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HomeMy WebLinkAboutAgenda Packet City Council - 02/21/2006 CITY COUNCIL AGENDA FEBRUARY 21, 2006 Corpus Christi M-AmericaCnv 11 A5 A.M. - Proclamation declaring February 6, 2006 as "YWCA Corpus Christi 60th Anniversary" Proclamation declaring the week of February 26-March 4,2006 as "Severe Weather Awareness Week" Proclamation declaring "Mark Scott, The Beautify Corpus Christi Association, 2006 Citizen of the Year" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 21, 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 inter prete 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 361-826-3105) 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 Evangelist Napoleon Johnson, Faith Mission 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 February 14, 2006. (Attachment # 1) Agenda Regular Council Meeting February 21,2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 * Citizens Advisory Health Board Community Youth Development (78415) Program Steering Committee * 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) 3. Resolution supporting and endorsing the continued operation of the Corpus Christi Police Department Police Academy. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 21,2006 Page 3 4 Resolution authorizing the submission of a grant application in the amount of $41,404 to the State of Texas, Criminal Justice Division for Year 7 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unitwith a City match of$13,853 and $1,600 in-kind services and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5.a. Resolution authorizing the City Managerorhis designeeto accept a Weed and Seed support grant from the United States Department of Justice (DOJ) in the amount of $1 00,000 in the No. 1067 Parks and Recreation Grants Fund for Site II West for the continued support of the Weed and Seed Program. (Attachment # 5) 5.b, Ordinance appropriating a $100,000 grant from the United States Department of Justice for Site II West for the continued support of the Weed and Seed Program FY 2005-2006 in the NO.1 067 Parks and Recreation Grants Fund. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the Contract for Professional Services with Gignac and Associates, Architects, of Corpus Christi, Texas in the amount of $65,160 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004). (Attachment # 6) 7, Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the Contract for Professional Services with Morgan Spear Associates, Inc., of Corpus Christi, Texas in the amount of $28,232 for a total restated fee of $44,072 for the ADA CO-ED Fire Station Improvements. (BOND ISSUE 2004) (Attachment # 7) 8 Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the Contact for Professional Services with Finder Dye Spann, Inc. of Houston, Texas in the amount of $184,170 for a total restated fee of $247,905 for Golf Course Improvements (BOND ISSUE 2004). (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regular Council Meeting February 21,2006 Page 4 9 Motion approving the second amendment to the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement with Yorktown Oso Joint Venture, owner and developer, Rancho Vista Subdivision, to extend the time period a second time from February 28,2006 to September 30,2006 for the developer to be eligible for reimbursement due to delays in the completion of construction and to modify the terms of the agreement. (Attachment # 9) 10 Motion authorizing the City Manager to execute a Deferment Agreement with King's Crossing Realty, L TD, (Developer), in the amount of $22,000 for the installation of paving and storm sewer public improvements to serve King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2 Subdivision, located south of Lens Drive and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3 (b). (Attachment # 10) 11 First Reading Ordinance - Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, to disestablish the Storm Water Management Advisory Committee. (Attachment # 11) 12. Second Reading Ordinance - Abandoning and vacating a 7,215- square foot portion of the Eden Lane public right-of-way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way and north of IH 37; subject to compliance with the specified conditions. (First Reading 02/14/06) (Attachment # 12) I. PUBLIC HEARINGS: 13.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ Agenda Regular Council Meeting February 21, 2006 Page 5 13.b. First Reading Ordinance - Abandoning and vacating a parcel of unimproved street right-of-way containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). (Attachment # 13) 13.c. First Reading Ordinance - Declaring as surplus property a parcel of land containing 4,169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street I mprovement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). (Attachment # 13) 13.d. First Reading Ordinance - Approving the conveyance of a parcel of surplus property containing 4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection to the adjacent property owner in exchange for his/her perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute Special Warranty Deeds for the property. (Attachment # 13) 14.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). (Attachment # 14) 14.b. First Reading Ordinance - Abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northemmost corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting February 21,2006 Page 6 14.c. First Reading Ordinance - Declaring as surplus property a parcel of land containing 3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267 (Bond 2004). (Attachment # 14) 14.d. First Reading Ordinance - Approving the conveyance of a parcel of surplus property containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection to the adjacent property owner in exchange for his/her perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required forthe street widening project, and authorizing the City Manager or his designee to execute Special Warranty Deeds for the property. (Attachment # 14) J. ZONING CASES: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 15 Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, of Conroe, Texas in the amount of $2,720,501.55 for the Water Main Improvements: Leopard Street and Third Street project for Base Bid "A", Base Bid "B", and Additive Alternate Numbers 1,2,3, and 4. (Attachment # 15) 16 Motion authorizing the City Manager or his designee to execute a construction contract with Austin Filter Systems, of Austin, Texas in the amount of $1,260,623.25 for the St. Andrews Park/La Costa Box Culvert Improvements for Base Bid "A", Deductive Alternate "A 1", Base Bid "B", and Deductive Alternate "B2". (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regular Council Meeting February 21,2006 Page 7 K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17 Presentation regarding possible new, joint City of Corpus Christi/Corpus Christi Independent School District southside library. (Attachment # 17) 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 inter prete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 21, 2006 Page 8 18. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-05-159, Tiffany Avalos, et al v. City of Corpus Christi, et ai, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. 19 Executive session under Texas Government Code Section 551.071 regarding Cause No. C-04-530, Robert Sean Milligan v. City of Corpus Christi, et ai, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. 20 Executive session under Texas Government Code Section 551.073 regarding the deliberations about a prospective gift or donation from the government of Spain, with possible discussion and action related thereto in open session. 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. 21. CITY MANAGER'S REPORT * Upcoming Items 22 MAYOR'S UPDATE 23 COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 21,2006 Page 9 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 2:00 p.m., February 17, 2006. ~ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting February 14, 2006 -10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern 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 * Arrived at 10:40 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Adelfino Palacios and the Pledge of Allegiance to the United States flag was led by Council Member Scott. Mayor Garrett called for approval of the minutes of the regular Council meetings of January 17, 2006 and January 31, 2006. A motion was made, seconded, and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Coastal Bend Council of Governments Oscar Martinez (Appointed) Richard Hooks (Appointed) Park and Recreation Advisory Committee Russell Stowers (Appointed) Commission on Children and Youth Captain Vidal De La Cerda (Appointed) Weed and Seed Steerina Committee Frances E. Garza (Appointed) Committee for Persons with Disabilities Linda Fallwell-Stover (Reappointed) Abel Alonzo (Reappointed) James M. Duerr (Reappointed) Toni Padilla (Reappointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 17). City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on Items 14, 16, and 17. Mr. Garcia requested that Item 8 be pulled for individual consideration. There were no comments from the public. A motion was made, seconded, and passed to Minutes - Regular Council Meeting February 14, 2006 - Page 2 approve Items 3 through 17, constituting the consent agenda, except for Item 8, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2006-030 Motion approving a supply agreement for approximately 118,000 pounds of drop-on type glass spheres, in accordance with Bid Invitation No. BI-0070-06 from Swarco Reflex, Inc., of Mexia, Texas, based on low bid for an estimated annual expenditure of $31,388. This item will be used by Street Services. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using department in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 4.a. RESOLUTION NO. 026636 Resolution authorizing the City Manager or his designee to accept grant funding in the amount of $10,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime pay within the Police Department and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 4.b. ORDINANCE NO. 026637 Ordinance appropriating $10,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 5.a. RESOLUTION NO. 026638 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Parks and Wildlife Department in the amount of $69,000 in the No. 1058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T-Head, with $23,000 match from the No. 3233 Marina Development Capital Improvement Program Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes - Regular Council Meeting February 14, 2006 - Page 3 5.b. ORDINANCE NO. 026639 Ordinance appropriating a $69,000 grant from the Texas Parks and Wildlife Department in the No. 1058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T-Head grant. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye" Marez was absent. 6. ORDINANCE NO. 026640 Ordinance transferring $3,000 from the No. 1020 General Fund Account No. 202965 to Account No. 13700; and appropriating the $3,000 to pay expenses for "Celebrate Texas 2006". An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 7 MOTION NO. 2006-031 Motion authorizing the City Manager or his designee to reallocate Community Development Block Grant Program funds from the FY2004 Corpus Christi Police Athletic League T. C. Ayers project to the FY2005 Corpus Christi Police Athletic League Ben Garza Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 9. MOTION NO. 2006-033 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to increase the Advanced Funding Agreement with the Texas Department of Transportation in the amount of $28,864.57 for the Cefe F. Valenzuela Landfill F.M. 70 Drainage Culverts. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 10. MOTION NO. 2006-034 Motion authorizing the City Manager or his designee to execute Change Order NO.2 to the construction contract with Zimmerman Construction, of Burnet, Texas in the amount of $32,051 for the Senior Center Improvements Project (CDBG). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes - Regular Council Meeting February 14,2006 - Page 4 11. MOTION NO. 2006-035 Motion approving the temporary closure of Mann Street from Water Street to Shoreline Drive, beginning at 12 midnight, July 14, 2007 through 5:00 p.m. on July 18, 2007 and waiving the associated occupancy fees of Section 53-195 and requirements of Subsections 49-17 (a) and (b), for the 2007 Texas Pecan Growers Annual Conference and Trade Show due to a finding that the event will promote the City and provide sufficient publicity and economic benefit to justify the waiver in accordance with Section 49-17 ( r ) of the Code of Ordinances. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 12. MOTION NO. 2006-036 Motion authorizing payment to American Electric Power in the amount of $148,000 street light installation on Spur 3 between Nile Drive and Ocean Drive. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 13. MOTION NO. 2006-037 Motion authorizing the City Manager to execute a Deferment Agreement with Value Place LLC, (Developer), in the amount of $135,941.70 for public improvements including water, wastewater, paving, and drainage improvements required to plat Value Place Subdivision, located north of SH 358 (South Padre Island Drive) and west of Friendship Drive at West Point Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3(b) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 14. ORDINANCE NO. 026641 Ordinance appropriating $2,700,000 from the Federal Aviation Administration Grant No. 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Phase II; Runway 17/35 Shoulders and Blast Pads; Airport Drainage Improvements Phase IV; Terminal Apron at Corpus Christi International Airport. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. Minutes - Regular Council Meeting February 14, 2006 - Page 5 15. ORDINANCE NO. 026642 Waiving the 60-day waiting period and publication of legal notice; renaming the park at 3010 Sunnybrook from Southside Park to Mike Zepeda Park. (First Reading 01/31/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 16. ORDINANCE NO. 026643 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 (V ASI) and adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 17. (First Reading 01/31/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. 17. ORDINANCE NO. 026644 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. (First Reading 01/31/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. Mayor Garrett opened discussion on Item 8 regarding the Water System Interactive Hydraulic Model and Analysis project. Mr. Garcia stated that a Flour Bluff resident was concerned that the proposed project would damage a number of ancient trees on her property. Assistant City Manager Ron Massey replied that Mr. Garcia was referring to the Souths ide Transmission Main project, and this item was not related to that project. Mr. Garcia withdrew his question. City Secretary Chapa polled the Council for their votes as follows: 8 MOTION NO. 2006-032 Motion authorizing the City Manager or his designee to execute Amendment NO.6 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $866,302 for a total re-stated fee of $3,940,767 for the Water System Interactive Hydraulic Model and Analysis to include the City-wide Water Distribution Master Plan Update. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes - Regular Council Meeting February 14, 2006 - Page 6 * * * * * * * * * * * * * Mayor Garrett referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following right-of-way closure: 18.a. Public hearing to consider abandoning and vacating a 7,215-square foot portion of the Eden Lane public right-of-way, out of Lot 3,Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way and north of IH 37. No one spoke in opposition to the right-of-way closure. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 18.b. FIRST READING ORDINANCE Abandoning and vacating a 7,215-square foot portion of the Eden Lane public right-of- way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of- way and north of IH 37; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 19. and a motion was made, seconded, and passed to open the public hearing on the following issue 19.a. Public hearing in connection with the issuance by the Colorado Educational and Cultural Facilities Authority of its tax exempt obligation for the benefit of the Educational Media Foundation in the aggregate principal amount of approximately $16,500,000. No one spoke in opposition to the issue. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 19.b. RESOLUTION NO. 026645 Resolution of the City of Corpus Christi, Texas approving the issuance of tax exempt obligation by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation as required by Section 147 (f) of the Internal Revenue Code of 1986. as amended. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting February 14, 2006 - Page 7 Case No. 0106-01. AI Development. Inc.: A change of zoning from a "F-R" Farm Rural District to a "R-1 B" One-family Dwelling District. The property is 47.87 acres out of Lots 3-6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 900 feet west of Airline Road along future Lipes Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of a "R-1 B" One-family Dwelling District. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 026646 Amending the Zoning Ordinance, upon application by AI Development, Inc., by changing the zoning map in reference to 47.87 acres out of Lots 3 through 6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm Rural District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 21 regarding a grant from the Morris L. Lichtenstein Jr. Foundation to establish a Spay and Neuter Program. Mr. Harry L. Marks, Lichtenstein Foundation president, reported that Ms. Susan Thiem, Animal Control Advisory Committee chairman, approached the foundation a year ago with a funding proposal for a spay and neuter clinic. She also provided a report supporting the need to control unwanted animals In the city. After visiting the city's animal care facility and meeting with city staff, he said the foundation accepted Ms. Thiem's proposal, agreeing to provide $244,000 in funding for the facility. Mr. Marks stated the $244,000 would be used to defray the facility's capital costs as well as fund one year's salary for the facility's employees. Given Mr. Morris L. Lichtenstein Jr.'s support for animal causes during his life, Mr. Marks said the foundation was pleased to assist the city with this endeavor Mr. Chesney thanked Mr. Marks and the foundation for their generous gift, saying that the spay and neuter clinic would address a tremendous need in the city. He also thanked Ms. Thiem for efforts. Ms. Susan Thiem, Animal Control Advisory Committee chairman, made a brief statement regarding the city's progress in addressing the unwanted animal problem. She also stated that the Animal Control Advisory Committee recommended a three-pronged approach to the problem as follows: intense public education; enforcement of city ordinances by the Animal Care Center and the Police department; and a large scale, low cost spay and neuter program. Ms. Thiem stated a spay and neuter clinic because it would enhance the animal care officers' ability to enforce the city's spay and neuter ordinance. According to the ordinance, passed in December 2004, spaying and neutering was required for all trapped roaming animals, all impounded dogs (on the first impound if unvaccinated; on the second impound if vaccinated), Minutes - Regular Council Meeting February 14, 2006 - Page 8 and all animals adopted from shelters. Ms. Thiem said the animal care facility currently issued a $25 voucher fee toward spaying and neutering for an adopted animal, yet few of the vouchers were ever redeemed. Consequently, one of the benefits from an on-premises clinic would be 100 percent compliance for adopted animals, which would be spayed and neutered before leaving the facility. Ms. Thiem cited a number of additional benefits, such as man-hour savings, prevention of unwanted litters, and low-cost spay and neutering services. She concluded that the Animal Control Advisory Committee unanimously recommended the establishment of a low- cost spay and neuter clinic at the city's animal care facility. Ms. Cooper spoke in support of the spay and neuter clinic, and thanked the foundation for their donation. Mr Scott thanked the foundation for their generous donation. He pointed out, however, that the city would be responsible for funding the project beginning in FY 2006-07. Although he would no longer be serving on the Council in 2006-07 because of term limitations, he nevertheless spoke in support of the continued funding. He said the city manager supported the project, and he hoped the Council concurred. City Manager Noe replied that staff anticipated that the clinic would generate revenues to partially offset the operation costs. Staff was developing a cost analysis now, and would report to the Council upon completion. Mr Garcia also thanked the foundation for their generous donation. He told Mr. Noe that the spay and neuter clinic was vitally important to the area, and he would like to see the clinic's operational costs included in the FY 2007 budget. