HomeMy WebLinkAboutAgenda Packet City Council - 01/31/2006
CITY COUNCIL AGENDA
JANUARY 31,2006
Corpus Christi
AI-America cnv
1145 A.M. - Proclamation declaring the month of February as "American History Month"
Recognition regarding the AlA Miami Award for the Arena and Convention Center - City's Award
"At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JANUARY 31, 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 opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information 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 Reverend Keith Wyatt, First United Methodist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro 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:
1. Approval of Regular Meeting of January 24, 2006. (Attachment # 1 )
Agenda
Regular Council Meeting
January 31,2006
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)
2.a. Motion authorizing the City Manager or his designee to accept
additional grant funding in the amount of $8,350 from the
Executive Office of the President, Office of National Drug Control
Policy, to support the Police Department's role in the Texas
Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area. (Attachment # 2)
2.b. Ordinance appropriating $8,350 in the NO.1 061 Federal/State
Grants Fund from the Executive Office of the President, Office of
National Drug Control Policy to support the Police Department's
role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area. (Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 31, 2006
Page 3
3.a. Resolution authorizing the City Manager or his designee to accept
an amendment to a grant from the Department of State Health
Services in the amount of $88,174 for personnel costs to provide
essential public health services. (Attachment # 3)
3.b. Ordinance appropriating an amendment to a grant from the
Department of State Health Services in the amount of $88,174 in
the No. 1066 Health Grants Fund for personnel costs to provide
essential public health services. (Attachment # 3)
4.a. Resolution authorizing the City Manager or his designee to accept
a grant from Texas Parks and Wildlife Recreational Trails
Program in the amount of $100,000 in the No. 1067 Parks and
Recreation Grants Fund for construction and resurfacing of the
recreational trail at West Guth Park, with a $25,000 match from
the Fund 4720 Community Enrichment Fund. (Attachment # 4)
4.b. Ordinance appropriating a $100,000 grantfrom Texas Parks and
Wildlife Recreational Trails Program in the No. 1067 Parks and
Recreation Grants Fund to fund construction and resurfacing of
the recreational trail at West Guth Park by August 31, 2008.
(Attachment # 4)
5. Ordinance appropriating $500 donation from Wal-Mart in the No.
1067 Parks and Recreation Grants Fund to be used as a cash
match for the Texas Parks and Wildlife Recreational Trails
Program. (Attachment # 5)
6. Motion authorizing the City Manager or his designee to execute
a construction contract with Garrett Construction, of Ingleside,
Texas in the amount of $879,943.90 for Base Bid "A", Base Bid
"S" and Alternate Bid 1 for the Mary Carroll Channel Drainage
Improvements, Phase 2. (Attachment # 6)
7. Motion authorizing the City Manager or his designee to execute
a construction contract with Australian Courtworks, Inc., of
Brandon, Mississippi in the amount of $535,600 for the HEB
Tennis Center Improvement Project (Bond 2004) and the West
Oso Tennis Courts (CDBG). (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 31, 2006
Page 4
8.a. Ordinance appropriating a payment in the amount of $46,474
from SDI Realty in the No. 3530 Street Capital Improvement
Project Fund for the developer's share of construction of the
Traffic Congestion Management project at Airline Road
northbound right turn lane at SH 358 eastbound frontage road
(Bond Issue 2004); amending Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by $46,474.
(Attachment # 8)
8.b. Motion authorizing the City Manager or his designee to execute
Change Order No.3 to a construction contract with King Isles,
Inc., of Corpus Christi, Texas in the amount of $188,245.35 for
construction of the Traffic Congestion Management project at
Airline Road northbound right turn lane at SH 358 eastbound
frontage road. (BOND ISSUE 2004) (Attachment # 8)
9. Resolution recognizing the public necessity of acquiring street
right-of-way easements for the Rodd Field Village Public
I mprovement District, Projects 7243/8417, for street
improvements and other municipal purposes in connection with
the project; and authorizing acquisition by means of negotiations
or eminent domain proceedings by the City of Corpus Christi or
its agents in acquiring said right-of-way. (Attachment # 9)
10. Motion authorizing the City Manager to execute a Bridge
Construction Deferment Agreement with The Lakes at King
Estates, Inc., (Developer), in the amount of $28,783.91 for the
Developer's share for future construction of a public bridge over
a drainage channel to serve The Coves at Lago Vista subdivision
located south of FM 2444 (South Staples Street) and west of Oso
Creek, in accordance with the Platting Ordinance. (Attachment
# 10)
11 Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the professional services contract with
MAXIMUS, Inc., ERP Solutions Division, of Rancho Cordova,
California in the amount of $25,000 for a total re-stated fee not to
exceed $50,000 for additional project management, systems
analysis and computer programming services to maintain the
PeopleSoft Financials module. (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 31, 2006
Page 5
12 Ordinance appropriating $51,226.53 from the Fund Balance
Reserves in Municipal Information Systems Fund No. 5210
provided by Intel Corporation for Digital City project support;
amending FY 2005-2006 Operating Budget adopted by
Ordinance No. 026385 by increasing appropriations by
$51,226.53. (Attachment # 12)
13. First Reading Ordinance - Waiving the 60-day waiting period and
publication of legal notice; renaming the park at 301 0 Sunnybrook
from Southside Park to Mike Zepeda Park. (Attachment # 13)
14, First Reading Ordinance - Authorizing the City Manager or his
designee to execute Supplemental Agreement NO.1 to Federal
Aviation Administration Lease No. DTFA07-04-L-00560
eliminating all references to the Visual Approach Slope Indicator
(VASI) and adding 0.15 acre of land for the Precision Approach
Path Indicator (PAPI) serving Runway 17. (Attachment # 14)
15. First Reading Ordinance - Authorizing the City Manager or his
designee to execute Supplemental Agreement NO.1 to Federal
Aviation Administration Lease No. DTFA07-98-L-01123
eliminating all references to the Visual Approach Slope Indicator
(VASI) and adding 0.25 acre of land for the Precision Approach
Path Indicator (PAPI) serving Runway 13 and 0.64 acre for the
PAPI serving Runway 31. (Attachment # 15)
16. First Reading Ordinance - Authorizing the City Manager or his
designee to execute Lease No. DTFASW-06-L-00118 with the
Federal Aviation Administration for 2.8747 acres of land located
at the Corpus Christi International Airport, for a term ending on
September 30, 2025, for the construction and operation of a
Digital Airport Surveillance Radar (DSAR-11) site. (Attachment
# 16)
17.a. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 2 regarding Cable
Communications Commission. (First Reading 01/24/06)
(Attachment # 17)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 31. 2006
Page 6
17.b. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 55 regarding rules and procedures
for public access cablecasting. (First Reading 01/24/06)
(Attachment # 17)
18. Second 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. (First Reading 01/24/06)
(Attachment # 18)
I. PUBLIC HEARINGS: (NONE)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
19. Corpus Christi Economic Development Corporation Quarterly
Report (No Attachment)
20. Bayfront Development Plan Phase 1 (Attachment # 20)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
21 Resolution approving formation of the CC Digital Community
Development Corporation, and approving its Articles of
Incorporation and Bylaws. (Attachment # 21)
22. Motion authorizing the City Manager or his designee to enter into
negotiations to purchase Flint Hills Tank Farm site (Site 4) for the
location of the new Wastewater Treatment Plant. (Attachment
# 22)
23. Motion authorizing the City Manager or his designee to enter into
contract negotiations with the selected proposer regarding the
proposed re-use of the Memorial Coliseum. (Attachment # 23)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 31, 2006
Page 7
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF 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 limitado, habra un interprete
ingles-espanol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
SERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. 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.
N. 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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 31,2006
Page 8
24. CITY MANAGER'S REPORT
*
Upcoming Items
25. MAYOR'S UPDATE
26. COUNCIL AND OTHER REPORTS
O. 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 /: 30 p.m., January 27,2006.
~
Armando Chap
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
January 24, 2006 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rector Ned Bowersox of Episcopal Church of the Good
Shepherd and the Pledge of Allegiance to the United States flag was led by Council Member
Marez.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 1-7). City Secretary
Chapa announced that Mr. Kelly would be abstaining from the vote and discussion on Item 4.
Mr. Bill Kopecky, 3609 Topeka, and Mr. Marez requested that Item 4 be pulled for individual
consideration.
A motion was made, seconded, and passed to approve Items 1 through 7, constituting
the consent agenda, except for Item 4, which was pulled for individual consideration. City
Secretary Chapa polled the Council for their votes as follows:
MOTION NO. 2006-011
Motion approving a supply agreement with the Performance Food Group, of 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 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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
January 24,2006 - Page 2
2 MOTION NO. 2006-012
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
3 a. RESOLUTION NO. 026616
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
3b. ORDINANCE NO. 026617
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 No. 026385 by increasing appropriations by
$10,000.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
5 MOTION NO. 2006-013
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 $610,436.84 for the
Greenwood Drive, Phase 1 from Gollihar to South Padre Island Drive Project. (BOND
ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
January 24, 2006 - Page 3
6.a. MOTION NO. 2006-014
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6.b. ORDINANCE NO. 026619
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
l.a. ORDINANCE NO. 026620
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
7.b. ORDINANCE NO. 026621
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
January 24, 2006 - Page 4
7 c. MOTION NO. 2006-015
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
7 d. ORDINANCE NO. 026622
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
7 e. MOTION NO. 2006-016
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
7.r ORDINANCE NO. 026623
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 4 regarding the reimbursement of costs for the
Packery Channel Improvement Project. Mr. Bill Kopecky, 3609 Topeka, asked if this action
made the cumulative cost of the Packery Channel Project amenities equal to $900,000.
Director of Finance Cindy O'Brien responded that previously, the Council had authorized a
$500,000 reimbursement, and she said staff was requesting an additional $400,000
reimbursement today. Mr. Kopecky commented that the Caller-Times recently ran an article
showing that the south side of Packery Channel was being developed as a private marina. He
believed that the Packery Channel TI F approved by the voters portrayed the south side of
Packery Channel as an area for various public amenities. He said he hoped the funds were
being spent on the south side of Packery Channel.
Minutes - Regular Council Meeting
January 24, 2006 - Page 5
In response to Mr. Scott's question, City Manager Noe stated the TIF plan showed
amenities closer to the beach on the south side of the Packery Channel, but not along the south
side of the channel. The significant amenities were planned for the north side of the channel.
Mr. Marez withdrew his question. City Secretary Chapa polled the Council for their votes as
follows:
4 RESOLUTION NO. 026618
Resolution expressing official intent to reimburse costs of the Packery Channel
Improvement Project.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly
abstained.
* * * * * * * * * * * * *
Mayor Garrett deviated from the agenda, and referred to the presentations on the day's
agenda. He noted that staff had withdrawn Item 8, a presentation regarding the Tall Ships Visit
to the City. The first presentation was Item 10, the Corpus Christi Convention and Visitors
Bureau (CVB) quarterly report. CVB Director Tom Galyon reported that the CVB was currently
preparing for the 2006 United States Bowling Congress (USBC) Open Championships, taking
place from February 11 through July 2, and an estimated 120,000 people were expected to
travel to the city for the conference. CVB staff, under the direction of Ms. Kim Lemley, had
established "Team Corpus Christi", comprised of more than 20 individuals in the hospitality
Industry who were disseminating information on the USBC attendees to targeted area
businesses. In addition, CVB staff had initiated a front line training program to promote
customer service levels, with 150 attendees since last Wednesday.
Mr Galyon reported on other upcoming conferences in the area. The Jehovah's
Witness conference was scheduled in August at the American Bank Center; moreover, staff was
finalizing a multi-year contract with conference organizers to return to Corpus Christi for an
estimated local economic impact of over $15 million. In addition, Mr. Galyon stated CVB staff
was negotiating a contract with a group that had not held a convention outside of Bryan/College
Station in over 40 years.
Mr. Galyon discussed other CVB sales activities. He stated the CVB sales team,
Including 12 area hospitality partners, planned to capitalize on the city's current momentum at
the Austin Meeting Planners showcase. Morevoer, Ms. Linda Fort, director of destination sales,
would be entertaining a group of eight British tour operators. Next month, the sales team would
be traveling to Nashville to attend the American Business Association marketplace, and to
Mexico to attend Expo Vacaciones. Finally, he said staff was investigating various ways to
capitalize on the upcoming direct air service to Monterrey, Mexico. He mentioned a new e-
newsletter that sales staff was issuing to new clients.
Mr. Galyon stated that the CVB's website continued to receive excellent traffic, and
highlighted a unique website feature, Visit in Corpus Christi Interactively, or VICCI. In addition,
there was a link accessing the CVB's comprehensive statistical visitor industry overview.
In conclusion, Mr. Galyon stated the city's billion-dollar tourism industry was doing well,
and staff expected the city would have a busy Spring Break. He asked Mr. Brian Lewis with the
USBC to provide a brief overview on the upcoming championships.
Minutes - Regular Council Meeting
January 24, 2006 - Page 6
Mr. Lewis reported that the 143-day tournament would bring 120,00 bowlers and guests
form all over the country. Scheduled events would take place from 7:00 a.m. to 2:00 a.m. every
day, and were open to the public. He said the USBC was spending $1 million to transform the
American Bank Center into a bowling stadium. Finally, he said USBC bowlers fondly
remembered their 1992 visit to Corpus Christi, and were looking forward to the mild weather.
Council Member Scott asked Mr. Galyon to help articulate the impact a Padre Island
resort development would have on the city's hotel/motel tax revenues by providing estimates on
the tax revenues generated by 1,000 additional hotel rooms at approximately $100 a night. Mr.
Galyon said he would provide the estimates in different formats for his review.
* * * * * * * * * * * * *
The next presentation was Item 9, a quarterly update on the Crime Control and
Prevention District. Mr. Butch Pool, chairman of the Crime Control District Board of Directors,
stated that FY 2005-06 fund balance remained healthy. With 42 percent of the budget year
completed, he said expenditures were at 36 percent of budget, and revenues were slightly up.
He pointed out that the district was fully funding the Pawn Shop Detail project.
Police Commander Bryan Smith further explained that the Crime Control District
continued to focus on funding its core programs as follows: 50 police officers; the Juvenile
Assessment Center; and the Pawn Shop Detail. In addition, the District continued to maintain
long-term fiscal responsibility and control. Finally, he said the Board of Directors was
developing projections in preparation for the renewal vote in November 2007.
Commander Smith briefly reviewed the FY 2006-07 budget calendar as follows:
February 15 - review of the proposed FY 2006-07; May 3 - CCD budget will be adopted by the
Board; June 20 - City Council approves or rejects the proposed budget.
Commander Smith discussed the assignments for the 50 officers funded through Crime
Control District as follows: eight directed patrol officers; 10 Juvenile Enforcement Team (JET)
officers; five bicycle officers; three moped officers; two traffic safety officers; one narcotics
officer (with a drug dog); one Campus Crime Stoppers officer; and 20 patrol officers to enhance
the patrol response
Commander Smith also provided quarterly updates on a number of projects funded
through the district. He highlighted the Pawn Shop Detail program, which was fully staffed on
October 31, 2005 with three data entry clerks and one office manager. Since October, the
program had recovered 125 items valued at $55,884.94, and had also identified 22 "frequent
pawners" with criminal records. The Directed Patrol program had completed 97 emergency
board-ups and had cleaned 104 graffiti sites using district funds. The Walking Motors patrol had
Issued more than 200 criminal trespass warnings, and had conducted 15 transient/panhandler
Initiatives. The Campus Crime Stoppers program generated 178 cases and awarded $11,144 in
rewards, resulting in 19 weapons recovered from local schools, $28,312 recovered in stolen
property, and $7,619 recovered in drugs. Finally, he reported the Juvenile Enforcement Team
(J ET) made 209 gang arrests in 2005, 127 of which were felony arrests; confiscated 43 firearms
from known and suspected gang members; and recovered nine stolen vehicles.
Commander Smith also mentioned that the Police department conducted a
enforcement/education training to curb thefts in the SPID shopping area during the Christmas
season (November 25 through January 2). The Police department distributed 13,000 leaflets
Minutes - Regular Council Meeting
January 24,2006 - Page 7
and contacted 26,000 citizens, resulting in a 67 percent decrease in robberies, 64 percent
decrease in fraud, 67 percent decrease in embezzlement, and a 24 percent decrease in
vandalism/criminal mischief.
Commander Smith also provided an update on the Juvenile Assessment Center (JAC).
He said the center had provided services to 1,082 children and their families in 2005. The JAC
returned over 752 children to school for a total of 44,693 average daily attendance (ADA)-
eligible days during FY 2005, which saved local school districts over $1.34 million. Moreover,
he highlighted that the JAC processed only 84 repeat offenders out of 1,163 intake cases, a
recidivism rate of only 7.2 percent. Finally, he said Corpus Christi was named one of the 2005
America's Promise 100 Best Communities for Young People based largely upon the strengths
of the JAC program.
In response to Mayor Garrett's question, Commander Smith stated that all the positions
funded through the Crime Control District were fully staffed. Of the 50 officers funded through
the district, he said 20 officers were assigned to augment the city's police patrol as planned.
Mayor Garrett commented that if the police force was understaffed, then it was due to
inadequate funding from the city's general fund, not the district.
Mr Kinnison asked when the Crime Control District tax would expire. Commander
Smith replied if the voters did not renew the tax, then it would expire in April 2008. Mr. Kinnison
asked if there were any legal restrictions to prevent the city from holding the election before fall
2007. City Attorney Fischer replied negatively, saying the Crime Control Board of Directors
could request an earlier election date.
Mr. Kinnison felt it would be better to hold the election this fall for several reasons. First,
he said holding a joint election this fall would reduce costs; if the election was held in 2007, it
would the only issue on the ballot. In addition, he felt holding the election earlier would give the
district more certainty in their fate for planning purposes. Commander Smith added that the
Board was considering whether to extend the taxing period from five to ten years. Mr. Kinnison
spoke in support of extending the period, saying the voters would more than likely continue their
support. Chairman Pool also spoke in support of holding the election in the fall.
Mr. Chesney spoke in support of a fall election, and he also felt the community would
support extending the taxing period from five years. He also praised the Juvenile Assessment
Center, saying it was an amazing program. He thanked Mr. Pool and staff for ensuring the
success of the Crime Control District.
In response to Mr. Garcia's question, Commander Smith said the FY 2006-07 budget
would maintain the current staffing levels for police officers, the Juvenile Assessment Center
and the Pawn Shop Detail. Commander Smith added that full staffing from the general fund as
well as the Crime Control District would allow the Police department to accomplish more of its
goals. The police force was currently understaffed because more individuals left the force this
year than anticipated, but Commander Smith reported that 29 officers would be graduating from
the police academy next month. Mr. Garcia also asked questions about Directed Patrol
Program efforts to fight graffiti and on the CCPAL program.
Mr. Noyola praised the Directed Patrol and Pawn Shop Detail programs. He also asked
If the district would be ready to hold an election in the fall. Commander Smith and Chairman
Pool answered affirmatively. Mr. Noyola spoke in support of extending the taxing period to 10
years. He asked what the consequences would be if the Crime Control District issue were to
fail. Commander Smith replied that one consequence would be that police force staffing would
Minutes - Regular Council Meeting
January 24, 2006 - Page 8
drop to 1997 levels. He also pointed out that all the city's community policing initiatives were
tied to district funding, and it would be unfortunate to see them diminished. Mr. Noyola asked
staff to publicize this information to the voters.
Mr. Kelly asked if one Directed Patrol Officer was stationed at every middle school as
Initially planned. Commander Smith responded negatively, saying that there were currently only
eight DPOs. He noted that the Board of Directors had not updated the plan recently, and it may
be time to change the mix of officers to meet community needs.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 11.a., and a motion was made, seconded, and passed to
open the public hearing to consider an amendment to the 1961 Master Plan for Storm Drainage
as follows
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 12/20105)
City Engineer Angel Escobar explained that the Bond 2004 Street Improvement Project
for Cimarrron Boulevard, Phase 1, and the continued development in the south side had
resulted in flooding problems that required a reassessment of the drainage outfall capacity in
the area. Currently, he said there were only two major storm water channels servicing this area,
the Mary Carroll Channel and Master Channel 31. Both channels were conveying storm water
flows beyond their respective capacities and were limited from five year (ditch) and 25 year
(structures) storm events. To alleviate the flooding problems, staff was proposing the expansion
of Master Channel 27, which would require an amendment to the 1961 Master Plan for Storm
Drainage in the area.
Mr Escobar stated the city had contracted with Mr. Govind Nadkarni with MEI Maverick
to review the drainage system and, as a result, they were recommending the expansion of
Master Channel 27 The proposed route for Master Plan Channel 27 would begin at Cimarron
Boulevard 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 drainage systems.
Mr Escobar stated that staff presented the plan to the Planning Commission on
December 14, and the Commission unanimously endorsed the project. The proposed
amendment was placed on the December 20 Council agenda, but the Council tabled the item
until today, as requested by staff, to allow for more meetings with affected property owners.
Staff held three meetings with property owners in January, and sent out 1,000 flyers and
packets to residents and property owners in the affected area. Based on the input received at
the meeting, staff was recommending an amendment to the proposed plan to relocate the
alignment of Master Channel 27 to run along with and parallel to Brooke Road. In addition,
citizens asked the city to ensure that they would have access to alternate routes in and out of
their homes during the construction. Finally, he said the meetings allowed staff, property
owners, and developers to coordinate efforts for joint development and City project coordination.
Mr. Escobar introduced Mr. Nadkarni to discuss the project in more detail. He displayed
slides of the affected areas and described the project. He said the changes would bring Mary
Carroll Ditch and Master Channel 31 close to a 25-year storm event level. He also displayed a
Minutes - Regular Council Meeting
January 24, 2006 - Page 9
slide depicting staffs recommendation for the new realignment of Master Channel 27 to address
resident concerns.
Mr. Scott expressed concern that if the Council was to approve this project, then they
would unintentionally set a precedent for a 1 DO-year standard on all future master channels.
Assistant City Manager Ron Massey replied the 1 DO-year standard was proposed in the Storm
Water Master Plan. Mr. Escobar stated staff would be encouraging developers to use the 100-
year standard when developing vacant land in the future. Mr. Scott did not support using the
1 DO-year standard for all future ditches because of the enormous expense, and he was
concerned that this was staffs intent. Mr. Escobar replied that it was not staffs intent. Mr.
Chesney agreed with Mr. Scott, saying that setting a 1 DO-year standard for all ditches would
increase the city's development costs tenfold. He preferred that the Council consider each case
Individually, with no guarantees that they would all be 1 DO-year standard.
City Manager Noe pointed out that the Council directed staff to prepare the next element
of the storm drainage master plan assuming a certain level of protection. Mr. Scott replied the
Council had also asked engineering to provide a cost-benefit ratio on this project. Assistant City
Manager Massey stated that the major issue had been to address drainage in subdivisions. He
did not recall any major disagreements from the development community on 1 DO-year level
master drainage ditches; rather, the issue was who would pay for the improvements. He said
this had not been addressed in the Storm Water Master Plan.
Mr. Kelly stated that the Storm Water Master Drainage Plan was designed to address
future growth throughout the region. In response to Mr. Kelly's question, Mr. Escobar stated
that as the plan was being developed, the city was considering a 100-year storm event capacity
for the ditch system in the area. In addition, the city was considering updating any of the
crossings in the area that might limit the 100-year capacity. Mr. Kelly asked if the Mary Carroll
ditch and Master Channel 31 would become a funnel to flood developments in the northwest
area. Mr. Escobar answered negatively.
Mr Kinnison thanked staff for the various meetings they held with citizens in the affected
areas. He spoke in support of the proposed plan, saying it seemed to alleviate the flooding
problem in the Brighton Village, Bordeaux Place, and Vineyard subdivisions. He asked when
the plan would be implemented. Mr. Escobar said staff first needed to fund the project, so the
project would be included in the CIP budget for Council consideration in February. He said the
deadline to complete the Cimarron Boulevard Improvement Project was two years.
In response to Mr. Garcia's question, Mr. Escobar stated staff would be recommending
that only the backbone of the storm drainage system be developed at a 1 DO-year storm event
level. Mr Garcia agreed with Mr. Scott's concern that the Council did not want to say that all
ditches would be developed at a 1 DO-year level, mainly because of the cost. He asked how
much the proposed project would cost. Mr. Escobar replied staff was estimating that the project
would cost between $13 and $15 million.
Mayor Garrett asked for public comment. Mr. John Brook, 139 Seaford Street in San
Antonio, said he was a property owner in the area. He spoke in support of the proposed project,
and thanked staff for accommodating his request that the ditch be placed on the perimeter of his
property.
Ms. Andrea Kubsch, Rt. 1, Box 93H, and Ms. Jenny Battiga, Rt. 1, Box 93R, spoke in
support of the proposed project, but reiterated that the city provide alternate routes to access
Minutes - Regular Council Meeting
January 24, 2006 - Page 10
their property during construction. Mr. Escobar assured them that the city would provide
alternate access.
Ms. Sylvia Ford, 3306 New Bedford in Brighton Village, spoke in support of the project,
and thanked staff for their diligence.
Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott, and
passed. Mr. Chesney made a motion to amend the proposed ordinance to include the new
realignment of Master Channel 27 as recommended by staff, seconded by Mr. Garcia, and
passed. City Secretary Chapa polled the Council for their votes as follows:
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)
The foregoing ordinance was passed and approved on its first reading as amended with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 12 regarding an amendment to the contract
with Maverick Engineering for the Cimarron Boulevard Street Improvement Project. City
Engineer Escobar explained that Amendment NO.2 proposed to expand the Basic Services and
Additional Service for storm water improvements related to Master Plan Ditch No. 27, and to
Install a new wastewater force main and new traffic signal at the Brockhampton/Cimarron
I ntersectio n
There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
12. MOTION NO. 2006-017
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 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)
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
January 24, 2006 - Page 11
Mayor Garrett called for a brief recess to present a proclamation.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Garrett opened discussion on Item 13
regarding a depository contract with Frost Bank to provide depository services for city funds.
Director of Finance Cindy O'Brien explained that staff issued a Request for Applications (RFA)
to 20 local banks regarding this contract on October 14, 2005. In addition, the RFA was
advertised in the local newspaper on October 8 and 15, and the item was posted on the city's
website. The application submission deadline was November 18, 2005.
Ms. O'Brien stated that the city received four responses from Bank of America, First
National Bank, Frost Bank, and Wells Fargo Bank, and one "no bid" from American Bank. The
responses were scored on the following criteria: ability, experience, and success as depository
- 30 percent; cost of services - 30 percent; problem resolution - 15 percent; cut-off time, hours
of operation and locations - 1 0 percent; restrictions - 5 percent; reconciliation services - 5
percent; and direct deposit services - 5 percent. 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. Ms. O'Brien stated the evaluation team also
considered a number of important factors in their evaluation as follows: lockbox services;
functionality of system; service level; cost of services; and references.
Ms. O'Brien stated that 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 0.12 of a point. The total average ranking, first through fourth,
was Frost Bank, First National Bank, Bank of America, and Wells Fargo Bank, respectively.
Ms O'Brien reported that 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 of the
four-year contract. She said, for example, that Frost Bank, as well as Wells Fargo and Bank of
American, offered a relatively new service called remote capture, while First National did not. In
addition, Ms. O'Brien said Frost Bank had provided excellent service for the past eight years.
In response to Mr. Noyola's question, Ms. O'Brien stated that the First National bid was
less expensive than the Frost Bank bid, but they were not able to provide Frost Bank's level of
service. She said the annual four-year cost difference between the first and second bids was
$36,000, but Frost Bank was able to provide critical services like remote capture that ultimately
offset the cost of the Frost Bank. In addition, she said Frost Bank would save the city
approximately $20,000 in interest income by providing access to their lockbox a day ahead to
time. She said First National was a growing bank with excellent references and good clients,
but they were not prepared at this time to meet the city's needs.
Mr Kinnison complimented staff for considering factors like interest income savings
when evaluating the contract, rather than focusing strictly on the bottom line cost. He said many
times, the lower-priced bid cost the city more in the long run because money was lost in other
ways.
There were no comments from the public. City Secretary polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
January 24, 2006 - Page 12
13. MOTION NO. 2006-018
Motion authorizing the City Manager or his designee to execute a depository contract
with Frost Bank to provide depository services for City funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Mr. Sirfrederickvon U.S.A. King 7th,
P.O. Box 1181, suggested that the city use federal and state drug funds to attract more Mexican
airlines to the Corpus Christi Airport. Mayor Garrett replied that drug fund monies could not be
used for this purpose.
Mr Jack Gordy, 4118 Bray, spoke regarding his concerns that the city seek
accountability from the parties responsible for the use of a stolen city phone to make calls to his
home and for stolen equipment from the public access studio.
The following individuals requested that the City lease six acres of undeveloped, city-
owned land in Commodore Park to Seashore Learning Center on Padre Island for their school
expansion project: Aaron Ortiz, 13905 Sea Anchor; Colleen Mcintyre, 13714 Three Fathoms;
Dr. Donald Hanna, 15346 Barataria; Mary Ellen Hanna, 5441 Ocean Drive; Maryann Carl, 5522
Cutty Sark; Michelle Yarbrough, 15842 Portillo Drive; Hank Svoboda, 13905 Cabana; Jeff
Young, 14021 Cabana; Bryan Enos, 13790 Three Fathoms; Bill May, 13926 Cabana North;
Katie Howell, 13826 Hawksnest; Sharon Smith, 14313 Dorsal Street; Amy Peterson, 13705
Tajamar; Marylou Roper, 1040 Purdue Road; Garrett Dorsey, 14878 Granada; and Tammy
Burkell
Ms. Colleen Mcintyre, president of the Island Foundation that operates the Seashore
Learning Center, further explained that three months ago, they discussed the possibility of
leasing undeveloped land in Commodore Park for a public middle school, a community center,
an a library. The city asked the foundation to demonstrate Island support for the project and to
determine whether Flour Bluff ISO had plans to build a middle school on the island, which they
did. She said it wasn't until later in the negotiations that Mr. Noe required Flour Bluff ISO's
consent and full support for the expansion project before the city could approve the lease. She
asked the Council to negate Mr. Noe's recommendation, because she knew Flour Bluff ISO
would never agree to the expansion. Historically, Flour Bluff ISO had considered the Seashore
Learning Center to be in competition with them for students, and had fought their efforts to
become a charter school in the first place. In conclusion, she stated that the group would be
providing a community center and library for Island residents, which the city had not been able
to fund; thus, she felt it would be a win/win situation for the residents as well as the city.
City Manager Noe replied that the city had not been involved with other charter schools
before; and did not think it was appropriate to use city resources to the detriment of another
taxing entity. He said he had met with the Island Foundation twice, along with several Council
members, and had clearly articulated that the city would not recommend any lease of property
without the Flour Bluff ISO's support. He said Flour Bluff ISO had been a good partner with the
city, and the Council's priority was to enhance intergovernmental cooperation.
Mr. Chesney agreed with Mr. Noe, saying he attended the meeting in question, and Mr.
Noe had stated that Flour Bluff ISO's position on the expansion was at issue. He felt that having
Minutes - Regular Council Meeting
January 24, 2006 - Page 13
this discussion now was premature, however, because Flour Bluff ISD had not taken a formal
position. Ms. Mcintyre replied the Flour Bluff ISD representative Richard Pittman had told her
the school was against the expansion. Mr. Chesney asked if she had received any written
notification from the FBISD school board. Ms. Mcintyre replied that she had asked for written
notification several times with no response. Mr. Noe added that he had spoken with the FBISD
superintendent recently and understood that they would be sending a letter. Mr. Chesney
asked Mr. Noe to speak with the superintendent again and ask him to submit a letter clearly
stating the district's position.
Mr. Chesney suggested that the Council could place this issue on the agenda to further
Inform the Council and to engage in dialogue with the Flour Bluff Independent School District.
City Manager Noe hesitated to schedule this item on the agenda without knowing where the
Flour Bluff ISD was in their process. He wanted to ensure that they had reached some level of
concurrence before forcing them to discuss the issue publicly. He said he would speak with the
district and the superintendent and report to the Council next week.
Mr Chesney asked when the Island Foundation needed an answer. Ms. Mcintyre
replied their deadline was February 21 to ensure their grant funding. Mr. Noe said he could
schedule the item for the first meeting in February if the Council wished, but he could not
guarantee that the district would take a position on the issue. Mr. Chesney said he thought the
Council and the public needed to see the Island Foundation's proposal for discussion.
Mr Scott encouraged the group to speak to their elected Flour Bluff school board
officials as well because they were definitely interested in the outcome. He noted that while fifty
percent of the property tax dollars came from the Island, residents comprised only 13 percent of
the students. He was disappointed that some members of the group seemed to suggest that
the city had not supported the Seashore Learning Center, which was not the case. He
expressed concern that by approving the lease, the city could be setting a precedent in which
other entities would seek the same use of city resources. He asked Mr. Noe to tell the Flour
Bluff ISD to put their position in writing or the process would go forward without them. He was
reluctant to push the issue with the Flour Bluff ISD because the Council had identified improved
Intergovernmental relationships as one of their goals.
Mr Kinnison asked if the subject property was being used. Mr. Noe replied the property
was vacant, and there was no current plan for the six acres in question. He said the city had not
discussed the specific terms of the lease.
In response to Mr. Noyola's question, Ms. Mcintyre replied the proposed expansion site
was not adjacent to the existing school because the adjacent property was unavailable due to
zoning issues. She mentioned other possible sites, but said discussions with the landowners
had not been productive. Mr. Noyola asked if the city knew the subject property value. Mr. Noe
replied the city had not had the property appraised, but any property on the Island had
significant value. Mr. Noyola also encouraged the group to speak with their elected school
board officials.
Ms. Rona Staberg, 5504 Lexington, asked the Council to keep the Lexington Road
bridge closed to create a dead-end street. She said the road was closed temporarily due to
construction. She presented a number of letters from residents in support of this idea.
Mr. Carlos Torres, 6014 Ayers, spoke in favor of conducting a national search for the
new fire chief, and also disagreed with a staff memo to the Council regarding the city's use of
the CPA T for fire fighters. He said he would e-mail his objections to the Council.
Minutes - Regular Council Meeting
January 24. 2006 - Page 14
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 14 regarding proposed amendments to the
Code of Ordinances related to the Cable Communications Commission and public access
cablecasting. Mr. Juan Garcia, Jr., chairman of the Cable Communications Commission,
explained the recommended changes related to the formation and duties of the Cable
Communications Commission, and to the rules and procedures for public access cablecasting.
He highlighted their work in defining a producer, saying it had been a sore point for the groups
for some time. He said the changes were approved and recommended by the Commission.
Mayor Garrett asked for public comment. Mr. Jack Gordy, 4118 Bray, stated the
Channel 10 PAUG group was in agreement with all the proposed changes except one. They
favored eliminating the requirement for a production date in the tag at the beginning and end of
the program, but it was not included in the recommended changes. City Secretary Chapa
polled the Council for their votes as follows:
14.a. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable
Communications Commission.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
14.b. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules
and procedures for public access cablecasting.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
. * * * * * * * * * * * *
Mayor Garrett referred to Item 15, the consideration of an appeal of a decision by the
Civil Service Board. He then announced the executive sessions, which were listed on the
agenda as follows:
15 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.
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.
The Council went into executive session. The Council returned from executive session
and the following motions were passed with the following vote:
Minutes - Regular Council Meeting
January 24, 2006 - Page 15
15. MOTION NO.2006-019
Motion to deny the appeal of Raymond Garcia Jr., thereby upholding the decision of the
Civil Service Board.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was
absent.
16.a. MOTION NO. 2006-020
Motion authorizing the City Manager to submit a bid to the Trustee in Bankruptcy, In RE:
Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States
Bankruptcy Court, Northern District of Illinois, Eastern Division, to acquire the Landfill
Gas Collection and Conversion Agreement between the City and Resource Technology
Corporation, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
16.b. MOTION NO. 2006-021
Motion authorizing the City Manager to execute an amendment to the legal services
agreement with Kerry Russell of Russell, Moorman & Rodriguez to represent the City in
In Re: Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United
States Bankruptcy Court, Northern District of Illinois, Eastern Division, at an hourly rate
of $200.00, plus expenses, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
16.c. MOTION NO. 2006-022
Motion authorizing the City Manager to execute an amendment to the legal services
agreement with Gus A. Paloian of Seyfarth Shaw, LLP, to represent the City in In Re:
Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States
Bankruptcy Court, Northern District of Illinois, Eastern Division, at an hourly rate of
$455.00, plus expenses, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's Report. Mr. Noe announced that Fire Chief
J.J. Adame had accepted a position as Fire Chief for the City of Austin. Staff was planning a
going-away party on February 3 at 3:00 p.m. on the sixth floor of City Hall.
Mr. Noe said next week's Council meeting included a report on the Memorial Coliseum
RFP process and a discussion on the Broadway Wastewater Treatment Plant project.
Minutes - Regular Council Meeting
January 24,2006 - Page 16
Mayor Garrett called for Council reports. Mr. Marez thanked non-profit organization for
responding to his offer to donate his Council salary, which he was unable to receive as a State
employee He asked any organization interested in receiving the funds to submit a brief letter
describing their mission, and to provide documentation verifying their non-profit status. He said
he would need the information by end of this week for the January disbursement.
Mr Noyola clarified his comments last week regarding the police chief search, saying
that was in favor of a national search, but preferred that the city's Human Resources
department head the search rather than hiring a consulting firm. He was in favor of using the
same process for the fire chief vacancy. Mr. Noe replied that he would submit a memo
discussing how staff planned to proceed with both recruitments, emphasizing that employee and
Council involvement would be taken into account.
Mr Noyola suggested that staff to consider placing the Broadway Treatment Plant and
Memorial Coliseum items at the end of the agenda to allow for more public input, or post the
items at a time certain in the afternoon.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 1:35 p.m. on January 24,2006.
* * * * * * * * * * * * *
2
CITY COUNCIL
AGENDA MEMORANDUM
Date: Janwuy 31. 2006
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept additional grant funding in
the amount of $8,350 from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Departments role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
B. Ordinance appropriating $8,350 in the No. 1061 Federal/State Grants fund from the
Executive Office of the President, Office of National Drug Control Policy to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area; and declaring an emergency.
ISSUE: The Office of National Drug Control Policy is providing additional funds for the FY
2005/2006 year for the City to participate in the Texas Coastal Corridor High Intensity Drug
Trafficking Area Initiative (HIDT A).
BACKGROUND INFORMATION: The Corpus Christi Police Department is in the ninth year
as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative
created by the Executive Office of the President, Office of National Drug Control Policy. The
additional :funds will provide for the purchase of a Fiber Optic Flexible Borescope.
The program focuses on this specific geographic area because it serves as a conduit for narcotics
into Corpus Christi and other metropolitan cities as well as a location for money launderers to
conduct illegitimate businesses with a consumer base that affects the local population with
residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of
Public Safety, Drug Enforcement Administration. Internal Revenue Service, U. S. Customs, and
the Bureau of Alcohol. Tobacco, and Fireanns. The initiative focuses on the identification and
disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio,
Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that
shipments of narcotics through this area will be disrupted and long entrenched families of
narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified
and seized and the intelligence gathered will be downloaded and shared with other Drug
Trafficking Initiatives across the country.
ti~4
Acting Chief of Police
ADDITIONAL SUPPORT MATERIAL
Award Document x
AWARD
Page 1 of 1
Grant
4. Award Number: 15PHNP517Z
5. Project Period: 01/01/2005 to 12/31/2005
Budget Period: 01/0l/2005 to 12/31/2005
6. Date: 08/21/2005
7. Action
8. Supplement Number I
D Initial
10. Amount of This Award
lXJ Supplemental
$145,740
$8,350
$154,090
2A. Subreci ient IRS/Vendor No.
I Project Title
Texas Coastal Corridor Initiative Initiative(s)
9. Previous Award Amount
11. Total A ward
12 Special Conditions
The above grant is approved subject to such conditions or limitations as are set
forth in the original Grant.
Statutory Authority for Grant: Public Law 108-447
Typed Name and Title of Approving
ONDCP Official
15. Typed Name and Title of Authorized Recipient
Official
A-en 1J ~ C\\12:"f- k. A . iSla.- N <;
. Chief Pete Al/luez, Jr.
Corpus Christi Police Department
Joseph D. Keefe
Office of National Drug Control Policy
ized Recipient
Date
\'Hi~:'ir_'1 ~/
{~'~/; ~
7,,:/, lih,,< ~: '. ,-'- :::-
'-J-I.t~ . "
EXEClJTIVE OFFICE OF THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
Washington, D.C. 20503
August 21, 2005
Chief Pete Alvarez, Jr.
Corpus Christi Police Department
321 John Sartain Street
Corpus Christi, TX 78403
Dear Chief Alvarez, Jr..
Grant number I5PHNPSI7Z has been increased and now totals $154,090.
The original and one copy of Modification 1 are enclosed. If you accept this modification,
sign the Modification and return a copy to the Assistance Center in Miami. Keep the
original copy of the Modification for your file.
All terms and conditions of the orignal award apply to the Modification. If you have any
questions pertaining to this grant award, please feel free to contact Phuong DeSear at
(202) 39)-6739.
Sincerely.
frKe~- /~
Assistant Deputy Director
for State and Local Affairs
AN ORDINANCE
APPROPRIATING $8,350 IN THE NO. 1061 FEDERAUSTATE GRANTS
FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE
OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE
DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR
INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING
AREA; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $8,350 is appropriated in the No. 1061 Federal/State Grants Fund
from the Executive Office of the President, Office of National Drug Control Policy to
support the Police Department's role in the Texas Coastal Corridor Initiative in the
Houston High Intensity Drug Trafficking Area.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 31 st day of January, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
Henry Garrett
Mayor
.j ~~ 2..) I 2006
J
By:
L~//
JOSePh~ ~
Assistant City Attorney
F or City Attorney
ORl-Appr -PD- TCCl.doc
2
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: 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
3
AGENDA MEMORANDUM
City Council Action Date: January 31, 2006
AGENDA ITEM:
Item A: A resolution authorizing the City Manager or his designee to accept an
amendment to a grant from the Department of State Health Services in the amount
of $88,174 for personnel costs to provide essential public health services.
Item B: An ordinance appropriating an amendment to a grant from the Department
of State Health Services in the amount of $88,174 in the No. 1066 Health Grants
Fund for personnel costs to provide essential public health services; and declaring
an emergency.
ISSUE: The Health Department is in receipt of Attachment #03A, Change #8 to Contract
#7460005741-2006 with the Texas Department of State Health Services (DSHS). The
contract provides the Health District with an additional $88,174 in financial assistance for
personnel supporting provision of essential public health services. Services supported
under this funding include disease investigation and surveillance, laboratory services and
environmental health services. The contract period is from 9/1/05 through 8/31/06, which
extends the current contract by six months.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY04-05.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant
and appropriate funding for continuation of public health services.
~~.~-:/JeLorrkH-
Annette RodrigO'ez, M.P.H.
Acting Director of Public Health
BACKGROUND INFORMATION
This item is an amendment to a grant that has been provided to the Health District from the
DSHS for many years. The purpose of this funding is to strengthen and improve local
public health infrastructure and to increase local jurisdiction's abilities to provide essential
public health services. No matching funds are required. The grant provides for seven staff
salaries. These salaries are provided though financial assistance to the City in the amount
of $156,509 for the period of 9/1/05- 8/31/06. Activities supported by this funding include
provision of laboratory and environmental health services, diagnosis, investigation, and
surveillance and prevention of communicable diseases, and community health education.
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
AN AMENDMENT TO A GRANT FROM THE DEPARTMENT OF STATE
HEALTH SERVICES IN THE AMOUNT OF $88,174 FOR PERSONNEL
COSTS TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept an amendment
to a grant from the Department of State Health Services in the amount of $88,174 for
personnel costs to provide essential public health services.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: January 23,2006
Eliz eth R. Hundley
Ass stant City Attorney
for the City Attorney
EHres175.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 AN AMENDMENT TO A GRANT FROM THE
DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT
OF $88,174 IN THE NO. 1066 HEALTH GRANTS FUND FOR
PERSONNEL COSTS TO PROVIDE ESSENTIAL PUBLIC HEALTH
SERVICES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. An amendment to a grant from the Department of State Health Ser-
vices in the amount of $88,174 is appropriated in the No. 1066 Health Grants Fund
for personnel costs to provide essential public health services.
SECTION 2. 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
EHord185.doc
Corpus Christi, Texas
day of
,2006
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus ChristL 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: 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
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: Januarv 31. 2006
AGENDA ITEM:
A. Resolution authorizing the City Manager, or designee, to accept a grant from Texas
Parks and Wildlife Recreational Trails Program in the amount of $ 100,000 in the No. 1067
Parks and Recreation Grants Fund for construction and resurfacing of the recreational trail
at West Guth Park, with a $ 25,000 match from the Fund 4720 Community Enrichment
Fund.
B. Ordinance appropriating $100,000 grant from Texas Parks and Wildlife Recreational
Trails Program in the NO.1 067 Park and Recreation Grants Fund to fund construction and
resurfacing of the recreational trail at West Guth Park by August 31,2008; and declaring
an emergency.
ISSUE: The City of Corpus Christi has been awarded a $100,000 grant from Texas Parks
and Wildlife to construct and resurface approximately 4,680 feet of trail at West Guth Park.
The "Recreational Trails Program" will assist the City of Corpus Christi Parks and
Recreation Department to address citywide facilities priorities as set forth in the Parks,
Recreation and Open Spaces Master Plan amended and approved by City Council in
November of 2002 and amended in June 2005.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager
or his designee to accept and appropriate these funds.
PREVIOUS COUNCIL ACTION: Council authorized an application to the Texas Parks and
Wildlife Recreational Trails program at their May 24, 2005 meeting.
FUNDING: Grant award requires a 20% commitment of funds or in-kind contributions from
the City. This commitment comes from unrestricted funds within the Community
Enrichment Fund 4720.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
and ordinance.
~~~
tr ally Gavlik, Director
Parks and Recreation
Attachment: Background Information
BACKGROUND INFORMATION
The Texas Parks and Wildlife Trails Program, which administers the Texas Recreational
Trails Fund made available under the National Recreational Trails Act, awards
reimbursement-type grants to eligible public entities and private organizations to be used
on trails and trail-related projects.
TEXAS PARKS AND WILDLIFE DEPARTMENT
NATIONAL RECREATIONAL TRAILS FUND AGREEMENT
This agreement between Texas Parks and Wildlife Department, Recreational Trails Program (hereinafter
TPWD) and City of Corpus Christi (hereinafter Sponsor) for construction of recreational trail improvements
in Nueces County, Texas is made under Texas Recreational Trails Fund.
BACKGROUND
The TPWD Recreational Trails Program, which administers the Texas Recreational Trails Fund (hereinafter
TRTF) made available under the National Recreational Trails Act (hereinafter The Act), awards
reimbursement-type grants to eligible public entities and private organizations to be used on trails and trail-
related projects. To be eligible, the project must have been planned and developed under existing federal
and state laws, and all related policies and administrative procedures; and
The City of Corpus Christi, eligible under The Act, made a grant application for a suitable trail project and
was awarded a TRTF grant
THEREFORE, for and in consideration of the mutual covenants and benefits hereof, TPWD and the
Sponsor hereby agree as follows:
TERMS
Sponsor will construct 680 feet +/- of concrete recreational trail, resurface another 4,000 feet of existing
trail, signs, and benches in West Guth Park in accordance with approved plan (hereinafter the Project) by
August 31, 2008.
While doing any work under the terms of this agreement, Sponsor will adhere to all requirements
established for the National Recreational Trials Fund including those set out in Procedural Guidelines,
Project Development and Grant Reimbursement Procedures, and Acquisition Project Procedures and by the
signature of its authorized agent helow asserts that it had read all of the foregoing requirements.
The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of
1973. Title n of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX
of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or
activities regardless of race, color, national origin, age, sex or disability. Further, it is agreed that no
individual will be turned away or otherwise denied access to or benefit from any program or activity that is
directly associated with a program on the basis of race, color, national origin, age, sex or disability.
Sponsor will properly and adequately maintain the Project into the foreseeable future so that it is available
and safe for use by the public.
I
TPWD and Sponsor agree that the total cost of the Project is One Hundred Twenty Five Thousand Dollars
($125.000) and that reimbursement to Sponsor for work performed under this agreement will not exceed
Eighty P.:rcent (80%) of th~ project cost up to the grant funds approved, One Hundred Thousand Dollars
($100.000) Sponsor will be paid up to $100,000 after submitting acceptable billings to TPWD for approved
work
Sponsor may begm construction after execution of this agreement. Do not begin any construction activity
until you rec~ive the fully l~xecuted agreement. any costs incurred prior to the agreement being signed by
both parties are not eligible for reimbursement.
This lontract is subject tu cancellation, without penalty, either in whole or in part, if funds are not
appropriated by the T l~xa:, Legislature, or otherwise made available, to the Texas Parks and Wildlife
Department. The performance period of this contract may be extended up to 12 months by mutual
agreement of both parties.
Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with
those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in
the conduct of the audit or Investigation, including providing all records requested. Contractor will ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors through
Contractor and the requirement to cooperate is include in any subcontract it awards,
This agreement will be III effect on the last date of the signatures below.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Date:
CITY OF CORPUS CHRISTI
Date:
2
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A
GRANT FROM THE TEXAS PARKS AND WILDLIFE RECREATIONAL
TRAILS PROGRAM IN THE AMOUNT OF $100,000 IN THE NO. 1067
PARKS AND RECREATION GRANTS FUND FOR CONSTRUCTION
AND RESURFACING OF THE RECREATIONAL TRAILS AT WEST
GUTH PARK, WITH $25,000 MATCH FROM FUND 4720 COMMUNITY
ENRICHMENT FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to accept a grant from the
Texas Parks and Wildlife Recreational Trails Program in the amount of $100,000 in the
No. 1067 Parks and Recreation Grants Fund for construction and resurfacing of the
recreational Trails at West Guth Park with $25,000 match from fund 4720 Community
Enrichment Fund.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: 24 January 2006
~~
Do e IS
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C :IDOCUME-1 lolgarllOCAlS-1 IT empI06.0124DC.Acpt.$1 OOK. Recreati.on Trail.WestGuth. Park.Res.doc
Page 2 of 2
Corpus Christi, Texas
_ day of , 2006
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C:IDOCUME -1 lolgarlLOCALS-1 IT empl06 0 124DC.Acpt.$1 OOK. RecreationTrail. WestGuth. Park Res .doc
Page 1 of 2
ORDINANCE
APPROPRIATING A $100,000 GRANT FROM THE TEXAS PARKS AND
WILDLIFE RECREATIONAL TRAILS PROGRAM IN THE NO. 1067
PARKS & RECREATION GRANTS FUND TO FUND CONSTRUCTION
AND RESURFACING OF THE RECREATIONAL TRAIL AT WEST
GUTH PARK BY AUGUST 31, 2008; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $100,000 grant from the Texas Parks and Wildlife Recreational
Trails Program is appropriated in the No. 1067 Parks & Recreation Grants Fund to fund
construction and resurfacing of the recreational trail at West Guth Park by August 31,
2008.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved 24 January 2006
~~
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C :\DOCU ME -1 \olgar\L OCALS-1 \ T em p\06. 0 124DC.Approp.$1 OOK. TXP& WR. Trails. Grant. WestGuth .Park. Ord _.doc
Page 2 of 2
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. 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,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C :\DOCUME -1 \olgar\LOCALS-1 \ T em p\06. 0 124DC.Approp.$1 OOK. TXP & WR. Trails. Grant.WestGuth. Park.Ord _ .doc
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 31,2006
AGENDA ITEM:
Ordinance appropriating $500 donation from Wal Mart in the No. 1067 Parks and
Recreation Grants Fund to be used as a cash match for the Texas Parks and Wildlife
Recreational Trails Program; and declaring an emergency.
