconds of blue or black at the beginning of your program. b. There must be eo 30 seconds of blue or black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 minutes in length. b All half-hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the Cable Communications Commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. ~ 3 How programs are scheduled. Public access for series producers. Time slots: Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi-annual time slot lottery. Conflicts on requests for time slots will be submitted to the Cable Communications Commission for arbitration. Each producer may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in section 3, Lotteries and Schedules. Pursuant to rules established by the access user group, a producer may substitute another program in place of the repeat program. Onlv programs created by a producer. as defined in Section 4. are eligible to participate in the semi-annual lotteries and are eligible to be transmitted as a public access program. Application: No later than the night of the bi-annual time slot lottery each producer must submit a completed public access cablecasting application approved by the Cable Public Access Changes draft January 2006DOC1/12/2006 5 Communications Commission to their respective access users group board ot directors. including the tal/a'Ning items: a:----- Producer's n:Jme b. Program name c. Length of the program €h--..... Frequency ('Neekly or monthly) The PAUG Board of Directors will provide copies of applications to the Cable Operators no later than two weeks after the time slot lottery is conducted. e. Access channel (10 or 18) (Note: An individual producer or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f Address and telephone number Lotteries and schedules: There are two lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Producers will attend the time slot lottery as noted in a. and b. below. Lotteries will be conducted as follows: a. The spring lottery is conducted in the last week of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. b. The fall lottery is conducted in the last week of October with the new time slots actually beginning on the first Sunday in December. The PAUG Board of Directors shall determine the day and time of the lottery. The public access time schedule will be broken into 30-minute intervals. Each producer will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until aI/ numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each producer, one-by-one, selects an available time slot. After all producers select time slots for their first-run shows, those requesting a repeat showing will then select their time slots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. Public Access Changes draft January 2006.oOC1/12/2006 6 One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional producers. Single time slots of lengths as noted above in section 2, Length, will be available for occasional producers on a first-come, first-served basis. Occasional producers must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. Forfeit of time slot. If a series producer fails to supply tapes for two consecutive weeks for a weekly program, the producer forfeits the time slot for the remainder of that lottery period and the program shall be removed from the schedule for the remainder of the lottery period by the PAUG Board of Directors. A series producer of a monthly program must supply a tape for turn in to the Cable Operator within the first two (2) weeks after the beginning of the new lottery schedule or forfeit the time slot for the remainder of that lottery period or the program shall be removed from the schedule by the PAUG Board of Directors. After that, if a producer fails to supply a tape for a monthly program during the first two (2) weeks of scheduled airing, the producer forfeits the time slot for the remainder of that lottery period. The decision to remove a program from the schedule may be appealed by the producer by submitting an appeal in writing to Office of the City Secretary for the Cable Communications Commission. S 4 Defined terms. Access user group -- As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each producer is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Public Access Changes draft January 2006. DOC 1 /12/2006 7 Commercial programming -- Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Cable Communications Commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming -- means programming taped in the Corpus Christi region, or pertaining to looally speoific issues, or pertaining to 10031 residents. means programs produced in the Corpus Christi region by producers as defined in this section. Producer - Any resident of Corpus Christi. 18 years of age or older. who has proof of residency which must include a local street residence address. a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the access user group and must execute an approved program contract. A producer. by way of definition. is an individual or organization who meets the above stated requirements and participates in or is responsible for the creation of a local. non commercial program for the public access channels. If the local. non commercial program is created by a local organization. such as a church. one person who meets the above requirements must be designated as the producer and will represent the organization with the access user group. For identification purposes. this person's name will appear on identification. either video or audio. and printed on labels. Program identification -- The tag at the beginning and end of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") -- This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Public Access Changes draft January 200600C 1 /12/2006 7 Commercial programming -- Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Cable Communications Commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming - meORS programming taJ*ld in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to looal residonts.means prOQrams produced in the Corpus Christi region by producers as defined in this section. Producer - Any resident of Corpus Christi. 18 years of aae or older. who has proof of residency which must include a local street residence address. a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the access user aroup and must execute an approved proaram contract. A producer. by way of definition. is an individual or oraanization who meets the above stated requirements and participates in or is responsible for the creation of a local. non commercial proaram for the public access channels. If the local. non commercial proaram is created by a local oraanization. such as a church. one person who meets the above requirements must be desianated as the producer and will represent the oraanization with the access user aroup. For identification purposes. this person's name will appear on identification. either video or audio. and printed on labels. Program identification -- The tag at the beginning and end of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") -- This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Public Access Changes draft January 200600C 1 /12/2006 8 Semi-annual time slot renewal period -- A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series -- A locally produced public access show from a single producer. A series can be either weekly or monthly. Producer Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a loc31 street residence address and a loc31 contact telephone number along with valid identification (such as 3 driver's license). 95 Amendments to rules and procedures for public access cablecasting. These rules may be amended by City Council following recommendation from the Cable Communications Commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. 96 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a producer or program violates one or more of the rules identified in section 1. The access user group will inform the producer who produced the program that is the subject of the complaint of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or group. If a Section 1 rule has been violated, the Access User Group Board of Directors will mail written notice of the violation to the producer. The notification letter shall be sent to both the individual producer and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The producer may appeal the decision of the Access User Group Board of Directors to the Cable Communications Commission by physically delivering to the city secretary's Public Access Changes draft January 2006. DOC 1/12/2006 9 office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The Cable Communications Commission shall hold the hearing for appeal within thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The Cable Communications Commission shall promptly render its decision. Appeals of Cable Communications Commission decision may be made to the City Council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the producer will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the producer shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the pUblic access channel shall occur after the later of (a) the last day on which a producer may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints. (1) If a Producer or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the Producer or Access User Group Board of Directors shall follow procedures established by their group's certified by-laws. If a complaint is not resolved within seven (7) working days, a Producer or Access User Group Board of Directors shall submit the complaint, bye-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a Producer or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, from a Producer to the Access User Group and then from the Access User Group Board of Directors to the cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within three (3) working days. If a complaint is not resolved, a Producer or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a Producer or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within Public Access Changes draft January 2006 DOC1 /12/2006 10 three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writing, the cable operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. Public Access Changes draft January 2006.DOC1/12/2006 15 NO ATTACHMENT FOR THIS ITEM