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 026647 Resolution authorizing the City Manager or his designee to accept a grant from the Morris L. Lichtenstein Jr. Foundation in the amount of $244,000 to establish a Spay and Neuter Program and to authorize the City Manager or his designee to execute an agreement with the Foundation for that purpose. The foregoing resolution was passed and approved with the fOllowing vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 22, a presentation on the results of the 2005 Citizen Satisfaction Survey, given by Dr. Dan Jorgensen with Texas A&M University-Corpus Christi. Dr. Jorgensen stated the purpose of the survey was to report on the citizen attitudes toward the city's performance in 41 various service areas, such as public safety, transportation, parks and recreation, housing, public health, and social services. Dr. Jorgensen, in conjunction with Texas A&M-CC's Social Science Research Center, had conducted the survey for the past four years. This year, he said his sample size was 430 people and the margin of error was +/- five percent. According to survey results, Dr. Jorgensen stated that approximately 76 percent of citizens felt the overall quality of city services was favorable (good to excellent). When studying survey data collected between 1994 to 2005, he said an upward trend in favorable attitudes toward government appeared to be emerging. He noted, however, that since he was not Involved in collecting the data from 1994 to 2001, he could not vouch for its accuracy. Minutes - Regular Council Meeting February 14, 2006 - Page 9 Dr. Jorgensen discussed the services that rated particularly high in satisfaction as follows: emergency medical services; fire protection; airport services (new); gas service; garbage collection; water services; wastewater service; quality of residential areas; recycling; and library services. In general, he said these services rated highly in most cities. Additionally, he said the scores were placed on a 100-point scale for comparison with other ICMA citizen surveys. Dr Jorgensen covered the services that rated particularly low in satisfaction levels as follows: enforcement of vacant building ordinances; road conditions; attracting new employers to the community; enforcement of weed ordinances; enforcement of litter ordinances; street repair and maintenance; new street construction; helping existing employers to grow; street sweeping; and animal control. Dr. Jorgensen listed the ten services with the top growth in satisfaction rates in 2005 compared with 2004 as follows: juvenile crime prevention (up 36.73 percent from last year); helping existing employers to grow (33 percent); storm drainage (27 percent); requiring property owners to maintain property (25 percent); keeping citizens informed (24 percent); quality of residential neighborhoods (23 percent); library services (22 percent); and protection of water supply from pollution (22 percent). Dr. Jorgensen stated that only three services exhibited a statistically significant growth in negative attitudes in 2005 compared with last year as follows: new street construction, garbage collection, and brush collection. Dr Jorgensen stated that as a researcher, he was interested in investigating what factors were driving citizen attitudes toward services. Of the factors studied, he said that age, education, gender, and amount of city contact appeared to have significant positive and negative effects on attitudes. Education had the most significant positive affect on attitudes; the more educated the individual, the more favorable his or her attitudes were towards city services. Age had a similar positive affect on attitudes. Women had more favorable attitudes regarding city services than men did. By contrast, the more contact a citizen had with the city, the more negative their attitudes toward city services. Dr. Jorgensen also studied various attitudes toward public safety. He said 17 percent of citizens reported being a crime victim in the past year. Of these individuals, 93 percent said they reported all crimes against them, up six percent from last year. Dr Jorgensen covered stated that overall impressions of city employees were 75 percent favorable. He said 75 percent of respondents stated that they had gotten what they needed. Dr. Jorgensen briefly discussed attitudes toward city business practices, city Intergovernmental relations, public policy issues, and city Internet usage. (*John Marez arrived at 10:40 a.m.) Finally, Dr Jorgensen said most respondents said they received information about the city through television (91 percent) and newspaper (83 percent) reports, and most preferred to receive information through these media. Mr Noyola asked if survey results were available by council district. Dr. Jorgensen answered negatively, saying that they had tried providing results by district in the past, but the Minutes - Regular Council Meeting February 14, 2006 - Page 10 majority of respondents did not know what district they resided in when asked. Thus, he said the survey results were provided by zip code. To obtain representative numbers from each district, he said he would have to use a different sampling frame and increase the number of respondents per district. City Manager Noe added that the purpose of the data was to provide general input on how the city was providing services; it was not intended to provide results at the council district level. He said the information was valuable in part because it allowed staff to track attitudes over time and to find trends. He said staff could try to accommodate Mr. Noyola's request for more specific geographic information in future polls. Mr Marez thanked Dr. Jorgensen and Dr. Rios, who were his public administration professors at Texas A&M University- Corpus Christi, for administering a strong graduate program. He also asked staff to put more resources towards those areas rated poorly in the survey results. Mr Scott was concerned about the low satisfaction levels with garbage collection, job creation, and streets and roads. Mr. Noe replied that only 16 percent of respondents were dissatisfied with garbage collection service, a two percent increase from last year. He noted that this growth rate was within the margin of error, so it was not statistically significant. Regarding job creation, Mr. Scott noted that the city had recently held an economic summit to discuss the issue and develop a plan. Regarding streets and roads, City Manager Noe said street maintenance and reconstruction was a top priority. Street improvements required a substantial amount of resources, and while the city was allocating monies for this purpose, it was a long-term project that would not be solved overnight. He also noted that new street construction was also on the unfavorable list, and staff needed to improve in this area. Mr. Scott thanked staff for the In conclusion, Dr. Jorgensen commented that if the Council wanted more detailed data, staff could contact the Texas A&M University-Corpus Christi MPA and CPM graduate programs, whose students sought opportunities for research projects throughout the academic year. Mayor Garrett asked how often staff inventoried the city's streets. Assistant City Manager Ron Massey replied the street pavement conditions were assessed annually to determine which streets needed repairs or replacement. Due to a lack of funding, Mr. Massey said the majority of the repairs were made on an emergency basis rather than proactively. In response to Mayor Garrett's question, Mr. Massey stated in the Bond 2004 issue, staff had looked for opportunities to couple street repairs and reconstruction with other utility projects to pool resources. City Manager Noe thanked Dr. Jorgensen and the Texas A&M- Corpus Christi for heading the citizen survey for the past four years. He also said the city had built a great relationship with the MPA program by sponsoring a number of internships every year, which would benefit the community in the long term. * * * * * * * * * * * * * Mayor Garrett called for the city manager's report. City Manager Noe reported that the city was instituting a new program called the Citizen University on March 22. Designed to help citizens actively learn how the city functioned, the program would be comprised of 30 citizens selected through an application process. Mr. Noe thanked everyone who participated in the successful City Hall in the Mall program last weekend. Minutes - Regular Council Meeting February 14, 2006 - Page 11 On Monday, Feb. 22 at 6:00 p.m., Mr. Noe said the city would hold an open forum on a proposed open container ordinance requested by local businesses and the CCPD. Finally, Mr. Noe reported that next week's agenda would include an item on the new Southside Library project proposals. Mayor Garrett congratulated city staff, SMG, and the marina for their efforts on the bowlers convention. He said he had received many positive compliments about the city's professionalism and hospitality. Mayor Garrett called for Council reports. Mr, Chesney complimented Mr. Noe and city staff for the City Hall in the Mall, saying that he hoped the city would hold the event again. Mr. Marez announced that the next town hall meeting would be held on Monday, February 20, at Casa Linda Elementary in District 2. He also encouraged non-profit organizations to continue to contact him regarding his offer to donate his Council salary. Finally, he asked City Manager Noe to dispatch staff to 1301 Melbourne regarding an ongoing problem with their sewer system. Mr. Scott asked for an update on the proposed Knucklehead's restaurant location on the corner of Santa Fe and Leming Streets. City Manager Noe replied staff had reviewed and approved their parking plan, and was currently reviewing his proposal for vertical remodeling. Mr. Scott asked staff to be diligent during the permitting process for this establishment to ensure the application met the zoning requirements. Mr. Scott stated the parking issue was crucial to the neighborhood because Citko's Deli, an adjacent restaurant, lacked sufficient parking so patrons parked along the neighborhood streets. Since the Knucklehead's downtown location was a popular motorcycle bar, he emphasized that this would be unacceptable for their proposed second location in the Santa Fe residential area. He reminded the Council that residents in another area frequently complained about noise associated with a motorcycle bar in their vicinity, and in hindsight, the city should not have permitted the bar in that location. Mr. Scott was also opposed to granting the establishment a liquor license. Mr. Scott provided an update on the Island Foundation's request to acquire city parkland for a proposed school expansion. Thanks to the efforts of the Council, staff, and area residents, the Island Foundation found a landowner that was willing to donate his property for their project. Mr. Scott asked Mr. Noe to e-mail the Council the dates that the UDC and the Storm Water Master Plan would be scheduled for their consideration. Mr. Scott asked for an update regarding the riding stables on the Island. He understood that the owner had moved 75 horses onto the property yesterday, an inappropriate use in that zoning district. He asked staff to diligently follow the case to ensure proper compliance. Ms. Barbara Bailey Holly, Director of Development Services, said she had spoken with the gentleman and his attorney, Mr. John Bell, about the compliance issues and would continue to do so. Mr. Scott reported that residents expressed concern about a rehab facility located at 326 Meldo Park. He understood that 24 or 25 individuals were residing in the home, and asked staff to promptly investigate. Minutes - Regular Council Meeting February 14, 2006 - Page 12 Mr Garcia thanked the city manager and staff for holding the City Hall in the Mall event. Regarding the proposed entertainment district re-use of the Memorial Coliseum, Mr. Garcia stated the city's negotiations with TRT Holdings were only a starting point for the public dialogue. He suggested that TRT Holdings use this opportunity to sell their project to the community directly, stressing that the Council and staff were not required to do this. Mayor Garrett replied he understood that TRT Holdings had begun meeting with area residents about their project. Mr. Noe added that he had asked Assistant City Manager Oscar Martinez to ensure that TRT Holdings met with all the adjoining property owners. Mr. Scott added that Mr. Charnquist, who was developing a major apartment complex in the area, supported the entertainment district proposal and had been in contact with TRT Holdings. Mayor Garrett asked Mr Noe to keep the public informed on the project to combat any inaccurate information. Ms. Cooper announced that the local Wi-Fi Summit was scheduled on February 22 at Texas A&M University - Corpus Christi. The summit would explore the economic benefits of Wi-Fi and how to proceed with the initiative. She asked about city efforts to market the summit. Mr. Noe replied staff envisioned a more intense dialogue on the topics, and thus compiled an invitation list of 70 individuals. Ms. Cooper asked if the summit was open to the public. Mr. Noe stated that interested individuals could contact the Economic Development department for more information Mr Noyola emphasized the importance of keeping the public informed about the TRT Holdings proposal, and of providing opportunities for public input. Mayor Garrett replied the Council was committed to maintaining a transparent process on the issue. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton Street, stated that on January 10, he submitted a request for information on the Packery Channel project under the Public Information Act, yet he had not received a response. He said he submitted a copy of the request to Mr. Chapa during a Council meeting, and asked that copies be made and distributed to the Council. He asked for a response before March 21. Mr. Chapa recalled processing a lengthy letter received in the Mayor's Office a week after that date. He said he would look into the matter and report to the Council and Mr. French. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding his concern that the city had terminated the Internal Audit department, and speculated that this was the reason why the city could not complete its Comprehensive Annual Financial Report (CAFR) by the state deadline. Mr. Noe replied there was absolutely no relationship between the Internal Audit function and the timeliness of the annual audit. Mr. Chesney commented that the Council had asked staff to consider reestablishing the department during the next budget discussion. Mr. Noe replied affirmatively. Mr. Noyola asked when the CAFR was due. Director of Finance Cindy O'Brien replied state law required 120 days for completion, while the Government Finance Officers Association allowed 180 days for completion. He asked why the report wasn't being completed by the state deadline. Ms. O'Brien replied that problems with a software upgrade had delayed the submission this year, but she felt it could be submitted on time in the future. Mr. Noyola emphasized that he felt the report should be submitted on time every year, yet it had been submitted late as long as he had served on the Council. Mr. Noe replied that the GASB 34 Introduced a number of changes further complicating the financial reporting requirements. Coupled with the problems related to the PeopleSoft Financials software upgrades, he said staff had been unable to complete the report within 120 days. Mr. Noe stated his preference was Minutes - Regular Council Meeting February 14, 2006 - Page 13 that the report was accurate, and since there wasn't a huge public outcry, he was not concerned. Mr. Chesney spoke in support of city staff's position. The following individuals spoke in opposition to the opening of a Knucklehead's restaurant on the corner of Santa Fe and Leming Streets: Marta Sotomayor, 251 Amistad; Melba Chatham, 222 Rosebud; Cornelius Hayes, 225 Oleander; Rita Watson, 214 Leming; and Nancy Roberts, 210 Leming. Mr. Scott stated that he and some of the Council members planned to write a letter opposing Knucklehead's liquor permit application. He noted that the County Judge was also involved in the liquor license application process, and suggested the residents contact him as well. The Mayor called for a brief recess to present proclamations and to conduct a swearing- In ceremony. The Council returned from recess. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:15 p.m. on February 14, 2006. * * * * * * * * * * * * * 2 a. CITIZENS ADVISORY HEALTH BOARD - Five (5) vacancies with terms to 11-11-07 and 11-11- 08, one of which is appointed jointly by the City and the County. (Note: Council to designate which member will be recommended to the County for the joint appointed slot.) DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three- year terms, five (5) by the Commissioners Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. MEMBERS *Karen Beard (City), Chair Amanda Stukenberg (City), Vice Chair Rose Caballero (County) **Melinda Gonzales (City) Leo Barrera, Jr. (County) VACANT (County) *Michelle Thomas (City) **Dr. Melissa Wilson (City) Dr. Tony Diaz (County) VACANT (County) *Dr. Stephen Ponder (Joint) TERMS 11-11-05 11-11-06 Non-Expiring 11-11-05 Non-Expiring Non-Expiring 11-11-07 11-11-05 Non-Expiring Non-Expiring 11-11-05 ORIGINAL APPTD. DATES 11-12-02 5-08-01 4-99 8-15-95 4-24-84 4-13-04 11-09-04 11-11-78 11-09-04 *Resigned **Not seeking reappointment INDIVIDUALS EXPRESSING INTEREST Maricruz Cantu Injury Prevention Specialist, Driscoll Children's Hospital - Injury Prevention Program. Currently attending Del Mar College. Activities include: Safe Communities Coalition, Coastal Bend Youth Alcohol Awareness Coalition, and the National Highway Traffic Safety Administration. (12-15- 05) Suzzette Chopin ProfessorlDirector of Pre-Professional Education, Texas A & M University - Corpus Christi. Received B.S. and M.S. from Loyola University and Ph.D. from Lousiana State University Medical Center. Activities include: IRB Driscoll Children's Hospital, American Association of Anatomists, and Women in Science. (2-21-05) .T ames Chrobocinski Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College and expected to graduate from Park University. Activities include: Leadership Corpus Christi, Class 34, Chairman of project "I Love My Corpus Christi" campaign and multiple committees at c.c. Medical Center. (2-16-06) Patricia Lynn Crangle Social W orker/Patient Care Coordinator, Doctors Regional Medical Center. Received Bachelor's in Social Work from Our Lady of the Lake University in San Antonio. Currently Secretary of South Texas Social Work Society and has 11 years in the medical field. (2-16-06) Mariah J. Henderson Co-Owner/Physical Therapist, OPPT, Inc. Received a RA in Physical Education and M.A in Physical Therapy. Co- owner of The Pilates Training Center and Advisory Board member of the Del Mar Physical Therapy Assistant Program. (11-04-04) Laura L Herbert Professional Insurance Advisor, Arvak Insurance Group. President of CBAHU, President of Delta Gamma, RCIA teacher and member of Easter Star 354. (2-21-05) Jason Dean Sewell Registered Nurse, Corpus Christi Medical Center. Graduate of Del Mar College with an AA in Nursing. Certified in Advanced Cardiac Life Support and Oncology Nursing Society. Interested in being active in the community is a position of his expertise. (2-16-06) b COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - Three (3) vacancies with terms to 8-31-06. A minimum of two (2) of the appointees must reside within the 78415 area. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51 % of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State 2uidelines also require that no individual who is employed by the Fiscal A2ent (City of Corpus Christi) or any or2anization submittin2 a proposal for fundin2 throu2h the CYD Pr02ram. or their immediate family members. may serve on the committee. An expiration date for this committee was set as August 31, 2006, unless funds for the program end sooner. MEMBER Kimberly Riggans (78415 Resident), Chair Verla Gene Varino Anna Marie Cortez (78415 Resident) *Napolean Johnson *Theresa Finch (78415 Resident) Rodney Buckwalter James Chrobocinski Diana Mesa (78415 Resident) *Rheba Jones (78415 Resident) Katie Childs (Youth) (78415 Resident) Matthew Stroud (Youth) (78415 Resident) TERM 8-31-06 8-31-06 8-31-07 8-31-06 8-31-06 8-31-07 8-31-07 8-31-07 8-31-06 8-31-06 8-31-06 ORIGINAL APPTD. DATE 4-20-04 9-12-00 5-24-05 8-17-04 5-24-05 5-24-05 5-24-05 5-24-05 5-24-05 10-11-05 10-11-05 *Resigned INDIVIDUALS EXPRESSING INTEREST Ana Galvan Parent Liaison, Corpus Christi Independent School District. Currently attending college. Currently involved in activities at school. (78415 Resident) (1-24-06) Rene R. Gutierrez Juvenile Probation Officer, Nueces County Juvenile Probation Department. Received Associate in Arts, Bachelor of Science and Master of Public Administration. Activities include: Leadership Corpus Christi Class XXXIII, Mentor, Youth Continuum Care Coalition and U.S.A.F. (Regular Member) (4-15-05) Maria Teresa Lopez Data Entry Clerk, South Park Middle School/Corpus Christi Independent School District. Attended Del Mar College and universities in Mexico City. Volunteers with community residents in need of assistance by personal errand. (78415 Resident) (2-14-06) Tammy R Maness Recreation Leader, Corpus Christi Housing Authority. Interested in getting involved with 78415 area. (78415 Resident) (2-14-06) Larry Rast Owner, Marathon Mortgage. Received B.A. in Sociology from Texas Tech University and M.A. in Community Counseling from Stephen F. Austin State University. Activities include: Special Olympics volunteer, Ronald McDonald House, and Member of the Housing and Urban Development Families Self-Sufficiency Advisory Committee. (Regular Member) (11-14-04) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02121/06 AGENDA ITEM: Resolution supporting and endorsing the continued operation of the Corpus Christi Police Department Police Academy. ISSUE: The Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE) requires a resolution of support from the governing body of the sponsoring organization before a Police academy will be licensed by TCLEOSE. BACKGROUND INFORMATION: The Commission may issue an academy license to an academy that is operated by or for the state or any political subdivision of the state for the specific purpose of providing law enforcement, corrections, telecommunications, and/or other law enforcement related training. In order for a license to be issued, the political subdivision must submit for commission approval a resolution of support from the governing body of the sponsoring organization. REQUIRED COUNCIL ACTION: Approval of the resolution of support. FUNDING: None required AA~ K. A. Bung Acting Chief of Police Attachments: TCLEOSE Regulations (b) The nominations/recommendations for the achievement awards shall be filed as follows: (1) received by the commission on or before December 31 st of each year; (2) must have been submitted by one of the following: (A) an elected official of the state; (B) an elected official of a political subdivision; (C) an administrator of a law enforcement agency; or (D) any person holding a current license issued by the commission; and (3) shall be supported by acceptable evidence of the nominee's qualifications for the award. Such evidence may consist of evaluations, police reports, newspaper clippings, eyewitness accounts, or other valid, confinnable evidence, consisting of certified copies of documents and sworn affidavits. (c) A committee shall be appointed by the executive director for the purpose of reviewing recommendations. Upon completion of the review, the committee will forward to the executive director nominees for consideration. The executive director will provide a list to the commissioners who will then make the final deteonination of who merits awards at a regularty scheduled meeting. (d) The effective date of this section is March 1, 2001. 1215.1. Licensing of Training Providers. (a) The commission may issue credentials to three types of training or education providers: (1) licensed law enforcement academy; (2) contractual training provider; or (3) a licensed academic provider. (b) The commission issues these licenses or contracts for a specified period of time: (1) five years for a licensed law enforcement academy; (2) two years for a contractual training provider; (3) five years for a licensed academic provider; or (4) for a shorter period as appropriate for a program found to be at risk. (c) License renewal is dependent upon continued compliance with commission rules and performance, which includes risk assessment. (d) The effective date of this section is June 1.2004. A -UI _ (a) The commission may issue an academy license to an academy that is operated by or for the state or any political subdivision of the state for the specific purpose of providing law enforcement, corrections, telecommunications, and/or other law enforcement related training. In order for a license to be issued, a comprehensive training needs assessment must be submitted to the commission, justifying the need for an additional academy in the regional planning commission or council of governments area in which the proposed academy will be located. The needs assessment must include as a minimum: (1) a description of whom the academy will serve, including the identity of each law enforcement agency the academy expects to serve, the number of officers the academy expects to train annually from each agency, and the basis for the academy's expectations; (2) a description of existing law enforcement training programs in the proposed service area and documentation justifying the need for an additional academy; Texas Commission on Law Enforcement Officer Standards and Education January 1, 2005 15 (3) the number and types of courses that will be offered; (4) what specific training need(s) are not currently being provided by licensed academies in the regional planning commission or council of governments area; and (5) proof of notification by certified mail to all licensed academies within the regional planning commission or council of governments area of their intent to apply for an academy license and what specific training needs the applicant intends to meet. ", If the commission determines that the training needs assessment justifies an additional academy in the area, and before an academy license may be issued, the proposed academy must pass an inspection of its facilities and instructional materials and must submit for commission approval: (1) a completed, written application on a commission form that is signed by the chief administrator or head of the organization exercising administrative control over the acade ., (3) the proposed formal name of the academy, which must not misrepresent the status of the academy or be confusing to law enforcement or to the public; (4) a proposed startup and operational budget and a proposed course schedule to show that training will be conducted on a continuing basis; (5) a schedule of tuition and fees, if any, that will be charged; (6) documentation that an advisory board has already been appointed as provided by the Occupations Code, Chapter 1701.252, including a resume for each board member; (7) any advisory board minutes necessary to show the decisions which have been made by that board in all areas required by the commission; (8) the name, social security number and resume of the proposed training coordinator and any academy staff instructors, and a list of instructors who are scheduled to teach the submitted proposed course schedule; (9) documentation that the academy will be based on at least one of the following sponsoring organizations: (A) a law enforcement agency that has at least 50 full-time paid peace officers and/or county jailers under current appointment; (8) an institution recognized by the Texas Higher Education Coordinating Board; or (C) a regional planning commission or council of governments (COG) board; (i) the commission will issue only one regional academy license within each regional planning commission or council of governments area at anyone time; (ii) to be or remain a regional academy, that particular academy must substantially meet the training needs of all current or prospective licensees who reside in that region; (10) certification that the academy meets the requirements of the Americans with Disabilities Act (ADA), to which its entity is subject, and as those requirements apply to the academy's function (including course materials, course presentation, and facilities). The certification will represent that the academy will maintain this compliance during the term of the license; (11) the physical location and a description of the proposed training facility and any satellite sites; and Texas Commission on Law Enforcement Officer standards and Education January 1, 2005 16 RESOLUTION SUPPORTING AND ENDORSING THE CONTINUED OPERATION OF THE CORPUS CHRISTI POLICE DEPARTMENT POLICE ACADEMY. WHEREAS, the City of Corpus Christi recognizes the primary mission of the Corpus Christi Police Department Police Academy can be articulated in a two-fold manner, the first being to prepare the participants of the basic police academy to serve the needs of the community and to uphold the laws of society in an effective and professional manner; and WHEREAS, the City of Corpus Christi recognizes the second primary mission is to provide continuing education to departmental employees so that they may continue to serve the public in the best possible manner; and WHEREAS, the City of Corpus Christi recognizes that the Texas Commission on Law Enforcement Officer Standards on Education (TCLEOSE) is a state regulatory agency charged with the responsibility of establishing, implementing, and maintaining standards for peace officers, county corrections officers, and emergency communications personnel; and WHEREAS, the City of Corpus Christi recognizes that said Commission maintains highly effective relationships with educational institutions and governmental and public entities across the state and nation to fulfill its goals; and WHEREAS, the City of Corpus Christi has continued to support the operation of the Corpus Christi Police Department Police Academy for over 30 years; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to TCLEOSE Rule 215.3.(b)(2), the City Council supports and endorses the continued operation of the Corpus Christi Police Department Police Academy. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED r; ~ ru Co."" L, 2006 \ By: ~ (\--- / Joseph Harney r Assistant City Attorney ,.'~<~;,,' ""~'-',,,:~ . ~.~; Corpus Christi, Texas 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 .".... "","r.~?-;;- "......< '" A 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02121/06 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $41,404 to the State of Texas, Criminal Justice Division for Year 7 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $13,853 and $1,600 in-kind services and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Seventh year funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND INFORMATION: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long- term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salaryl benefits for a Victim Case Manager. equipment, supplies, training. and mileage. The case manager provides services to victims including information and referral. criminal justice support and case information. assistance with filing forms for benefrts available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act. informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates located at the District and County Attomey office. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case manager also works closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Additionally, they provide training to community groups regarding victimization issues and available resources, thereby increasing community awareness. FUNDING: Funding is available 9/1/06 - 8/31/07. The State provides $41,404 for the salary of the Victim Case Manager, volunteer hours contribute $1,600 as in-kind contribution, and the law enforcement trust fund $13,853 for partial salary, equipment, and training. The funding is not on a declining percentage or ending funding cycle, but is subject to the federal appropriation awarded to the State for distribution. REQUIRED COUNCIL ACTION: Approval to submit application. K. A. Bung Acting Chief of Police RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $41,404 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR YEAR 7 FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $13,853 AND $1,600 IN-KIND SERVICES AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $41.404 to the State of Texas, Criminal Justice Division for Year 7 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $13,853 and $1,600 in-kind services and is authorized to apply for, accept, reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: f.tv-.. IV ,2006. (j By Reso-grant-FamViol 2 Corpus Christi I Texas of , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Reeo-grant-F amVioI 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/21/06 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to a accept a Weed & Seed support grant from the U.S. Department of Justice (DOJ) in the amount of $100,000 in the No. 1067 Parks and Recreation Grants Fund for Site II West for the continued support of the Weed & Seed Program. S. Ordinance appropriating a $100,000 grant from the United States Department of Justice for Site II West for the continued support of the Weed & Seed Program FY 05/06 in the No. 1067 Parks and Recreation Grants Fund; and declaring an emergency. ISSUE: The Weed & Seed Program must continue working towards its current strategy. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. PREVIOUS COUNCIL ACTION: For the past nine years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Council, on February 22,2005 appropriated a $450,000 Grant award from the U.S. Department of Justice to support activities in Site I North for $225,000 and Site II West for $225,000 Corpus Christi Weed and Seed target areas. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. ~~~ ~ Sally Gavlik, Director Parks and Recreation Department Attachments: Background Information Award letter Grant Award Description - OJP Form 4000/2 BACKGROUND INFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed The City of Corpus Christi to insure 50% of our budget went to the Law Enforcement side of the program. Our Site I North Target area has now been terminated after 10 years of service to the City of Corpus Christi and will not receive future funding. We will still receive funds for our Site II West area. This Weed & Seed support grant in the amount of $100,000 for Site II West will be used for the continued support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). It will be dispensed per guidance from the DOJ, $50,000 for CCPD weeding efforts and $50,000 for seeding efforts. Ul "7 Ob I1Jt 15 36 FAl 20:! 353 0598 EXEC OFF WEED SEED IaJ 006 ~..- . ~ oCJaa1ioc OIIccof JuICicI ~ C...1IIIk)' c.p.Jty J)Q~t 0ftIce Grall. PAGe 1 OF 2 I. lt6C1P&lT NAI4~ ~ (IKIIodIlw 7.9c.dc1 ClI7"'c:.p. QrHQ I =~ "'"..,.", ~ 0RAJr11Di IRIIYI!NOOll NO. .~ ! ...AWAID........, ""~5oI2n 1 ft(IK'I'ft!ItIlI): ~ IlUDClft'ftIU)D: NOW IM.IJOCD 10 0Pt3CIf:llDlN lMI'l2OO$ 10 lIWJCv.IOO6 6.AWMDD,\11I -.- t........,..... III -i"~ - J. PItOJICI' tIlLS MIl.... FYiOV' ........".'I~... W........... ... FcdaII AIIiaoI..... 0cl1.3OOJ tft....... t. PUvIauIAW4I,D ANOUN'f 10. AJCJan'OFU.AW~ $0 S IlIO.ClDt 11.1UL\I.AWAQ S 'lIO.ClDt 12. SI'IiCII\L 0CHDI'Fl0N5 n1Ji MO"" ORAHT PaOIBcrIS APPROYtO ~ lOSUClU:.'ONDI1'Qt$Ol L.INlTATJOPlS AS ~SETFOf.TH Otlllt! ATTAOIQ} ""OIlS). I OJ: ';'1'111'0&' ..."""";;.. """" Thi. ..... illUpIIOIIlld onder C_,...... Appr~ A~ 1005.".... 1.. No. I"""", '18 SIll ZllW. 21M -.1]191 (2GOC). IS. MI\I'NOO OF' PA YWSNf PARS NJENCY Id'PIOYAL ". TYPeO tlAIIE AND Tm.1i OF 4PPlOVDIG OFFICIAL ----~ Il..p. 8. Sehofield ~"-YGmonI OIAN1IlEACCVrAHCli II. TTrII)tlWE AN) TI1'LE Of A~ 0lAHTI!B 0flI'IcIAI. Ci"'P NK atr~ : ~~~J' I - .. . J ~ .. ACOOlImMGcu.st"fCATJON CClDfi!J , PlICAL ftJMD IUD. UV. I ~.. :.. ;. :c :- : Jl AOENCY US1iONL Y 21. WIII5~ OF It.U1 ~ RIlCIPIENT Ot1'lOAL I i 19A. Do\ TF. 1 111;b I 17. SlCiNATUIlI[ OF APPROVIN(l OFFICIAL PONS AMOUNT I~J_. OJP PORM 4I0OI2 (REV. S.I7) PUV10US EDIllONl AU ORSOLl!TE. OJP FORM 4e8lN2 (REV. 4-4r) 1I':; i UIl it t 1:> Jr:> t<.ti :to" 3jJ U598 EXEC OFF' WEED SEED 1aI002 . ~ 1lIIt""""" omce of ~....... otrice oCthe Aalstanc Attcmay Oeanl "'.......... D. c: 10M J September 2. 2005 Mr. Qaqrp Not CIty or CaIpJII CbJ1rnj 1'0 S. 9217 CarP\lI CbNti, TX 7M69-9271 Dear Mr. Noc: 011 bellalfof A1IDIDIy 0ea.aI ~ 0aaIIaI, it 111117 ......... .... J'Oll'" ... OIIcleor MlIiao...... .. ~,oar ~l,lfCiua 1Ir........ tic Weed...... .........O'-Ial..._eCllGO.GOO tor City of c..,.. CIriIti. Thb...... wiD.....,.. ro............. ..... ,.... WClIlII_ Seed' ~..4lr4 .... e.cIOIlId JUIl wtllliad lie 0... AWIld...... ~ 4at ~ 'TldllIWIlId...... _Illl.......~ IDd ....... nqu---. ...... at...,.... . il.or...... 1M ~.....-. n:portI, ndatiaD ofd iDlarim IUdtt IIIldiDp,. -. - -~_ ala ........ .....01.... DB t--.. ....,......., lD'" ~..--. 70lI will be In vioIaiaa ofthc: lams ordlis ............t 8IId 1be ftInl wit be NIjeet 10 "'~IIlIiIIo, forcaus. arlllhar IIIIaliIlia1nIlc dOlI . ...........We. lfyou have questions ~ dIis award. plcac 00I1tact: . Program Qucsdons. Frederick F. Filbcfg. Program w-pr at (202) , 14-~5; U1d. - Fu.now QMIlioa&.IbaOllkcollbe CaaIprvIJer.c:.toalIr StniceCelllllr(CSC}IC (100) 451-0716, OC'you.-y ~ tho CSC at uk ~.pv. Coftetalulationt. and we look rOlWU"d 10 wortlng wllh ~u. Sincx:nlIy. ~~~J' Rcp. B. Schofield ....--, AIIOI11IlY <Jcncra' ~nc:IosvRS Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A WEED & SEED SUPPORT GRANT FROM THE U.S. DEPARTMENT OF JUSTICE (DOJ) IN THE AMOUNT OF $100,000 IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR SITE II WEST FOR THE CONTINUED SUPPORT OF THE WEED & SEED PROGRAM. 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 Weed & Seed support grant from the U.S. Department of Justice (DOJ) in the amount of $100,000 in the No. 1067 Parks and Recreation Grants Fund for Site II West for the continued support of the Weed & Seed Program. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: 16 February 2006 Be . Doyle D. Curtis Chief. Administrative Law Section Senior Assistant City Attorney For City Attorney H\LEG-DIR\JosieE\DOYLE\Res . Weed & Seed Program Grant.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 H:\LEG-DIRlJosieE\DOYLE\Res - Weed & Seed Program Grant.doc Page 1 of 2 ORDINANCE APPROPRIATING A $100,000 GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR SITE II WEST FOR THE CONTINUED SUPPORT OF THE WEED & SEED PROGRAM FY 05/06 IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND; 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 United States Department of Justice is appropriated in the No. 1067 Parks & Recreation Grants Fund for Site II West for the continued support of the Weed and Seed Program FY 05/06 in the NO.1 067 Parks and 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 Armando Chapa City Secretary Henry Garrett Mayor Approved 21 February 2006 ~iS Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H\LEG-DIRIJosieE\DOYLE\Ord - Weed & Seed Program Grant.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. Respectfu lIy, 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 H\LEG-DIR\JosieE\DOYLE\Ord - Weed & Seed Program Grantdoc 6 AGENDA MEMORANDUM DATE: February 21,2006 SUBJECT: Bayfront Development Plan Phase 1 (Project No. 6279) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $65,160 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004). ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 5 Bayfront Master Plan Project. An amendment is required to authorize boundary and topographic land surveys to proceed with detailed design. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ,.... ~ n el R. Escobar, P. E., irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit liB" Contract Summary Exhibit "e" Location Map H: IHOME\KEVIN SIGE NIBavfrontMasterPlanlPhase 1 IAEAmd 1 Memo doc BACKGROUND INFORMATION SUBJECT: Bayfront Development Plan Phase 1 (Project No. 6279) BOND ISSUE 2004 PROJECT AMENDMENT SCOPE: This amendment provides for the boundary and topographic surveying necessary to support the design phase of the project. The current contract provides funding for design services through conceptual design and funding for approximately 35% detailed design. The contract set forth the tasks of surveying, but provided that the fee for surveying would be negotiated based on the conceptual design. A summary of the Amendment and fee is attached. See Exhibit B. PROJECT DESCRIPTION: This project consists of funding to implement the first phase of Shoreline Boulevard realignment from I H-37 to Resaca Street. Proposed work will include restructuring of the existing traffic medians, and demolition and reconstruction of the traffic lanes, development of pedestrian spaces, landscape improvements, and other amenities. This is a multi-phased project that will enable the Bayfront Master Plan to be implemented with various components. Specific improvements will include: STREETS · Four (4) traffic lanes with two (2) parking lanes and associated ADA parking and bus turnouts, · Sidewalk sections adjacent to the street, · New street lighting, and · Necessary storm sewer, fire water line relocation, traffic barricading, lane striping, signage and required appurtenances to complete the project. PARKS · Creation of new park and public area adjacent to existing seawall, and · Landscaping of park area to include top soil and sodding, irrigation, palms, ground cover, shrubbery, additional trees, hardscaping, pavers, and other amenities including water features, restrooms, and concession booths. PROJECT BACKGROUND: In October 2003, local architects, under the sponsorship of the Corpus Christi Caller Times, held a brain-storming session called a charrette and came up with an expansive green-belt vision of what a revised Bayfront could look like On December 16,2003, the City Council approved a $100,000 contract to have the architectural firm of Thompson Ventulett and Stainback and Associates, Inc. to create a Master Plan for the Bayfront area. Local organizations that participated in funding this AlE contract include: . The City of Corpus Christi, . The Downtown Management District, . The Regional Transportation Authority, . The Metropolitan Planning Organization, and . The Port of Corpus Christi. H ,HOMEIKEVI N SIGE NIBayfronlMasterPI anlPhase 1 IAEAmd1 Bkg. doc EXHIBIT "A" Page 1 of 4 Over the next several months a series of meetings with public organizations, the Corpus Christi Caller Times, several citizen groups, and a public survey process was conducted to gather relevant data and generate public awareness for a conceptual plan for the Bayfront area. Citizens were able to download a special questionnaire on the Bayfront plan from the City's web site to contribute further comments. On July 20, 2004, The City Council approved the Bayfront Master Plan on 1st reading and directed staff and the City's Bayfront Master Plan consultants to revise the draft plan to include a range of four to six travel lanes for Shoreline Boulevard. The proposed revisions to Policy Statement G.3 allow the City the flexibility to improve Shoreline Boulevard from four to six lanes as needed. The Bayfront Plan included a master plan for the two-mile stretch of bayfront from the Corpus Christi Ship Channel to McGee Beach. The major components of the plan included: . Shoreline Boulevard will change from three lanes in each direction to three lanes in each direction, with a left-turn lane to ease backups; . Routing traffic along the water's edge from the Lawrence Street T -Head to the intersection at Interstate 37, and away from the water along the rest of the bayfront; . Creating small single-block parks along the downtown portion of the bayfront and creating larger parks near Memorial Coliseum and the new arena; . Building a new breakwater to protect McGee Beach. 