ISSUE: Wal Mart, Inc. has made a cash donation towards the Texas Parks and
Wildtife Recreational Trails Program.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City
Manager or his designee to appropriate these funds.
PREVIOUS COUNCIL ACTION: none
FUNDING: Donated funds will be combined with the grant award from Texas Parks
and Wildlife and City cash match within the Parks and Recreation Grant Fund 1067.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
ordinance.
~~
.JJ1'Sally Gavlik, Director
~ Parks and Recreation Department
Attachment:
Background Infonnation
BACKGROUND INFORMATION
The City of Corpus Christi has been awarded a $100,000 grant from Texas Parks and
Wildlife to construct and resurface approximately 4,680 feet of trail at West Guth Park.
Wal Mart, Inc. has donated $500 to assist with the required grant cash match.
Page 1 of 2
ORDINANCE
APPROPRIATING $500 DONATION FROM WAL MART IN THE NO.
1067 PARKS & RECREATION GRANTS FUND TO BE USED AS A
CASH MATCH FOR THE TEXAS PARKS AND WILDLIFE
RECREATIONAL TRAILS PROGRAM; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $500 donation from Wal Marl is appropriated as a cash match for
the Texas Parks and Wildlife Recreational Trails Program in the No. 1067 Parks &
Recreation Grants Fund.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved 24 January 2006
t;;r~s
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C:lDOCUME -1 \olgar\LOCAlS-1\ T empl06. 0 124DC .Approp.$500cash. Match. TXP &WR.Trails.Ord .doc
Page 2 of 2
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
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C: \DOCU ME -1 \oIgar\LOCALS-1 IT emp\06. 0 124DC .Approp. $500cash. Match. TXP & WR. Trails.Ord .doc
6
AGENDA MEMORANDUM
DATE: January 31, 2006
SUBJECT: Mary Carroll Channel Drainage Improvements, Phase 2
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract to Garrett Construction of Ingleside, Texas in the amount of
$879,943.90 for Base Bid "A", Base Bid "B" and Alternate Bid 1 for the Mary Carroll
Channel Drainage Improvements, Phase 2.
ISSUE: Property development within the Mary Carroll Channel drainage basin is
generating increased upstream runoff and is flooding downstream properties. This project
will address adverse conditions in this area by improving channel drainage. Phase 1 ofthe
Mary Carroll Channel Drainage Improvements project was completed in January 2005. The
Phase 2 portion of the project has bid and the construction contract is ready to be
awarded, which requires Council approval.
FUNDING: Funds for this project are available in the Fiscal Year 2004-2005 Storm Water
Capital Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
r
~~ l/z40,
d Valerie Gray, .E.
I, Director of Storm Water Services
~.t &~J'<k/ 1/~/P6
~ I R. Escobar, P.E. /'
Director of Engineering Services
~ional Support Material:
Exhibit "An Background Information
Exhibit liB" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "0" Location Map
HIHOME\RachellelGENIDrainage\2253 (2047)\Agenda Memo doc
BACKGROUND INFORMATION
SUBJECT: Mary Carroll Channel Drainage Improvements Phase 2 (Project No. 2253)
PROJECT BACKGROUND: The Mary Carroll Channel is the major drainage outfall for a
large portion of the newly developing area on the south side of Corpus Christi. Continuing
development within the drainage basin is increasing the flows through the Carroll Channel.
Flooding has been increasing in the area of the channel from Rodd Field Road
downstream to the South Fork Subdivision where Oso Parkway crosses the channel. The
existing channel is too small to accommodate the runoff it is receiving.
In the Mary Carroll Channel Drainage Improvement report completed in January 2000,
several improvements were identified to help relieve the flooding conditions. These
improvements have been included in the City's Storm Water Capital Improvement program
under several different phases to facilitate construction. Phase 1 of the Mary Carroll
Channel Drainage Improvements project was completed in January 2005. The overall
project consists of the following phases:
· Construction of a new flat-bottom drainage channel with 1: 1 side slopes
· Widening of the channel near Rodd Field Road
· Increasing the openings of Oso Parkway Crossing
· Clearing of a downstream outfall channel
PROJECT DESCRIPTION: The Mary Carroll Channel Drainage Improvements Phase 2
consists of four sites:
~ Site 1 is the upper channel section
~ Site 2 is the Oso Parkway channel crossing
~ Site 3 is the lower channel section
~ Site 4 is the inlet work on Mansions Drive
The project was bid as follows:
Sase Bid "A" (which includes Site 1) consists of re-grading approximately 998 linear feet
of 40-foot wide flat-bottom drainage channel with 1:1 side slopes, and seeding and
removing an existing concrete spillway.
Sase Bid "B" (which includes Sites 2 and 4) consists of constructing approximately 208
linear feet of 8'x 4' precast concrete box culvert, 248 linear feet of 24" and 30"
reinforced concrete pipe, storm water inlets and manholes, concrete pavement repair,
asphalt pavement repair, curb and gutter and sidewalk replacement, and traffic control.
Alternate Sid 1 (which includes Site 3) consists of re-grading/constructing 1,762 linear
feet of 40-foot wide flat-bottom drainage channel with 1: 1 side slopes and seeding.
BID INFORMATION: The City received proposals from two bidders on January 18,2006
(see Exhibit "S" Bid Tabulation). The engineer's estimated construction cost was
$1,076,785. The bids for Base Bid "A" + Base Sid "B" + Alternate Bid 1 ranged from
$879,943.90 to $1,344,11717 City staff and the City's consultant, J.R. Thompson
Engineering, recommend awarding the contract to Garrett Construction of Ingleside, Texas
';:\HOMEIRachelle\GEN\DralOage\2253 (2047)\AGENDA BACKGROUND doc
in the amount of $879,943.90 for Base Bid "A", Base Bid liB", and Alternate Bid 1.
CONTRACT TERMS: The contract specifies that the project will be completed in 270
calendar days for Base Bid "A", Base Bid liB" and Alternate Bid 1, with completion
anticipated by the end of October 2006.
PRIOR COUNCIL ACTION:
1. February 9, 1999 - Motion authorizing the City Manager, or his designee, to award a
Contract for Professional Services to J.R. Thompson Engineering in the amount of
$405,500 for the following projects: (Motion No. M99-040)
· Glen Arbor and Crossgate Subdivision Drainage Improvements
· Mary Carroll Channel Widening From Rodd Field Road to Oso Creek
· Drainage System Water Quality Improvements
· Sanitary Sewer Installation in Developed Areas: Bass Subdivision
2. Julv 27. 2004 - Motion authorizing the City Manager, or his designee, to award a
construction contract to Garrett Construction of Ingleside, Texas in the amount of
$129,721.50 for the Mary Carroll Channel Improvements, Phase 1. (Motion No.
M2004-289)
3. December 14, 2004 - Resolution recognizing the public necessity of acquiring drainage
easements for the Mary Carroll Channel Widening - Rodd Field Road to Oso Creek,
Project #2047, for drainage purposes in connection with said project; and authorizing
acquisition by means of negotiations or eminent domain proceedings by the City of
Corpus Christi in acquiring the easements. (Resolution No. 026020)
4. February 22. 2005 - Motion authorizing the City Manager or his designee to execute a
Drainage Easement instrument with William Edward Burdette for the acquisition of
Parcel 2, in the total amount of $38,754, for drainage purposes in connection with the
Mary Carroll Channel Widening Project (#2047). (Motion No. 2005-059)
5. March 29. 2005 - Approving the FY 2005 Capital Budget in the amount of
$178.074,800. (Ordinance No. 026188)
PRIOR ADMINISTRATIVE ACTION:
1. April 8. 1999 - Administrative approval of Amendment No. 1 to a Contract for
Professional Services with J. R. Thompson Engineering at no cost for the following
projects:
· Glen Arbor and Crossgate Subdivision Drainage Improvements
· Mary Carroll Channel Widening From Rodd Field Road to Oso Creek
· Drainage System Water Quality Improvements
· Sanitary Sewer Installation in Developed Areas: Bass Subdivision
Subsequent amendments (Amendment Nos. 2-8) were administratively approved for the
contract as listed above on the following dates and in the following amounts:
Amendment NO.2
Amendment No. 3
Amendment NO.4
Amendment NO.5
Amendment NO.6
Amendment NO.7
Amendment NO.8
May 6, 1999
February 24, 2000
August 17, 2001
July 30,2002
September 5,2002
August 21, 2003
March 4,2005
$10,000.00
$11,300.00
$2,100.00
$9,400.00
$2,200.00
$4,800.00
-$0-
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Page 3 of 4
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EXHIBIT "B"
Page 4 of 4
PROJECT BUDGET
MARY CARROLL CHANNEL
DRAINAGE IMPROVEMENTS PHASE 2
(Project No. 2253)
January 31, 2006
FUNDS AVAILABLE:
Storm Water. ..... .... ... ... .
FUNDS REQUIRED:
Construction (Garrett Construction)........ ........... ....
Contingencies (10%).... ............. ........ ...... ....
Consultant (JR. Thompson Engineering) Pro-Rated, Ph. 2.
Construction Inspection Activity............. .".........
Misc (Printing, Advertising, etc.) . .. . .. , . ... .....
T~al ,. ..' .. '" .... .. ........
H '\HOME\RacheIIeIGEN\Drainage\2253 (204 ?)\Project Budget
$1,037,236.90
$879,943.90
87,994.00
40,735.00
26,398.00
2,166.00
$1,037,236.90
EXHIBIT "C"
Page 1 of 1
. ./e ,Mproject \councilexhlblts \ exh2153.dwg
ORPJj CHR/.'J! SA Y
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PROJECT LOCA TION
fIj 2#4
NOT TO SCALE
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CITY PROJECT No. 2253
VICINITY MAP
NOT TO SCALE
EXHIBIT -D-
MARY CARROLL CHANNEL
DRAINAGE IMPROVEMENTS PHASE 2
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST/, TEXAS
OEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 01-24-2006
~
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7
AGENDA MEMORANDUM
January 31, 2006
SUBJECT: HEB Tennis Center - Project No. 3276
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Australian Courtworks, Inc. of Brandon, Mississippi in the amount of $535,600.00 for
the HEB Tennis Center Improvement Project (Bond 2004) and the West Oso Tennis
Courts (CDBG).
FUNDING: Funding is available from the 2005 Park and Recreation CIP Fund, and CDBG
Fund.
RECOMMENDATION: Approval of the motion as presented.
,-
~~
t '.2J ~6
g I R. Escobar, P. E.
irector of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Bid Tabulation
Exhibit C. Budget
Exhibit D. Site Map
H :\HOMEIKEVI NS\GE N\P AR KS\32 76HE BClr\ConstruclionAwdMemo. doc
BACKGROUND INFORMATION
PROJECT DESCRIPTION: The Corpus Christi Tennis Association and HEB Center emphasized
the need for tournament level courts to re-attract competitions and tournaments that had left Corpus
Christi Review of the court requirements emphasized that only post-tensioned overlay courts could
provide the lifetime and quality needed. It was also revealed that the need that the work must be
performed by a highly experienced contractor specializing in post-tensioned tennis courts to ensure
the necessary result. The project architect developed a qualification requirement limited the number
of qualified firms to the specialty companies that perform this work. None of those companies are
located in Corpus Christi, Texas.
The courts have deteriorated over the years and no longer provide the competition level surface
required to attract tournaments. The architect has met and worked closely with the HEB Tennis
Center manager and officers of the Corpus Christi Tennis Association (CCTA). The contract
documents provide for construction work to not interfere with major tournaments. The Center
Manager and CCT A were closely involved in the project scheduling and concur with the work
program
The project consists of the construction of post-tensioned concrete courts over eight (8) existing
asphalt courts. The project will also paint, patch, fill "bird baths", and resurface three asphalt courts,
and prOVide new fencing and windscreens for fifteen courts. The project also includes work for
accessibility in the parking lot and pedestrian ramps
The West Oso Tennis Court Resurfacing was bid with the project in an attempt to achieve an
economy of scale and attract more bidders. The project will resurface four courts install new net
posts, replace fencing. remove backboards and install two new backboards.
PROJECT BID STRUCTURE: The contract was bid as two base bids. The first base bid was for
HEB Tennis Center and four additive alternates. The second base bid was for resurfacing the West
Oso Tennis Courts. The structure of the HEB Tennis Center bid was designed to ensure maximum
funding would be expended properly while ensuring that a bid could be awarded.
Base Bid A (HEB) provides for
demolition of three courts:
concrete overlay of eight courts;
· paint, patch cracks, fill bird paths and resurface of seven courts;
· removal of four light poles, reuse of two light poles and other electrical work; and
· parking lot and accessible ramp.
Additive Alternate NO.1 provides:
· paint, patch cracks, fill bird paths and resurface of three courts;and
· new fence and wind screens on north end of three courts.
Additive Alternate NO.2 provides for:
· provision of new fence fabric and wind screens.
Additive Alternate NO.3 provides for:
· concrete overlay, sand fill, and surfacing for one court;
· new fence and wind screens; and
· reuse of two existing light poles and installation of two new light poles.
H' IHOME IKE VI NS IG E NIP AR KSI32 76HE BClrlCo n structionAwdBkgExhA doc
EXHIBIT A
Page 1 of 2
Additive Alternate No.4 provides:
· demolition and disposal of two courts;
concrete overlay, sand fill, surface treatment of two courts;
new fence and fabric; and
relocation of existing light pole.
FUNDING: A total of $500,000 is available for the HEB Tennis Center from the 2005 Park and
Recreation CIP Fund (2004 Bond). The West Oso project is funded by the Community
Development Block Grant Program. See Project Budget (Exhibit B).
BIDS: Bids were opened Wednesday, January 18, 2006. See Bid Tabulation (Exhibit C). The City
received one bid from Australian Courtworks of Brandon, Mississippi. Australian Courtworks is a
specialty tennis court contractor that has completed many large competition level tennis facilities.
The bid was:
Base Bid A - HEB Center
Additive Alternate #1
Additive Alternate #2
Additive Alternate #3
Additive Alternate #4
Base Bid B - West Oso
$377,300
$19,000
$44,300
$83,000
$94,300
$95,000
RECOMMENDATION: Award of Base Bid A, Additive Alternates 1 and 2, and Base Bid B to
Australian Courtworks is recommended.
H . \HOME IKE VI NS\GEN\P ARKS \3276H E BCtr\ConstructionAwdBkg ExhA .doc
II EXHIBIT A II
Page 2 of 2
IABULATlON OF BIDS
nEPARTMENT OF ENGINEERlNG - CITY OF CORPtlS CRHISTI, TEXAS
Page 1 of 2
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: Wednesday, January 18, 2006 TIME OF COMPLETION: 90 CD (Base Bid Only)
ENGINEER'S EST: $377,400
r-
I
I HEB TENNIS CENTER IMPROVEMENT Australian Courtworks Inc.
PROJECT BOND 2004 1030 Hwy 471, #105-A
Brandon. MS 39042
Bid Tabulation- PROJ # 3276
Bid
Item DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
!
_~ASE BID A (HEB) I I
-. ---f-- _.
I
BBA-1lBondsllnsurance LS 4,50000 I 4.500.00
! I
..--t...------u.- ! I
BA-2~ Demolition & Disposal for Courts 8. I I
12.20&23 i 1 LS 3,80000 I 3,800.00
I
I i
3-~
Concrete Overlay Sand Fill. Surface I I ,
BBA-3 Preparation and Painting for Courts 7 8, 1 ~, 12. 8 CT 37.000.00 I 296.00000
,
2021.22&23 i I
- - . . ..-- --t--..
. I
Pamt. Patch CracKs. Fill Bird Baths & Resurface . 5.00000 I
BBA-4 Courts 1, 2. 5. 6, 9.10,16 wl2 coats resurfacing I EA 35.000.00
!
and 2 coats acrylic finish I i
Remove & Reinstall Existing Fence Fabrick with I I
BBA-5 new botton rails, reuse existing Windscreen for I LS 27.500.00 I 27.50000
various Courts, and provide new fence on Court
23 as shown I
Electrical Work - Remove 4 light poles, reuse 2 I
I
BBA-6 poles and provide necessary electrical work as LS 7,00000 I 7,00000
shown I
BBA-7 Parking Lot and all associated work ., LS 3,50000 3,50000
I TOTAL BASE BID A (HEB) I 377.30000
I
i _.. i
IADDITIVE ALTERNATE #1 -+ I
Paint. Patch Cracks, Fill Bird Baths & Resurface I
A1-1 Courts 13,14, & 15 wl2 coats resurfacing and 2 3 i CT 5,00000 i 15.00000
coats acrylic finish i
A1-2 Provide New Fence and Windscreen on north [ LS I 4.00000
end of Courts 13, 14. and 15 ~--+ 4,00000 I
---.
I
!TOTAL ADDITIVE ALTERNATE #1 i 19.000.00
i -----+
f----t--- --
I
fADDITIVE ALTERNATE #2 I
A2_1!:rOVide New Fence Fabric and Windscreen as LS 44.300.00 44.300.00
i shown
-.---j- "'.- ._-
I
I TOTAL ADDITIVE ALTERNATE #2 --t- 44,300.00
-~-,-- ---
I
I ADDITIVE ALTERNATE #3 I
-. ! CT
A3-1 Concrete Overlay. Sand Fill, Surface 1 49,50000 49,500.00
Preparation and Painting for Courts 24 I
Exhibit B
Page 1 of2
TABULATION 01' BIDS
IlEPARTMENT OF ENGINEERING - ("(TV OF CORPIIS CRHlSTI, TEXAS
Page 2 of 2
TABULATED BY: 'Angel R. Escobar, P,E., Director of Engineering Services
DATE: Wednesday, January 18, 2006 TIME OF COMPLETION: 90 CD (Base Bid Only)
ENGINEER'S EST: $377,400
HEB TENNIS CENTER IMPROVEMENT Australian Courtworks Inc.
PROJECT BOND 2004 1030 Hwy 471, #105-A
Brandon. MS 39042
Bid Tabulation- PROJ # 3276
A3-2 New fence with New Fence Fabric and 1 LS 18,600.00 18,600.00
Windscreen as shown
Electrical Work - Reuse existing 2 light poles, 14.90000 !
A3-3 provide 2 new Igiht poles and all associated 1 LS 14,90000
electrical work as shown
TOTAL ADDITIVE AL TERNA TE #3 83.00000
ADDITIVE ALTERNATE #4 ,
~- -~--- -
A4-1 Demolition & Disposal for Courts 3 & 4 1 LS 2.000.00 2.000.00
A4-2 Concrete Over1ay, Sand Fill, Surface 2 CT 37,000.00 74.00000
Preparation and Painting for courts 3 & 4
A4-3 New fence and Fabric and all associated fence I 1 LS 12.800.00 12,80000
work as shown I
A4-4 Relocate existing Light Pole and all associated I I LS 5.500.00 5.50000
electrical work as shown I
I--
TOTAL ADDITIVE AL TERNA TE #4 1 i 94,30000
---i i
-- !
BASE BID B (CDBG) i
B8B- Asphall overlay, surtace preparation anapalnted
1 surface. New netposts and net. New fence 1 LS 95.000.00 95,000.00
hhr;~ o_~_,,_
! , 95,000.00
TOTAL BASE BID B (CDBG) i
BID SUMMARY
--.------..-
BASE BID A (HEBI 377.30000
1--
BASE BID A (HEB) + A.A. #1 , 396,300.00
I--
TOTAL BASE BID A (HEBI + A.A. #1 + A.A. #2 I 440,600.00
~. I
BASE BID A + A.A. #1 + A.A. #2 + A.A. #3 , 523,600.00
i i
TOTAL BASE BID A + A.A. #1 + A.A. #2 + ! 712,900.00
A.A. 13 + A.A. #4 + BASE BID B
TOTAL BASE BID A + A.A. #1 + A.A. #2 + 535,600.00
BASE BID B
Exhibit B
Page 2 of 2
PROJECT BUDGET
HEB Tennis Center Improvements - 2005
(project No. 3276)
January 31, 2006
FUNDS AVAILABLE:
Park & Recreation CIP Fund
CDBG Fund
Total
FUNDS REQUIRED:
Construction (Malek Inc.)........... ........ ....... .....
Contingencies (4%). ................. ....
Professional Services (Dykemas and Associates Inc.)
Construction I nspection Activity. . . . . . . . . . .
Testing and Laboratory Services
Misc. (Printing, Advertising, etc.).
Total ..
$500,000.00
$105,000.00
$605,000.00
$535,600.00
21,900.00
35,000.00
7,000.00
3,500.00
2,000.00
$605,000.00
CostructionAwdBudgetExhC xis
EXHIBIT "C"
Page 1 of 1
",Ie " \HOME\Mpro)ect\councilexhlblts\exh3276.dwg
PROJECT LOCA TION
WEST OSO COURTS
~:HRISTl BAY
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--.....
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PROJECT LOCA TION
HEB TENNIS CTR
BEAR
F.M. 43
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LOCA TION MAP
NOT TO SCALE
PROJECT # 3276
HEB TENNIS CENTER IMPROVEMENTS
PROJECT (Bond Issue 2004)
WEST OSO TENNIS COURT PROJECT
(CDBG Funds 04 & 05)
EXHIBIT "D"
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST/, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 0 1-3 1-2006
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8
AGENDA MEMORANDUM
SUBJECT: Traffic Congestion Management
Airline Road Northbound Right-Turn Lane at
SH 358 Eastbound Frontage Road
(Bond Issue 2004)
DATE: January 31,2006
AGENDA ITEM
A. Ordinance appropriating a payment in the amount of $46,474 from SOl Reality in
the No. 3530 Street CIP Fund for the developers share of construction of the Traffic
Congestion Management project at Airline Road Northbound Right-Turn Lane at SH
358 eastbound Frontage Road (Bond Issue 2004); amending capital budget
adopted by Ordinance No. 026188 by increasing appropriations by $46,474; and
declaring an emergency.
B. Motion authorizing the City Manager, or his designee, to execute Change Order No.
3 to a construction contract with King Isles, Inc. of Corpus Christi, Texas, in the
amount of $188,245.35 for construction of the Traffic Congestion Management
Project at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage
Road (BOND ISSUE 2004).
ISSUE: The Traffic Congestion Management Project is part of the Bond Issue 2004
package. The proposed Change Order NO.3 addresses traffic congestion along Airline
Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road. Council
approval is required to complete the project.
FUNDING: Funding is available from the FY 2004-2005 Street Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
r
-J!~ ~-t--
, g I R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Maps
Exhibit "0" Bid Tabulation
Exhibit "E" Developer Agreement
~nHOME\L YNDASIGENlStreels\2004 Bond Issuel6284 Traffic Congeslion MgmtlAirline Road Contracl1IAGENDA MEMO.doc
BACKGROUND INFORMATION
SUBJECT: Traffic Congestion Management
Airline Road Northbound Right-Turn Lane at
SH 358 Eastbound Frontage Road
(Bond Issue 2004)
PROJECT 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 projects target the City's most immediate needs to improve
existing physical facilities, provide for growth, and protect the City's investment in its
infrastru ctu re.
The Traffic Congestion Management Project was approved November 2,2004 in the Bond
Issue 2004 Package under Proposition NO.1 Street Improvements. This project consists
of city-wide construction of traffic smoothing measures including left and right turn lanes
along the City's major traffic corridors as follows:
1. Alternate Access Corridors (Preliminary Phase) - The western portion of Moore
Plaza and the shopping center anchored by Best Buy only have access to Padre
Island Drive frontage roads and Everhart Road. This project will identify alternate
access routes to less congested roadways for these areas. Right-of-way needs and
utility relocations will be identified. Estimates of probable cost will be developed.
Other areas will be reviewed for alternate access management opportunities.
2. Left and RiQht Hand Turn Lanes alonQ Corridors (Preliminary Phase) - Traffic
movement along Staples, Weber, Airline, Alameda, and Everhart is impeded by left
and right turn movements. This project will identify intersections where
modifications will address congestion along these corridors.
3. Joint Drive Access AlonQ Corridors (Preliminary Phase) - An Access Management
Study by the Corpus Christi Metropolitan Planning Organization along the Everhart
Road corridor showed that one of the principal causes of congestion is turning
movements from multiple driveways. This project will develop an access
management ordinance, a model joint and cross access agreement, and a model
incentive agreement for retrofit. This project will evaluate Staples, Weber, Airline,
Alameda, and FM 624 corridors and recommend improvements. Other corridors will
be reviewed for access management opportunities.
