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
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agenda summary)
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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)
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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
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agenda summary)
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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)
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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
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A I R. Escobar, P.E.
Irector of Engineering Services
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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
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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
~
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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
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Page 1 of 1
o 2006 by Urban Engineering
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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-
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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
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(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
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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
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Sanitary Sewer Conection
Mail Reinbll"sement for
Northwest Crossilg Off-Site
15- Gravity Line
o 2006 by Urban Engineering
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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
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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. ~
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PEGGY LANE
Notary Public: State of Texas
My CommlsslOfl ElqJlres
April 27. 2008 _
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MANHATTAN
UNIT
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Manhattan Estates Units 1 and 2 Waterline
12-inch Water Grid Main Reimbursement
8-inch Water Distribution Main Reimbursement
I
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II Exhibit 2 1
I Page 1 of 1
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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
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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
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Page 1 of 1
MANHATTAN ESTATES
UNIT c
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12-inch Water Grid Main Reimbursement
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\ Page 1 of 1
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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
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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
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RE VPAR IS revellue per available room)
N<)vtC'n-.ber' Cy-rD Occupancy Report .04 vs .05
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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
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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
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~
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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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