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. Proposition NO.5 for the Bayfront Master Plan, Phase 1 was approved by voters and a Request for Qualifications was issued to acquire the services of an architectural firm to design the first phase improvements to the Bayfront area. PRIOR COUNCIL ACTION: 1 December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the RTA in the amount of $20,000 for the Bayfront Master Plan. 2 December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Downtown Management District in the amount of $20,000 for the Bayfront Master Plan. 3 December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the amount of $20,000 for the Bayfront Master Plan. 4 December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi in the amount of $20,000 for the Bayfront Master Plan. EXHIBIT "A" Page 2 of 4 H . \HOMEIK EVI N SIGE NIBayfrontMasterPlanlPhase1IAEAmd 1 Bkg. doc 1:, December 16, 2003 - Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and appropriating $20,000 from the Downtown Management District into the Park CIP Fund No. 3280; and appropriating $20,000 from the Metropolitan Planning Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY 2002-2003 adopted by Ordinance No. 025144 by increasing appropriations by $60,000; and declaring an emergency. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.4 with Thompson Ventulett and Stainback and Associates, Inc. for planning services associated with development of a Bayfront Master Plan. July 20,2004 - Public Hearing to consider amending the Comprehensive Plan of the City of Corpus Christi by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. July 20. 2005 - Ordinance amending the Comprehensive Plan of the City of Corpus Christi ("the City") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan; providing for severance; providing for publication. July 27, 2004 - Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as an arterial street with four to six travel lanes between Buford Street and the Bayfront Convention Center July 27.2004 - Second Reading - Ordinance amending the Comprehensive Plan of the City of Corpus Christi ("the City") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. November 2,2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 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). March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). AUQust 23, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $804,515 for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005-264). f 8 9 10. 11. 12. 13. 14. 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). EXHIBIT "A" Page 3 of 4 .., .HOMEIKEVINSIGENIBayfronIMaslerPlanIPhase1\AEAmd1 Bkg. doc FUTURE COUNCIL ACTION: Amendment of the Architectural contract to authorize the fee for: detailed design services (35% through 100%); bid phase services; and construction phase services. Approval of a contract for materials inspection and laboratory testing services. Approval of a construction contract to complete the project as required. FINAL PRODUCT: Design, Bid and Construction services will result in improvements to Shoreline Boulevard from one block north of 1-37 to Resaca Street. EXHIBIT "A" Page 4 of 4 ~. ,HOMEIKEVINSIGENIBayfronIMaslerPlanIPhas.1 IAEAmd1 Bkg.doc CONTRACT SUMMARY AMENDMENT No.1 Exhibit A Section C Summary of Fees is amended to authorize an additional service fee for all boundary and topographic surveys required to complete the authorized services and is amended to read: C. Summary of Fees Fee for Basic Services ! Original Amendment Contract No.1 11. Design Phase Stage I $529,294 0 2. Design Phase Stage II TBD TBD 3. Bid Phase TBD TBD 4. Construction Phase TBD TBD Subtotal Basic Services Fees $529,294 0 Fee for Additional Services (Allowance) 11. Permit Preparation (as applicable) Railroads I TXDOT Wetlands Delineation and Permit I Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting $22,575 0 2. & 3. Boundary & Topographic Survey TBD $65,160 (AUTHORIZED) 4. Environmental Issues TSD TSD 5. Construction Observation Services TBD TBD 6. Start-up Services TBD TBD 7. Warranty Phase TBD TBD 8. Provide SCADA Documentation TBD TBD 9. Tasks 6-11 from Exhibit A-1 $252,646 0 Sub-Total Additional Services Fees Authorized $275,221 $65,160 Amendment No.1 Total Fees Authorized 0 $65,160 Total Authorized Fee $804,515 $869,715 H:\HOME\KEVI NS\GEN\BayfrontMasterPlan\Phase1 \AEAmd 1 Sum. doc Exhibit B Page 1 of 1 I ,H(!' Mp'~'Jed ,)un,~'it'>h\e>I'62 I,dwli \ ~ N / ::"~'~ J/::-~~~l ;/ ',,,,-- ~~,~ /' ~ V ROAD.~~-~ ~~~ ~ , C~o~ _~ " I H 37 Z=J .~cJ ~I ~I ~,~ llEAA I PROJECT LOCA TION CORPUS CHRISTI BA Y ~<v s~ o~ <:o~ F.M, 43 LoeA T/ON MAP PROJECT NO. 6279 NOT TO SCALE EXHIBIT "C" SA YFRONT DEVELOPMENT PLAN PHASE 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-21-2006 ~ -- - - - - -- --- 7 AGENDA MEMORANDUM DATE: February 21, 2006 SUBJECT: ADA CO-ED Fire Stations Improvements. (Bond Issue 2004) Amendment No.1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the contract for professional services with Morgan Spear Associates, Inc. of Corpus Christi, Texas, in the amount of $28,232 for a total re-stated fee of $44,072 for the ADA CO-ED Fire Stations Improvements. (Bond Issue 2004) ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition NO.1 Street Improvements. This AlE contract amendment is required to provide final design, bid and construction phase services and requires the approval of City Council before work may begin. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ( 'R~~ Richard H oks, Acting Director Of Fire ~~ 2 ~S-;~ I R. Escobar, P.E., irector of Engineering Services ~dttional Support Ma"rial: Exhibit "A" Background Information Exhibit liB" Contract Summary Exhibit "C" Location Map H:\HOME\l YNDASlGENlFire Deot12004 Bond Issuel5170 . ADA Fire StalionslAmendment No. l\AaendalMemorandum.doc BACKGROUND INFORMATION SUBJECT: ADA CO-ED Fire Stations Improvements. BOND ISSUE 2004 PROJECT PROJECT DESCRIPTION This amendment is for Stage Two Design Services to complete design for ADA and CO-ED improvements to Fire Stations #1, 2, 5, 6, 7, 12, 14, and 15 according to the findings of the Engineering Report prepared by Morgan Spear Associates, Inc. The Project will upgrade eight (8) Fire Stations to ADA compliance retrofitting co-ed improvements such as arranging separate private sleeping cubicles and toilet facilities for males and females; correct faulty ventilation problems and other minor improvements within available funding. On September 20, 2005, the City Council approved a Job Order Contract (JOC) for Fire Station #13. This method of construction is proving beneficial to the City in terms of maximizing the available construction funds provided underthe 2004 Bond Election and providing effective cost control measures over the project. As a result, the rest of the stations will be constructed using this method, PROJECT BACKGROUND Under the 2000 Bond Issue, improvements were made to five fire stations to bring them up to ADA compliance and retrofitting co-ed improvements such as arranging separate private sleeping cubicles and toilet facilities for males and females. Faulty ventilation problems were corrected where they existed and accessible parking and access route to the building was improved. This project will provide for similar improvements to stations not covered in the 2000 Bond Issue. Fire Stations to be improved include: BOND 2004 (To Be Completed) Station #1 Station #2 Station #5 Station #6 Station #7 Station #12 Station #13 (designed under Bond 2000) Station # 14, and Station #15. BOND 2000 (Completed) Station #3 Station #8 Station #9 Station #10 Station #11 Unlike Bond Issue 2000, a different type of construction method, a Job Order Contract (JOG) through the Texas Cooperative Purchasing Network (TCPN) was employed for Station #13. Under Texas Local Government Code 271.120, "A governmental entity may award Job Order Contracts for the minor construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of pre-described and pre-priced tasks." EXHIBIT "A" Pa e 1 of 3 " HOME\L YNDASICENIFlfe Dept\2004 Bond Issoe\5170 ' ADA f Ire StatlonslAmendment NO.1 IAgendalAGENDA BACKGROUND,doc Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: 1. Allows a better defined scope with cost for the customer. 2. Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. 3. Each delivery order is a stand alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. 4. Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. The Texas Cooperative Purchasing Network (TCPN) advertised and competitively awarded the Corpus Christi areas to Centennial Contractors, Inc. of San Antonio, Texas. The award was based on contractors offering the best discount factor to published construction unit price books (RS Mean's). RS Mean's provides detailed costs for construction materials, labor and equipment with a local area cost factor throughout the Country. Centennial Contractors was the successful contractor for the Corpus Christi Area with a discount factor, "coefficient" that basically equates to 75% of the published RS Means cost. As a result, Centennial Contractors was asked to review and provide a proposal for Fire Station #13 which was designed under Bond Issue 2000 and included in Bond Issue 2004 for construction. This proposal was for analysis purposes only. Based on the analysis, it was determined this contract method and pricing is competitive with the bids received in 2002. Subsequently, Centennial Contractors submitted a formal proposal for Fire Station #13 and, City Council approved the contract on September 20,2005 for construction improvements to Fire Station #13. An AlE contract amendment with Morgan Spears, Architects, is now necessary to complete the remaining stations. FINAL PRODUCT: Design and Construction services will result in ADA and Co-ed improvements to the remaining fire stations not covered in the 2000 Bond Election. BOND ISSUE 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. EXHIBIT "A" Pa e 2 of 3 H\HOME\L YNOASIGENIFire Dept12004 Bond Issue\5170 - ADA Fire StationslAmendment No. llAgendalAGENDA BACKGROUND.doc PRIOR COUNCIL ACTION: 1 November 2. 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 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). March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). September 20. 2005 - A resolution of the City Council of the City of Corpus Christi, Corpus Christi, Texas, approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service Center, which sponsors the Texas Cooperative Purchasing network (TCPN), providing for a Cooperative Purchasing Program for goods and services; designating the City Manager, or his designee, as official representative of the City of Corpus Christi relating to the program. September 20. 2005 - Motion authorizing the City Manager, or his designee, to execute a Construction Contract with Centennial Construction, Inc. in the amount of $75,048 for the ADA Co-Ed Fire Station #13. 2 ~'< "..l 4 5 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). 4, September 16. 2005 - Administrative approval of a small architectural/engineering contract with Morgan Speer & Associates in the amount of $15,840 for the ADA / Co-ed Fire Station Improvements for preliminary design. FUTURE COUNCIL ACTION: Approval of JOC construction contract to complete the stations as required. EXHIBIT "A" Pa e 3 of 3 HHOME\l YNDASIGENIFire Dept12004 Bond Issue'Sl70 . ADA Fire StationslAmendment No, llAgendalAGENDA BACKGROUND,doc CITY OF CORPUS CHRISTI AMENDMENT NO 1 CONTRACT SUMMARY The City of Corpus Christi, Texas hereinafter called "City", and Moraan Spear Associates, Inc. hereinafter called "Architect", agree to the following amendment to the Contract for Professional Services for ADA CO-ED Fire Stations Improvements as authorized by: !9rigin~Contract [gftober 3,2005 I Administrative Approval I $15,840 I Section 1. SCOPE OF SERVICES, Paragraph A., BASIC SERVICES, shall be modified by adding the additional paragraphs shown below: This amendment proposes ADA and CO-ED improvements to Fire Stations #1, 2, 5, 6, 7, 12, 14, and 15 according to the findings of the Engineering Letter Report prepared by Morgan Spear Associates, Inc. The Project will upgrade eight (8) Fire Stations to ADA compliance retrofitting co-ed improvements including arranging separate private sleeping cubicles and toilet facilities for males and females; correct faulty ventilation problems and other minor improvements within available funding. 2. SCHEDULE A. PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday March 15, 2006 Begin Schematic Phase Wednesday March 27, 2006 Begin Design Phase Wednesday May 31,2006 Interim Submittal Wednesday June 17, 2006 City Review Wednesday July 20, 2006 Pre-Final Submittal Wednesday August 10, 2006 City Review Wednesday September 30,2006 Final Submittal Weekday October 2006 Begin Construction Weekday April 2007 Construction Completion Exhibit B Page 1 of 2 3. FEES A. Fee for Basic Services. The City will pay the Architect a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section LA.1-4 above, and for all expenses incurred in performing these services. For services provided in Section 1.A.1-4, Architect will submit monthly statements for basic services rendered. In Section LA.1-3, the statement will be based upon Architect's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section LA.4, the statement will be based upon the percent of completion of the construction contract. The City will make prompt monthly payments in response to Architect's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section LB. "Additional Services" the City will pay the Architect a not-to-exceed fee as per the table below: C. Summary of Fees Original Contract $15,840.00 Fee for Basic Services 1. Schematic - 20% $2,404.00 2. Design Phase - 40% $4,808.00 3. Bid Phase - 20% $2,404.00 4. Construction Phase - 20% $2,404.00 Subtotal Basic Services Fees $12,020.00 Fee for Additional Services (Allowance) 1 Permitting Texas Department of License and Regulation $6,912.00 2. Topographic Survey TBD 3. Environmental Issues TBD 4. Construction Observation Services $7,500.00 5. Warranty Phase $1,800.00 Sub-Total Additional Services Fees Authorized $16,212.00 Total Authorized Fee (This amendment) $28,232.00 RESTATED AUTHORIZED FEE $44,072.00 - Exhibit B Page 2 of 2 ~ N ~.- - .--.-.-.- FIRl 'iTATION No 212' RAND MORGAN -.. ._-~--_._-_._._--- 'IRE sTA'lmJ 134)1 '.r f\I\[F: !~D Son Po trlclo County -..... l!FIRCSTATiO~J NO--~ 514 BELDEN ST CORPUS CHRISTI BAY i NueCFS FIRE STATION No. 7 3722 S. STAPLES I FIFl STATIO'J OTc 1 ,,713 WEBER PO fr- ~ ,. ~ GULF OF MEXICO LOCATION MAP NOT TO SCALE CITY PROJECT No. 5170 EXHIBIT IICn ADA CO-ED FIRE STATION IMPROVEMENTS (Bond Issue 2004) design CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS OEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 ~ -- - - - - DATE: 09-16-2005 ~~ 8 AGENDA MEMORANDUM DATE: February 21,2006 SUBJECT: Golf Course Improvements (Bond Issue 2004) Amendment No.1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract For Professional Services with Finger Dye Spann in the amount of $184,170 for a total restated fee of $247,905 for Golf Course Improvements (BOND ISSUE 2004) ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition NO.4 Park & Recreation Improvements. An amendment is required to complete design, bid and construction phase services and requires the approval of City Council before work may begin. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital I mprovement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. r ~~ gel R. Escobar, P.E., irector of Engineering Services \t1? ally Gavlik, Director of .....\. Parks and Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "B" Minutes of December 14, 2005 meeting Exhibit "C" Contract Summary Exhibit "D" Location Map H:\HOMElL YNDASIGENlGolf Courses\3274 -Golf Course Irm. BI2004\Amendmenl No. 1\AaendaIMemorandum.doc BACKGROUND INFORMATION SUBJECT: Golf Course Improvements Project (Project No. 3274) BOND ISSUE 2004 PROJECT AMENDMENT NO.1 PROJECT DESCRIPTION: This amendment is completing design for Gabe Lozano Golf Center only. Oso Beach Golf course will begin final design after the Meadowbrook Subdivision Drainage Improvement project is complete, which is anticipated to be complete by Summer 2006. The ongoing drainage improvements for the Oso Lake significantly impact the proposed National Golf Foundation (NGF) Master Plan for 080 Beach Golf Course. This design amendment will provide for improvements to Gabe Lozano Golf Course, but does not include improvements to the Executive "Nine" Course. Proposed improvements include: · resurfacing of greens, · adding bunkers, · select lake and shoreline improvements, · select fairway and golf cart path improvements, · golf tee leveling and select relocations, and · landscaping, irrigation and parking lot improvements. The original project scope for the Bond Issue 2004 Golf Improvements project provided for improvements to follow the recommendations of the National Golf Foundation (NGF) Study. During preliminary design it was determined that modification of certain elements would provide for a more comprehensive approach to completing a successful project. These proposed changes will allow every green to be reconstructed instead of only the greens recommended by the NGF Study. Additionally, these changes will provide for increased safety and enhanced play experience for the users of the golf course. This approach will also allow the City to economize on cost and long-term maintenance improvements as well. All proposed improvements were presented to and approved by the Park & Recreation Advisory Committee and the Green's Committee on December 14, 2005. Minutes of the Advisory Committee meeting are attached as Exhibit B. SPECIFIC CONTRACT TASKS: · Upon approval of City Council, proceed with final design and preparation of plans, specifications and construction bid documents for Gabe Lozano Golf course · Perform necessary design field work including observation, measurement, and discussion with golf course personnel EXHIBIT "A" Pa e 1 of 2 , HOMEIl YNDAS\GEN\Golf Courses\3274 . Golf (OUfSe Imp. 81 2004IAmendrnenl No. 1IAgendalAGENDA BACKGROUND doc . Additional Services Set Elevation Benchmarks for Contractor's Use Additional Topographic Surveys Aerial Photo with digital mapping and ground control surveys Lake Bottoms Parking Lot Attend One Public Meeting Construction Observation Warranty Phase CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit C. 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. 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). FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as required. EXHIBIT "A" Pa e 2 of 2 '1 \HOME\L YNDASIGENlGolf Coursesl3274 Goli Course Imp - BI2004IAmendmenl No llAgendalAGENDA BACKGROUND.doc PARKS AND RECREATION ADVISORY COMMITTEE, Regular Meeting December 14, 2005, 5:00 p.m. Boater's Facility, Lawrence Street T -Head 400A North Shoreline Blvd, Corpus Christi, TX 78401 Members Present Member Absent Staff Present Sandy Billish Teresa Carrillo Davie Cissna Dorrinda Garza Rome Gregorio Gregory Perkes Jaime Pyle Carl Suding Hunter Young Mari Whitworth Buddy Sparks Sally Gavlik K Chute Peter Davidson Billy Delgado Art Sosa Chris Semtner Nilesh Patel J.D. Batten Bruce Haddad I. CALL TO ORDER OF THE PARKS & RECREATION ADVISORY COMMITTEE Chair, Sandy Billish called the meeting to order at 5:03 p.m. II. ROLL CALL OF MEMBERS The recording secretary called roll and announced that a quorum was present. III. ADOPTION OF MINUTES: Regular Meeting, November 9,2005 Sandy Billish noted two duplicate sentences from the October 12, 2005 minutes in section IV, Hear From the Public The sentences regarding Anne Baker's service will be deleted. Carl Suding made a motion to accept the minutes with correction Greg Perkes seconded. Motion passed. IV. Hear from the Public: .. none V. BUSINESS A. PRESENTATIONS, DISCUSSION AND POSSIBLE ACTION 1. Brighton Village Proposed Development Sandy Billish suggested the item be tabled. The members agreed. 