4. ConQressional / Everhart Left Turn Lane - Traffic movement along Everhart Road
between Holly Road and Saratoga Boulevard is impeded by left turn movement at
the Congressional intersection. This project will provide for left turn lanes at this
intersection.
EXHBIT "A"
Pa e 1 of 4
H ,HOMEIl vND4S'GENIStreets'2004 Bond Issuel6284 Traffic Congestion MgmtlAirllOe Road Contract 1IAGENDA BACKGROUND.doc
DEVELOPMENT SERVICES AND SDI REALTY: On December 1, 2004, the Planning
commission approved the plat of Shannon Middle School Tract, Block 1, Lots 2, 3, & 4.
Staff, in its comments to the Planning Commission recommended that no additional
driveways be permitted from Lot 4 to Airline Road consistent with the earlier negotiations
with Lowe's Home Centers, Inc. The Planning Commission approved the plat without the
recommended driveway restrictions and left the driveway considerations to the building
permit.
Subsequently, on May 23,2005, SOl Realty submitted commercial construction plans for
Padre Commons Plaza development indicating two additional driveways on Airline Road.
After internal discussions, Development Services and the City's traffic consultant
determined that one additional driveway could be permitted if it was placed at the southern
edge of Lot 4 outside the transition and storage area of the exclusive right turn lane.
On June 28, 2005, City staff recommended the City Council uphold the Development
Services Department recommendation denying the construction of the two driveways as
proposed and allowing only one driveway from Airline Road within the "tangent area" as
indicated in the original recommendation.
REQUIRED IMPROVEMENTS:
Developer agrees to contribute the share of access management improvements to include
materials and installation of delineators with curb along the right turn lane and along the
double yellow center line separating traffic, and new traffic island at the intersection of
Airline Road and S.H. 358 to address the traffic safety issues from the driveway
approaches onto Airline Road,
Developer will participate in the construction of the described access management
improvements and Developer's share will consist of the cost of the materials and
installation of the delineator system with curb along the right turn lane and along the double
yellow center line separating traffic on Airline, and new traffic island at the intersection of
Airline Road and S.H. 358.
CHANGE ORDER NO.3: The proposed Change Order No.3 addresses traffic congestion
at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road. This
change order will construct a right-turn lane improvement that will widen the current right-
turn lane within 100-feet of the intersection and provide for a new traffic island along with
ADA curb ramps, crosswalks and the relocation of an existing pedestrian signal pole.
The change order also includes seal coating Airline Road for 600-feet from the intersection,
provide new lane striping, pavement markings and new traffic control delineation markers
that will control access on and off of Airline Road within 600-feet of the intersection. See
Exhibit "C" Location Maps. The total cost of the change order is $188,245.35. See Exhibit
"0" Bid Tabulation.
The Developer, SOl Realty, has agreed to pay $46,474 for the following items:
EXHBIT "A"
Paae 2 of4
H\HOME\LYNDAS\GEN\StreelsI2004 Bond Issue\6284 ~ Traffic Congestion MgmtlAlfllne Road Contract 1IAGENDA BACKGROUND.doc
· Mobilization I Demobilization I Bonds
· 5-inch Concrete Traffic Island
· ADA Compliant Curb Ramp
· 6-inch Concrete Curb along Roadway Pavement
. Traffic Control
· 12-foot White Crosswalk with 24-inch transv Line Markings
· Delineators, Reflectorized Paddle
The City has agreed to pay for the seal coating, permits, and the remaining work in the
amount of $141,771.35.
SEALED QUOTES: Sealed quotes were solicited from three (3) local contractors for the
traffic congestion work at Airline Road. The bids range as follows:
~
--~- ----
. King Isles, Inc. $188,245.35
. Big State Excavation, Inc. $287,533.88
"- BaY~hTD_ - ~-- $295,507.00
The Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and
Utilities) contract with King Isles, Inc. was selected for the proposed Change Order NO.3
based on the following criteria:
· The construction contract is below the 25% limit amount of change order capacity.
· The Change Order No. 3 in the amount of $188,245.35 will not surpass the 25%
change order limit.
· King Isles, Inc. has the ability to begin construction immediately; and can complete
the project prior to tenants occupying the Padre Commons Plaza development.
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. June 28, 2005 - Council consideration of an appeal by SDI Realty of a
Development Services Department decision denying multiple driveway accesses on
Airline Road to the proposed Padre Commons Plaza development (Shannon Middle
School Tract, Block 1, Lots 2, 3, & 4) located south of South Padre Island Drive and
east of Airline Road at 1502 Airline Road.
EXHBIT "A"
Pa e 3 of 4
H:\HOME\l YNDAS\GENIStreetsI2004 Bond Issuel6264 . Traffic Congestion MgmtlAlnme Road Contract 1IAGENDA BACKGROUND.doc
5. Auaust 30,2005 - Motion authorizing the City Manager, or his designee, to execute
a Contract for Professional Services with HDR Engineering, Inc. in the amount of
$236,901 for Traffic Congestion Management (Bond Issue 2004) (Motion No.
M2005-297).
PRIOR ADMINISTRATIVE ACTION:
1. 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).
2. 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).
3. 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).
EXHBIT "A"
Pa e 4 of 4
H\HOMEIl YNDASIGEN\Streels\2004 Bond Issue\6284 Traffic Congestion MgmtlAirline Road Contracl1IAGENDA BACKGROUND.doc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
January 31, 2006
PROJECT: C. C. I. A. Industrial Park, Phase 1
(Project No. 1098)
APPROVED: City Council Motion No. M2005-352 on October 11, 2005
CONTRACTOR: King-Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
TOTAL CONTRACT AMOUNT...................
25% Limit Amount..... ... ...........................
TOTAL. . . . . . . . . . . .. . .. . . . . .. . . . . .. . . . . . . . .. . .. . .. . ........
. .
$1,423,851.05
355,962.76
15,780.00
3,600.00
188,245.35
$207,625.35 14.58% < 25%
H'USERS2\HOMEIVELMAPIGEN'AIRPORTl10,'9 DEVELOPMENT IMPS\CHANGE ORDER NO. 31CHANGE ORDER SUMMARY
EXHIBIT "B"
Page 1 of 1
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DEVELOPER COST SHARE AGREEMENT
FUNDING ACCESS MANAGEMENT IMPROVEMENTS
STATE OF TEXAS ~
COUNTY OF NUECES ~
THIS AGREEMENT IS entered into between the City of Corpus Christi, a Texas Home-Rule
Municipal Corporation, P O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter
called "City" and SOl Realty, LTD., a Texas Limited Partnership, 712 Main, 29th Floor,
Houston, Texas 77002 hereinafter called "Developer".
WHEREAS, Developer in compliance with the City's Platting Ordinance, has recorded the
plat, Shannon Middle School Tract, Block 1, Lots 2, 3 and 4, Volume 64, Pages 103 & 104
for the development of Lot 4 as the Padre Commons Plaza, hereinafter called
"Development", EXHIBIT A; and,
WHEREAS, the Developer has commenced construction of a retail development and related
site improvements within the respective subdivision lot in accordance with City approved
Building Permit, and
WHEREAS, the Developer wants to proceed with construction of driveway approaches onto
Airline Road without delay and interruption per Motion No. 2005-212 approved by City
Council on June 28, 2005; and,
WHEREAS, the City will contract for the design and construction of the required access
management improvements, excluding driveway approaches, for expedience and to avoid
conflict with the developer's time schedule.
WHEREAS, the City will participate in the cost of the access management improvements
and,
NOW THEREFORE, the City and Developer, for and in consideration of the mutual
covenants herein exchanged to be kept and performed, the parties do hereby covenant, and
agree as follows:
City authorizes the construction of driveway approaches per the layout submitted to
Developer on August 23, 2005.
Developer agrees to contribute the share of access management improvements to include
materials and installation of delineators with curb along the right turn lane and along the
double yellow center line separating traffic, and new traffic island at the intersection of
Airline Road and S.H. 358 to address the traffic safety issues from the driveway approaches
onto Airline Road,
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block 1, Lot 4
Page I ,,1'4
EXHIBIT "E"
Page 1 of4
REQUIRED IMPROVEMENTS
Developer will participate in the construction of the described access management
improvements and Developer's share will consist of the cost of the materials and installation
of the delineator system with curb along the right turn lane and along the double yellow
center line separating traffic on Airline, and new traffic island at the intersection of Airline
Road and S.H. 358 as shown on the attached EXHIBIT B.
CONSTRUCTION CONTRACT A WARD
City will design the improvements, bid construction of the improvements, and award a
construction contract for the required access management improvements, excluding driveway
approaches, along Airline Road to address the traffic safety and congestion issues resulting
from the two permitted driveways providing access to Lot 4, Block 1, Shannon Middle
School Tract.
DEVELOPER SHARE AND DEPOSIT
Developer shall deposit the amount of $46,474 with the City. The amount of the deposit is
determined by the Contractor bid prices dated January 16, 2006, EXHIBIT C, as
Developer's share of the required access management improvements, described in the
Required Improvements.
INDEMNIFICATION:
OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS
THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS,
("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON
ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION
ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS),
OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH
ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE
CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH
THE DESIGN, CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION,
USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE
ACCESS MANAGEMENT IMPROVEMENTS ASSOCIATED WITH THE
DEVELOPMENT OF SHANNON MIDDLE SCHOOL TRACT, BLOCK 1 LOTS 4,
INCI,UDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM.
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block 1, Lot 4
Page 2 of 4
EXHIBIT HE"
Page 20f4
This agreement is a covenant running with the land and shall become effective and shall be
binding upon and shall insure to the benefit of the parties hereto and their respective heirs,
successors, and assigns from and after the date of execution.
EXECUTED IN DUPLICATE originals, this___ day of
, 2006.
DEVELOPER:
SOl Realty, LTD.
Charles W. Shears, General Partner
ST ATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2006, by Charles
W. Shears, as General Partner, of SOl Realty, L TO., a Texas limited liability partnership, on
behalf of said partnership.
Notary Public, State of Texas
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block 1, Lot 4
Page 3 of 4
EXHIBIT "E"
Page 3 of4
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
APPROVED:
_._._ day of ~____u_______, 2006
By:_
Gary W. Smith
Assistant City Attorney
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2006, by George
K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home-rule municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block I, Lot 4
Page 4 of 4
EXHIBIT "E"
Page 4 of 4
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Page 1 of 1
ORDINANCE
ORDINANCE APPROPRIATING A PAYMENT IN THE AMOUNT OF
$46,474 FROM SDI REALTY IN THE NO. 3530 STREET CIP FUND
FOR THE DEVELOPER'S SHARE OF CONSTRUCTION OF THE
TRAFFIC CONGESTION MANAGEMENT PROJECT AT AIRLINE
ROAD NORTHBOUND RIGHT TURN LANE AT SH 358 EASTBOUND
FRONTAGE ROAD (BOND ISSUE 2004); AMENDING CAPITAL
BUDGET ADOPTED BY ORDINANCE 026188 BY INCREASING
APPROPRIATIONS BY $46,474; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $46,474 payment from SDI Realty is appropriated for the
developer's share of construction of the Traffic Congestion Management project
at Airline Road northbound right-turn lane at SH 358 eastbound frontage road
(Bond Issue 2004).
SECTION 2. That the Capital Budget adopted by Ordinance No. 026188 is
amended to increase appropriations by $46,474.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
__ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: January 26, 2006
~ ~
o(_A./~.' v
Lisa Aguilar !
Assistant City Attorney
for City Attorney
9
CITY COUNCIL
AGENDA MEMORANDUM
January 31,2006
AGENDA ITEM: Resolution recognizing the public necessity of acquiring street right-of-
way for the Rodd Field Village Public Improvement District, Projects 7243/8417. for street
improvements and other municipal purposes; and authorizing acquisition by means of
negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring said
right-of-way.
ISSUE: Rodd Field Village requires the installation of public improvements that can only
be accommodated through an improvement district. This requires a subdivision plat and
public improvements to be designed through an engineering contract. City Land
Acquisition staff will soon commence negotiations for acquisition of street right-of-way
needed for this project. This resolution declares this project is for public purposes allowing
the City to use the right of eminent domain as stated in the Texas Local Government Code,
Title 8, Section 251.001 Right of Eminent Domain. The resolution further permits City staff
or its agents to negotiate for land rights and for the use of eminent domain procedures, if
necessary, when negotiations have reached an impasse.
FUNDING: No funding is required at this time.
RECOMMENDATION: Staff recommends approval of the resolution as presented.
IrI;e ~/~ t/~r/P6
,I / '
Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Location Map
Resolution
H:\HOME\EUSEBIOG\GEN\Agenda Items\Rodd Field Village Public Imps\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Rodd Field Village Public Improvement Project (#7243/8417)
Resolution for Public Project and Acquisition of Land
PRIOR COUNCIL ACTION:
AUQust 21. 2001 . Motion authorizing the City Manager, or his designee, to execute an
engineering services contract with Urban Engineering in the amount of $89,700 for the
Rodd Field Village Improvement District. (Motion No. M2001-319)
FUTURE COUNCIL ACTION: Council approval will be required for future
engineering/consultant contracts, land acquisition contracts, construction contracts and
amendments with expenditures exceeding $25,000.
OVERVIEW: City Council approved the concept of the Rodd Field Public Improvement
District in October 2000. The first step of implementation of the Improvement District was
to bring the area into compliance with the City's platting requirements. The establishment
of the improvement district will allow the City to assess property owners the cost of platting,
engineering design and installation of improvements.
CDBG funding was made available strictly for planning (survey & platting) purposes.
Additional funding for engineering design of utility improvements will be provided by the
Combined Utility Fund. This project will require the implementation of a voluntary
assessment program which will provide funding for the installation of utilities and other
improvements. This assessment, which will recover the cost of improvements, does not
require the concurrence of all the individual property owners. Two of the fifty seven (57)
property owners have not yet signed the petition. Street improvements will be limited to
reconstruction of streets damaged by utility installations. The Utility Capital Improvement
Funds (Commercial Paper) will provide funding for wastewater and water improvements.
Platting will require the concurrence and signature of each property owner included in the
plat Owners which decline to sign the plat will be responsible to plat their property in the
future at their own expense. During the platting process, sections of private street right-of-
way will be dedicated to the public. There are presently 4.23 acres of private street
collectively held that will be acquired from Rodd Field Industries using condemnation. This
friendly condemnation is necessary due to unknown heirs and assigns of the organization.
Municipalities in Texas can acquire private land and easement rights for public purposes
with due compensation to the landowners. The City will be providing compensation to the
various landowners in the form of the credits against their total assessments. This
resolution certifies this project is for public purpose as stated in the Texas Local
Government Code, Title 8, Section 251.001 Right of Eminent Domain. The resolution
further permits City staff or its agents to negotiate for land rights and for the use of eminent
domain procedures, if necessary, when negotiations have reached an impasse.
H\HOMEIEUSEBIOGIGENlAgenda ItemslRodd Field Village Public ImpslBackground Info.doc
EXHIBIT A
Mp,.tee \i...ouf,c,k<n,b,ts \exhKUuOFltLOVILLdwg
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ROOD FIELD
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PROJECT 724318417
VICINITY MAP
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EXHIBIT B
RODD FIELD VILLAGE
IMPROVEMENT DISTRICT
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRIST/, TEXAS
PAGE: 1 of 1
DATE: 01/24/2006
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ROOD FIELD
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PROJECT 7243/8417
VICINITY MAP
NOT TO SCALE
EXHIBIT B
RODD FIELD VILLAGE
IMPROVEMENT DISTRICT
CITY COUNCIL EXHIBIT
OEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
DATE: 01/24/2006
;j
--
- -
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PAGE: 1 0 f 1
-----
RESOLUTION
RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING
STREET RIGHT-OF-WAY EASEMENTS FOR THE ROOD FIELD
VILLAGE PUBLIC IMPROVEMENT DISTRICT, PROJECT
7243/8417 FOR STREET IMPROVEMENTS AND OTHER
MUNICIPAL PURPOSES IN CONNECTION WITH THE
PROJECT; AND AUTHORIZING ACQUISITION BY MEANS OF
NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY
THE CITY OF CORPUS CHRISTI OR ITS AGENTS IN
ACQUIRING SAID RIGHT-OF-WAY.
WHEREAS, the City of Corpus Christi ("City") has implemented the street
improvement project known as the Rodd Field Village Public Improvement
Project 7243/8417.
WHEREAS, the street improvement project entered into the acquisition
phase of the project.
WHEREAS, there is a public necessity for this project and for the
acquisition of property rights, consisting of street right-of-way in the parcels of
land as shown and described in Attachment "A".
WHEREAS, the City is a municipal corporation and under Texas eminent
domain laws has the right to acquire right-of-way easements in the parcels of
land for the project and for other municipal purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, City Attorney, and agents of the City,
are authorized to acquire, either by negotiated purchase or by condemnation
proceedings under Texas law, the street right-of-way in the parcels of land shown
and described in Attachment "A", and for other municipal purposes.
SECTION 2. That public necessity requires the acquisition of property
rights, consisting of street right-of-way in said land, save and except the City
seeks to acquire no oil, gas, and mineral rights.
SECTION 3. That the City Manager, City Attorney and agents of the City
are authorized and directed to take such action as in their judgment is necessary
in connection with the filing and handling of any condemnation case for the
acquisition of said easements.
SECTION 4. That this resolution shall take effect immediately from and
after its passage.
Reso street right of way for Rodd held. doc
ATTEST:
Armando Chapa, City Secretary
Approved as to form ~" ~S
By:
~o~
Veronica Ocanas \.
Assistant City Attorney
For City Attorney
Reso stleet right ot wa\ tor Rodd held \ JOl
CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
,2006
____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 E. Marez
Jesse Noyola
Mark Scott
Rc,n st!':et nght of IVa\ lor Rood field \ doc
ATTACHMENT "A"
ROOD FIELD VILLAGE PUBLIC IMPROVEMENT DISTRICT
PROJECTS 7243/8417
NCAO TAX 10 # OWNER
.-- -..,---.--- ------ --,
1 247600211220 Morales Albert L.
c- -. - -~.__. Hull David A
2 247600210210
-- --,,_.,-,.- 247600210226 -"--'-"-~ Johnson Michael E. -----~-
3
f - --- 247600210239 --- - -- --
4 Glendenning Collins Reed
- ---.\ -------- ---
5 247600210213 Handley Shirtey Jones
-- -...-- ---,-._,-- -----
6 247600210273 Wilson, William H,
- -_.~--- ,-- .--- ---~-
7 247600210274 Wilson, William H,
-- -- ~ ~~.__.__. '-'---- --
8 247600210212 Hull, David A,
---"9 "~ -----------~- 0-"_-
247600210272 Brooks, Thomas et ux
- 10 '-] -------- 247600211222 -- Brooks, Thomas Wet ux Bonnie G, Brooks Rev Trust
- 1'1--+ 247600210224 Adame, Salvador & Norberta
1--12 ,-{- --
247600210218 Heinaman, Aubrey H et ux
-13- -- 247600210275 Heinaman, Aubrey Herbert
--14 - ---- 247600210278 Saffioti, Thomas M. & Heinaman, Aubrey H,
-15- 247600210270 Shaw, William J,
-16-- -"'-'-" 247600210219 Peal Air Cond Co c/o Patrick Jesse Peal
,-- 17--- ----'---- ---- Manak, William L.
247600210268
--18- - ---~_._.-. -- Casey, Kenneth C.
247600210260
--19"'- -- 247600210266 Asher, Zora Fay
-20'- --_.~._-- -_.._~---_.~_.-.
247600210267 Asher, lora Fay
-2'1'- -, 247600210265 Rodd Industries Inc.
--'22- .-----...- 247600210269 -- Vesely, Jerry J. Jr et ux Jacqueline G
""'23- ._---~-- 247600210271 Vesely, Jerry J. Jr et ux Jacqueline G
--24- .-...------.- 247600210222 .-.-- - _.~ Salazar, Eloy H and Ricardo A. Martinez
--- - ..-----
25 247600210263 Majek, John M. Jr et ux
-26'- ----....--
247600210252 Majek, Kathryne l.
-1.7- -.-....- - ---'-,. -'-..- -
247600210255 Majek Properties LLC
-2'8-- - ---- - 247600210256 . --.- Servo - Dynamics Inc --
2'9- n____,._.. 247600210257 ---.-- D & S Construction, Inc / Schury, Phyllis
"30 - 247600210259 Hartung, Jerry R.
-
31 247600210254 Garza, Fernando M. and Eloisa G. Garza
32 247600210216 Majek Properties LLC
.3'3-- --,
247600210250 Salmon, Charles A. Sr.
34 247600210235 Bender, Joseph
'35' - --. ,-
247600210230 Bender, Joseph
36'-- -- 247600210240 Isla Vista LLC
-------- 247600210245 Sunrise Properties LP
37
---.--
38 247600210249 Gunter, Buddie et ux Barba
~
39 247600210264 Gunter, Buddie et ux Barba
--,
40 247600210247 Gunter, Buddie et ux Barba
41 247600210277 Gunter, Buddy and Barbara Gunter WFE
42 . 247600210248 Sunrise Properties LP
--- - Morrow Services Co
43 247600210284
_.~-- 247600210280 Esparza, Julian T. et ux
44
45 247600210281 Salmon, Charles ALS
-I- ~ 247600210282 - Kocian, Michael A. and Susan L.
46
---I-
47 247600210289 Ruzicka, William J,
-48- I- 247600210288 Gidley, Dale R. & Sydna A, dba Dale's Import Service
49 247600210221 Wimer, Norman Keith
50 247600210237 Castaneda, Frank A
51 247600210232 Bratton, Ann H. & Patrick Veteto
52 247600210234 Kocian, Michael A and David C. Kocian
53 247600210215 Kocian, Michael A and David C.
- - 247600210242 Land, Werner & Sieglinde
54
- --
55 247600210241 Haeber & Rosales Roofing
---- - 247600210279 Cox,Don
56
57 -- 247600210258 Cook, Richard B./Nelle S. Revocable Living Trust
58 Rodd Field Enterprises, et al (Private Street R.O.W.)
.:.
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AGENDA MEMORANDUM
January 31 , 2006
AGENDA ITEM:
Motion authorizing the City Manager to execute a Bridge Construction
Deferment Agreement with The Lakes at King Estates, Inc., (Developer), in
the amount of $28,783.91 for the Developer's share for future construction of
a public bridge over a drainage channel to serve The Coves at Lago Vista
subdivision located south of FM 2444 (South Staples Street) and west of Oso
Creek, in accordance with the Platting Ordinance.
ISSUE: Eugene C. Urban with Urban Engineering on behalf of The Lakes at King Estates
Inc., submitted Deferment Agreement documentation to defer the construction of a public
bridge structure and required developer's share of the future bridge, over a drainage
channel abutting The Coves at Lago Vista Unit 1 subdivision located south of FM 2444
(South Staples Street) and west of Oso Creek in accordance with the Platting Ordinance,
Section IV.A.16. (1). (2).
REQUIRED COUNCIL ACTION: Council; authorization for the City Manager to enter into a
deferment agreement with The Lakes at King Estates, Inc. (Developer).
CONDITION: Developer must deposit with the City of Corpus Christi a cashiers check in
the amount equal to 15% of the total cost of the bridge project, and comply with all other
requirements of the deferment agreement.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
'~Q
B.A. HOIIY~P
Director of elopment Services
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Location Map
Future Bridge Location Map
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The plat of The Coves at Lago Vista Unit 1 (Exhibit B) approved by the
Planning commission on August 24, 2005 provides for construction of a bridge structure
over a drainage channel along the southern boundary of the subdivision. The proposed
bridge will provide a continuation of South Oso Parkway and will serve future development
south of The Coves at Lago Vista Unit 1 (Exhibit C).
Mr. Eugene C. Urban, Jr. P.E., with Urban Engineering on behalf of The Lakes at King
Estates, Inc., "Developer" submitted deferment agreement documentation for approval by
City Council to defer the construction of developer's share of the public bridge. The
proposed bridge will be constructed over the drainage channel abutting the southern
boundary of The Coves at Lago Vista Unit 1 subdivision. The Planning Commission in its
January 25, 2006 meeting is anticipated to recommend approval of a deferment
agreement.
A deferment agreement, (Exhibit D) between the City of Corpus Christi and The Lakes at
King Estates Inc., will allow the Developer to defer the construction of required
improvements and the appropriate half developer's share of future construction. The
construction of the bridge will occur once the property to the south of the drainage channel
is platted and the City provides funding according with the City's Platting Ordinance.
The Developer has agreed to deposit a $28,783.91 cashier's check with the City of Corpus
Christi, which is the Developer's 15% share of the total cost of the bridge in compliance
with the Platting Ordinance Section IV. A. 16. (1), (2).
EXHIBIT A
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EXHIBIT C
BRIDGE CONSTRUCTION DEFERMENT AGREEMENT
STATE OF TEXAS i
i
COUNTY OF NUECES i
This Agreement is entered into between the City of Corpus Christi, a Texas home rule
municipality, 1201 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "Cityn) and
The Lakes at King Estates, Inc., a Texas corporation, 3756 Bratton, Corpus Christi,
Texas 78413 (hereinafter "Developer").
WHEREAS, the plat of The Coves at Lago Vista Unit 1 (Exhibit 1), approved by the
Planning Commission on August 24,2005 provides for the construction of a bridge
structure over a drainage easement channel along the southern boundary of the
subdivision;
WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat
to develop a tract of land "The Coves at Lago Vista Unit 1" herein called "Development";
WHEREAS, Developer agrees to construct infrastructure and related site improvements
in accordance with the City approved construction plans and specifications;
WHEREAS, a portion of the southern boundary of the above-described Development is
situated adjacent to an existing drainage right-of-way and drainage outfall along the
southern boundary of;
WHEREAS, the Platting Ordinance requires Developer to pay its proportionate share of
future bridge construction (hereinafter 'the required improvements") across said
drainage right-of-way and drainage channel as shown on Exhibit 2; prior to the time
that the above said plat of the Development is filed for record;
WHEREAS, due to the uncertainty of when the property south of the drainage right-of-
way will be platted and the developer thereof be required to contribute to the
construction of the bridge and the City providing funding for its share of the construction
costs as stipulated in the City's Platting Ordinance Section IV A 16 (1) (2), it is the City's
desire to have said bridge be constructed at a future date with Developer's share of the
cost as shown on Exhibit 3;
WHEREAS, Developer will deliver a check payable to the City of Corpus Christi in the
amount of Twenty-eight Thousand Seven Hundred and Eighty-three and 91/100 Dollars
($28,783.91), which is 110% of Developer's proportionate share of the estimated cost of
constructing the required improvements, as shown on the cost estimate, which is
attached hereto and incorporated herein as Exhibit 3;
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
and
NOW, THEREFORE, the City and Developer agree as follows:
1 of 5
EXHIBIT D
1 Developer of The Coves at Lago Vista Unit 1 shall escrow funds equal to its
proportionate share of the cost for future construction of a bridge across the
drainage channel adjacent to The Coves at Lago Vista Unit 1 subdivision until the
City causes said improvements to be constructed as a portion of an overall plan.
2 The Developer shall deposit Twenty-eight Thousand Seven Hundred Eighty-
three and 91/100 Dollars ($28,783.91) check with the City of Corpus Christi on or
before the beginning of the City Council meeting to be held on January 31 J 2006,
which is 110% of Developer's share of the total cost of the bridge construction in
compliance with the Platting Ordinance, as shown on Exhibit 3. Failure of
Developer to deposit said funds as set forth herein shall make this Agreement
null and void.
3. City shall deposit said Twenty-eight Thousand Seven Hundred Eighty-three and
91/100 Dollars ($28,783.91) shall be placed by the City in an interest bearing
account and the total sum, both principal and interest, shall be made available to
the City of Corpus Christi solely for the construction of the required
Improvements hereunder. Such funds shall not be used for any other purpose
whatsoever.
4. Developer is released from any further security adjustments if annual
construction costs increase. As consideration for this release, Developer agrees
to release the City from the obligation to refund any excess monies to the
Developer if the deposited funds and accrued interestexceed the cost of
construction. Any remaining balance of deposited funds and accrued interest will
be deposited to the appropriate City fund for City's sole use.
5. The Developer is further relieved of requirements to construct the
aforementioned bridge improvements, unless the property to the south of
drainage right-of-way plats and provides its share of constructing said bridge and
the City provides funding according to the Platting Ordinance.
6. The City's Director of Engineering Services, at Developer's expense, shall file
this Deferment Agreement in the records of Nueces County.
7. Neither party may assign this Deferment Agreement or any rights hereunder
without the prior written approval of the other party.
8. Any notice required or permitted to be given hereunder shall be in writing and
may be given by personal delivery, by fax, or by certified mail, and if given
personally, by fax or certified mail, shall be deemed sufficiently given if
addressed to the appropriate party at the address noted opposite the signature of
such party. Any party may, by notice to the other in accordance with the
provisions of this paragraph, specify a different address or addressee for notice
purposes,
2of5
9 This Agreement shall be construed under and in accordance with the laws of the
State of Texas and all obligations of the parties created hereunder are
performable in Nueces County, Texas. Lawsuits pursuant hereto shall be
brought in Nueces County.
10. Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of
Ownership interests form attached to this Agreement as Exhibit 4.
11. This Agreement shall be executed in triplicate, all original copies of which shall
be considered one instrument. When all original copies have been executed by
the City, and at least two original copies have been executed by Developer, this
Agreement shall become effective and binding upon and shall inure to the
benefits of the parties and their respective heirs, successors and assigns.
3 of 5
EXECUTED in triplicate this ~s.t\..- day of --A ~ A A.U , 2006.
\
The Lakes at King Estates, Inc.
3756 Bratton Road
Corpus Christi, Texas 78413
By:
7 M/tj.- fJ#~.
Richard Voss, President
STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the 25Th-day of Jc:lM...U A.A..'-I
2006, by Richard Voss, President of The Lakes at King Estates, Inc, owner anti
developer of The Coves at Lago Vista Unit 1
"'''~':::''''
*'";tit-.. ..I('~
::.... ...'(.~
: : : =
\~. /~f
,~~~~~","
SUSAN G. fANNY
Notary Public. State of Texas
My Commission Expires
June 18, 2008
50s....... G, - \Q"~J
NOTARY PUBLIC, STATE F TEXAS
4of5
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By:
ARMANDO CHAPA,
City Secretary
By:
GEORGE K. NOE
City Manager
APPROVED AS TO FORM: This :J 51}. day of . fa rWd Y ~
,2006.
By r!J:~1)tndv
Ga ith
Assistant City Attorney
For City Attorney
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the day of
, 2006, by GEORGE K. NOE, City Manager for the CITY OF
CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
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Eng: Chuck Urban
By: C.RR
PRELIMINARY COST ESTIMATE
FOR
BRIDGE IMPROVEMENTS
FUTURE OSO P ARKW A Y
COVES AT LAGO VISTA
UNIT 1
July 1, 2005
Job No. 38035.M.00
ITEM!
i
A BRIDGE IMPROVEMENTS:
. ----1 2" HMAC Includina Prime Coat _-=-+=-480 u____ 504 ,
2 6" Cement Stabilized Caliche Base . __ _~ ___u~
3 8" Lime Stabilized Subgrade_ ___ _____. '--_ 660 693
4 6" 'L' Curb 322 338
-- ~-_.. ,.. ------- -- - -
5 5' Tied Sidewalk __ _ _______ 1,680 1,764
6 Handrail 240 252
---
7 5 8'x5'x4Q' Concrete Box Culvert 1 1
--------
8 Headwalls ___ _____ ____~I__- 2
~: Compacted Backfif!.___ ____ .__1+___ 1
---+- _. --
___+__ ESTIMATED BRIDGE IMPROVEMENTS TOT~ ___________
.'~
1
DESCRIPTION
QUAN.
QUAN. +
5%
UNIT UNIT TOTAL
PRICE COST
SY $8.25 $4,158.00
SY $8.75 $4,410.00
SY-- $4.00 $2,772.00
LF $10.00 $3,380.00
SF $3.50 $6,174.00
LF $75.00 $18,900.00
LS $65,000.00 $65,000.00
EA $18,000.00 $36,000.00
LS $19,250.00 $19,250.00
$160,044.00
$16,004.40
- -- $116,048.40
._-,
--- -,-.-- -'----- --
per ordinace requirements add 10%:
- ----=- ----=~= I ---==___ __
ESTIMATED TOTAL + 10%
,
i-==-
----1.- -
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----
_~dd 9% for Engineering and Testing:
----- -- I
ESTIMATED TOTAL COSTS:
----- -- -- -- ----------r--- ----
-- t -+-------
-====---...t--- --=r-----~--
----- -- Developer Defered Participation 7.5/50 x $191,892.76 =
--
--
$15,844.36
$191,892.76
-------- ~_.
---
-- -- '- ,- - -
.--- ----.
-
J -
I
----
=~__ ----- =- -=. _ =~~~~t Property to South Share 7.5/50 'I $191,892.76 =
__ __ _ _____ City Participation 50 - 15 = 35/50 = 70% x $191,892.76=
-----,- =_~__+____~_~_______+ 1---
- n - . ---==:= -. ,. .~ -.= _~~--=-=-:-:+._--_._ :tal required for Letter of Credit
I
- -:= ---== -- -- ..,.'.~'~..:====::,'...J~==-:===e-
-- --- --- - ---- +----------------
--- ---------- --- ---- ,,-- -- -.-- -- ,. ~------, - ---.-----
----- ---------- '- -- -.------+----------:
$28,783.91
$28,783.91
$134,324.94
. ---- -'-
$28,783.91
- - -- ------
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_u____ 1-___ _________,__
,~ ___ _ _u_,____'"
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
EXHIBIT 3
~~
~
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( (lrpu'
'hrr"
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
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-, See reverse side for defmitions.
COMPANY NAME: The Lakes at King Estates, Inc.
FIRM IS:
l.
4.
Corporation (X )
Association ( )
2.
5.
Partnership ()
Other ( )__
3, Sole Owner
ZIP: 78413
( )
-_._...__._.~---
DISCLOSURE QUESTIONS
If additional space is nec~, please use the reverse side oT this page or attach separate sheet.
I. State the names of each -employee- of the City of Corpus Christi liaving an -ownership interest- constituting 3%
or more of the ownership in the above named -firm,-
Name
Job Title and City Department (if known)
N/A
-------_._--_._--_.,---~_._-
----",.-.._-_....- ~------,-,._- .._- "-. '--~--"~-'-'-
2. State the names of each -officiat of the City of Corpus Christi having an -ownership interest- constituting 3% or
more of the ownership in the above named -finn.-
Name
Title
N/A
----...---- -_._-_._..__..~-----~.._.
~-----'_._------_._.._--------
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 -finn.-
Name
Board, Commission, or Committee
N/A
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.-
Consultant
N/A
-.. ------_.__._---~---~._,-_._-,.~._---
CERTIFICATE
I cert!fY that all infonnation rrovided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure 0 any infonnation requested; and that supplemental statements will be promptly
submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Richard Voss Title: President
- \lY~
Signature of Certifying Person: __ ? ';.1/ ,4 ~ filL-=-5. Date:
,; V</~b
f
EXHIBIT 4
The Lakes atl(ing Estates,lnc.
3756 Bratton Road
Corpus Christi, TX 78413
TEXAS STATE SANK
555N;~_11lO
Corpus~. T~ 78478
88-901In49
1148
1/2412006
PAY TO THE
ORDER OF __
I $ **28,783.91
City of Corpus Christi
f__T'N!.nty-Eight Thousand Seven Hundred Eighty-Three and 91/100.........u...uu.................u....uuu4uu4'boLLARS ~ ~
City of Corpus Christi
;;':'
MEMO_ _ Bridge Improvements Coves @ Lago Vista
11.00 ~ ~L,811. I: ~ ~L,~O~O ~ :11:
"
The Lakes at King Estates. Inc.
City of Corpus Christi
1148
1/24/2006
Bridge Improvements
28,783.91
Texas State Bank
Bridge Improvements Coves @ Lago Vista
28,783.91
#
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
1/31/06
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment
No. 1 to the professional services contract with MAXIMUS, Inc., ERP Solutions Division in the
amount of$25,000 for a total re-stated fee not to exceed $50,000 for additional project management,
systems analysis and computer programming services to maintain the PeopleSoft Financials module.
ISSUE: The City recently completed an upgrade of the PeopleSoft Financial Module from version
7.02 to version 8.8. There are still outstanding issues pertaining to Accounts Payable, Inventory,
Purchasing, the General Ledger. and Reporting that need to be corrected. City staff does not have
sufficient time or expertise to correct these issues on a timely basis.
REQUIRED COUNCIL ACTION: Council approval is required for all contracts over $25,000.
CONCLUSION AND RECOMMENDATION: City staff recommends approval of the motion
authorizing the City Manager or his designee to execute Amendment No.1 to the professional
services contract with MAXIMUS, Inc., ERP Solutions Division for additional project management,
systems analysis and computer programming services to maintain the PeopleSoft Financials module.
~d1 O~
Cindy O'B#
Director of Financial Services
Attachments:
Background Information
Amendment No.1 to the Agreement for Information Management Services
BACKGROUND INFORMATION
The City recently completed an upgrade ofthe PeopleSoft Financial Module from version 7.02 to
version 8.8. Outstanding issues pertaining to Accounts Payable, Inventory, Purchasing, the General
Ledger, and Reporting are still being experienced and have yet to be resolved. These PeopleSoft
Financial Module issues are hindering the performance of users City-wide and must be resolved in
order to properly account for the City's revenues and expenditures.
City statl from Municipal Information Systems and Financial Services has been diligently working
on these issues from the time the upgrade to 8.8 was completed but has not had sufficient time or
expertise to successfully identify the proper corrective action needed to fix the issues. Assistance
from the consulting firm of Maxim us, Inc. is recommended to isolate the causes of the various issues
and ultimately correct them in a timely manner.
Amendment No. 1 to the Agreement for Information Management Services between
Maximus, Inc. and the City of Corpus Christi, Texas
The Agreement for Information Management Services between Maximus, Inc. ("MAXIMUS") and the
City of Corpus Christi, Texas ("Client") effective November 28, 2005, ("Agreement"), is amended as
follows
1 Section 1 of the Agreement, Scope of Services, is amended to read as follows:
'Client hereby engages MAXIMUS and both Client and MAXIMUS agree to perform professional
services to correct and resolve the outstanding PeopleS oft v. 8.8 issues identified in Exhibit A, Scope
of Services, During the term of this Agreement Client may request changes in the Scope of Services,
Any such change, including any increase or decrease in the amount of MAXIMUS' compensation,
requires the mutual agreement of the parties and shall be effective when incorporated in written
amendments to this Agreement."
2 Section 2 of the Agreement, Compensation and Method of Payment, is amended to read as
follows
'Client agrees that compensation and method of payment to MAXIMUS shall be according to
EXHIBIT B, Cost and Fee Schedule. Client agrees to pay MAXIMUS for services provided in
accordance with Section 1 of this Agreement an additional fee not to exceed twenty-five
thousand dollars for a restated total fee not to exceed fifty thousand dollars."
3 All other terms and conditions of the Agreement not amended above remain in effect. Revised
Exhibits A and B are attached and incorporated into the Agreement.
Executed in duplicate, each of which shall be considered an original, this _ day of January, 2006.
City of Corpus Christi
Maximus, Inc
By
George K Noe
City Manager
Attest.
By:
Name:
Title:
Armando Chapa
City Secretary
Approved as to legal form this _ day of January, 2006
By
Lisa Aguilar
Assistant City Attorney
-I
,1U'
1H7,; '1U~ ,",'F'f'
i ut 1
916 669 3514
P.03
Page 2 of 3
PeopleSoft v8.8 Outstanding Issues
Prioritv 1 Issues:
AP --- Accounts Payable
. Unable to update Reconciliation status from Bank interface file.
Gl- General ledger
· Joumals dated 07/31/05 with "Incomplete Process" status cannot be Posted (Qty;4).
· Detail Ledger is not correct since the upgrade. Nothing is writing to the CC Detail Ledger.
· Project Grant is not writing to CC Detail Ledger.
· Year end dosing process - Problem with expenditure roll forward option for Grants and
Capital Projects Funds
PO - Purchasing
· Cannot perform Change Orders on rolled POs to modify, quantity, amount, or description.
Combined - AP/POfGL
· POs, Vouchers, and Journals are passing budget checking, without proper chart field values.
· Need testing performed on Peoplesoft patch bundle 10 so we can apply to production to
remedy existing accounts payable and purchase orders ongoing problems
IN-Inventory
· Inventory IntraCompany Accounting Line not updating (Cost Accounting Creation Error) and
taking too long to process.
Reporting/Other
. Time running reports is excessive.
· Time to process/save or move between panels is excessive.
· PeopleSoft Sessions is timing out too soon (extending impacts performance).
Priority 2 Issues:
AP- Accounts Payable
· Cannot edit Vouchers with an open balance (due to data entry keying error).
· Detail lines are incorrect on the Outstanding Voucher report (in-house), but the Total amount is
correct.
Reporting/Other
· No Query or nVision Drill Down for an Encumbered Amount.
OCUME-1 \GGIAMP"1 \LOCALS~ 1 \ T emp\notes864CF6\-3425259,doc
~ t
, -.1k;'
1~,r" ."',!e i~:'c..~
j t 1
915 559 3514
P.04
Page 3 of 3
I
EXHIBIT B
COST AND FEE SCHEDULE
PA YMENTS TO CONTRACTOR
This is a time and materials contract. In consideration for the services provided, Client agrees to pay
MAXIMUS monthly based on the actual hours worked and actual expenses incurred. MAXIMUS shall
submit monthly invoices in sufficient detail to support the services provided during the previous month.
Remote services will be billed at $145/hour. On-site services will be charged at a rate of $160/hour
and all reasonable travel and miscellaneous expenses.
OCUM E-1 \GGIAMP-1 \LOCALS-1 \ T emp\notes864CF6\-3425259 .doc
TOTAL P.04
12
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: January 31, 2006
AGENDA ITEM: Ordinance appropriating $51,226.53 from the Fund Balance Reserves
in MIS Fund No. 5210 provided by Intel Corporation for Digital City project support;
amending operating budget adopted by Ordinance No. 026385 by increasing
appropriations by $51,226.53.
ISSUE: Appropriation of Intel Digital Community project support funds is necessary to
investigate use of emerging WiMax technology as a cheaper method of expanding the
City's network than the current use of fiber optics.
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures
over $25,000.
PREVIOUS COUNCIL ACTION: City Council approval of Ordinance No. 026166 on
2/22/05 appropriating $75,000 from Intel Corp. for Digital City (now Digital Community)
project support.
FUNDING:
Amount Budgeted
Source of Funds
$51,226.53
5210-40430-540290
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
c>.~ca.-~~
Ogilvie F. Gericke
Director of MIS
Attachments:
Approved ordinance NO. 026166
BACKGROUND INFORMATION
A On March 8, 2005 the City Council approved Ordinance No. 026166 appropriating
$75,000.00 for project support to investigate the emerging WiMax technology to
expand the City's network beyond the reach of the deployed fiber optic
Infrastructure.
a. In March 2005, $23,773.47 was expended to purchase Alvarion WiMax
2004 equipment.
b. The first successful installation was completed on 12-16-05 extending the
City network from the Holly Road Pump Station to the Flour Bluff Water
Tower. Successful tests of IP phones, SCADA telemetry and video are
ongoing at this time.
c. Next phase of the project will be to extend the network across the Laguna
Madre to Padre Island. This requires the additional purchase of Cisco
equipment, site selection engineering for the Padre Island site and
equipment installation on at least two towers.
ORDINANCE
APPROPRIATING $51,226.53 FROM THE FUND BALANCE
RESERVES IN MIS FUND NO. 5210 PROVIDED BY INTEL
CORPORATION FOR DIGITAL CITY PROJECT SUPPORT;
AMENDING FY 2005-06 OPERATING BUDGET ADOPTED BY
ORDINANCE 026385 BY INCREASING APPROPRIATIONS BY
$51,226.53; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $51,226.53 from the Fund Balance Reserves in MIS Fund No.
5210 provided by Intel is appropriated for Digital City project support.
SECTION 2. That FY 2005-06 Operating Budget adopted by Ordinance No.
026385 is amended to increase appropriations by $51,226.53.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
_____ day of ____________, 2006,
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: January 26, 2006
?(~ G ~ ~7)'- L~
Lisa Aguilar 1.
Assistant City Attorney
for City Attorney
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
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 31,2006
AGENDA ITEM: First reading ordinance waiving the 6O-day waiting period and publication
of legal notice; renaming the park at 3010 Sunnybrook from Southside Park to Mike
Zepeda Park; and providing for severance.
ISSUE: The City has established a formal policy for naming parks and recreation
facilities. The City has received a renaming request from the Park and Recreation Advisory
Committee for Southside Park located at 3010 Sunnybrook.
BOARD/COMMITTEE REVIEW: The Parks and Recreation Advisory Committee voted
unanimously at their January 11, 2006, meeting to recommend that the City Council
consider waiving the 6O-day waiting period and the newspaper publication for this
renaming request related to Southside Park. The Committee is also asking the City Council
to approve the requested renaming of the park as Mike Zepeda Park.
REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City
facilities, parks, and recreation facilities and that process is finalized by the adoption of an
ordinance.
CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of
Southside Park as Mike Zepeda Park be approved and the waivers granted as requested.
Attachments:
Copy - Request for Naming of Parks and Facilities
Copy - Council Policy Information
Biographical Information
BACKGROUND INFORMATION
Southside Park is 1.96 acres located on 3101 Sunnybrook and was dedicated in 1950.
The Park has always been named Southside Park. Most likely was called that, because
in 1950 that was about as far south as the City went.
A similar ordinance and waiver was approved by the City Council, requested by the
Parks and Recreation Advisory Committee, in February 2002 in the renaming of Gypsy
Park as Don and Sandy Sillish Park. Similarly, in December of 2003, Meadowbrook
Park was renamed Dan Whitworth Park, February 22,2005 Seagull Park was renamed
Ullberg Park and June 28,2005, Midway Park was renamed Nancy Todd Garrett
Memorial Park.
Mr. Zepeda served in the U.S. Army from 1942- 1945, assisting in the liberation of the
Philippine Islands and earning an honorable discharge; beginning in 1951, Mr. Zepeda
made numerous significant contributions to his community. He was a founder of Mexican
American Democrats and Tejano Democrats; he was elected Democrat precinct
Chairman in District 2 in the late 1950's and served for decades; he also served as a
National Democratic delegate in 1984 in San Francisco. In 1997 he was inducted into the
Nueces County Democratic Hall of Fame. In May of 2005, the 79th Texas legislature paid
tribute to the life of Miguel "Mike" Zepeda and extended their sincere sympathy to the
members of his family.
5.
6.
7
REOUESTFOR THE NAMING 5~-t~i::]~fL
OF PARKS AND FACillTIES
.
1.
PARK AND RECREAnON DEPARTMENT
CITY OF CORPUS CHRISTI, TEXAS
Type of area orfacili~building, pool, etc.) pA/Z/z
2.
Location <... )U/7/1'f hO' tJ t~
Suggested Name .M I fa; 2EPeJJ!i P/ij?k
3.
4.
Please descnoe why you feel this name to be appropriate:
/J;/& ~~ . u73~' ;dC4/ C,i-/I- /2~/4S &~
.4 "krvc'! liS /;rrc/-:q o,~(2 /~ ~5 Lhhe.r Z r:- ~
I
I/o ,/v- & h11J /~~ ,';,/v h.c rFY"rtS, - rtfL-ct'',;~1 ~
;{:.e) ~ CI?~y 17-/ "" ~~ 1> -v PIce- - P~'..s,:r ~ }f me t1r",
'/(s,' 2J/)Y'fL'oJ /f-sSC/~AP:'/1 . S~t/c/ fi; Cr'hl41?<4/' /5 " ~
fA (l'J..-v frme. /5'/ JE- I '""--~,(~ / Ihr s/~~ h-tlJ (4r,;...,A u" IIvv-~/\.IA.,~
N"ame ana address of person malnng ~~est:
Name SltftU.4r1iO /lG?~/f~z3/itjq-/J/!/J ~.-r
Address 26/3 POZS/////#t//V / f/(Gc(:2 ~t--N;~-g;-
I
Phone cP;r/~7 Jb - r!-~C. 7;t: 7oyt5
. 053-/51/ j- 91J--~V72
Do you represent an organization with reSpect to this request? Y ~ ~
If "yes", which organization (btzfA/! Q111iJr/ ZfA;c;t;l2J /! Jf (J? 0'472 cJJ
Date of this request
Request:
FOR OFFICE USE ONLY:
Approved
Rejected
Tabled
Date of Committee Action
Date of Council Aetion
Legal Notice - Newspaper
Public Notice - Neighborhood
Notice to Appropriate CouDdJmcmber
CITY OF CORPUS CHRISTI
P ARK AND RECREATION DEPARTMENT
PARK AND RECREATION DEPARTMENT
POLICY!PROCEDURE NUMBER Rec-95-12
SUBJECT: Criteria for Naming Park and Recreation Facilities
APPLICABLE TO: All Park and Recreation Facilities administered by the City of
Corpus Christi
EFFECTIVE DATE:
1. PURPOSE
To establish the format and criteria for naming facilities which are under the
jurisdiction of the Park and Recreation Department and are consistent with City
Resolutions 18545 and 19938.
II.
SCOPE
-1
This policy applies to facilities situated on City owned or administered property.
It is understood that due to the diversity of City operations, varying factors may
apply to specific facilities. Based on this, the following CLASSIFICATIONS
section provides a breakdown by CLASS of the variables to be considered in
naming facilities.
III.
CLASSIFICATION
CLASS A:
Facilities built and operated by the City.
CLASS B:
Facilities built and operated by independent organizations.
Naming of facilities in this category will be submitted by
the current year Organization President with approval by
the Board of Directors of the respective organization.
CLASS C:
Facilities built and operated by independent organizations
on City owned or administered properties. The naming is
the sole responsibility of the organization.
IV. NAMING PROCEDURE
Where the naming of a Class A or B park or park facility is proposed, the
following steps shall be taken; as per city Resolution and departmental policy
requirements:
Persons, groups, or organizations proposing naming of Park and
Recreation facilities shall fill out a Naming Facilities Form and submit
the request to the staff of the Park and Recreation Department for
revie\\ and consultation with the requesting entity.
2 Naming request shall be submitted to the Park and Recreation
Committee. No action may be taken by the Committee for a minimum
of 60 days after receipt of the proposal.