2. Old Bayview Cemetery Fence and Curfew Issues Sally Gavlik reported the new curfew will be from 7 am - 7 pm by Director's Order to discourage vandalism of the cemetery. Greg Perkes offered funding suggestions to be investigated. 3. Renaming of Southside Park Danny Noyola spoke on behalf of the CC Barrios Association requesting to rename Southside Park to the Mike Zepeda Park. Mr. Noyola presented information supporting Mr. Zepeda's leadership in the community as a civil rights leader. Dorrinda Garza made a motion that the committee support the renaming of Southside Park by the CC Barrios Association to Mike Zepeda Park and recommend to the Council, barring any problem (in the staff due diligence). Greg Perkes seconded. Sally Gavlik described the park renaming process as follows. Staff will research the historical information regarding the current park name. Notices will be provided to the neighborhood informing them of this request. Notices will be distributed after the first of the year because of the upcoming holidays. This work will be completed during the 60 day waiting period as prescribed by the committee's standing policy. Ms. Gavlik will then report findings and status to the committee and notify Mr. Noyola and the CC Barrios Association. Ms. Gavlik will also inform those parties of the date the item will be heard by City Council. Ms. Billish stated she Exhibit "B" Page 1 of4 will attend the Council meeting to speak in support of the renaming on behalf of the committee. Sandy Billish called for the vote. Motion passed without opposition. Teresa Carrillo stated she felt it was an honor to participate in the approval of this project. Congratulations were expressed to all attending members of the CC Barrios Association. Danny Noyola and Sylvia Samaniego expressed appreciation to the committee. 4. Proposed Eagle Scout project Andrew Garza, Eagle Scout Candidate, is a Moody High School student who has participated in City leagues and activities. Mr. Garza gave a presentation proposing to install shade structures over the two viewing bleacher sections of Dick Runyon Field at Price Park. Mr. Garza provided information of support from local professionals for engineering and inspection services. Dorrinda Garza moved to recommend approval of Andrew Garza's project to provide shade structures at Dick Runyon Field. Mari Whitworth seconded. Motion passed without opposition. The committee expressed congratulation to Mr. Garza and his father. 5. Final Report of Eagle Scout project, Victoria Park Improvements Brian Smith gave a PowerPoint Presentation depicting the placement of bollards along the 2800 block of Oso Parkway. The project was completed on November 19, 2005 with the help and coordinated efforts of his family, troop members, community sponsors, and city staff. The committee expressed their congratulations. Sandy Billish requested Mr. Smith give his presentation to the City Council. Mr. Smith agreed. Staff will coordinate the agenda item. As the Green's Committee had not arrived, Sandy Billish called for Committee Reports. VI. COMMITTEE, LIAISON 1ST AFF REPORTS PARK DEDICATION ORDINANCE REVIEW Art Sosa stated there had been no meetings as the UDC was still under review. PLANNING DEVELOPMENT SUB-COMMITTEE: Jaime Pyle reported their review of 44 plats. Their committee agreed to support the staff recommendation on the 10 eligible plats. Art Sosa stated he will provide the presentation on the Brighton Village Park plan as soon as information from other departments has been compiled. Davie Cissna asked about the Northwest Crossing Development Mr. Sosa described the support for funds instead of small park land dedications and the desire to work toward a large park in that area. Mr. Cissna requested additional information on this project regarding figures and plans. FINANCE/BUDGET SUB-COMMITTEE: Sandy Billish said there had not been a meeting. However, Chris Semtner led discussion about the general fund expenditures and revenues. The golf figures were improving and the Marina figures were in flux because of the construction projects. PROGRAM DEVELOPMENT: Dorrinda Garza said they had not met. Their committee would like to meet with staff in January to discuss program ideas. It was also noted that the SMART Program concept had been passed by Council. Sally Gavlik reported the Council had requested staff encourage all leagues to begin a program now instead of waiting until lease renewal. GREENS SUB-COMMITTEE: No report requested or given DIRECTOR: Sally Gavlik informed the committee of the NRPA Legislative Forum to promote Parks & Recreation. The meeting will be in Washington, DC from February 15-17, 2006. Members interested should contact K Chute or Sally Gavlik for additional information. Sally Gavlik reported the department's winning of the Boat Parade for Best Sail Boat and Best All Around. Greg Perkes offered his boat for use in next year's parade. Sally Gavlik also reported on the activities of Christmas Past held at Heritage Park. The event was a success and plans are being made to include those activities in next year's celebration. Teresa Carrillo noted her conversation with Pat Suter regarding the clean-out of the sanctuary area before the nesting season begins in the spring. Sally Gavlik is to coordinate with the Superintendent of Operations and contact Ms. Suter regarding the anticipated time schedule. SPECIAL PROJECTS Billy Delgado summarized the ongoing CDBG and Bond projects. He also noted the Urban Forester position has been opened for application. ARCHITECT I PARK PLANNER Art Sosa had nothing to add at this time as his information had been given at various times of discussion during the meeting. Sandy Billish suggested a short intermission for refreshments. The committee agreed and recessed at 6:03 pm. (Teresa Carrillo left at 609 pm) Sandy Billish called order at 6: 10 pm and gave the floor to Ray Falcon of the Greens Committee. VI. CALL TO ORDER OF THE GREENS COMMITTEE Vice-Chair, Ray Falcon called the meeting to order at 6:10 p.m. VII. ROLL CALL OF MEMBERS The recording secretary called roll and announced that a quorum was present. VIII. ADOPTION OF MINUTES: Regular Meeting, November 30,2005 Billy Graham made a motion to accept the minutes. Carl Vaughn seconded. Motion passed. The floor was then given to Jerry Shoemaker of the City Engineering Services Department. IX. BUSINESS A. PRESENTATIONS, DISCUSSION AND POSSIBLE ACTION 6. Feasibility Study for Gabe Lozano Golf Course Jerry Shoemaker and Baxter Spann of Finger, Dye & Spann gave a presentation of the proposed golf course renovation project for the Gabe Lozano course. This consideration in change from the master plan is necessary because of the rising cost of construction, the limited funds available and the project construction time. Staff brings support from the Planning Commission. Billy Graham made a motion to accept the proposed alternate plan by Baxter Spann. Milo Garcia seconded. Motion passed. Ray Falcon gave the floor to Sandy Billish who asked for a motion from the Parks & Recreation Advisory Committee Carl Suding made a motion to accept the alternate plan. Rome Gregorio seconded. Motion passed. Sandy Billish returned the floor to Ray Falcon who asked for further business. As there was none, the Greens Committee adjourned at 6:45 pm. Sandy Billish continued the Parks & Recreation Advisory Committee meeting by asking for Committee Concerns X. COMMITTEE CONCERNS It was announced that the City Council's Youth Advisory Committee had been installed by Council. Ronald Sepulveda will be the staff liaison. Sandy Billish asked for a member liaison. Dorrinda Garza volunteered to work with the youth committee. Carl Suding reported on the fund raising and progress of the Windborne, Ulberg Statue project. XI. REQUEST FOR INFORMATION, AGENDA ITEMS Marina Report Brighton Village Presentation IX. ADJOURNMENT Rome Gregorio made a motion to adjourn the meeting. Hunter Young seconded. The meeting was adjourned by Sandy Billish at 6:53 pm. Sally Gavlik, Director Parks and Recreation Department AMENDMENT NO.1 CONTRACT SUMMA TY The City of Corpus Christi, hereinafter called "City", and Finaer Dye Spann, Inc., hereinafter called "Architect/Engineer", agree to the following amendments to the Contract for Engineering Services for Golf Course Improvements (existina courses), Proiect No. 3274, as authorized and amended by: [~_9rigin~TCOntract ..~September27, 2005 ~}Jlotion No. M2005-342 I $63,735.00 I EXHIBIT "A", PART 1. SCOPE OF SERVICES, SECTION A. BASIC SERVICES, ITEM NO.2 DESIGN PHASE, shall be modified by the following: · Delete Part 2 (e) in its entirety for interim plan submission requirements 2. SCHEDULE shall be modified as follows: Proposed Project Schedule DAY DATE ACTIVITY Wednesday September 28, 2005 Begin Preliminary Phase Thursday November 3,2005 Interim Design Memorandum Submittal Friday November 11 , 2005 City Review Meeting Wednesday November 30,2005 Pre-final Design Memorandum Submittal Wednesday December 07,2005 City Review Meeting Tuesday December 12, 2005 Final Design Memo Submittal Wednesday February 22, 2006 Begin Design Phase I Thursday March 23, 2006 Pre-Final Submittal Tuesday March 28, 2006 City Review Meeting Tuesday April 4, 2006 Final Submittal Monday April 10 & 17, 2006 Advertise for Bids Tuesday April 18, 2006 Pre-Bid Conference Wednesday April 26, 2006 Receive Bids Monday May 2006 Begin Construction Friday December 2006 Construction Completion Contract for Summary Page 1 of 2 3. FEES shall be modified as follows: Original Contract $63,735 AMENDMENT NO.1 Fee for Basic Services 1. Preliminary Phase 0 2. Design Phase 58,375 3. Bid Phase 8,790 4. Construction Phase 34,390 Subtotal Basic Services Fees $101,555 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting 0 2. ROW Acquisition Survey TBD 3. Topographic Survey 45,295 4. Environmental Issues TaD 5. Construction Observation Services 35,820 6. Start-up Services TBD 7. Warranty Phase TBD 8. Formal Council Presentation of Prelim Design 1,500 9. Develop digital base mapping from various aerial photos, plans, maps, and other documents provided by 0 City and! or obtained by AlE 10. Direct sampling & arrange for testing of existing 0 greens rootzones Sub-Total Additional Services Fees Authorized 82,615 Total Amendment No.1 $184,170 TOTAL RESTATED FEE $247,905 Contract for Summary Page 2 of 2 \ ivlpn.')t'c! :;OUnCliexh,DlrS \exhJ2 74 dwy '1 ~ N 'z i~ I~ i~ '<x: JCk': AMENDMENT NO.1 GABELOZANO u __L AGNES CHRISTI BAY o:::l Q:: f- ...J ~ CCIA ~ w CJ PO :::J W Q:: i: w CJ -, PROJECT LOCA TION :I: f- :::J CJ o:::l CJ CJ ~ ~ Q:: <X: ...J U >,M. 43 ...rJ CD (\J :I: (/l LOCA T/ON MAP NOT TO SCALE CITY PROJECT No. 3274 EXHIBIT "D" GOLF COURSE IMPROVEMENTS (BOND ISSUE 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-15-2006 ~ -- - - - - v__~ 9 CITY COUNCIL AGENDA MEMORANDUM February 21,2006 AGENDA ITEM: Motion approving the second (2nd) amendment to the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement with Yorktown Oso Joint Venture, owner and developer, Rancho Vista Subdivision, to extend the time period a second time from February 28, 2006 to September 30, 2006 for the developer to be eligible for reimbursement due to delays in the completion of construction and to modify the terms of the agreement. ISSUE: Amending the existing Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement with YorKtown Oso Joint Venture to change the deadline for the Developer to remain eligible for reimbursement due to delays in con struction. RECOMMENDATION: Staff recommends approval of the motion as presented. .~ ~'\6'cfv, B.A. Holly, AI P Director of Development Services Attachments: Exhibit A Exhibit B Exhibit C Background Information Location Map Amendment NO.2 to Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construdion and Reimbursement h:\.. .\genlag04\sp30.m AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amendment No.2 to the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement BACKGROUND: The existing reimbursement agreement with Yorktown Oso Joint Venture was approved by Council on January 20, 2004, Ordinance No. 025626. The agreement was amended on August 17, 2004, Ordinance No. 025893 due to an increase in construction cost and extended the deadline from February 28,2005 to February 28,2006. The gravity trunk main, force trunk main, and lift station (Exhibit B) are under construction, 50% complete, and when completed will serve the southern portion of Sewer Planning Area 30 (SPA 30). Included within SPA 30 are the following subdivisions with approved plats pending the availability of sanitary sewer service provided by this project: Brighton Park Baptist Church Manhattan Estates Greystone Legends of Diamante River Bend Ranch Royal Creek Estates Amendment NO.2 to the agreement proposes: A. To extend the time period for the Developer to remain eligible for reimbursement from February 28,2006 to September 30,2006. This time extension is required because the project experienced significant delays in construction. The amendment will extend the time period for the Developer to maintain eligibility for reimbursement, not extend the time for the construction contract. B. To state the approved appropriated reimbursement amount of $2,647,355.00 reapportioned among agreed upon cost items. C. To identify the terms of full reimbursement, which include submission of record drawings, certificate of completion, manufacturer's warranty, and specific documentation. D. To list the provisions for termination of the agreement. E. To state the warranty period of not less than one year. EXHIBIT A Page 1 of 1 '" " "-..~- ~~~~l . :. ~ Gra..vity Trunk Main .....\'/ - - I ... 1)1~ (.. :::'/". _ ~fl;;1t. ii~W'"'' < '*~IJ"~'f~ ~ . \ ")/ . 1/ .. c- I E ~ ~ . . l~'" j l~<~; "~~,,<< ~!/ 'i / Force Main ~~ .' / ~ / PROPOSED "J / lET SlA110N " ,I .. " \ I 4w . ...~ o .. \. 1; o Location Map (NTS) ~ I Exhibit B J\ Page 1 of 1 AMENDMENT NO.2 TO SANITARY SEWER TRUNK GRAVITY TRUNK MAIN, SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends Section 5 a'J Section 6 a. of and adds Section 6 e., Section 10, and Section 11 to the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement ("Agreement"). dated April 22, 2004 and amended by Amendment to Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Form Main, and Lift Station Construction and Reimbursement Agreement ("Amendment"). dated August 24, 2004, between the City of Corpus Christi ("City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas 78469-9277 and Yorktown Oso Joint Venture, ("Developer"), a Texas Joint Venture, 5733 Yorktown, #10-0, Corpus Christi, Texas 78413, the Agreement and the Amendment are incorporated herein by reference, the same as if recited herein verbatim, the terms and conditions of each shall remain in force and effect, except as amended. A. Section 5 a. of the Amendment to the Agreement is revised to read: 5 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS (a) With the concurrence of the City Engineer, the Developer shall award a Developer's Construction Contract and complete the SPA 30 Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, in accordance with the approved plans and specifications, by September 30,2006. B. Section 6 a. of the Amendment to the Agreement is revised to read: 6 REIMBURSEMENT a. The total reimbursement shall be $2,647,355.00. The reimbursement was appropriated by Ordinance No. 025626 ($2,108,755.00 and Ordinance No. 025898 ($538,600.00).) See Exhibit 1 C. Section 6 of the Amendment to the Agreement is revised to add paragraph e which reads as follows: 6. REIMBURSEMENT e Full reimbursement will not be processed until record drawings, certificate of completion, manufacturer's warranty, and specific documentation are provided to the Cny, for review and acceptance by Cny. II Exh;bit c II Page 1 of 4 02/15/06 D. The Amendment to the Agreement is revised by adding Section 10 which reads as follows: 10. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perfonn such obligation or duty, and should Developer fail to perfonn the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such perfonnance to Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such perfonnance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. E. The Amendment to the Agreement is revised by adding Section 11 which reads as follows: 11. Developer shall fully warranty the workmanship of and function of the sanitary sewer gravity trunk main, sanitary sewer trunk force main, and lift station and the construction thereof for a period of no less than one year from and after the date of acceptance by the City Engineer Page 2 of 4 02/15/06 EXECUTED IN TRIPLICATE originals, this DEVELOPE:W~SO YOm Joint Venture ~"~/ / /. 1/... _./.- By "A~~~~~~ Jo;nI;2:re" /" /"J day of ~), h (\.It ~ -; 2006. THE STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on the /5 day of .'}l b ; 2006, by-PCJ..A..-} P:> r A S,i......I-h" '- , Yorktown Oso Joint Venture, a joint venture, on behalf of the joint venture. leA' .4-JLLv Notary Public, State of Texas 6!& ~ VICKI ADAIR ...., PabIo... at T_ Ur CaftlrnIullft __ .18-2010 Page 3 of 4 ATTEST: CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: Armando Chapa City Secretary By: George K. Noe City Manager APPROVED AS TO FORM: This day of . 2006. ~A~l&.. a W. Smith, Assistant City Attorney For the City Attorney THE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 This instrument was acknowledged before me on the day of .2006, by George K. Nee, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation Notary Public, State of Texas Page 4 of 4 ql ~I ~g 8 8~ 'l~J g g g g ~o~gf-'gog ': = t:: .a (0 10 0 CG 0 "" o NO 1'01 0 10 ~ N <') 0 ~!:;; l5i "I ~ ~i ~ tUi~a= .... N I;;; : in a- ~ ~ N 1&1 ... i ,,5 I?l ~8 0 88~8 g;~~g; I"'! 0 Zi e og .0 ggR~ 8 ~~ ~ 0 "I ;:I 0 ON....~ "I co It:~ l.) 0::: r'- &f ;; ..- ..... C'? Ice ~ &f~ u :)0 5:0:: .. 1&1 l- I !5 c 0 ~ 0 0 :) - ; f,- >f:; ~ ~ N ..; - 1-... Zn :)~ Ilel laic .. f~ ~i l:C l:.:l ~ r-< l:.:l ~ Q ;;.J l:C Q l:.:l Vl > ~ ~ ~ ~ - 0 ! ~II~ s <II) o ~ l") ~ ~ Vl Q ~ i: A. ~~ A. .. 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I-/nlo! <~ ~in~!~~.fI~~8a.. !t~ E ~~~~~~~~~ci~N~~~~~ ~ ~~~~~rj~ ~~ o . g tll o 008 0~8 .0 ;!sid~ddod ~ 8~~~~~ 8 Iii ~~""O>~~ tll ~ i~~~ .'2'" g::> o .. .e I~~ ~~ ~ ~~~~~~~~ ~~ .....M ~ ~~~_.................... clii 8 ..- '0 o 0 o 0 ~ ~ ~ 0 .., "" .... ,:0;; :; ,-' o o d o gggg . Iii g ~: :~~~ <').0>0 :;;tII;j;; ... o o d o o tll ~ Iii o o z o 1= o ;:) I- S! 07 W l!:Z ~.E"E .. llllf ~ I j 18 t!~ ~ ~ m ~ 00: s;<a::s;< _q~< c Oil: ~ 4I!~ i~i (/):ii;" i ~~ ~ I- w ::> ~::> ~!.;:: ~ Ii ~ UI I- Z 0 ~ ~ B ~ 5 < I~ · 11 ~ I ~ ~ ~ t; ii"~ ~ic.tlc.!!~t~~81'i8'" ~ > ~ W~~~a~"511!i<(/)E!5f~< g 6 i ~ =1lI~~~~~= 1~~!1~~I~t4l!F-~2~ i Z .g B ~ - ~ w (/) w < .!j!.!l8 Shi E l5 ~ ~ ~ j! ~I ~!a..~~ oj:i.:i 0"; ci.,.;!~~~ ~_~ 8 ~ ~N ri .~G~~ II Exhibit 1 II ,. CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME Yorktown Oso Joint Venture STREET: 5337 Yorktown #10-0 CITY:~~ ~,~ n lJ4(3 ZIP: FIRM is: 1. Corporation __ 2 Partnership 5. Other x 3. Sole Owner 4. Association _ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named ''firm''. Name Job Title and City Department (if known) ;V;/ A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title MIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named ''firm''. Name Board, Commission or Committee FIlf1>9 b~~91,;Tt\~ Pt.,~ f 2GIV';" Q,~~/O~ 4. State the names of each employee or officer of.a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name / NiA. , Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. /J Certifying Person: B Iht.r- BM-.s~-z..-ro,v Title: MIfrV-,ft;/~ r /l72-rN(;})( (Type or Print) ~-;?_ :r- /1 Signature of Certifying Person: _ 1&:::~,(/7 t::- Date: Lit ~/D t. . 10 AGENDA MEMORANDUM February 21, 2006 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with King's Crossing Realty, L TD, (Developer), in the amount of $22,000.000 for the installation of paving and storm sewer public improvements to serve King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2 Subdivision, located south of Lens Drive and west of Cimarron Boulevard, in accordance with the Platting Ordinance section V-Required Improvements, Subsection A.3 (b). ISSUE: Mr. Murray Hudson, with Urban Engineering on behalf of King's Crossing Realty, L TD, developer of King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2, submitted deferment agreement documentation to defer the construction of street paving and storm sewer public improvements to serve said subdivision in accordance with the Platting Ordinance, Section V-Required Improvements, Subsection A. 3. (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with King's Crossing Realty, L TD, (Developer). CONDITION: Developer must deposit a letter of credit or equally liquid negotiable security with the City of Corpus Christi in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. lopment Services Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Deferred Improvements Exhibit D Cost Estimates Exhibit E Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2, located south of Lens Drive and west of Brookhaven Drive required the construction of street pavement and storm sewer public Improvements. Mr. Murray Hudson, with Urban Engineering on behalf of King's Crossing Realty, L TD, owner and developer of King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2 Subdivision submitted deferment agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance. The Planning Commission on its September 28, 2005 meeting approved the plat for King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lots 1 and 2 Subdivision. On February 8, 2006 Planning Commission recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements to expedite the recordation of the plat. A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and King's Crossing Realty L TD, will allow the developer to defer the construction of required improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved by the City Council. The deferment of said improvements will allow the Developer to expedite the recording of the plat and obtain Building Permits. The developer has agreed to deposit $22,000.00 in the form of a cashier's check, which is 110% of the estimated cost of constructing the required improvements (Exhibit C), in compliance with the Platting Ordinance. Construction plans for the installation of the public improvements will be reviewed and approved by the City prior the execution of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A ;:.)