:3 During the 60-day waiting period, legal notice shall be published twice
in a newspaper of general circulation giving notice of the proposed
naming. In addition, a sign noting that a name change request is being
considered along with the Park and Recreation Department telephone
number will be posted at the park. Written comments or historical
data are to be submitted to the Park and Recreation Committee and
interested individuals are invited to come before the Committee to
address the issue.
4. At the first meeting after the 60-day waiting period, the Park and
Recreation Committee will take one of the following actions:
--t
a. Approve the request;
b. Reject the request; or
c. Table the request for future action or additional information.
In the event the request is rejected by the Committee, the
requesting entity may appeal the rejection to the City Council.
5. The Council shall consider the request and either approve or reject the
request. The Council, at its option, can waive all provisions herein
provided in commemorating or memorializing an individual or act.
Costs associated with naming ceremonies and the provision of marker,
plaques, or memorials shall be borne by the entity proposing the name.
Dan Whitworth, Director
Park and Recreation Department
ADOPTED: December 6,1995
REVISED: September 11, 2002
In Memorial of
Mike Zepeda
He served in the United Armed Forces, 1942-1945, Assisted in the Liberation of the
Philippine Islands, and was Honorably Discharged.
Mike Worked for Reynolds Metal Co., 1951, became Member of the United Steelworkers of
America and served in several leadership positions and elected President of Local
4813. Mike Zepeda, during his long labor career as an organizer and fighter of Civil
Rights, had dedicated his life to justice in the education and political fields.
He served as trustee, Vice President of the Coastal Bend Labor Council, continued as a
delegate.
Past member of NAACP, LULAC, and American GI Forum.
Founder MAD and Tejano Democrats. Participated in all Presidential
elections. Had worked for the Democratic Party with distinction,
he was elected Precinct Chairman, delegate to County and State democratic convention
for many years and as a delegate to the National Democratic Convention. Inducted
into the Nueces County Democratic Hall of Fame.
Hired by the American Federation of State, County and Municipal Employees, as
Union organizer, the City Employees and the support group of C.C.I.S.D. and Nueces
County Employees, Mike Zepeda succeeded through his leadership to secure Civil Service
for County Employees. Mike was a Plaintiff in 3 Suits for Hispanic advancement; Cisneros vs.
C.C.I.S.D. which resulted in the desegregation of the C.C.I.S.D. school system and served
29 years on the Advisory Committee. The case that had nationwide impact.
Suit against City of Corpus Christi and C.C.I.S.D. for the lack of Hispanic representation in the
City Council and Board of Trustees, which resulted in a mix single member
district and an At Large System.
Elected State President of LCLAA and President of the Corpus Christi LCLAA
Chapter. The following programs
were organized by Mike; Voter Registration Drive, Adopt A School,Scholarship
Program through Texas A&M University, Work by promoting two buses loaded
with union members in protest of NAFTA in Austin AFL-CIO Rally, a continuous
legislative LOBBY program every two years while the Texas legislators are in
session, instituted Pilot Program to recruit high school government class students
for trips to visit the capitol and state officials to learn how state government works,
provided money to buy shoes for needy students at Lamar Elementary school,
Board of Director at WBA for many years, participated ilJ Bringing Cheer to Children
of the westside during Christmas (sacking and distributing thousands of Goodie Bags
to all children), organized bus travel to Washington D.C. for the inauguration of
Bill Clinton (1993-1997), appointed and served as Texas AFL-CIO State Scholarship
Committee representative and State Retiree Coordinator.
51
5E
PVEDE
,
.
Page 1 of 2
ORDINANCE
WAIVING THE 50-DAY WAITING PERIOD AND PUBLICATION OF
LEGAL NOTICE; RENAMING THE PARK AT 3010 SUNNYBROOK
FROM SOUTHSIDE PARK TO MIKE ZEPEDA PARK; AND PROVIDING
FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS. THAT:
SECTION 1. Under Policy NO.6 of Council Policies, Resolution No. 21901, adopted
March 22, 1994, upon unanimous recommendation of the Park and Recreation Advisory
Committee, the City Council waives the 60-day waiting period and publication of legal
notice.
SECTION 2. Southside Park at 3010 Sunnybrook is hereby renamed Mike Zepeda
Park_
SECTION 3. It is the definite intent of the City Council that every section, paragraph,
subdivision, phrase, word and provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
proviSion of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
C:\(Doyle,03, 05\ORD2003, 05\Ordinances\Rename. Park\06. 0 116DC. Rename, South.side,As,Zepeda, Park,doc
Page 2 of 2
The foregoing ordinance was read for the first time and passed to its second reading on
this the 31st day of January, 2006, by the fOllowing vote:
Henry Garrett
Brent Chesney
Melody Cooper
Rex A. Kinnison
John E. Marez
Jesse Noyola
Jerry Garcia
Mark Scott
William Kelly
The foregoing ordinance was read for the second time and passed finally on this the
14th day of February, 2006, by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
John E. Marez
Jesse Noyola
Mark Scott
Jerry Garcia
William Kelly
PASSED AND APPROVED on the 14th day of February, 2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~v: 16 January 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C:\(Doyle. 03, 0510RD2003. 0510rdinanc ,eslRename .Park106,0116DC, Rename, Soulh,side,As,Zepeda, Park,doc
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1/31/06
AGENDA ITEM:
Ordinance authorizing the City Manager or his designee to execute Supplemental Agreement No. 1 to
FAA Lease No. DTFAp7-04-L-00560 eliminating all references to the Visual Approach Slope Indicator
(V ASI) and adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway
17
ISSUE:
The FAA is in the process of replacing the Visual Approach Slope Indicator (VASI) system with a
Precision Approach Path Indicator (PAPI) system for Runway 17. The lease needs to be amended to
reflect the additional acreage is for new access roads, easements and turnarounds.
REQUIRED COUNCIL ACTION:
Council approval is required on all property leases.
PREVIOUS COUNCIL ACTION:
On 5/11/78 Council approved original lease. Subsequent extensions and amendments to the lease
are: 6/25180 OrdinanC(tNo. 15606,8/22/81 Ordinance No. 16471,7/26/84 Ordinance No. 18356,
4/29/86 Ordinance No. 19284,7/5/88 Ordinance No. 20364, 3/9/93 Ordinance No. 021578, and
10101/97 Ordinance No. 023236.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
The Airport Board recommended approval of this Supplemental Amendment during their meeting on
Jan, 18, 2006. Staff recommends approval of this Supplemental Amendment.
fQa~ 4~
Department Head Signature
Attachments:
X Ordinance
BACKGROUND INFORMATION
The Federal Aviation Administration (FAA) maintains approach and navigational aids at the airport to
assist aircraft arriving, departing and transiting the area. The standard lease with the FAA is a "no cost"
lease in return for providing the services. The current VASI system is out dated and the FAA is
replacing the VASl's with PAPI's. The new system will require access roads and turn around areas.
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO FAA
LEASE NO. DTFA07-04-L-00560 ELIMINATING ALL
REFERENCES TO THE VISUAL APPROACH SLOPE
INDICATOR (V ASI) AND ADDING 0.15 ACRE OF LAND FOR
THE PRECISION APPROACH PATH INDICATOR (PAPI)
SERVING RUNWAY 17; AND PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his Designee is authorized to execute
Supplemental Agreement No.1 to FAA Lease No. DTFA07-04-1-00560
eliminating all references to the Visual Approach Slope Indicator (VASI) and
adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving
Runway 17. All other terms of said Lease remain the same.
SECTION 2. Publication will be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: January ;If;;" ,2006
~p~,
J n P. Burke, Jr.
-~~ior Assistant City Attorney
For City Attorney
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
APPROVED AND PASSED on this
2006
day of
ATTEST:
Henry Garrett, Mayor
Armando Chapa, City Secretary
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1/31/06
AGENDA ITEM:
Ordinance authorizing the City Manager or his designee to execute Supplemental Agreement No. 1 to
FAA Lease No. DTFA07-98-L-01123 eliminating all references to the Visual Approach Slope Indicator
(VAS!) and adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway
13 and 0.64 acre for the PAPI serving Runway 31.
ISSUE:
The FAA is in the process of replacing the Visual Approach Slope Indicator (VASI) system with a
Precision Approach Path Indicator (PAPI) system for Runway 13/31. The lease needs to be amended
to reflect the additional acreage for new access roads, easements and turnarounds.
REQUIRED COUNCIL ACTION:
Council approval is required on all property leases.
PREVIOUS COUNCIL ACTION:
On Feb. 24, 1998 Council approved the current lease with the FAA for the V ASI sites.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
The Airport Board recommended approval of this Supplemental Amendment during their meeting on
Jan. 18, 2006. Staff recommends approval of this Supplemental Amendment.
/~~~ ?t
Depa ment ead Signature
Attachments:
-
BACKGROUND INFORMATION
The Federal Aviation Administration (FAA) maintains approach and navigational aids at the airport to
assist aircraft arriving, departing and transiting the area. The standard lease with the FAA is a "no cost"
lease in return for providing the services. The current VASI system is out dated and the FAA is
replacing the VASl's with PAPl's, The new system will require easements, access roads and turn
around areas
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO FAA
LEASE NO. DTFA07-98-L-01123 ELIMINATING ALL
REFERENCES TO THE VISUAL APPROACH SLOPE
INDICATOR (V ASI) AND ADDING 0.25 ACRE OF LAND FOR
THE PRECISION APPROACH PATH INDICATOR (P API)
SERVING RUNWAY 13 AND 0.64 ACRE FOR THE PAPI
SERVING RUNWAY 31; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his Designee is authorized to execute
Supplemental Agreement NO.1 to FAA Lease No. DTFA07-98-L-01123
eliminating all references to the Visual Approach Slope Indicator (VASI) and
adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving
Runway 13 and 0.64 acre for the PAPI serving Runway 31. All other terms of
said Lease remain the same.
SECTION 2. Publication will be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: January d.-S- , 2006
~ P. ~(L.
o P. Burke, Jr. V-
- ~i~r- ;ssistant Cny Attorney
For City Attorney
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
APPROVED AND PASSED on this
2006
day of
ATTEST:
Armando Chapa, City Secretary
Henry Garrett, Mayor
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1/31/06
AGENDA ITEM:
Ordinance authorizing the City Manager, or his designee, to execute Lease No. DTFASW-06-L-00118
with the Federal Aviation Administration for 2.8747 acres of land located at the Corpus Christi
International Airport, for a term of ending on September 30,2025 for the construction and operation of a
Digital Airport Surveillance Radar (DSAR-11) site and providing for publication.
ISSUE:
The FAA is in the process of replacing the Airport Surveillance Radar site currently located on city-
owned property at the Evelyn Price Park on Gollihar S1. with a state-of-the-art Digital Airport
Surveillance Radar. A site selection committee consisting of Airport Staff, FAA Staff, Navy Staff and
the City Planning Department met several times and this location was selected as the best site.
REQUIRED COUNCIL ACTION:
Council approval is required on all property leases.
PREVIOUS COUNCIL ACTION:
On October 7, 1991, Council approved Ordinance No. 021253, a lease with the FAA for property at
Evelyn Price Park, the site housing the current Airport Surveillance Radar (ASR-9). On August 10,
2004, Council approved by Ordinance No. 025954, a new lease to the FAA for the same premises for
the same use.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of this Supplemental Amendment.
Attachments:
BACKGROUND INFORMATION
The site housing the current Airport Surveillance Radar (ASR-9) is located within Evelyn Price Park, a
City park located on Gollihar Rd. The FAA is wanting to upgrade the equipment to a Digitized Airport
Surveillance Radar (DASR-11). A site selection committee consisting of Airport Staff, FAA Staff, U. S.
Navy Staff and the City Planning Department met several times and the site selected as the most
advantageous is a site consisting of 2.8747 acres of land, including easements, within the airport
fenced in area to the north of the new Air Traffic Control Tower. This site will allow for better radar
coverage of the Corpus Christi airspace. provide a much more secure location for the tower, provide for
a quicker maintenance response time, eliminate radar signal obstructions (buildings, trees, towers,
poles, etc., and proved a cost savings to the FAA. This is a standard FAA lease in that it is a "no cost"
lease in exchange for the services provided. The lease will expire in July of 2025 (19 years and 7
months). The new DASR-11 is expected to be operational by June of 2007. Airport Staff has
requested that once the new DASR-11 is operational and the ASR-9 is decommissioned that the
Gollihar Road premises be restored to its original condition.
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE LEASE NO. DTFASW-06-l-00118 WITH THE
FEDERAL AVIATION ADMINISTRATION FOR 2.8747 ACRES OF
LAND lOCATED AT THE CORPUS CHRISTI INTERNATIONAL
AIRPORT, FOR A TERM ENDING ON SEPTEMBER 30, 2025,
FOR THE CONSTRUCTION AND OPERATION OF A DIGITAL
AIRPORT SURVEilLANCE RADAR (DSAR-11) SITE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his Designee, is authorized to execute
Lease No. DTFASW-Q6-1-00118 with the Federal Aviation Administration for
2.8747 acres of land located at the Corpus Christi International Airport, for a term
ending on September 30,2025, years for the construction and operation of a
Digital airport surveillance radar (DSAR-11) site.
SECTION 2. Publication will be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January d~, 2006
Henry Garrett
Mayor
J n P. Burke, Jr.
enior Assistant City A
For City Attorney
ORD for DSAR Illla
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
APPROVED AND PASSED on this
2006,
day of
ATTEST:
Armando Chapa, City Secretary
Henry Garrett, Mayor
ORD for DSAR ] !,lla
17
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 RECOMMENDA TaON: Approval of the Ordinances
uu Sa/~~ r!~?h
Susan Cable
Director, E-Govemment 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 SB5. 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 aU
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
PUBLICA TION.
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 cable communications commission Cable Communications
Commission for the city. The cable communications commission Cable communications
Commission shall consist of five (5) residents of the city appointed by the city council
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 sh:lIl be at the time of 3ppointmant, or Sh311
become \4.'ithin thirty (30) days after appointment or the avail3bility of c3bla servica, 3
subscriber to a is encouraged to have access to local cable communications system
programming holding a franchise in the 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 GaSIe
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 communioations 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 cee ordinance amendmentsDOC
2
The cable oommunioations oommission Cable Communications Commission shall have
the following powers and duties:
(1) To advise the city oounoil City Council on adherence to the provisions of any
franchise agreement approved by the city counoil 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
secretary.
(10) To establish rules ::md regulations for use of public aooess channels until such time
as a public access user council has been certified. To ensure that public access
producers complv with the Rules and Procedures for Public Access Cablecasting
established in the Master Cable Services ReQulatorv Ordinance approved bv City
Council in 2002, as amended.
(11) To approve the rules and regul:3tions of certified access user councils for use of
access channels.
~U1l 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 CCC ORDINANCE AMENDMENTS DOC
3
(a) One (1) access user council qrOUD may be established for governmental channel
access, public higher QC..educational channel access, other public education channel
access,. Each public access channel respectively, must establish an access user
Qroup. All user Qroups, by application to the cable communioations oommission Cable
Communications Commission chairperson and the city secretary and oertifloation must
be certified by the cablo communications commission Cable Communications
Commission. Upon certification, an access user council qroup 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 communications commission Cable
Communications Commission. Public access producers must establish an access user
qroup for each public access channel and follow the Rules and Procedures for Public
Access Cablecastinq as established in the Master Cable Services Requlatorv
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 qroup'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 qroup. A copy of such bylaws shall be submitted with the access
user council's qroup's application for certification. Changes to such bylaws shall be filed
with the chairman of the cable communic3tions commission Cable Communications
Commission and the city secret3ry City Secretary within thirty (30) days after any
change occurs.
(b) Membership on the access user counoils qroUDS 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
secrotary City Secretary. Furthermore, all meetings of access user councils aroups 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.!:QYQ. 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!!2.
(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
Brent Chesney
John E. Marez
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
Rex A. Kinnison
Brent Chesney
Melody Cooper
John E. Marez
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the
ATTEST:
day of
f 2006.
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: ,;:..J-P,;'h. r 1.- , 2006
~~~
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 (i.e., 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,DOC1/12/2006
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 locally produced. In order to be classified as a locally
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, ef 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.DOC 1 /12/2006
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 black or
60 seconds of black at the beginning of your progr3m. There must be 30 seconds of
blue or black at the beginnina of your proaram.
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.
93 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.
Only proarams created by a producer, as defined in Section 4, are eliaible to participate
in the semi-annual lotteries and are eliaible to be transmitted as a public access
proaram.
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 2006DOC1/1212006
5
Communications Commission to their respective access users group board of directors.
inoluding the following items:
&- Produoer's name
b. Program name
c. Length of the program
G:--- Frequency (weekly 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 3D-minute intervals.
Each producer will draw a selection number randomly, with the lowest number having
the first choice of time slots and continuing until all 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 DOC1/12/2006
6
One lottery will be executed for Channel 1 0 by the Channel 10 access user group and
one lottery executed for Channel 18 by the Channel 18 access user group.
Public access for occasional producers.
Single time slots of lengths as noted above in section 2, Length, will be available for
occasional producers on a first-come, first-served basis. Occasional producers must
complete a public access cablecasting application no later than two weeks prior to the
desired cablecasting date and comply with all rules set forth herein.
First-come, first-served is determined upon receipt by the PAUG secretary.
In addition to a first-run showing, a program may be repeated as channel space allows,
not to exceed one repeat per show. A program may be broadcast as an original in
subsequent lottery periods.
No programs will be scheduled during holidays.
Forfeit of time slot.
If a series producer fails to supply tapes for two consecutive weeks for a weekly
program, the producer forfeits the time slot for the remainder of that lottery period and
the program shall be removed from the schedule for the remainder of the lottery period
by the PAUG Board of Directors. A series producer of a monthly program must supply
a tape for turn in to the Cable Operator within the first two (2) weeks after the beginning
of the new lottery schedule or forfeit the time slot for the remainder of that lottery period
or the program shall be removed from the schedule by the PAUG Board of Directors.
After that, if a producer fails to supply a tape for a monthly program during the first two
(2) weeks of scheduled airing, the producer forfeits the time slot for the remainder of
that lottery period.
The decision to remove a program from the schedule may be appealed by the producer
by submitting an appeal in writing to Office of the City Secretary for the Cable
Communications Commission.
S 4 Defined terms.
Access user group -- As set forth in the City Code of Ordinances, section 2-183,
membership of the access user group may be composed of any individuals who are
residents of the city as well as representatives of community, public interest, or
neighborhood, notwithstanding any other provision, representatives of the cable
operator may be members of the access user group. Access user groups are organized
separately and independently from the city and are not boards, commissions,
committees or any other subdivision of the city. One access user group may be
established for each public access channel. Each prodUcer is entitled to vote on all
matters pertaining to establishment of access user group bylaws and election of
officers.
Public Access Changes draft January 2006DOC1/12/2006
7
Commercial programming -- Any programming which is cablecast for remuneration of
any kind, whether directly or indirectly, or programming which includes, in whole or in
part, content whether audio, video or text intended, directly or indirectly to promote any
service, or product; or includes commercial advertising of any kind; or contains lottery or
sweepstakes information. The Cable Communications Commission has established
guidelines concerning the advertisement of commercial products or services in an
access program.
Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day.
Locally produced programming -- means programming taped in the Corpus Christi
region, or pertaining to locally specific issues, or portaining to local residents.means
proorams produced in the Corpus Christi region by producers as defined in this section.
Producer - Any resident of Corpus Christi. 18 years of aoe 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 oroup and must execute an approved
proaram contract. A producer. by way of definition, is an individual or oroanization who
meets the above stated requirements and participates in or is responsible for the
creation of a local, non commercial prooram for the public access channels. If the local.
non commercial prooram is created by a local oroanization, such as a church, one
person who meets the above requirements must be desionated as the producer and will
represent the oroanization with the access user aroup. For identification purposes, this
person's name will appear on identification, either video or audio. and printed on labels.
Program identification -- The tag at the beginning and end of the program must bear the
producer name, and title of program as it appears on the producer application and the
production date. The tag must appear for at least ten (10) seconds, in the audio or video
at the beginning and end of each program.
Public access channel (sometimes herein "channel") -- This is the cable television
channel or channels on which public access programs are cablecast, currently
Channels 10 and 18.
Public access time allocated schedule -- The block of time slots allocated to each public
access channel that are available and are allocated by lottery during the semi-annual
time slot renewal period. The block of time will be determined by each PAUG by
calculating the number of producers and programming hours for all shows including
repeats. The intent is to develop a block of time slots that provide for consecutive
programming, without gaps in the programming schedule.
Repeat program -- A program which was previously aired on any public access channel.
Public Access Changes draft January 2006DOC1/12/2006
7
Commercial programming -- Any programming which is cablecast for remuneration of
any kind, whether directly or indirectly, or programming which includes, in whole or in
part, content whether audio, video or text intended, directly or indirectly to promote any
service, or product; or includes commercial advertising of any kind; or contains lottery or
sweepstakes information. The Cable Communications Commission has established
guidelines concerning the advertisement of commercial products or services in an
access program
Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day.
Locally produced programming - means programming tapod in the Corpus Christi
region, or pertaining to locally specific issues, or pertaining to loc31 residents. means
proarams produced in the Camus Christi region by producers as defined in this section.
Producer - Any resident of Corpus Christi. 18 years of aae or older, who has proof of
residency which must include a local street residence address, a local contact
telephone number and valid identification (such as a driver's license). A producer must
pay any fees required by the access user aroup and must execute an approved
proaram contract. A producer, by way of definition, is an individual or oraanization who
meets the above stated requirements and participates in or is responsible for the
creation of a local. non commercial proaram for the public access channels. If the local.
non commercial proaram is created by a local oraanization, such as a church, one
person who meets the above requirements must be desianated as the producer and will
represent the oraanization with the access user aroup. For identification purposes, this
person's name will appear on identification, either video or audio, and printed on labels.
Program identification -- The tag at the beginning and end of the program must bear the
producer name, and title of program as it appears on the producer application and the
production date. The tag must appear for at least ten (10) seconds, in the audio or video
at the beginning and end of each program.
Public access channel (sometimes herein "channel") -- This is the cable television
channel or channels on which public access programs are cablecast, currently
Channels 10 and 18
Public access time allocated schedule -- The block of time slots allocated to each public
access channel that are available and are allocated by lottery during the semi-annual
time slot renewal period. The block of time will be determined by each PAUG by
calculating the number of producers and programming hours for all shows including
repeats. The intent is to develop a block of time slots that provide for consecutive
programming, without gaps in the programming schedule.
Repeat program -- A program which was previously aired on any public access channel.
Public Access Changes draft January 2006,DOC1/12/2006
8
Semi-annual time slot renewal period -- A period beginning April and October of each
year, during which all who wish to request a series for the upcoming six months must
submit an application.
Series -- A locally produced public access show from a single producer. A series can be
either weekly or monthly.
Producer Any adult resident of the city 't.'ho, upon having paid any fees required by the
access user group and having executed a program contract, pr.oduces locally
noncommercial programs for the public aooess channels. Proof of eligibility must inolude
a looal str€et residenoe address and a 10031 oontact telephone number along If.'ith valid
identifioation (suoh as a driver's Iioense).
95 Amendments to rules and procedures for public access cablecasting.
These rules may be amended by City Council following recommendation from the Cable
Communications Commission or franchised cable operators in the city. The city shall
give any cable operator sixty (60) days' written notice of any proposed amendment to
the rules and procedures for public access cablecasting. In the event that a cable
operator objects in writing, the city and the cable operator shall thereafter meet and
negotiate an amendment reasonably acceptable to all parties. In no event shall any
amendment imposing greater obligations or restricting the rights of any cable operator
become effective without the written consent of that cable operator.
96 Violation of rules.
The Channel 10 Access User Group Board of Directors will receive and investigate
complaints concerning violations of the above rules on Channel 10. The Channel 18
Access User Group Board of Directors will receive and investigate complaints
concerning violations of the above rules on Channel 18.
a. Violations of Section 1.
No program will be permitted to air over the public access channels if a producer or
program violates one or more of the rules identified in section 1. The access user group
will inform the producer who produced the program that is the subject of the complaint
of the specific Section 1 rule that has been violated and of the complaining party's name
and contact information. if a complaint has been received from an individual or group.
If a Section 1 rule has been violated, the Access User Group Board of Directors will mail
written notice of the violation to the producer. The notification letter shall be sent to both
the individual producer and the group, organization or entity which an entity purports to
represent, if there is a different contact person, via certified mail, return receipt
requested, to the address provided in the application.
The producer may appeal the decision of the Access User Group Board of Directors to
the Cable Communications Commission by physically delivering to the city secretary's
Public Access Changes draft January 2006.o0C1/12/2006
9
office a written notice of appeal on or before eight (8) calendar days from the date the
notification letter was mailed.
The Cable Communications Commission shall hold the hearing for appeal within thirty
(30) calendar days from receipt by the city secretary's office of the notice of appeal.
The appellant shall have at least three (3) calendar days' notice of the hearing. The
access user group, the city, and the appellant may present evidence. The Cable
Communications Commission shall promptly render its decision. Appeals of Cable
Communications Commission decision may be made to the City Council in accordance
with the procedures specified in the City Charter.