~: iA") SHEET TITLE: PUBLIC IMPROVEMENT DEFERMENT EXHIBIT LOCATION MAP ,'iV', J l1i iJi r v tl .' ,} L., '-' f\ w z -- <- Z LLI c' J <J - ~ l~1 ___~m~ -~- -l---_-::-~~__==---- ~----~ I ~ --- --:----i:-____==::_ ! Iii. r .;::- I !; I' <l " I ' ~J__--.~ __~ !,~ I i !<l -- I <X I: !I ~J"i !:: i MI'\Jf<I~1 i i 1 l>! , i !~! ,-~ I ~oDld~1 UNIT 21 ,'- Y /// ~ '" ". ----------- // // // ~~ ~~ ~~ W'~~ KNG'S ~ .21 CORPUS CHRISTI, TEXAS -----~- EXHIBIT B DATE: 1-19-06 JOB NO. 20354.A5.01 NG /' / ;/; / (/ JSING ~IT // / / / / / ~> I,' " .--- ...---- ~ ~!B ff~ V) .,~ /..{ . \, ! ',' ~/ / \\ ~ V -:~. ,/ .-,c .-- " ~f>..~~'Nf>..'< oSO .-------- ) PRNATE STRttT 8- RCP //----- UNE '0'/ / SItJG JIT SHEET TITLE: PUBLIC IMPROVEMENT DEFERMENT EXHIBIT 5' SLOT INLET 0+20 SHADED AREA IS THE SIDEwALK AND PAVING PUBU.c ~MPROVEMENTS ~_ SEE APPBOVID mNS FOR DETAILS ~I~- HOUSING UNI1 HOUSING UNIT HOUSING UNIT KNG'S ~ :121 EXHIBIT C CORPUS CHRiSTL TEXAS PUBUC IMPROVEMENT DEFERMENT TABULATION PROJECT: KINGS CROSSING UNIT 21 -- iPUBUC IMPROVEMENTS _ -J____ -.---.- _--.--- ----.-.- I ~ -:~~~~~_fg~.A5 01 I t- - t - I- I- _. _.__ _ m-D~jj~~~~_____:____ .tg~~"-~tytgrlittOr1lt Price ~'LAVING IMPROVEMENTS IA~p_ha!9___~___i_ .~.~i~=~~~~'1~i r .~t:~~t -- ::~~~~~=:1~ ~~-t:- -=_~~V.ING_SUs"- TO~L-- t------::-l- i---- --- +- Total Price $400 $1000 .- .. .~. - - --- --- --- -- - $1300 $11.00 $550 $1,18400 - ~---- -------- --. ~,960.00 -$.~,~QQ _!~~9?~:2D _ $3,278.00 $13,34900 B rSTORM SEWER IMPROVEMENTS 1 :18" RCP ----"T-- 20 LF-r---- $25.50.--------$510.00 ~~i~~~~I~~~~~ctio!1:------! :... -:--~ J~T--~$.1,?:~-~------- . i1.:~~ ~ 4!ConvElrt Exist. Slot Ir"et~ -- ~, EAE--A.-t.... -~~$~67S7-00-....0()()0-.- .$1$,650770..0000- S:TIe to Exist. Inlet ' . -..--+---- ----..--+---- _m~?.1:qR~-~E~~~LJ~--TQ"T-~L --- t--- +- H_~l?~~~ - _. ~o'- AL C';"':;"""noNCoST ~ :-- t=~- _ $11.873.00 -iENGINEERlNG 7.5% --i- +----t- -- --------$1,340.48 _~~:~~~~~~1~~-~~+_'_~-~._4~J~~:=___I~__L - n_'-n_-n~_~~~~2 _LlOlj\.h CONSTRU~T101'! AND ENGI_N~RI~_____~O.OOO-=-OO _ - !!9!AL DEFE~~Et-J!_@_11()o/~...-.'-----_J::-l: -____~~-:--:-!~~,_()()_():().o Page 1 EXHIBIT D DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, a Texas home rule municipality, 1201 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "City") and King's Crossing Realty, L TD, a Texas limited partnership, 101 N. Shoreline, Suite 600, Corpus Christi, Texas 78401, (hereinafter "Developer"). WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat to develop a tract of land "King's Crossing Unit 1, The Village at King's Crossing, Block 1, Lots 1 and 2" (herein called "Development"); WHEREAS, the plat of King's Crossing Unit 1, The Village at King's Crossing, Block 1, Lots 1 and 2, (Exhibit 1), approved by the Planning Commission on September 28, 2005 provides for the construction street pavement and storm sewer public improvements; WHEREAS, the Platting Ordinance, Section III, Paragraph H, Subparagraph 5, requires Developer to construct seventy-five percent (75%) of the required on-site, public improvements, including construction of street pavement and storm sewer, Exhibit 2, prior to the time that the above said plat of the Development is filed for record; WHEREAS, Developer agrees to construct on-site infrastructure and related site improvements in accordance with the City approved construction plans and specifications; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the improvements required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit the sum of Twenty-two Thousand and 00/100 Dollars ($22,000.00), which is 110% of the estimated cost of constructing the deferred improvements, as shown on the costs estimate, which is attached hereto and incorporated herein as Exhibit 3, with the CITY OF CORPUS CHRISTI; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A, Subparagraph 3.(b) of the Platting Ordinance. Defennent Agreement.doc EXHIBIT E NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to waive the requirement that required improvements be seventy-five percent (75%) complete before the final plat is endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the required improvements, including construction of the of street pavement and storm sewer, as shown in Exhibit 2, (hereinafter "deferred improvements"), for up to one (1) year from the date this Deferment Agreement is approved. 2 The Developer shall deposit Twenty-two Thousand and 00/100 Dollars ($22,000.00) check with the City of Corpus Christi on or before the beginning of the City Council meeting to be held on February 14, 2006, which is 110% of the estimated cost of constructing the deferredJmprovements, as shown in Exhibit 3, which is attached to and incorporated into this agreement. Failure of Developer to deposit said check as set forth herein shall make this Agreement null and void. 4. City shall deposit said Twenty-two Thousand and 00/100 Dollars ($22,000.00) Exhibit 4, 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 deferred improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 5 The Developer agrees to construct the deferred improvements, including construction of deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 6. Upon completion of the deferred improvements by February 14, 2007, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Kina's Crossing Realty. L TO 101 N. Shoreline. Suite 600. Corpus Christi, Texas 78401 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. 7. If the deferred improvements have not been completed by February 14, 2007, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 9 below, Deferment Agreement.doc the City will withdraw and transfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If the City constructs all or any part of the deferred improvements, the Developer agrees to reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete the deferred improvements, within thirty (30) days after City completes the deferred improvements and bills the Developer. 8. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the deferred improvements the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 9. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. 10. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 11. The Developer covenants to construct the deferred improvements, and that such covenant shall be a covenant running with the land. 12. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 13. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 14. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by Deferment Agreement.doc certified mail, and if given personally, by fax or by 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 accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 15. This Agreement shall be construed under and in accordance with the laws of the State of Texas. All obligations of the parties created hereunder are performable in Nueces County, Texas. Any and_all lawsuits pursuant hereto shall be brought in Nueces County, Texas. 16. The 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 hereto as Exhibit 5. 17. 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 the 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. EXECUTED in triplicate this ~ day of . , 2006. John Wallace, Vice President King's Crossing Realty, L TD ("Developer") 101 N. Shoreline, Suite 600 Corpus Christi, Texas 78401 PHONE NUMBERS ~t;.~ ~~..".. : l i .. GUII.LERMQ M. MEOINA MY COMMISSION EXPIRES MaIdIe, 2009 By: STATE OF TEXAS S S COUNTY OF NUECES S This instruJ':',:nh~as aW'o't'!edl~d before me on the ~day of , 2006, by ~ ~ ' in the capacity herein stated and as the ct and deed of said entity. Deferment Agreement.doc NOTARY PUBLIC, STATE OF TEXAS CITY OF CORPUS CHRISTI C'Cily") 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 THE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 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 APPROVED AS TO FORM: This By: Gf~i:h~ Assistant City Attorney For the City Attorney day of ,2006. Deferment Agreement.doc ~ ~ "- ~ rev ~~~~~--~ ~'~:E ~ " =:~ .......~l &"?ll"<;~~" ('\~ 'J C:~QQ.~ ~ V ' . a <Ii ~ '0 -" ...... 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Vi ~l v ""5 ~ Q: .~ ~ ... ........ 0 () 12 f<. g-~- -- ~ ~.I~ ~c;s~IGQ~~ t:: ...... ."" ."," Ii ~ ~ ~ ~Il '6:1~~~:~ . h S ~ :. ~ .~ ~ ~ & ~13g,~~~o". ~.2~-8~4~ <.c:il..J"..3~~~~ ~ ~ ~ ~8;"~ ~~~~ii ~~;II Z~t, <( Ii: ~i wh ffiw" Zh 0::: '^,' vn --., Z t> Ii n'l .r-: i <~ -..... ":.' ~ ~~= ~I I Exhibit '1 II Page 2 of 2 Nr: /~ '---" / " ''-, // " '" / / / " " , I JSlhlG ') ~IT ' \ / / / ,- --- ,.-- k: ~!B iE~ ' Q V:l .' ': I -~ _.......--- "~/ / /'" // ~ -- ---:=::::::::=: ~<::=:::::::./ -.,;;- ~.- -- - ,~< ,:<>' ?~~~"..,< - - /" r:~r:)O --' --:.;;.;.;~~-: ---- ~ \ \ 8- RC~ / UNE 'Dj / ~ ) , PRIVATE STREff SHEET TITLE: PUBLIC IMPROVEMENT DEFERMENT EXHIBIT SING JlT J " 5' SLOT INLET 0+20 SHADED ARfA IS THE SIDEwALK AND PAVING PUBU,C -iMPROVEMENTS -~SEE APPR(MD 1'CANs FOR DErAILS - -, -- '1 HOUSING UNIT HOUSING UNIT HOUSING UNIT DATE: 1 19-06 II Exhibit .211 Page 1 of 1 KNG'8 CROSSN2 #21 CORPUS CHRiSTL TEXAS .~.9(3 NO. 2035t~5.qtl,. , , 'd ,>. ' PUBUC IMPROVEMENT DEFERMENT TABULA nON P~p'~~~~ ~~O~~~~~~~-~~~T2~ fT---- -- _+-~u~=-=~=_-~~--~ T r- t __d)~~~~~~g=~~~501_ _; j -- -- +- A. TPAV'NG,;~j~~TS-(ASpl~r-~~t~ JIrllft~LJ:nit PricE Total Pnce- --1"1!rUme Stabilized Subgrade ---,--u--296 SY 1 - $400 $1,184,00 -~2F11?~:BMA~-'~:Pri~~co:a!_ _-296 uSY r $100oji:~coo 3:6.l:~mestone_~96 SYt_ $1302.__$1,848,QO --'1~-~~' ~~rp_ _ _ ~.8~J-_~~ (u $11.00.gg?~:QO SjSidewalk____ _ _ _~~~f'nL ~~~o______u ___ $3,278,00 _!PAy,r-JG SUB-TOTAL_____u __.. + _ $]~,349~qg ~ +---- ---.-' -~._._- ---~-_.._--~._.:- ! I __-+______________________ __ _--1-____ 8 iSTORM SEWER IMPROVEMENTS 1 !18~ RCP ---,----- 20 -------_.~..........--- 2iOSHA Trench Protection 20 ---~---_.~-------------~._-_..._..__.._._._-. ---j---- - --'--- --- 31S' Slot Inlet '1 4!Convert~. Slot Inlet~=_1 Sme to Exist. Inlet +---_1 iSTORM SeWER SUB-TOTAL ; .- _:__n --- ------ ----------. -i-- ; ~--- --"'--'--- --.--..---.-- .'-.- -r...._. .-- LF ___$2~SO____n___ $51.Q:.~ If'. _ __ muo _$~:?9..l... m__un ___ __~:20 EA _.-!!,~52,00:~______J1 ,550.00 EA $1 ,650~__ $1,650.00 EA $770.00' $770.00 ------- $4,524.00 "._.~- ---- - --- .--.- _+TO!~_~_C~TRUC!K>N CO~_~__ _: i ENGINEERING @ 7.5% ------ ~ _ . t~()Nn_~~NC..!~S_@.:':'_:....4:!O~_~- , I --t------.---- ____ I ______.___________ ___ ___....__ ITOT AL CONSTRUCnON AND ENGINEERING______ ~OTI\L DEFERME~~l1..1....~.... .:f..: ._- $17,873.00 $1,340.48 $786.52 - -~- ---- -------------- $20,000.00 $22,000.00 I Exhibit 31 Page 1 of 1 Page 1 234327 ~ CORPUS CHRISTO, 'EXAS 784661469 '" ""..." AmencanBank NOTICE TO CUSTOMER Texas State Law requires a 90 day waiting period belore the bank can accept a Declaration 01 Loss on a Cashier's Check without an I~ Bond. American Bank retains the right \0 requtre the remiIter or payee \0 purchase an Indemnity Bond at any time. Cashier's Check Date: 02/13/2006 Amount $22,000.00 American Bank Uptown Fee Paid $0.00 Payee: City of Corpus Christi Remitter: Kings Crossing Realty Ltd *** Twenty-Two Thousand Dollars and Zero Cents ~ CORPUS CHRISTI, TEXAS 7846lHi469 ~ 361/992-9911 AmencanBank Cashier's Check ABC 4024 (5104) 234327 Date: 02113/2006 ~~~ctIY $2~,OOO.OO PA '{wenty-Two Thousand Dollars and Zero Cents .~~~ oFity of Corpus Christi emitter: Kings Crossing Realty Ltd Void If Over:$22;octO.tO NOTICE TO CUSTOMER: Texas State Law requires a 90 day waiting period before the bank can accepI a 0edaraIi0n of I.Dss on a Cashier's Check wilhout an Indemnity Bond. American Bank reIains the right to require the remitter or payee to purchase 'lIllndemnily Bond at any time, Il" 2 1 L. 1 2 7 Il" I: ~ .. L. g 0 1 2 8 L. I: 1t".. 0 0 DOL. 0 0 b Il" E.XHIBIT 4 !~..~~-~ f~! III )tl) \~\~~ ----00-..........- CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable, answer with -NA". FIRM NAME: . ..K .1.N.G.'.5..... <;:;'~Q;?',;? .1. N.~.....U.~.\ T. .2.-.1.....,. ,..,....".,......" ......... ......... ........ ,.... ..... ..........."....... ... STREET: .".JQJ...~t..5.1:4.qge.!..I.N~............... CITY: .CQ.&PU.S....a:'H?,\~r.l..... ZIP: .7.&40.1....... FIRM is. 1. Corporation 0 2. Partnership ~ 3, Sole Owner 0 4. Association 0 5. Other 0 .,........ .................. .......................................................................................... DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 30/0 or more of the ownership In the above named "firm". Name Job Title and City Department (if known) ...........................-............,...................................................................... NONE .......................................................................................................................... 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interesf' constituting 3% or more of the ownership in the above named "firm", Name Title ................ ................................................................................................. \'-1 0 t-l E ................. ,...................................................................................................... 3. State the names of each -board member" of the City of Corpus Christi having an -ownership interest" constituting 3% or more of the ownership in the above named -firm". Name Board, Commission or Committee ................. ..................... ............................................................................ NONE. ................... ................................................................................................. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant ....... ........ ...................".......................................................................... N014E. ................... .................................................................................................... CERTIFICATE I certify that all information provided is. true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: .JOHN... Yl.l, (T on f // Signature of Certifying Person: .... ... .. .~.......... ..".. .,... Title: ..,Vt.Ce7. PR~?~.Qe.N-.I........ .......... Date: ... Q~/. r~.!O:5........... .......................... EXHIBIT 5 11 AGENDA MEMORANDUM DATE: February 21,2006 SUBJECT: Storm Water Management Advisory Committee Disestablishment AGENDA ITEM: ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DISESTABLISH THE STORM WATER MANAGEMENT ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: The Storm Water Management Advisory Committee consists of eleven (11) members appointed by the Mayor to advise the City Council on various storm water Issues, It was established on June 17, 1997, and was extended by Council on June 8, 1999 with provision to continue in operation until abolished by a future City Council. The Committee was Instrumental in helping to adopt the ordinances necessary to implement the City's Municipal Separate Storm Sewer System (MS4) permit programs. With the management program in place, the need for regular convening of the committee is not required, At this time the committee is inactive and has not met in the past year. Need for citizen input on future storm water issues can be accomplished by the appointment of ad hoc committees, such as the Technical Advisory Committee (TAG), presently working on the Storm Water Master Plan. FUNDING: N/A RECOMMENDATION: Staff recommends approval of the ordinance as presented. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DISESTABLISH THE STORM WATER MANAGEMENT ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article IV, Chapter 2, Code of Ordinances is amended by repealing Division 21, Storm Water Management Advisory Committee: Chapter 2 ADMINISTRATION * * * * * Article IV. Miscellaneous Boards, Commissions and Committees * * * * * DIVISION 21. STORM W^ TER MAN^GEMENT ADVISORY COMMITTEE Sec. 2 231. Composition, organization, and duties. (a) Composition, (1) There is a Storm '.^Jater Management Advisory Committee, whioh oonsists of eleven (11) members, representatives of the '.'arious community interests. (2) The advisory committee is appointed by the mayor with the approval of the council, for two year terms of office. Any vacancy shall be filled for the unexpired term. All committee member!:; shall !:;erve 'Nithout compensation. (b) Organization. (1) The advisory committee shall adopt its own rules of procedures. (2) At the first meeting after creation of the committee, a majority of the '.\'hole committee shall elect a chairperson and vice chairperson to serve during the first term. Thereafter, a committee chairperson and vice ohairperson shall be elected by a majority of the whole committee to serve one year terms expiring each June 30. The election of the chairperson and vice chairperson shall be held each year at the first regular meeting after appointments to fill expired terms. (3) The ad'.'isory committee shall meet not less than six (6) times per year vlith the support and cooperation of the city manager or his designees. SWMAC-Repeal 2 (c) Duties. The advisory committee sh::lIl: (1) Develop a thorough understanding of the ecology of the rocei'ling w~ters surrounding the City of Corpus Christi, the composition of the runoff and discharge, the methods for altering the composition of such runoff and discharge, and the relative costs and benefitE: of city ::md its citizens utilizing theE:e v~riouE: methods to alter the composition of the runoff and discharge, and the requirements of the Clean VVater /\ct and the city's NPDES or TPDES permit for the discharge of storm water. (2) Monitor compliance with and enforcement of the city's ourrent ordinances rel~ting to runoff and discharge of storm water and the elimin~tion of pollutants therefrom. (3) Advise the mayor and council on the appropriateness of the city's current ordinances relating to runoff and dischorge of storm water and the elimination of pollutants therefrom, (<I) From time to time suggest changes, expansions, and deletions to those ordinances. (5) l\dviE:e the mayor and council on matters relating to the enf-oroement, modification, and renewal of the City of Corpus Christi's NPDES or TPDES permit for the discharge of storm 'Noter. (6) /\dvise the mayor and council on these issues and activities within a E:trategy of compliance at minimum feasible cost, that is to assure that the steps taken by the city in the above motters minimize the expenditure of funds by the city and its citizens, and impose the least possible burden on the conduct of their businesE:, while complying with the Clean '/Vater Act. f+) Advise the mayor and council on the establishment of a municipal drainage utility; the appropriato rate structure f-or a drainage utility, including appropriate rate classes and the rates chorged to each class; and operation of the drainage utility once the utility is established, * * * * * 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. SWMAC-REPEAL 3 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 Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the_ day of , 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATIEST Armando Chapa City Secretary APPROVED: 3RD day of February, 2006: R. Jay Reining First Assistant City Attorney For City Attorney SWMAC-Repeal Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of ,2006. Henry Garrett Mayor 12 AN ORDINANCE ABANDONING AND VACATING A 7,215-SQUARE FOOT PORTION OF EDEN LANE PUBLIC RIGHT-OF-WAY, OUT OF LOT 3, EHLERS GARDEN TRACTS, LOT 3D, EHLERS GARDEN TRACTS, AND LOT s., EHLERS GARDEN TRACTS; LOCATED APPROXIMATELY 540 FEET EAST Of THE MCBRIDE LANE STREET RIGHT-Of-WAY AND NORTH OF IH 37; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 7,215-square foot portion of the Eden Lane right-of-way out of Lot 3, Ehlers Garden Tracts, plat recorded in volume 6, Page 33, Map Records of Nueces County, Texas, Lot 3D, Ehlers Garden Tracts, plat recorded in Volume 47, Page 181, Map Records, Nueces County, Texas, and Lot 5, Ehlers Garden Tracts, plat recorded in Volume 31, Page 69, Map Records, Nueces County, Texas, located approximately 540 feet east of the McBride Street right-of-way and north of Interstate Highway 37, that Javelina Refinery is requesting to have abandoned and vacated as a street right-of-way to allow for the construction of a private driveway and the loading and unloading of its trucks and a possible turn-around for its company vehicles; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion ot the right-ot-way tor street purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 7,215-square foot portion of the Eden Lane right-of-way out of Lot 3, Ehlers Garden Tracts plat recorded in volume 6, Page 33, Map Records of Nueces County, Texas, Lot 3D, Ehlers Garden Tracts, plat recorded in Volume 47, Page 181, Map Records, Nueces County, Texas, and Lot 5, Ehlers Garden Tracts, plat recorded in Volume 31, Page 69, Map Records, Nueces County, Texas, located approximately 540 teet east ot the McBride Street right-ot-way and north ot Interstate Highway 37, is abandoned and vacated for public use as a right-of-way, subject to Javelina Refinery's compliance with the tollowing specified conditions as part of the abandonment and vacation: 1) Javelina Refinery shall pay the tair market value ot $5,415 for the abandonment and vacation of a 7,215-square foot portion of the Eden Lane street right-ot-way. 2) Javelina Refinery must retain the entire 7,215-square foot portion of the Eden Lane street right-of-way closed hereby as a utility easement for the continuous maintenance of all existing public and private utilities within the right-ot-way, by the appropriate private and public utility companies. 