If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months
after the first adjudicated violation, then the producer will be ineligible to use the public
access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule
occurs within twelve (12) months after the first adjudicated violation, then the producer
shall be ineligible to use the public access channels for one year. Periods of ineligibility
to use the public access channels shall commence and removal of a program from the
public access channel shall occur after the later of (a) the last day on which a producer
may timely commence an appeal of a decision specified in a notification letter; or (b) the
date an appeal is concluded. A program finally determined to be in violation cannot be
transmitted again until the violation has been remedied. Neither multiple cablecasts of a
single program nor multiple violations of these rules in a single program shall form the
basis for more than one adjudicated violation of the above rules.
b Violations of Sections 2 or 3 and General Complaints.
(1) If a Producer or Access User Group Board of Directors has an internal complaint
not covered by the rules and procedures, or a complaint regarding a violation of rules in
Sections 2 or 3, the Producer or Access User Group Board of Directors shall follow
procedures established by their group's certified by-laws. If a complaint is not resolved
within seven (7) working days, a Producer or Access User Group Board of Directors
shall submit the complaint, bye-mail or delivered in writing, to the Cable
Communications Commission, and the item shall be placed on the agenda for the next
scheduled Cable Communications Commission meeting.
(2) If a Producer or Access User Group Board of Directors has a complaint regarding
a cable provider, that complaint shall be submitted, by email or delivered in writing,
within three (3) working days, from a Producer to the Access User Group and then from
the Access User Group Board of Directors to the cable provider within three (3) working
days. The cable provider shall respond, by email or delivered in writing, within three (3)
working days. If a complaint is not resolved, a Producer or Access User Group Board of
Directors shall submit the complaint by email or delivered in writing to the Cable
Communications Commission, and the item shall be placed on the agenda for the next
scheduled Cable Communications Commission meeting.
(3) If a cable provider has a complaint regarding a Producer or Access User Group,
the cable provider shall submit the complaint, by email or delivered in writing, within
Public Access Changes draft January 2006 DOC1/12/2006
10
three (3) working days to the Access User Group Board of Directors. The access User
Group Board of Directors shall submit a response, by email or delivered in writing, the
cable operator within seven (7) working days. If a complaint is not resolved within seven
(7) working days, the cable provider shall submit the complaint, by email or delivered in
writing, to the Cable Communications Commission, and the item shall be placed on the
agenda for the next scheduled Cable Communications Commission meeting.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase. word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
Public Access Changes draft January 2006'oOC1/12/2006
18
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 :\LE G-DI R\GARYWS\GARYWS\AGENDA \2006\01-31 \ORD-STRMWTRPLN-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 t 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
ATTEST:
day of
t 2006.
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved January 24, 2006
BY~~
a . Smith
Assistant City Attorney
For City Attorney
H :\lEG-DIR\GARYWS\GARYWS\AGENDA \2006\01-31 \ORD-STRMWTRPLN-CH27 .DOC
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NO ATTACHMENT FOR THIS ITEM
20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
January 31,2006
AGENDA ITEM: Bayfront Development Plan Phase 1 Presentation
CITY STAFF PRESENTER(S):
Name
1. George K. Noe
2. Ron F. Massey
Title
City Manager
Assistant City Mgr.
OeptlDivision
City of Corpus Christi
Public Services
OUTSIDE PRESENTER(S):
Name
1. Raymond Gignac
2. Alan Ward
3. Tom Doolittle
4. Kevin Gordon
Title/Position
Architect
Organization
Gignac & Associates
Sasaki
Sasaki
CVS
ISSUE: This is a presentation to Council on the Bayfront Preliminary Concept Plan
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
PROJECT DESCRIPTION: This project consists of implementing the first phase of the
Shoreline Boulevard realignment from one block North of 1-37 to Resaca Street. This is a
multi-phased project that will enable the Bayfront Master Plan to be implemented with
various components.
The City's AlE consultant, and City Staff have held several meetings to solicit input from
the public, other governmental entities and area stakeholders. The information obtained
from these meetings has been used to development a preliminary Bayfront Concept plan
which the AlE will be presenting to City Council on Tuesday, January 31,2006.
FUTURE COUNCIL ACTION:
Approval of:
· Amendment to the AlE contract for Stage 2 design services;
· Award of necessary construction contract
· Award of any necessary Testing and Inspection Agreements
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).
PRIOR ADMINISTRATIVE 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).
2. 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).
3. 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).
i
'A R. Escobar, P. E.,
DIrector of Engineering Services
21
CITY COUNCIL
AGENDA MEMORANDUM
January 31, 2006
AGENDA ITEM:
Resolution approving formation of CC Digital Community Development Corporation,
and approving its Articles of Incorporation and Bylaws.
ISSUE: The City is in the process of deploying a City-Wide Wireless Fidelity Broadband
Mesh (WiFi) Network. Council recognized potential uses for this WiFi Net\York well beyond
its original intent and we are today successfully involved in the development and testing of
'proof of concepts' projects with Intel and other partners utilizing the WiFi Network.
Business and Management Plans are needed to provide structure and further capitalize
on the opportunities the network present. We therefore evaluated different approaches
to manage and operate this network and it appears best that these functions be
performed by a corporation created by the City.
On January 10, 2006, City Council received a presentation regarding formation of a
corporation to manage the network. Today the final proposed Resolution approving
formation of CC Digital Community Development Corporation, and its Articles of
Incorporation and bylaws are presented to Council for approval.
We are also preparing an agreement between the City and the Corporation detailing the
specific duties assigned to the Corporation with an associated business plan. This
agreement will be presented to Council during February 2006 for approval. In addition, we
are preparing license agreements between the Corporation and Partners, so that those
Partners that are ready to go now can be quickly accommodated.
REQUIRED COUNCIL ACTION: City Council approval is required for formation of CC
Digital Community Development Corporation.
PREVIOUS COUNCIL ACTION: On January 10, 2006, City Council received a
presentation on deployment of the Wireless Fidelity Broadband Mesh Network, the
Automated Meter Reading project, and development of the city-wide Wireless Fidelity
Broadband Mesh Network Business and Management Plans.
FUNDING: Funding is not required for formation of the Corporation.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
as presented.
c..t=". ~CI.cS.
Ogilvie Gericke,
Director of Information Systems
CC DIGITAL COMMUNITY
DEVELOPMENT CORPORATION
Summary
As discussed during the City Council presentation on January 10, 2006, it is proposed to govern
the WiFi Network through a local government corporation. A local government corporation is a
non-profit corporation authorized by State statute to assist a local government to accomplish any
governmental purpose. A local government corporation is recommended because it can
potentially insulate the City from liability, provide focus because it is solely devoted to the
Network, and can be managed on more of an independent business model.
The corporation must be approved by resolution of the City Council. A resolution to approve the
Articles of Incorporation and its Bylaws is included in your packet. The resolution:
--'proposes the name of CC Digital Community Development Corporation
-approves articles of incorporation and bylaws for the corporation.
-makes detailed findings that the Network will serve the public purposes of:
-improving delivery of City services at reduced cost, and
-promoting economic prosperity and jobs;
-contemplates that the benefits of the Network will be multiplied through participation of
Partners such as other government entities, educational institutions, local businesses,
community groups, internet service providers, and other service providers.
The articles and bylaws establish the structure and powers of the corporation. The specific
purpose of the corporation is to assist the City in development of the Network. The Bylaws
provide for a 5-member board or directors appointed by the Council for 4-year staggered terms.
Directors must be residents of the City. Directors serve at the discretion of the Council.
Temporary directors named in the Bylaws serve until permanent directors are appointed. Initially,
city staff will serve as officers
The board is directed to have an advisory committee of stakeholder groups.
The Bylaws initially have the City Manager serving as chief executive officer, the Finance Director
as treasurer, and the City Secretary as secretary of the corporation.
Amendments to the Articles or Bylaws must be approved by Council.
Council may assume duties of the corporation or dissolve it at any time.
The specific duties of the Corporation will be detailed in an agreement between the City and the
Corporation, which, among others, would:
1. Spell out the scope of the Corporation's duties and authority to govern the Network.
2. Address staffing issues.
3. Grant authority to contract with Partners for their use of the Network.
4. Address funding and budgetary issues.
Future action items: The agreement between the City and Corporation to outline specific duties
is scheduled for Council consideration during February 2006.
RESOLUTION
APPROVING FORMATION OF THE CC DIGITAL COMMUNITY
DEVELOPMENT CORPORATION, AND APPROVING ITS ARTICLES OF
INCORPORATION AND BYLAWS
WHEREAS, an application in writing seeking the incorporation of a local government
corporation under the provisions of the Subchapter D, Chapter 431, Texas Transportation Code,
to be known as "CC Digital Community Development Corporation" (the "Corporation"), has
been filed with the City Council of the City of Corpus Christi, Texas (the "City" or "Corpus
Christi"), by three individuals, each of whom is a citizen of the State of Texas, of the age of 18
years or more and a resident of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council hereby finds and determines that the following factual
recitals are true and support creation of the City of Corpus Christi Citywide Integrated Wi-Fi
Network (the "Network"):
1. Corpus Christi is a city of approximately 280,000 population located in South Texas
on the Gulf of Mexico, the Corpus Christi Bay system, and the Intracoastal Waterway.
2. Corpus Christi is diverse ethnically and racially, with a population of about 55%
Hispanic, 39% Anglo, 4% Black, and 3% Other. The City is committed to equal
opportunity for all its citizens.
3. Corpus Christi is a home rule city under the Texas Constitution, having accepted the
broad powers entrusted to such local governments under Texas law, and the resulting
broad responsibilities for the safety, health and welfare of its citizens.
4. Corpus Christi is a full service city, providing water, wastewater, storm water, and
natural gas utilities, as well as comprehensive public services including police, fire,
emergency medical services, emergency management, streets, solid waste collection,
landfill, public health, neighborhood improvement and protection, health and safety
inspections, animal control, parks, recreation programs, latchkey programs, museums,
libraries, the arts, airport, municipal courts. convention and visitor facilities, enforcement
of discrimination laws, and others.
5. Corpus Christi has traditionally suffered and continues to suffer unacceptable levels of
unemployment; underemployment; salary, wage and benefit levels; educational
attainment; adequate housing; and health problems. All of these problems are directly
related to an insufficient number of quality jobs, and the resulting depressed economic
opportunities limit the availability of resources necessary to adequately fund basic public
serVIces.
6. Corpus Christi has diligently worked to promote the economic prosperity of the
community, with primary focus onjob creation which is the lynchpin for economic health
and quality of life for citizens. Toward this goal, the City has undertaken many economic
development initiatives, including an arena, convention center expansion, professional
baseball stadium for a team affiliated with Major League Baseball, seawall rehabilitation,
funding of economic development activities and affordable housing, construction of
Packery Channel, creation of a four-year university affiliated with the Texas A&M
Umversity System, establishment of the Texas State Aquarium and the Lexington
Museum, expansion of military facilities, development of regional water resources, and
support for business and economic development organizations.
7. Corpus Christi's primary public purposes are to deliver comprehensive, first class city
services at the lowest cost, achieve an excellent quality of life for all its citizens, and
create an outstanding economic environment with excellent job opportunities for all
persons.
8. Corpus Christi's ability to achieve its public purposes is currently hampered by the
absence of full access for the City, its citizens and community to the highest possible
level of electronic communications technology. Full access to that level of electronic
technology is indispensable to the City's ability to fully realize its public purposes.
Present access to that technology is far short of the level required.
9. In 2004, Corpus Christi undertook a Wireless Fidelity (WiFi) Network pilot project as
part of developing an Automated Meter Reading (AMR) program to serve its water and
gas utilities. That project was successfully completed in two residential neighborhood
areas with over 2,200 homes.
10. In September 2005, the City Council approved expansion of the Network to include
the entire city. In addition to AMR, the Network expansion will support improvement of
other basic city services including police, fire, emergency medical, emergency
management, inspections, code enforcement, and many others, and will enable the
provision of additional, electronic services by the City or the Corporation. The Network
will enable the City to provide better services at reduced cost.
11 The City is investing in excess of $7,000,000 in infrastructure for the city-wide
Network, and will invest additional significant resources in the continued operation,
maintenance, and upgrading of the System.
12 The completed Network will have excess capacity. That capacity will be made
available to a variety of potential partners whose participation will increase the benefits
and value of the Network, leveraging the public's investment.
13 Potential partners include:
a. Other governmental entities. The Network will provide the opportunity for
governmental entities to improve services at reduced cost, and to better integrate
their services with other public entities for overall community benefit.
b. Educational institutions. The Network will increase citizen access to
affordable, relevant, and convenient educational programs to enhance the quality
of the work force and improve the quality of life, making Corpus Christi a more
attractive home for new and expanded businesses. It will also contribute to
increased enrollment at local educational institutions.
c. Local businesses. The Network will enable online markets that provide local
businesses with tools to enhance their sales and operational effectiveness and
efficiency.
d. Community groups. The Network will enhance the programs of community
groups that promote public purposes of the City.
e. Internet access services. The Network will be a vehicle for internet service
providers to reach more local customers, and for more citizens to have internet
access.
f. Value added services. The Network will enable increased access to a wide
variety of goods and services.
14. Fair value will be contributed by partners in return for the benefit of participation in
the publicly-owned Network, which compensation may be in the form of financial or in-
2
kind contribution or in carrying out public purposes of the City. Partner participation will
leverage the City's investment to the maximwn extent; the greater the total participation
the greater will be the public benefit.
15 These guiding principles will govern design and administration of the Network:
a. Equity and level playing field. It is the intent of the City to provide a level
playing field to all potential partners.
b. Equally important, the City intends to deploy services in a way that ensures
that modern services are available to all of its citizens.
c. In order to become a partner with the City in a collaborative broadband
network, a company or organization should be prepared to bring an asset to the
collaboration. This asset may be financial, technological, or people-based.
d. Interoperability and scalability are two essential components for the network's
hardware, software, and Orgware (people and administrative issues).
e. Attitude is everything in a partnership; the way that a potential partner
approaches the joint effort will define the success of the endeavor. The City
intends to create partnerships with entities that will approach the partnership with
a positive "can do" attitude.
16 Fully utilizing the Network as described above will improve the delivery of City
services at reduced cost; will promote economic prosperity in the community in
nwnerous ways including increased jobs and business opportunities through a better
educated work force, increased markets for local businesses, ubiquitous access for all
citizens to electronic communications technology, and a quality of life that attracts more
and expanded businesses; and will leverage the City's investment by attracting more
revenues to support the Network.
17. The present and prospective right to gainful employment and general welfare of the
people of Texas and Corpus Christi require as a public purpose the promotion and
development of new and expanded business enterprises and development of job training,
and these will be advanced by implementation of the Network and its increased access to
technology.
18 The existence, development, and expansion of business, commerce, industry, higher
education, and job training are essential to the economic growth of Texas and Corpus
Christi and to the full employment, welfare, and prosperity of its citizens, and these will
be advanced by implementation of the Network and its increased access to technology.
19, Implementation of the Network and its increased access to technology will contribute
to the development and diversification of the economy of Texas and Corpus Christi and
the elimination of unemployment and underemployment therein.
20 Implementation ofthe Network and its increased access to technology is in the public
interest and serves a public purpose of Texas and Corpus Christi in promoting the welfare
of the citizens of Texas and Corpus Christi economically by the securing and retaining of
business enterprises and the resulting maintenance of a higher level of employment,
economic activity, and stability.
21. Implementation of the Network is a program to promote state and local economic
development and to stimulate business and commercial activity in the City pursuant to
Section 380.001, Texas Local Government Code.
SECTION 2. The City Council hereby finds and determines that it is necessary and
advisable that the Corporation be formed to accomplish the public purposes described in Section
1 of this Resolution.
3
SECTION 3. The City Council hereby approves the form of articles of incorporation
proposed to be used in organizing the Corporation, a copy of which is attached hereto as "Exhibit
A" and incorporated herein, and the form of bylaws proposed to be used by the Corporation, a
copy of which is attached hereto as "Exhibit B" and incorporated herein, and hereby authorizes
lhe incorporation of the Corporation.
SECTION 4. The City Council finds and determines that the meeting at which this
Resolution is approved is open to the public as required by law; and that public notice ofthe
time. place. and purpose of said meeting was given as required by Chapter 551, Texas
(:Tovemment Code.
SECTION 5. All resolutions and parts thereof in conflict herewith are hereby expressly
repealed insofar as they conflict herewith.
SECTION 6. This Resolution shall take effect immediately from and after its adoption
and publication in accordance with the law.
ATTEST:
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED THIS J. '$"
I~ar~
Assistant City Attorney
For City Attorney
DA Y OF ~~ ,2006;
4
Corpus Christi, Texas
____ Day of
rhe above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry GarcIa
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
,2006
5
EXHIBIT A
ARTICLES OF INCORPORATION
CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION
We, the undersigned natural persons, each of whom is at least eighteen (18) years
of age or more, and a resident and a qualified voter of the City of Corpus Christi, Texas
(the "City") and a citizen of the State of Texas, acting as incorporators of a corporation
under the provisions of Subchapter D of Chapter 431, Texas Transportation Code (the
"Act'). including the applicable provisions of Chapter 394, Vernon's Texas Codes
Annotated, Texas Local Government Code (the "Local Government Code"), do hereby
adopt the following Articles of Incorporation for such corporation:
ARTICLE I
The name of the corporation is CC DIGITAL COMMUNITY DEVELOPMENT
CORPORA nON (the "Corporation").
ARTICLE II
The Corporation is a public non-profit corporation.
ARTICLE III
The period of duration of the Corporation shall be perpetual.
ARTICLE IV
The Corporation is organized for the purpose of aiding, assisting, and acting on
behalf of the City in the performance of its governmental functions to promote the
common good and general welfare of the City, including, without limitation, the
development of the City of Corpus Christi Citywide Integrated Wi-Fi Network (the
"Network") for the purposes stated in the City's Resolution adopting these Articles, in
order to empower the public with the highest possible level of electronic communications
technology, which will enable provision of the highest quality city services at the lowest
possible cost, create an enhanced economic environment with excellent job and business
opportunities, contribute to the development and diversification of the economy of Texas
and the City and the elimination of unemployment and underemployment therein, and
generate many other related benefits.
The Corporation is formed pursuant to the provisions of the Act as it now exists
or may hereafter be amended (including the applicable provisions of Chapter 394, Texas
EXHIBIT A
Local Government Code, and other applicable laws referenced in the Act), which
authorizes the Corporation to assist and act on behalf of the City to accomplish any
governmental purpose of the City and to engage in activities in the furtherance ofthe
purposes of its creation.
The Corporation shall have and exercise all of the rights, powers, and privileges,
authority, and functions given by the Act and by the general laws of the State of Texas to
non-profit corporations incorporated under the Act including, without limitation, the
powers granted under the Texas Non-Profit Corporation Act, Article 1396-1.01 et seq.,
Vernon's Texas Civil Statutes.
The Corporation shall have all other powers of a like or different nature not
prohibited by law which are available to non-profit corporations in Texas and which are
necessary or useful to enable the Corporation to perform the functions and accomplish
the purposes for which it is created.
The Corporation is a governmental unit as that term is used in Chapter 101, Texas
Civil Practice and Remedies Code, and the operations of the Corporation are
governmental, not proprietary, functions for purposes Chapter 101.
ARTICLE V
The Corporation shall have no members and shall have no stock.
ARTICLE VI
All powers of the Corporation shall be vested in a Board of Directors who shall be
appointed by the City Council of the City (the "City Council"). The initial board
members, each of whom resides in the City, are identified in Article IX below and shall
serve for the term expiring on the date set forth therein. Subsequent board members shall
be appointed by the City Council. The number of board members after the initial board
members and the term of each board member shall be provided in the Corporation's
Bylaws. Each board member shall serve the term prescribed in the Bylaws or until his or
her successor is appointed by the City Council. Any board member may be removed
from office at any time, with or without cause, by the City Council in its sole discretion.
All other matters pertaining to the internal affairs of the Corporation shall be
governed by the Bylaws of the Corporation, so long as such Bylaws are not inconsistent
with these Articles of Incorporation or the laws of the State of Texas. Any change to
Bylaws must be approved by the City Council of the City.
2
EXHIBIT A
ARTICLE VII
The street address of the initial registered office of the Corporation is City Hall,
1201 Leopard, Corpus Christi, Texas 78401, which is within the city limits of the City,
and the name of its initial registered agent at such address is Armando Chapa.
ARTICLE VIII
The names and street addresses of the incorporators, each of whom resides within
the City, are:
NAME
ADDRESS
George K. Noe
Oscar Martinez
Armando Chapa
1201 Leopard, Corpus Christi, Tx 78401
1201 Leopard, Corpus Christi, Tx 78401
1201 Leopard, Corpus Christi, Tx 78401
ARTICLE IX
The Corporation shall be governed initially by a board of directors consisting of 5
directors. The names and addresses of the initial directors, each of whom resides within
the City, are:
NAME
Rosie Bonilla
ADDRESS
15 Hewit Drive
Corpus Christi, Texas 78404
Henry Garrett
6713 Shilling Way Lane
Corpus Christi, Texas 78414
Louis Garza
4518 Everhart
Corpus Christi, Texas 78411
Bud Harris
101 Baldwin
Corpus Christi, Texas 78404
Roland Mower
800 N. Shoreline
Corpus Christi, Texas 78401
3
EXHIBIT A
The initial directors shall serve a term that expires May 31,2006, and each shall
hold office for the term for which the initial director was appointed and until the
director's successor is appointed and has qualified.
ARTICLE X
A resolution approving the form of these Articles of Incorporation has been
adopted by the City Council of the City on ____,2006.
ARTICLE XI
No Director shall be liable to the Corporation for monetary damages for an act or
omission in the Director's capacity as a Director, except for liability (i) for any breach of
the Director's duty ofloyalty to the Corporation, (ii) for acts or omissions not in good
faith or which involve intentional misconduct or a knowing violation oflaw, (iii) for any
transaction for which the Director received an improper benefit, whether the benefit
resulted from an act taken within the scope ofthe director's office or (iv) for acts or
omissions for which the liability of a Director is expressly provided by statute. Any
repeal or amendment of this Article shall be prospective only, and shall not adversely
affect any limitation on the personal liability of a Director existing at the time of such
repeal or amendment. In addition to the circumstances in which a Director is not
personally liable as set forth in the preceding instances, a Director shall not be liable to
the fullest extent permitted by any amendment to the Texas statutes hereafter enacted that
further limits the liability of a Director.
ARTICLE XII
Regardless of any other provisions of these Articles of Incorporation or the laws
of the State of Texas, the Corporation shall not permit any part of the net earnings of the
Corporation to inure to the benefit of any private individual (except that reasonable
compensation may be paid for personal services rendered to or for the Corporation in
effecting one or more of its purposes). Any income earned by the Corporation after
payment of reasonable expenses, debt and such reserves as may be necessary as set forth
in the authorizing documents related to the issuance of debt by the Corporation shall
accrue to the City.
The City shall, at all times, have an unrestricted right to receive any income
earned by the Corporation, exclusive of amounts needed to cover reasonable expenditures
and reasonable reserves for future activities. Any income of the Corporation received by
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EXHIBIT A
the City shall be deposited into such account or fund as determined by the City Council
of the City. No part of the Corporation's income shall inure to the benefit of any private
interests.
If the Board of Directors determines by resolution that the purposes for which the
Corporation was formed have been substantially met and all bonds issued by and all
obligations incurred by the Corporation have been fully paid or provision made for such
payment, the Board shall execute a certificate of dissolution which states those facts and
declares the Corporation dissolved in accordance with the requirements of Section
394.026 of Vernon's Texas Codes Annotated, Local Government Code, or with
applicable law then in existence. In the event of dissolution or liquidation of the
Corporation, all assets will be turned over to the City for deposit into such account or
fund as the City Council shall direct.
ARTICLE XIII
The City Council may at any time consider and approve an ordinance directing
the Board to proceed with the dissolution of the Corporation, at which time the Board
shall proceed with the dissolution of the Corporation in accordance with the applicable
state law.
ARTICLE XIV
These Articles may not be changed or amended unless approved by the City
Council of the City.
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EXHIBIT A
IN WITNESS WHEREOF, we have hereunto set our hands this _ day of
._- ---, -------...-"
Incorporator
Incorporator
Incorporator
Before me, on this day personally appeared the foregoing individuals, known to
me to be the persons whose names are subscribed to the foregoing instrument in my
presence.
C.riven under my hand and seal of office this
Notary Public
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EXHIBIT B
BYLAWS
CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION
ARTICLE I
PURPOSES
CC Digital Community Development Corporation (the "Corporation") is
organized for the purpose of aiding, assisting, and acting on behalf of the City of Corpus
Christi, Texas (the "City") in the performance of its governmental functions to promote
the City, including, without limitation, the development City of Corpus Christi Citywide
Integrated Wi-Fi Network (the "Network") for the purposes stated in the City's
Resolution adopting the Corporation's Articles, in order to empower the public with the
highest possible level of electronic communications technology, which will enable
provision of the highest quality city services at the lowest possible cost, create an
enhanced economic environment with excellent job and business opportunities,
contribute to the development and diversification of the economy of Texas and the City
and the elimination of unemployment and underemployment therein, and generate many
other related benefits.
fhe Corporation is formed pursuant to the provisions of Subchapter D, Chapter
431, Texas Transportation Code (the "Act") as it now exists or may hereafter be
amended, which authorizes the Corporation to assist and act on behalf of the City to
accomplish any governmental purpose of the City and to engage in activities in the
furtherance of the purposes of its creation.
The Corporation shall have and exercise all of the rights, powers, privileges,
authority, and functions given by the general laws of the State of Texas to non-profit
corporations incorporated under the Act including, without limitation, the Texas Non-
Profit Corporation Act, Article] 396-1.01 et seq" Vernon's Texas Civil Statutes.
[he Corporation shall have all other powers of a like or different nature not
prohibited by law which are available to non-profit corporations in Texas and which are
necessary or useful to enable the Corporation to perform the purposes for which it is
created, including the power to issue bonds, notes or other obligations, and otherwise
exercise its borrowing power to accomplish the purposes for which it was created.
[he Corporation is created as a local governmental corporation pursuant to the
Act and shall be a governmental unit within the meaning of Chapter 101, Texas Civil
Practice and Remedies Code.
EXHIBIT B
ARTICLE II
BOARD OF DIRECTORS
Section 1. Appointment, Powers, Number, and Term of Office. All powers of
the Corporation shall be vested in the Board of Directors (the "Board"). The initial
Directors were appointed by the City Council of the City (the "City Council")
through its approval of the Articles of Incorporation (the "Articles"), and shall serve a
term through May 31, 2006. Each subsequent Board of Directors shall be composed of
five Directors. Of the five directors appointed for terms commencing June 1,2006, three
shall serve terms expiring May 31, 20 I 0, and two shall serve terms expiring May 31,
2008, and thereafter their successors shall serve terms of four (4) years commencing June
]. Directors may be appointed to succeed themselves. Each Director must be a resident
and qualified elector of the City. Each Director shall serve until a successor is appointed.
Any Director may be removed from office at any time, with or without cause, by the City
Council in its sole discretion
Section 2. Chairperson and Vice-Chairperson. A Chairperson and Vice
Chairperson of the Board shall be elected annually by the Board at its first meeting after
appointment of Directors by the City Council. The Chairperson shall preside at all
meetings of the Board, and have such other duties as may be prescribed by the Articles or
Bylaws The Vice Chairperson shall preside at meetings in the absence of the
Chairperson, and shall perform any other duties and powers of the Chairperson upon the
Chairperson's death, absence, disability or resignation, or upon the Chairperson's
inability to perform the duties of his or her office.
Section 3. Location of Meetings, Office, Books of Corporation. The Board
shall hold its meetings, have an office, and keep the books of the Corporation at such
place or places within the City as the Board may from time to time determine; provided,
however, in the absence of any other determination, the City Hall of City shall be the
registered office of the Corporation in the State of Texas.
The Board shall meet in accordance with and file notice of each of its meetings
for the same length of time and in the same manner and location as is required of a city
under Chapter 551, Texas Government Code (the "Open Meetings Act").
The Corporation and the Board are subject to Chapter 552, Texas Government
Code (the "Public Information Act").
Section 4. Annual Meetings. The annual meeting of the Board shall be held on
the second Wednesday in September, at the time and at the location in the City
designated by resolution of the Board, unless a different annual meeting date is adopted
by resolution ofthe Board, for the purpose of transacting such business as may be
brought before the meeting.
Section 5. Regular Meetings. Regular meetings may be established by the
Board by resolution and shall be held at the times and places designated by the Board.
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EXHIBIT B
Section 6. Special and Emergency Meetings. Special and emergency meetings
of the Board shall be held whenever called by the Chairperson or by a majority of the
Directors who are serving at the time the meeting is called.
rhe Secretary (as such position is described in Article III of these Bylaws) shall
give notice of each special meeting to each Director in person, by telephone, or by
electronic transmission (e.g., facsimile transmission or electronic mail) or mail at least
three (3) days before the meeting, at the Director's number or address as it appears on the
books of the Corporation. Notice of each special and emergency meeting shall also be
given in the manner required of the City under the Open Meetings Act.
Section 7. Quorum. A majority of the Directors holding office shall constitute a
quorum for the consideration of matters pertaining to the purposes of the Corporation. If
at any meeting of the Board there is less than a quorum present, a majority of those
present may adjourn the meeting from time to time. The act of a majority of the
Directors present and voting at a meeting at which a quorum is in attendance shall
constitute the act of the Board, unless the act of a greater number is required by law, by
the Articles, or by these Bylaws. A Director who is present at a meeting of the Board at
which any corporate action is taken shall be deemed to have assented to such action,
unless he or she expressly votes against the action.
Section 8. Conduct of Business. At the meetings of the Board, matters
pertaining to the purposes of the Corporation shall be considered in such order as from
time to time the Board may determine. In the absence of the Chairperson and the Vice-
Chairperson, an acting presiding officer shall be chosen by the Board from among the
Directors present. The Secretary of the Corporation shall act as secretary of all meetings
of the Board, but in the absence of the Secretary, the presiding officer may appoint any
person to act as secretary of the meeting.
Section 9. Committees. The Board may, by resolution, designate committees of
less than all members to assist with specific matters within the Board's authority. A
committee shall act in the manner provided in the authorizing resolution. Each
committee so designated shall keep regular minutes of the transactions of its meetings
and shall cause such minutes to be recorded in books kept for that purpose in the office of
the Corporation, and shall report the same to the Board from time to time. Committees
authorized to exercise the powers of the Board shall give notice of any meeting in the
manner required for a meeting of the Board.
In addition, the Board shall establish an advisory committee or committees
composed of discrete stakeholder groups with an interest in the operation ofthe Network
to receive their input and recommendations about the design and operation of the
Network.
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EXHIBIT B
Section 10. No Compensation for Directors. Directors, as such, shall not
receive any salary or compensation for their services as Directors, but may be reimbursed
for expenses in performing their duties.
Section 11. Director's Reliance on Consultant Information. A Director shall
not be liable if while acting in good faith and with ordinary care, the Director relies on
information, opinions, reports, or statements, including financial statements and other
financial data, concerning the Corporation or another person, that were prepared or
presented by:
a. one or more other officers or employees of the Corporation;
b. legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person's professional or expert competence; or
c. a committee of the Board of which the Director is not a member.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office. The officers of the Corporation shall be
the President, Vice President, a secretary, a treasurer, as set forth in this Article, and such
other officers as the Board may from time to time appoint. One person may hold more
than one office except one person shall not concurrently hold the offices of President and
Secretary. The term of office for each officer shall be one (I) year with the term of office
expiring on March 31 of each year, but an officer shall continue to serve until his or her
successor is appointed. Provided, however, where in these Bylaws an office of the
Corporation is designated to be filled by the holder of a City position, the term of the
corporate officer shall be contemporaneous with his or her term as City officer. Officers
may be re-appointed. Officers need not be Directors.
Section 2. President and Vice President. The City Manager ofthe City shall
serve as President of the Corporation. The powers and duties of the President shall be to
serve as chief executive officer of the corporation, to provide administrative support to
the corporation, and to perform duties as prescribed by the Board, subject to regulation by
the City Council. The Vice President shall be appointed by the President and shall
perform the duties of the President in the President's absence.
Section 3. Treasurer. The Finance Director of the City shall serve as Treasurer
of the Corporation. The Treasurer shall have custody of all the funds and securities of the
Corporation which come into his or her hands. When necessary or proper, he or she may
endorse, on behalf of the Corporation, for collection, checks, notes and other obligations
and shall deposit the same to the credit of the Corporation in such bank or banks or
depositories as shall be designated in the manner prescribed by the Board; he or she may
sign all receipts and vouchers for payments made to the Corporation, either alone or
jointly with such other officer as is designated by the Board; whenever required by the
Board, he or she shall render a statement of his or her cash account; he or she shall enter
or cause to be entered regularly in the books of the Corporation to be kept by him or her
4
EXHIBIT B
for that purpose full and accurate accounts of all moneys received and paid out on
account of the corporation; he or she shall perform all acts incident to the position of
Treasurer subject to the control of the Board; and he or she shall, if required by the
Board, give such bond for the faithful discharge of his or her duties in such form as the
Board may require.
Section 4. Secretary. The City Secretary of the City shall serve as Secretary of
the Corporation. The Secretary shall keep or cause to be kept the minutes of all meetings
of the Board and its committees in books provided for that purpose; he or she shall attend
to the giving and serving of all notices; in furtherance of the purposes of the Corporation
and subject to the limitations contained in the Articles, he or she may sign with the
President or any Vice President, in the absence of the President, in the name of the
Corporation and/or attest the signatures thereof, all contracts, conveyances, franchises,
bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation; he
or she shall have charge of the Corporation's books, records, documents and instruments,
except the books of account and financial records and securities of which the Treasurer
shall have custody and charge, and such other books and papers as the Board may direct,
all of which shall at all reasonable times be open to the inspection of any Director upon
application at the office of the Corporation during business hours; and, he or she shall in
general perform all duties incident to the office of Secretary subject to the control of the
Board.
Section 5. Officer's Reliance on Consultant Information. In the discharge of a
duty imposed or power conferred on an officer of the Corporation, the officer may in
good faith and with ordinary care rely on information, opinions, reports, or statements,
including financial statements and other financial data, concerning the Corporation or
another person, that were prepared or presented by:
a. one or more officers or employees of the Corporation, including members of
the Board; or
b. legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person's professional or expert competence.
Section 6. Hearing Officer. The President or designee shall serve as "hearing
officer" of the Corporation for the purpose of conducting any public hearing required
under the Internal Revenue Code of 1986 as a condition precedent to the issuance of tax-
exempt bonds by the Corporation.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year of the Corporation shall be the same as
the City's, or such other consecutive twelve-month period determined by the Corporation
and approved by the City Council.
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EXHIBIT B
Section 2. Seal. The seal of the Corporation shall be such as from time to time
may be approved by the Board.
Section 3. Notice and Waiver of Notice. Whenever any notice whatever is
required to be given under the provisions of these Bylaws, such notice shall be deemed to
be sufficient if given as prescribed in a particular Bylaw provision or by depositing the
same in a post office box in a sealed postpaid wrapper addressed to the person entitled
thereto at his or her post office address, as it appears on the books of the Corporation, and
such notice shall be deemed to have been given on the day of such mailing. A waiver of
notice, signed by the person or persons entitled to said notice, whether before or after the
time stated therein, shall be deemed equivalent thereto.
Section 4. Resignations. Any Director or officer may resign at any time. Such
resignations shall be made in writing and shall take effect at the time specified herein, or,
if no time be specified, at the time of its receipt by the President or Secretary. The
acceptance of a resignation shall not be necessary to make it effective, unless expressly
so provided in the resignation.
Section 5. Gender. References herein to the masculine gender shall also refer to
the feminine in all appropriate cases, and vice versa.
Section 6. Appropriations and Grants. The Corporation shall have the power
to request and accept any appropriation, grant, contribution, donation, or other form of
aid from the federal government, the State of Texas, any political subdivision, or
municipality in the State, or from any other source.
Section 7. Code of Ethics. The Directors of the Corporation shall be subject to
Chapter 2, Article V, of the Code of Ordinances of the City.
Section 8. Dissolution. In the event of liquidation, dissolution, or winding up of
the Corporation, whether voluntary, involuntary or by operation of law, the remaining
propertv and assets of the Corporation shall be distributed to the City.
ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 1. Right to Indemnification. Subject to the limitations and conditions
as provided in this Article V and the Articles, each person who was or is made a party or
is threatened to be made a party to or is involved in any threatened, pending or completed
action, suit or proceeding, whether civil, criminal, administrative, arbitrative or
investigative (hereinafter a "proceeding"), or any appeal in such a proceeding or any
inquiry or investigation that could lead to such a proceeding, by reason of the fact that he
or she, or a person for whom he or she is the legal representative, is or was a Director or
officer of the Corporation or while a Director or officer of the Corporation is or was
serving at the request of the Corporation as a director, officer, partner, venturer,
6
EXHIBIT B
proprietor, trustee, employee, agent or similar functionary of another foreign or domestic
corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or
other enterprise shall be indemnified by the Corporation to the fullest extent permitted by
the Texas Non-Profit Corporation Act or other applicable law, as the same exists or may
hereafter be amended (but, in the case of any such amendment, only to the extent that
such amendment permits the Corporation to provide broader indemnification rights than
said law permitted the Corporation to provide prior to such amendment) against
judgments, penalties (including excise and similar taxes and punitive damages), fines,
settlements and reasonable expenses (including without limitation, attorneys' fees)
actually incurred by such person in connection with such proceeding, and indemnification
under this Article V shall continue as to a person who has ceased to serve in the capacity
which initially entitled such person to indemnity hereunder. The rights granted pursuant
to this Article V shall be deemed contract rights, and no amendment modification or
repeal of this Article V shall have the effect of limiting or denying any such rights with
respect to action taken or proceedings arising prior to any such amendment, modification
or repeal. It is expressly acknowledged that the indemnification provided in this Article
V could involve indemnification for negligence or under theories of strict liability.
Section 2. Advance Payment. The right to indemnification conferred in this
Article V shall include the right to be paid in advance or reimbursed by the Corporation
the reasonable expenses incurred by a person of the type entitled to be indemnified under
Section 1 who was, is or is threatened to be made a named defendant or respondent in a
proceeding in advance of the final disposition of the proceeding and without any
determination as to the person's ultimate entitlement to indemnification; provided,
however, that the payment of such expenses incurred by any such person in advance of
the final disposition of a proceeding, shall be made only upon delivery to the Corporation
of a written affirmation by such director or officer of his or her good faith belief that he
or she has met the standard of conduct necessary for indemnification under this Article V
and a '-"Titten undertaking, by or on behalf of such person, to repay all amounts so
advanced if it shall ultimately be determined that such indemnified person is not entitled
to be indemnified under this Article V or otherwise.
Section 3. Indemnification of Employees and Agents. The Corporation, by
adoption of a resolution of the Board, may indemnify and advance expenses to an
employee or agent of the Corporation to the same extent and subject to the same
conditions under which it may indemnify and advance expenses to Directors and officers
under this Article V; and the Corporation may indemnify and advance expenses to
persons who are not or were not Directors, officers, employees or agents of the
Corporation but who are or were serving at the request of the Corporation as a director,
officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of
another foreign or domestic corporation, partnership, joint venture, sole proprietorship,
trust, employee benefit plan or other enterprise against any liability asserted against him
or her and incurred by him or her in such a capacity or arising out of his or her status as
such a person to the same extent that it may indemnify and advance expenses to Directors
under this Article V.
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EXHIBIT B
Section 4. Appearance as a Witness. Notwithstanding any other provision of
this Article V, the Corporation may payor reimburse expenses incurred by a Director or
officer in connection with his or her appearance as a witness or other participation in a
proceeding involving the Corporation or its business at a time when he or she is not a
named defendant or respondent in the proceeding.
Section 5. Non-Exclusivity of Rights. The right to indemnification and the
advancement and payment of expenses conferred in this Article V shall not be exclusive
of any other right which a Director or officer or other person indemnified pursuant to
SectIOn 3 of this Article V may have or hereafter acquire under any law (common or
statutory), provision of the Articles or these Bylaws, agreement, vote of disinterested
Directors or otherwise.
Section 6. Insurance. The Corporation may purchase and maintain insurance, at
its expense, to protect itself and any person who is or was serving as a Director, officer,
employee or agent of the Corporation or is or was serving at the request of the
Corporation as a Director, officer, partner, venturer, proprietor, trustee, employee, agent
or similar functionary of another foreign or domestic corporation, partnership, joint
venture, proprietorship, employee benefit plan, trust or other enterprise against any
expense, liability or loss, whether the Corporation would have the power to indemnify
such person against such expense, liability or loss under this Article V.
Section 7. Notification. Any indemnification of or advance of expenses to a
Director or officer in accordance with this Article V shall be reported in \\Titing to the
members ofthe Board with or before the notice ofthe next regular meeting of the Board
and, in any case, within the 12-month period immediately following the date of the
indemnification or advance.
Section 8. Savings Clause. If this Article V or any portion hereof shall be
invalidated on any ground by any court of competent jurisdiction, then the Corporation
shall nevertheless indemnify and hold harmless each Director, officer or any other person
indemnified pursuant to this Article V as to cost, charges and expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement with respect to any
action, suit or proceeding, whether civil, criminal, administrative or investigative, to the
fullest extent permitted by any applicable portion of this Article V that shall not have
been invalidated and to the fullest extent permitted by applicable law.
ARTICLE VI
AMENDMENTS
A proposal to alter, amend, or repeal these Bylaws shall be made by the
affirmative vote of a majority of all Board members then holding office at any meeting.
Any proposed change or amendment to the Bylaws, however, must be approved by the
City Council by resolution to be effective. Alternatively, at any time, the City Council
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EXHIBIT B
may alter, amend, or repeal these Bylaws by resolution at its own initiative, without a
proposal from the Board.
9
22
AGENDA MEMORANDUM
City Council Action Date: January 31,2006
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, enter into negotiations to purchase
Flint Hills Tank Farm site (Site 4) for the location of the new Wastewater Treatment Plant.
ISSUE: This is a presentation to Council to finalize the site selection process for the
new Broadway Wastewater Treatment Plant.
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Staff recommends Council proceed with
approval of the recommended location so negotiations for land purchase may begin
(
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Powerpoint Presentation
H:\HOMEIl YNDASIGEN\Wastewater\BROADW A Y PLANT\Presentation Aaenda January 31-2006\Memo.DOC
AGENDA BACKGROUND INFORMATION
SUBJECT: Broadway Wastewater Treatment Plant Site Selection
PROJECT BACKGROUND: The 1997 Council-approved Facilities Implementation Plan
recommended diversion of the waste stream from Broadway Wastewater Treatment Plant
to the Greenwood Plant. Subsequent analyses have indicated a cost far exceeding the '97
Study estimates.
· At the May 15, 2001 Council meeting, staff presented an update of the '97 plan
(Update #1) and the status of the Broadway Wastewater Treatment Plant Diversion
project including progress completed, work pending, projected cost estimate and
available options to diversion. Staff was instructed to further study and compare the
original plan for diversion with Option No.3 to build a new Wastewater Treatment
Facility within the Industrial Zone and Option No.4 to build a new Facility at the
existing location of the Broadway Plant.
· At the September 18, 2001 Council meeting, staff presented Broadway WWTP
Diversion Status Update #2 which included a detailed review of 4 options including:
o Option 1: Divert Broadway flows to Greenwood WWTP
o Option 2: Divert Broadway flows to Allison WWTP
o Option 3: Build new plant in the Industrial Area
o Option 4: Build new plant at the existing Broadway WWTP location
· At the January 29, 2002 Council meeting, staff presented Broadway WWTP
Diversion Status Update #3. This presentation included a detailed review of
Options 1, 3 & 4 including cost comparisons, site evaluations and life-cycle analysis
of the three different options. Council instructed staff to proceed with Option #3, a
new wastewater treatment plant in the industrial area and
o Begin assembling team to help with negotiations between City, Citgo and
Port of Corpus Christi; and
o Address issues specific to land purchase.
PRESENTATION DESCRIPTION:
The powerpoint presentation is an update of the site selection process for a new
wastewater treatment plant. This new treatment plant will replace the aging Broadway
Wastewater Treatment Plant on West Broadway Blvd. Overall, thirteen properties
including the existing Broadway Plant site, were reviewed. After preliminary screening, five
sites were eliminated due to their non-feasibility. The remaining eight sites were evaluated
further and a detailed construction cost analysis for these sites was completed.
Additionally, the cost of operating a treatment plant was done for each site with a 20yr life
cycle analysis to determine the present worth of each location. A matrix has been
!\HOMEIL YNDAS\GENIWaSlewaterIBROADW A Y PLANT\Presentatlon Agenda January 31-2006\Agenda Background.doc
prepared for each selected site to determine the most desirable location. The presentation
concludes with the staff recommendation.
STAFF RECOMMENDATION:
Staff is recommending that Council proceed with purchase of Flint Hills Tank Farm
site (Site 4) for the location of the new Wastewater Treatment Plant.
FUTURE COUNCIL ACTION: Council will be requested to authorize the necessary land
acquisition, engineering and construction contracts to:
1. Purchase land for the new plant;
2. Environmental and mitigation contracts;
3. Design and construct new plant and lines; and
4. Demolish existing plant.
PRIOR COUNCIL ACTION:
1 " AUQust 18. 1998 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract with Govind & Associates, Inc. in the amount of
$329,853 for engineering services associated with the Airport Ditch Outfall
Improvements and Broadway Plant Lift Station and Diversion to Greenwood
PlantlNueces River Delta. (Motion No. M1998-285)
2. Mav 5. 2001 - Motion authorizing the City Manager. or his designee, to execute
Amendment NO.3 to an engineering services contract with Govind & Associates,
Inc. in the amount of $43,010 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlantlNueces River Delta. (Motion No. M2001-189)
3. October 30,2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.5 to an engineering services contract with Govind & Associates,
Inc. in the amount of $48,560 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlantlNueces River Delta. (Motion No. M2001-409)
4_ April 16. 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.6 to an engineering services contract with Govind & Associates,
Inc. in the amount of $99,112 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlantlNueces River Delta. (Motion No. M2002-099)
5. Julv 8. 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in
the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion
Project - 36"/48" Diameter Gravity Line and Lift Station. (Motion No. 2003-239)
6. December 16, 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to
exceed $62,338 for the 24-lnch Gravity Sewer Line along Antelope Street between
Palm Street and Doss Street. (Motion No. M2003-447)
H:IHOMEIL YNDASIGENIWastewalerlBROADWAY PLANT\Presentatlon Agenda January 31-2006\Agenda Background.doc
7. November 16. 2004 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi,
Texas, for a total fee not to exceed $39,044 for a total restated fee of$1 ,378,811 for
the Antelope Street and Salt Flats Area 36-lnch/48-lnch Wastewater Gravity
Interceptor Project. (Motion No. 2004-429)
8. March 29. 2005 - Ordinance approving the FY 2005 Capital Budget in the
amount of $178,074,800. (Ordinance No. 026188)
PRIOR ADMINISTRATIVE ACTION:
1. September 10. 1999 - Administrative Amendment NO.1 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $4,460 for a
total restated fee not to exceed $334,313, for archaeological survey services for the
Airport Ditch Outfall Improvements.
2. June 27. 2000 - Administrative Amendment No. 2 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $9,480 for a
total restated fee not to exceed $343,793 to evaluate alternate pump station
locations.
3. June 19. 2001 - Administrative Amendment NO.4 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $14,010 for a
total restated fee not to exceed $400,823, to evaluate alternate pump station
locations.
4. Mav 22. 2002 - Administrative Amendment No. 7 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $24,650 for a
total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment
Plant Diversion Project.
5. November 14. 2002 - Administrative Amendment NO.8 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $18,195 for a
total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment
Plant Diversion project.
6. December 24. 2002 - Administrative Amendment NO.9 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $24, 880 for a
total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment
Plant Diversion project.
7. February 6. 2003 - Administrative Amendment NO.1 0 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $1,300 for a
total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment
Plant Diversion project.
8. August 29. 2003 - Administrative Amendment No. 12 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $0 for a total
restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment
Plant Diversion project.
9. April 19. 2004 - Administrative Amendment No. 14 to an engineering services
contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for
a total restated fee not to exceed $1,323,379, for the Broadway Wastewater
Treatment Plant Diversion project.
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23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 01/31/06
AGENDA ITEM: Motion authorizing the City Manager or his designee to enter into contract
negotiations with the selected proposer regarding the proposed re-use of the Memorial Coliseum.
ISSUE: Review and discuss the proposals, provide an explanation of the evaluation process and key
elements considered by the evaluation team.
REQUIRED COUNCIL ACTION: Approval of a motion authorizing the City Manager or his
designee to enter into contract negotiations with the proposer selected to redevelop the Memorial
Coliseum.
PREVIOUS COUNCIL ACTION:
1. Downtown Area Presentation
2. Memorial Coliseum, Proposed Re-Use and Rehabilitation Presentation.
CONCLUSION AND RECOMMENDATION: Review and discussion of the proposals resulting
in a motion authorizing the City Manager or his designee to enter into contract negotiations with the
selected proposer.
~~~
Irma Caballero
Economic Development Director
Attachments:
BACKGROUND INFORMATION
In July of 2005 staff submitted a "'Request for Qualifications" to 56 developers with expertise in
projects similar to the Memorial Coliseum. Seven (7) Responses were received:
· Busch Entertainment
· Glenn Lyons and Associates
· Captain Jack Little
Declined to participate
Interested only if the City sold the property
No experience with projects similar in scope, to the
Memorial Coliseum (per information in his response).
The remaining four companies, shown below, were asked to participate in a "'Request for Proposal"
(RFP) process:
· LandLord Resources
· TRT Development Company
· Wisznia Associates
· The NRP Group
Leon LoeblMelvin Kline
Robert Rowling
Marcel Wisznia
Dan MarksonlDebra Guerrero
Responses were received on December 21,2005.
Evaluation Process:
The evaluation process consisted of a four (4) tiered review which included an administrative review
conducted by Purchasing to ensure proposals met the RFP requirements for timeliness, content and
forrnat.
A second review was conducted using the design team for the Bayfront Master PIan (Phase 1)
consisting of Gignac & Associates, Sasaki Associates Inc., and the TVSA firm. The team
reviewed the proposals to determine if the projects were consistent with the goals and objectives of
the two aforementioned plans.
A third assessment was provided by the PKF Consulting firm. Their review focused on the technical
elements of the proposals. They assessed the core competency of the respondents, how the projects
encouraged economic development as well as redevelopment of the surrounding area. They also
assessed the financial capabilities ofthe companies to successfully fund and reach project goals.
A City team, comprised of representatives from key departments, completed the final evaluation.
The team carefully reviewed the proposals and considered the input given by the consulting groups.
A power point presentation will be provided to Council on January 31, 2006 with more detail
regarding the specific proposals as well as the staff recommendation.