3) No additional vehicular traffic by refinery trucks will be allowed on the H :Leg/garyws/agenda/2006/02 -14/EdenLaneabandon Eden Lane right-ot-way, only tor utility maintenance purposes or as an emergency entrance or exit. 4) Javelina Refinery will be allowed to construct a chain-linked fence with gate across the right-ot-way with a sign and 24 hour emergency number for utility maintenance access. 5) Javelina Refinery is required to construct a turn-around for public vehicular traffic on Eden Lane, adjacent to and east of the proposed fenced gate. 6) Any relocation required of any existing utility will be done at Javelina Refinery's expense. 7) Upon approval from City Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H :Leg/garyws/agenda/2006/02 -14/EdenLaneabandon That the foregoing ordinance was read for the first time and passed to its second reading on this the ~ day of F..el)nA."A1'\/ ,2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison ~ John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of _ , 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Approved: February 9,2006 By: ~i6.J . Smith Assistant City Attorney For City Attorney H :Leglgaryws/agenda/2006/02-14/EdenLaneabandon Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of ,2006. THE CITY OF CORPUS CHRISTI Henry Garrett Mayor LOT 3-D ffiLERS GARDEN TRACTS VOL 4-7. PAGE 181 M.R.N.C. T. LOTS EHLERS GARDEN TRACTS VOL 31, PAGE 69 M.R.N.C. T. (""'\IE"LlN4 COMPANY) cDE"N LANE / / I i / / / / " I / CALLED 0.5 ACRE.;' f.;Oi. 2314-, PAGE 52 D.R.N.C.T. i LOT ~3 / ! THIS MAP WAS COMPILED FROM A VAlLABLE RECORDS AND DOES NOT REPRESENT A SURVEY MADE UPON THE: GROUND. RA&~ 5061 LOT 3 EHLERS GARDEN TRACTS VOL. 6, PAGE 33 MR. N. C. 1. / I / I I I / / / / / I I / / I I / / I I / / I I I / I I I ~I I .&/:... / ~~ I (;;1 / / / Pf!.oPOSED I EDEN LANE rTREET CILOSURE AND I UTILITY 1 EASEMENT / (7,2 ~5 Sq. Ft.) / WiELAN TRACT 11/ (JA~L1NA COMPANY) i/ (! ~/ ~ / ~/ ~ I COASTAL JAVWNA ADDmON ~I is / VOL. 54, PAGE 51 ~/ !<J / M.R.N.C. T. / j / / i / . / /'J / j.-// CALLED 1.0 ACRES VOL 2182. PAGES 761-764- D.R.N.C.T. (JA\IE"UN4 COMPANY) SI7"30'00"W 8.73' S78"2200" '5.1.'17' F o 1 "-60' I 60' ~ N l 120' I . PROPOSED EDEN LANE STREET' CLOSURE AND UTIUTY EASMENT EXH IBIT GOLDSTON ENGIN[ERING, INC. 13 AGENDA MEMORANDUM February 21, 2006 SUBJECT: Wooldridge Road Street Imps., Phase 2 , (Bond 2004) Disposition of Surplus Property (Meek) AGENDA ITEM: A. Public Hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). B. Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). C. Ordinance declaring a parcel of land containing 4,169.05 square feet as surplus property out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). 0, Ordinance approving the conveyance of a parcel of surplus property containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, to the adjacent property owner in exchange for their perpetual maintenance of the property and as consideration for partial payment towards a AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute a Special Warranty Deed for the property and declaring an emergency. ISSUE: The Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements on November 2,2004. At the intersection of Wooldridge and Airline, the project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with a center left-turn lane and a right-turn lane for northbound traffic. It will also include new curb and gutter, sidewalks, driveways, lighting and drainage. Excess right of way was identified and is being considered to be conveyed to the adjoining property owner. City staff recommends conveying this parcel to the adjoining property owner at fair market value. To begin the process of conveyance. a public hearing will be held to abandon and vacate the parcel of right of way. Once the parcel is declared surplus property it will be conveyed to the adjacent landowner by Special Warranty Deed. REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three ordinances as submitted. FUNDS: No funding required. RECOMMENDATION: Staff recommends the approval of the ordinances as presented. r IrfJ( t;~ ~/~/p~ I /\ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Council Exhibit (R.O.W. to Abandon & Vacate) Exhibit C. Council Exhibit (Intersection Layout) H:\HOME\EUSEBIOG\GEN\Agenda Items\Wooldridge Road St. Imps., Phase 1\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Wooldridge Road Street Imps., Phase 2, (Bond 2004) Disposition of Surplus Property (Meek) PRIOR COUNCIL ACTION: 1. 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 resident 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) FUTURE COUNCIL ACTION: Council approval will be required for engineering/consultant contracts, land acquisition contracts, construction contracts and amendments with expenditures exceeding $25,000. OVERVIEW: On November 2,2004 , the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements. Phase 1 of this project involves the reconstruction and widening of Wooldridge Road from S. Staples to Airline Road, and Phase 2 from Airline Road to Rodd Field Road. The project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with curb and gutter, sidewalks, driveways, lighting and drainage. Due to the realignment of Wooldridge Road there will be two strips of land located on both sides of the Airline Road and Wooldridge Road intersection which will not be needed for street improvements. The parcel located on the east side of Airline Road, as shown on the attached Exhibit B, will be conveyed to the adjacent property owner, David H. Meek. A public hearing will first be held to formally abandon and vacate the parcel. It will then be declared as surplus property and conveyed to Mr. Meek at the fair market value of $6,253. The City will retain a Utility Easement on the entire parcel conveyed. Mr. Meek will also be responsible for perpetual maintenance of the property. Due to the City's street widening of the intersection at Wooldridge and Airline, an AEP power pole (Structure No. 19) was required to be moved further in towards private property. As a result, a new amended AEP electrical easement was necessary from Mr. Meek in order to meet the overhead line "blow-out" width requirements of the National Electrical Code and Public Utility Commission requirements. The City agreed to pay the cost of this amended easement with partial payment coming from the conveyance of the surplus property described above. The power pole (Structure No. 19) relocation is being funded by AEP. H:\HOME\EUSEBIOG\GEN\Agenda Items\Wooldridge Road St. Imps., Phase 2\Background.doc EXHIBIT A lie MproJecr \< 0uncllexhibits \ exht;266, 626/b, dwg CORPUS CHRISTI BAY ~ N PARCEL LOCA TION AI 2#4 LOCA TION MAP NOT TO SCALE / ~ SUBJECT PROPERTY TO BE VACA TED VICINITY MAP NOT TO SCALE CITY PROJECT No. 6266, 6267 EXHIBIT -B- WOOLDRIDGE RD. STREET IMPS., PH. 2 BOND 2004 R.O.W. TO VACATE & ABANDON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-13-2006 ~ -- - - ~ "ile \ADAVILA \CEN\2006 \ 4-ANGL. \AIRLlNE - WOOL.dwg CORPUS CHRISTI BAY ~ N INTERSECTION LoeA TION MAP NOT TO SCALE c:i a:: ~ ..... -J e: ~ ~ N '0 I ~ lilfr INTERSECTION MAP NOT TO SCALE CITY PROJECT No. 6266, 6267 AIRLINE RD. & WOOLDRIDGE RD. INTERSECTION LA YOUT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 10f1 DATE: 02-16-2006 i -- - - - - ~ __.....r AN ORDINANCE ABANDONING AND VACATING A PARCEL OF UNIMPROVED STREET RIGHT.<:JF-WAY CONTAINING 4,169.05 SQUARE FEET OUT OF LOT 1, BLOCK 1, AIRLINE UNIT 4 SUBDIVISION, LOCATED ON THE EAST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 2-AIRLlNE TO ROOD FIELD, PROJECT 6266 (BOND 2004). WHEREAS, there is 4,169.05-square foot portion of an unimproved street right-ot-way out of lot 1, Block 1, Airline Unit 4 Subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the east comer of the Wooldridge Road and Airline Road intersection that is not needed for the Wooldridge Road Street Improvement Project, Phase 2-Airline to Rodd Field, Project 6266 (Bond 2004) or for other municipal purpose, that the City desires to abandon and vacate; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the unimproved street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 4, 169.05-square foot portion of an unimproved street right-of-way out of lot 1, Block 1, Airline Unit 4 subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the east comer of the Wooldridge Road and Airline Road intersection is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. Fair market value is waived because Owner will be dedicating a utility easement of greater value to off-set the proposed vacation and abandonment of the easement. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H :\LEG-DIR \garyws\garyws\agenda \2006\02- 21 \ORD- AirlineL 1 B l-av.doc 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 Rex A. Kinnison Brent Chesney John Marez 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 John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: February 15, 2006 BY:~ ary . Smith Assistant City Attorney For City Attorney H:\LEG-DIR \garyws\garyws\agenda\2006\02-21 \ORD-AirlineL 1B l-av.doc ORDINANCE DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND CONTAINING 4,169.05 SQUARE FEET OUT OF LOT 1, BLOCK 1, AIRLINE UNIT 4 SUBDIVISION, LOCATED ON THE EAST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 2-AIRLlNE TO ROOD FIELD, PROJECT 6266 (BOND 2004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 4.169.05-square foot parcel of unimproved street right-of-way out of Lot 1, Block 1, Airline Unit 4 Subdivision, as recorded in the Map Records, Nueces County, Texas, located at the east comer of the Wooldridge Road and Airline Road intersection, is declared surplus property, being a remainder from the Wooldridge Road Street Improvement Project, Phase 2-Airline to Rodd Field, Project 6266 (Bond 2004). H :\LEG-DIR \garyws\garyws\agenda\2006\02-21 \ORD-AirlineLlB l-SurPty.doc 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 Rex A. Kinnison Brent Chesney John Marez 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 John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2006. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: February 15, 2006 By: but'1lm/iL a W. Smith Assistant City Attorney For City Attorney H: \LEG-DIR \garyws\garyws\agenda\2006\02-21 \ORD-AirlineLlB l-SurPty.doc AN ORDINANCE APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS PROPERTY CONTAINING 4,169.05 SQUARE FEET OUT OF LOT 1, BLOCK 1, AIRUNE UNIT 4 SUBDIVISION, LOCATED ON THE EAST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION TO THE ADJACENT PROPERTY OWNER IN EXCHANGE FOR HIS/HER PERPETUAL MAINTENANCE OF THE PROPERTY AND AS CONSIDERATION FOR PARTIAL PAYMENT TOWARDS AN AEP ELECTRICAL EASEMENT REQUIRED FOR THE STREET WIDENING PROJECT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SPECIAL WARRANTY DEEDS FOR THE PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to convey a parcel of surplus property containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, as recorded in the Map Records of Nueces County, Texas, located on the east comer of the Wooldridge Road and Airline Road intersection, as shown on the attached Exhibit, as surplus property, and that the City Manager, or his designee, is authorized to execute a special warranty deed or quitclaim deed to the adjacent property owner in exchange for the perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project H :\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD-AirlineLlB l-Sale,doc 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 Rex A. Kinnison Brent Chesney John Marez 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 I 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2006. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved February 15, 2006 By: ~-<< ary . Smith Assistant City Attorney For the City Attorney H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD-AirlineLIB I-Sale.doc 14 AGENDA MEMORANDUM February 21, 2006 SUBJECT: Wooldridge Road Street Imps., Phase 1, (Bond 2004) Disposition of Surplus Property (Bighamin, Shafinury) AGENDA ITEM: A. Public Hearing to consider abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - S. Staples to Airline, Project 6267 (Bond 2004). B. Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - S. Staples to Airline, Project 6267 (Bond 2004). C Ordinance declaring a parcel of land containing 3,452.70 square feet as surplus property out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection in connection with the Wooldridge Road Street Improvement Project, Phase 1 - S. Staples to Airline, Project 6267 (Bond 2004). D. Ordinance approving the conveyance of a parcel of surplus property containing 3,452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of the Wooldridge Road and Airline Road intersection to the adjacent property owners in exchange for their perpetual maintenance of the property and as consideration for partial payment towards a AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute a Special Warranty Deed for the property and declaring an emergency. ISSUE: The Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements on November 2,2004. At the intersection of Wooldridge and Airline, the project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with a center left-turn lane and a right-turn lane for northbound traffic. It will also include new curb and gutter, sidewalks, driveways, lighting and drainage. Excess right of way was identified and is being considered to be conveyed to the adjoining property owners. City staff recommends conveying this parcel to the adjoining property owners at fair market value. To begin the process of conveyance, a public hearing will be held to abandon and vacate the parcel of right of way. Once the parcel is declared surplus property it will be conveyed to the adjacent landowners by Special Warranty Deed. REQUIRED COUNCIL ACTION: Public Hearing process and passage of the three ordinances as submitted. FUNDS: No funding required. RECOMMENDATION: Staff recommends the approval of the ordinances as presented. tv/,f ~~ A~el~. Escobar, P.E. Director of Engineering Services .:LJ/t/P-6 , , Attachments: Exhibit A. Background Information Exhibit B, Council Exhibit (R.O.W. to Abandon & Vacate) Exhibit C. Council Exhibit (Intersection Layout) H:\HOME\EUSEBIOG\GEN\Agenda Items\Wooldridge Road St. Imps., Phase 1\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Wooldridge Road Street Imps., Phase 1, (Bond 2004) Disposition of Surplus Property (Bighamin, Shafinury) PRIOR COUNCIL ACTION: 1. 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 resident 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) FUTURE COUNCIL ACTION: Council approval will be required forengineering/consultant contracts, land acquisition contracts, construction contracts and amendments with expenditures exceeding $25,000. OVERVIEW: On November 2,2004, the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition NO.1 Street Improvements. Phase 1 of this project involves the reconstruction and widening of Wooldridge Road from S. Staples to Airline Road, and Phase 2 from Airline Road to Rodd Field Road. The project includes the reconstruction of a two-lane rural type roadway to a four-lane collector with curb and gutter, sidewalks, driveways, lighting and drainage. Due to the realignment of Wooldridge Road there will be two strips of land located on both sides of the Airline Road and Wooldridge Road intersection which will not be needed for street improvements. The parcel located on the west side of Airline Road, as shown on the attached Exhibit B, will be conveyed to the adjacent property owners,Mostafa Bighamian and Morteza Shafinury, A public hearing will first be held to formally abandon and vacate the parcel. It will then be declared as surplus property and conveyed to Mr. Bighamian and Mr. Shafinury at the fair market value of $6,041. The City will retain a Utility Easement on the entire parcel conveyed. The landowners will also be responsible for perpetual maintenance of the property. Due to the City's street widening of the intersection at Wooldridge and Airline, an AEP power pole (Structure No. 19) was required to be moved further in towards private property. As a result, a new amended AEP electrical easement was necessary from the landowners in order to meet the overhead line "blow-out" width requirements of the National Electrical Code and Public Utility Commission requirements. The City agreed to pay the cost of this amended easement with partial payment coming from the conveyance of the surplus property described above. The power pole (Structure No. 19) relocation is being funded by AEP. H:\HOME\EUSEBIOG\GEN\Agenda ltems\Wooldridge Road St. Imps" Phase l\Background,doc EXHIBIT A -lie ,MprOjed \ _ ounc/lex!J/D/is \exho266, D26/bawg CORPUS CHRISTI BAY ~ N PARCEL LOCA TlON flI 2<<-4 LOCA TION MAP NOT TO SCALE SUBJECT PROPERTY TO BE VACA TED VICINITY MAP NOT TO SCALE CITY PROJECT No. 6266, 6267 EXHIBIT "B" WOOLDRIDGE RD. STREET IMPS., PH. 1 BOND 2004 R.O.W. TO VACA TE & ABANDON CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-13-2006 ~ -- - - - - v- """""" ~l.../'-' , .i~:"'" \ ...,. ~''-Ivi V~,f' ~!I\L CORPUS CHRIS TI BAY ~ N INTERSECTION LoeA TION MAP NOT TO SCALE ~ N g UJ ~ ...,J s: <( o I ~ fllu NOT TO SCALE INTERSECTION MAP CITY PROJECT No. 6266, 6267 AIRLINE RD. & WOOLDRIDGE RD. INTERSECTION LA YOUT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02-16-2006 ~ -- - - - - ~ - - - -- -- AN ORDINANCE ABANDONING AND VACATING A PARCEL OF UNIMPROVED STREET RIGHT-OF-WAY CONTAINING 3,452.70 SQUARE FEET OUT OF LOT 1, BLOCK 3, WOOLDRIDGE CREEK UNIT 9 SUBDIVISION, LOCATED ON THE NORTHERNMOST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 1-S0UTH STAPLES TO AIRLINE, PROJECT 6267 (BOND 2004). WHEREAS, there is 3,452.70-square foot portion of an unimproved street right-of-way out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the northernmost comer of the Wooldridge Road and Airline Road intersection that is not needed for the Wooldridge Road Street Improvement Project, Phase 1-5outh Staples to Airline, Project 6267 (Bond 2004) or for other municipal purpose, that the City desires to abandon and vacate; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the unimproved street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 3,452.70-square foot portion of an unimproved street right-of-way out of Lot 1, Block 3, Wooldridge Creek Unit 9 subdivision, as recorded in the Map Records, Nueces County, Texas, and located at the northernmost comer of the Wooldridge Road and Airline Road intersection is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 . Fair market value is waived because Owner will be dedicating a utility easement of greater value to off-set the proposed vacation and abandonment of the easement. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may H: \LEG-DlR \garyws\garyws\agenda \2006\02- 2] \ORD- W ooldridgeCreekL 1 B3-av.doc extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H:\LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W ooldridgeCreekL 1 B3-av.doc 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 Rex A. Kinnison Brent Chesney John Marez 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 John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of , 2006. THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved: February 15, 2006 By: ~~ 1MuN J ary . Smith Assistant City Attorney For City Attorney H :\LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W ooldridgeCreekL 1 B3-av.doc ORDINANCE DECLARING AS SURPLUS PROPERTY A PARCEL OF LAND CONTAINING 3,452.70 SQUARE FEET OUT OF LOT 1, BLOCK 3, WOOLDRIDGE CREEK UNIT 9 SUBDIVISION, LOCATED ON THE NORTHERNMOST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION, IN CONNECTION WITH THE WOOLDRIDGE ROAD STREET IMPROVEMENT PROJECT, PHASE 1-S0UTH STAPLES TO AIRLINE, PROJECT 6267 (BOND 2004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 3,452.70-square foot parcel of unimproved street right-of-way out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, as recorded in the Map Records, Nueces County, Texas, located at the northernmost comer of the Wooldridge Road and Airline Road intersection, is declared surplus property, being a remainder from the Wooldridge Road Street Improvement Project, Phase 1-South Staples to Airline, Project 6267 (Bond 2004). H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD- Wooldridge Creek LlB3-SurPty.doc 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 Rex A. Kinnison Brent Chesney John Marez 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 John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of , 2006. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: February 15, 2006 BY:~ Gary . Smith Assistant City Attorney For City Attorney H:\LEG-DIR\garyws\garyws\agenda\2006\02-21 \ORD-Wooldridge Creek LlB3-SurPty.doc AN ORDINANCE APPROVING THE CONVEYANCE OF A PARCEL OF SURPLUS PROPERTY CONTAINING 3,452.70 SQUARE FEET OUT OF LOT 1, BLOCK 3, WOOLDRIDGE CREEK UNIT 9 SUBDIVISION, LOCATED ON THE NORTHERMOST CORNER OF THE WOOLDRIDGE ROAD AND AIRLINE ROAD INTERSECTION TO THE ADJACENT PROPERTY OWNER IN EXCHANGE FOR HIS/HER PERPETUAL MAINTENANCE OF THE PROPERTY AND AS CONSIDERATION FOR PARTIAL PAYMENT TOWARDS AN AEP ELECTRICAL EASEMENT REQUIRED FOR THE STREET WIDENING PROJECT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SPECIAL WARRANTY DEEDS FOR THE PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to convey a parcel of surplus property containing 3.452.70 square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, as recorded in the Map Records of Nueces County, Texas, located on the northernmost comer of the Wooldridge Road and Airline Road intersection, as shown on the attached Exhibit, as surplus property, and that the City Manager, or his designee, is authorized to execute a special warranty deed or quitclaim deed to the adjacent property owner in exchange for the perpetual maintenance of the property and as consideration for partial payment towards an AEP electrical easement required for the street widening project. H :\LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W ooldridgeCreekLIB3-Sale.doc 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 Rex A. Kinnison Brent Chesney John Marez 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 John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of , 2006. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved February 15, 2006 BY:~ ry . Smith Assistant City Attorney For the City Attorney H :\LEG-DIR \garyws\garyws\agenda \2006\02-21 \ORD- W ooldridgeCreekL 1 B3-Sale.doc 15 AGENDA MEMORANDUM City Council Action Date: February 21, 2006 SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third Street (Project No. 8535) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to SLC Construction of Conroe, Texas, in the amount of $2,720,501.55 for the Water Main Improvements: Leopard Street and Third Street project for Base Bid "A", Base Bid "B", and Additive Alternate Numbers 1,2,3 and 4. ISSUE: The water main replacement is intended to improve water pressure, increase flow capacity, and improve reliability within the vicinity of the two project areas: along Leopard Street from Mexico Street to Upper Broadway and along Third Street from Buford Street to Elizabeth Street. The project has bid and is ready to be awarded, which requires Council approval. FUNDING: Funding for this project is available in the FY 2004-2005 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. E uardo Garaiia, P. E. Director of Water Services Additional Support Material: Exhibit "An Background Information Exhibit "B" Bid Tabulation Exhibit "c" Project Budget Exhibit "0" Location map HIHOMEIRachellelGENIWalerlWater Syslem\8534 & 8535\Agenda Memo doc r ~~~~ 7//#6 l!:g I R. Escobar, P.E. ' Director of Engineering Services -:~~~'1)sf~ Foster Crowell Director of Wastewater Services AGENDA BACKGROUND INFORMATION SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third Street (Project No. 8535) PROJECT BACKGROUND: The water main replacement is intended to improve water pressure, increase flow capacity, and improve reliability within the vicinity otthe two project areas. · Leopard Street: An old existing 10-inch cast iron water main will be replaced with a new 12-inch PVC water main along Leopard Street from Upper Broadway to Mexico Street (approximately 3,625 LF). · Third Street: An old existing 10-inch cast iron waterline along Third Street from Elizabeth to Buford needs to be upgraded to a 16-inch PVC pipe. PROJECT DESCRIPTION: The project consists of two parts as follows: · Part" A": Leopard street from Mexico Street to Upper Broadwav includes Alameda from Leopard Street to Antelope. It involves the construction of 3,806 linear feet of new 12-inch PVC AWWA C900 water main and 1,599 linear feet of new ductile iron AWWA C151 waterline of various sizes (from 6 to 12 inches), including installation of ductile iron fittings, valves, new fire hydrants, service line connections and meter boxes, traffic control for phase construction, pavement markings, and storm water pollution prevention measures along with limited pavement reconstruction and applying an asphaltic seal coat over the entire roadway limits. · Part "B": Third Street from Buford to Elizabeth Street involves the construction of 1,684 linear feet of new 16-inch PVC AVVWA C905 water main and 342 linear feet of new ductile iron AWWA C151 waterline of various sizes (from 6 to 12 inches), including installation of ductile iron fittings, valves, new fire hydrants, service line connections and meter boxes, traffic control for phase construction, pavement markings, and storm water pollution prevention measures along with limited pavement reconstruction and applying an asphaltic seal coat over the entire roadway limits. BID INFORMATION: The City received proposals from six bidders on February 8,2006 (see Exhibit "B" Bid Tabulation). The engineer's estimated construction cost is as follows: Part "An Leopard Street $1,688,488.00 Part "B" Third Street 794,859.00 Total $2,483,347.00 The bids for Base Bid "An plus Base Bid "B" range from $2,027,315.55 ($1,348,348.55+ $678,967) to $3,249,579 ($2,208,490 + $1,041,089). The bid package also consisted of the following additive alternates: · Additive Alternate NO.1 - North Carancahua from Leopard to Lipan EXHIBIT "A" Page 1 of 3 H IHOMEIRachellelGENlWaterlWaler Syslem\6534 & 8535\ConslructlonlAgenda Background.doc · Additive Alternate NO.2 - Artesian from Leopard to a point south of Buffalo · Additive Alternate NO.3 - North Tancahua from Leopard to Buffalo · Additive Alternate No.4 - North Staples from Leopard to approximately 380 linear feet south of Leopard City staff and the consultant (Martinez, Guy & Maybik) recommend that the construction contract be awarded to SLC Construction of Conroe, Texas, in the amount of $2,720,501.55 for Base Bid "A", Base Bid "B", and Additive Alternate Numbers 1,2,3 and 4. CONTRACT TERMS: It is proposed that Part "A" Leopard Street be completed in 120 calendar days, and that Part "B" Third Street be completed in 90 calendar days, for a total of 210 calendar days. Completion is anticipated by late September 2006. PRIOR COUNCIL ACTION: 1. November 11. 2003 - Motion authorizing the City Manager or his designee to execute a consultant contract with Martinez, Guy & Maybik Inc. of Corpus Christi, Texas, in the amount not to exceed $152,993 for the Water Main Improvements along Elizabeth Street and 19th Street. (Motion No. 2003-397) 2. March 29. 2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) 3. March 29. 2005 - Motion authorizing the City Manager or his designee to execute Amendment NO.2 to the contract for professional services with Martinez, Guy & Maybik in the amount of $118,608 for a total restated fee of$289,621 for the Water Main Improvements: Leopard Street and Third Street project. (Motion No. 2005-105) PRIOR ADMINISTRATIVE ACTION: 1. February 20. 2002 - Distribution of Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 2. March 13. 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 3. March 15. 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 4. March 26. 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 5. March 28. 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 6. Apri/11. 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 7. April 17. 2003 - Addendum NO.1 to the Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) EXHIBIT "A" Page 2 of 3 H \HOME\RachelleIGENIWaterIWater System\8534 & 8535IConstructlonlAgenda Background doc 8. April 25. 2003 - Addendum NO.2 to the Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 9. AUQust 4.2003 - Letter Of Notification NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town) 10 November 30. 2004 - Administrative approval of Amendment NO.1 to the contract for engineering (AlE) services with Martinez, Guy & Maybik of Corpus Christi, Texas, in the amount of $18,020 for a total restated fee of $171 ,013. 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EXHIBIT "B" Page 9 of 9 PROJECT BUDGET WATER MAIN IMPROVEMENTS: LEOPARD STREET (PROJECT NO. 8534) THIRD STREET (PROJECT NO. 8535) February 21, 2006 FUNDS AVAILABLE: Water.... ...... ......... ... ......... ...... ...... ... ... Wastewater. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Storm Water.. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . T 018 I. ... . .. .. ... ..... ................,............. FUNDS REQUIRED: Construction (SLC Construction Inc.)........... Contingencies (10%)... ...... ............... ........ Consultant (Martinez, Guy & Maybik Inc.)..... Engineering Reimbursements...... ... ... '" ... " Construction Inspection Activity.. . .. . . .. .. . . .. ... Construction Material Testing......,............., Misc. (Printing, Advertising, etc.)......... . . . . . . . . T 018 I. . . . .. ................ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . H:\HOME\Rachelle\GEN\Water\Waler System\8534 & 8535\Conslruction\Project Budget $3,260,357.55 $30,000.00 $54,000.00 $3,344,357.55 $2,720,501.55 272,050.00 289,621.00 5,265.00 44,888.00 8,600.00 3,432.00 $3,344,357.55 EXHIBIT "e" Page 1 of 1 'IMp' Ojec, \councl/exhiblts \ eX1l8534. dy,g ~ N PROJECT LOCA TION CORPUS CHRISTI BAY LOCA TION MAP NOT TO SCALE PROPOSED PROJECT EXTENTS ADD. AL T. NO.2 ADD. AL T. NO.3 ~ N f. /" ~..- \~~ - , d fl, \5' , \~U ' \\-,-f' rfl={ 1 '8"-- o x, ,f-,--, wi ,.H:=f\- """ ! 1"1:-! ~ LIP ~---8~' , wi 21 <( -=:1+ --- <( z <( V1 W ~ '-cr <( >-<(j '_~_J ~I i ~ g~STAJ--1 a::: WI 2, . i A~1 ~ ! ~~1~----" <( ! I ---cr- ;--- , <( w / ::>, U 0.... ',' i I" I' ~ I---~--~! / '--'-~~~i"",,~ ~ I (5 j' ;----/l,_I-..'-"-'--- Z ---- I /1 '-~-'---, .,...- f f ___ i / {! --+-- I , ~- ADD. AL T. NO.4 ADD. AL T. NO.1 VICINITY MAP NOT TO SCALE PROJECT No. 8534 EXHIBIT "D" WA TER MAIN IMPROVEMENTS LEOPARD ST FROM UPPER BROADWA Y TO MEXICO ST AND ADDITIVE AL TERNA TES 1-4 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 02/16/2006 ~ -- - - - - - - Mplu,ec( \counCllextnb,ts \ exnt35J5. dwg ~ N LOCA TION MAP NOT TO SCALE ~ N PROPOSED PROJECT EXTENTS CORPUS CHRISTI BAY VICINITY MAP NOT TO SCALE PROJECT No. 8535 EXHIBIT -D- Water Main Improvements Third St. from Elizabeth St. to Buford St CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 02/16/2006 ~ -- - - - - ~ 16 AGENDA MEMORANDUM City Council Action Date: February 21, 2006 SUBJECT: St. Andrews Park/La Costa Box Culvert Improvements (Project No. 2188) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Austin Filter Systems of Austin, Texas, in the amount of $1,260,623.25 for the St. Andrews Park/La Costa Box Culvert Improvements for Base Bid "A", Deductive Alternate "A1", Base Bid "B", and Deductive Alternate "B2". ISSUE: This project is part of the Council-approved Storm Water Capital Improvement program's $55 million list of priority projects. Areas around St. Andrews Park (including Country Club Units 7, 14, 15 and 16) and areas on the north side of the Schanen Ditch have experienced flooding problems in major storm events. The project has bid and is ready for the construction award, which requires Council approval. FUNDING: Funds for this project are available from the FY 2004-2005 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. l5(D~ ~~~ ngel R. Escobar, P.E. Director of Engineering Services .onal Su ort Ma rial: Exhibit "An Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:\HOMElRad1elleIGEN\Drainage\21B8\Agenda Memo doc BACKGROUND INFORMATION SUBJECT: St. Andrews Park/La Costa Box Culvert Improvements (Project No. 2188) PROJECT DESCRIPTION: Ponding of storm water occurs after heavy rainfall events in the subdivisions on both sides of the Schanen Channel and the Mary Carroll Channel. Completion of the proposed project will repair aging storm water drainage infrastructure and improve drainage problems in the area. The project consists of two parts as follows: Base Bid A provides for work in St. Andrews Park, St. Andrews Drive box culvert improvements, and Schanen Channel improvements. The work in St. Andrews Park includes swales, selective sodding/seeding, and asphalt trail repairs. The work at Schanen Channel includes grading, channel revetment, selective sodding/seeding, and headwall repairs. St. Andrews Drive improvements include 93' LF of 4' x 4' box culvert, and 53' LF of 48" reinforced concrete pipe (RCP) under the road, pavement repairs, traffic controls, and miscellaneous work. Base Bid B provides for the Mary Carroll Channel improvements. The work includes channel grading, concrete channel lining, channel revetment, slope stabilization using gabion blankets, 8' x 6' concrete box culvert extension, 42" RCP extension, new headwalls, and selective sodding/seeding. Both base bids include site work and demolition, utility adjustment, excavation and backfilling, dewatering, concrete drainage structures, modular Gabion systems, Conlock I revetment channel lining (or equal), channel stabilization, seeding, and traffic controls. Alternate deductive bid items include Conlock " revetment channel lining, Gabion blankets (or equal), or flexible liner in lieu of Con lock I if accepted by the City. BID INFORMATION: The City received proposals from four bidders on February 1, 2006 (see Exhibit "B" Bid Tabulation). Base Bid "A" Base Bid "B" BID RANGE Enqineer's Estimate Low Bidder $713,557.66 $759,824.00 $554,181.96 $626,613.00 Hiqh Bidder $1,116,618.50 $722,463.00 The consultant (Urban Engineering) and City staff recommend award of Base Bid "A" with Deductive Alternate "A 1" for Conlock " block in the Schanen Channel and Base Bid "B" with Deductive Alternate "B2" for Gabion blankets for the Mary Carroll Channel to Austin Filter Systems of Austin, Texas, in the amount of $1,260,623.25. CONTRACT TERMS: The project is estimated to require a total of 100 calendar days for both base bids, with completion anticipated in June 2006. f-j ',HOMEIVelmaP\GENIDRAINAGE\2188\CONSTRUCTION\AGENDA BACKGROUND,doc PROJECT BACKGROUND: This project is part of the Council-approved Storm Water Capital Improvement program's $55 million list of priority projects. It originated from citizen complaints in the Corpus Christi Country Club and St. Andrews Park area after heavy rain events in the fall of 2002, at which time city staff recorded water backing into subdivisions on both sides of the Schanen Channel and Mary Carroll Channel. Storm water ponds in the streets in this area for extended periods of time after a rainfall event. In addition, severe erosion in the Mary Carroll Channel is causing the Channel to encroach private property, specifically undermining the Wienerschnitzel fence, parking lot and drive-through. The scope of work was to investigate causes and potential relief that could be achieved The AlE amendments that have been approved for this project thus far are: Amendment NO.1 added an additional study area to the original boundaries. Amendment No.2 investigated issues related to proposed improvements that cross an existing closed landfill site in St. Andrews Park. Amendment NO.3 provided for design of additional storm sewer and culvert capacity at the St. Andrews Drive crossing of the Schanen Channel. The La Costa Box culvert improvements included a new box culvert and Mary Carroll Channel stabilization to improve hydraulic performance. Amendment NO.4 provided for topographic survey and construction details necessary to reconstruct a 48" RCP drainage outfall structure originally constructed as part of the Breckenridge Unit 6 Subdivision improvements. It also provided standard details necessary to construct/reconstruct end treatments on existing pipe outfalls located at various points along the Schanen Channel. PRIOR COUNCIL ACTION: 1 . October 26, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract for Professional Services with Urban Engineering in the amount of $70,000, for a total restated fee of $94,550, for the St. Andrews Park I La Costa Box Culvert Improvements. (Motion No. 2004-392) 2. March 29, 2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) PRIOR ADMINISTRATIVE ACTION: 1 . April 11, 2003 - Executed Small Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $12,000 for the Country Club Estates Units 7, 14, 15, 16/ St Andrews Park Drainage Study Project. 2. July 3, 2003 - Executed Amendment No. 1 to the Small Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $6,000 for the Country Club Estates Units 7, 14, 15, 16 I St Andrews Park Drainage Study Project. 3. July 16, 2004 - Executed Amendment No. 2 to the Small Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $6,550 for the Country Club Estates Units 7, 14, 15, 16 I St Andrews Park Drainage Study Project. "-i:\HOME\VelmaPIGEN\DRAINAGE\2188\CONSTRUOTION <AGENDA BAOKGROUND.doc PRIOR ADMINISTRATIVE ACTION (continued): 4. Julv 21. 2004 - Executed Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. in the amount of $6,600 for the Country Club Estates Units 7, 14, 15, 16 / St Andrews Park Drainage Study Project. 5. 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Gl ~ II E ! <( Gl ~ U :I 1 o . ~N :ljf cffi3~~ .2:;eu~ t\-gi;::-E OICl:;:I~CIl .~I~Mg~ ::J:;>1!i"f~ ~~:lr~t; ~~if~~ 0!;!59c lii:;"~ i6:!ju >l:r...il ilijU)l lIiico en oo:iii '5 cD~ 00 '" 0 t...:ci <010 CD~ com N'" '" ' o lI'> ,..; 00 "'10 .,.:", <'l <0 Oll'> <00 <1~ o <'l <D 0"-' 0'" 6", '" 0> ...... "'''' N N "''1 o <D ,..; -- lJ.. (fJ '" N <D ,.-: 'tl <Xi o z o .,-, <<i o oj '" OJ_ ;;;; 'tl in o z o o '" '" cD o <0_ ... o o '" M ... cD OJ "'- ... N <0 m '" r--- ,.-: <D N o o .. '" <t C"i 0> "'- ~ '" 'tl <i'i o z o '" ~ '" <0 '" "'- '" o o '" OJ .. <D "'- '" o 10 ;:.: N <Xi '" "'. ;;;; S 8 o .,-, 3l <0 C"i "'- ~ '" .!!! ~ rc '" '" ~ Qj > m 8. e 0- -.::> :a c: o g '" i '6 E -0 in o z -0 <Xi o z o lI'> c;j N <0 '" <D <t_ o o o ~. M. ~ '" '" lI'> '" os; ... 0> <D M "'- '" N ,..; ~ <Ii o .., '0 .., '" 0> to ll.. '" '" <<h tf) ~ 6'J III -0 jj'j CIl .. II III " C II <( " jj'j Gl II to III ~ I- ~ :: <( .. :I C. GI oil . :t :: <( .. :I C. C ~ I- . .... III . :: C .. :I C. GI oil ~ . :: <( .. :I C. C ~ ~ . '" CD . ~ .. :I C. III oil . .. <( . = C II :I C. <( ~ EXHIBIT "B" Page 3 of 3 PROJECT BUDGET ST. ANDREWS PARK/LA COSTA BOX CULVERT IMPROVEMENTS (Project No. 2188) February 14, 2006 FUNDS AVAILABLE: Storm Water...... ... ..... ...... ... ... ... '" ... .... . ... ... ... ... ... .... FUNDS REQUIRED: Construction (Austin Filter Systems Inc.).......................... Contingencies (10%).... ... ................... .................... Consultant (Urban Engineering)... ...... .. .... .................... Engineering Reimbursements...... ... ... ....... .... ... ... ... ... ... Construction Inspection Activity... ... ... ... ... .. . ... ... ... ... ... ... . Geotechnical Services... .. ..... . .................................. Misc. (Printing, Advertising, etc.).............. ................... Total. ...... ...... ... .... ... ........ ............. ................... H\HOME\RachefleIGEN\Drainage\2188\Project Budget $1,525,376.25 $1,260,623.25 126,062.00 98,150.00 11,441.00 20,800.00 6,600.00 1,700.00 $1,525,376.25 EXHIBIT "C" Page 1 of 1 ~ N PROJECT LOCA TION LOCA TION MAP NOT TO SCALE VICINITY MAP PROJECT No. 2188 NOT TO SCALE EXHIBIT "D" ST. ANDREWS PARK/LA COSTA BOX CUL VERT IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/14/2006 ~ -- - - - - --- 17 AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding possible new, joint City of Corpus Christi/Corpus Christi Independent School District southside library. STAFF PRESENTERS: Name 1. Herb Canales 2. Angel Escobar 3. Title/Position Director Director Department Library Engineering ISSUE: The voters approved $3.5 million for a new southside library in the 2004 bond program. BACKGROUND: Following up on the success of the joint City/Flour Bluff Independent School District high school library, the staff and Library Board propose that discussions be held with Corpus Christi Independent School District for the construction of the new southside public library on a Corpus Christi Independent School District middle school campus, providing for a joint City/Corpus Christi I ndependent School District operation. REQUIRED COUNCIL ACTION: Council would be required to approve an Interlocal Agreement between the City and the Corpus Christi Independent School District. ;/ /' -ryd.L (~~ Herb Canales Additional Background [1 Exhibits -...; U .0 ::J 0.. 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