HomeMy WebLinkAboutAgenda Packet City Council - 04/25/2006
CITY COUNCIL AGENDA
APRIL 25,2006
Corpus Christi
AII-America cnv
11 :45 A.M. Proclamation declaring April 25, 2006 as "Equal Pay Act Day"
Proclamation declaring the week of April 23-29, 2006 as "National Crime Victims' Rights Week"
Proclamation declaring the week of April 23-30, 2006 as "Days of Remembrance"
Proclamation declaring the week of May 1-7, 2006 as "Cover the Uninsured Week"
Proclamation declaring the month of April as "Equal Employment Opportunity for Youth Month"
Proclamation declaring the month of Mayas "Fire Fighters Appreciation Month"
Proclamation declaring the month of Mayas "Motorcycle Safety & Awareness Month"
Commendations: Flour Bluff High School NJROTC-Navy National Champions
Goodwill Ambassador Certificates to Middle School People to People Student
Presentation of Texas Safety Association Awards to City Departments
Swearing-in ceremony of newly elected appointed Board, Committee and Commission Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
APRIL 25, 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 opporlunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information perlaining to your
subject, please present it to the City Secretary
Si Ustecj desea dirigirse al Concilio y cree que su ingles es Iimitado, 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 Pastor James Anaya, Travis Baptist 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 John Marez
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Agenda
Regular Council Meeting
April 25, 2006
Page 2
E. MINUTES:
1 Approval of Regular Meeting of April 8, 2006. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CON_NT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FRO" PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2.a. Ordinance appropriating $302,000 from the Vehicle Capital
Reserve in Fund 5110 Maintenance Services for vehicle and
equipment purchases; amending the FY 2005-2006 Operating
Budget adopted by Ordinance No. 026385 by increasing
appropriations by $302,000. (Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 3
2.b. Motion approving the purchase and lease purchase of two (2)
aerial bucket trucks from Philpott Motors, of Port Neches, Texas
for the total amount of $135,354. The award is based on the
cooperative purchasing agreement with the Houston Galveston
Area Council (HGAC). These trucks will be used by the Municipal
Information Systems and Water Departments. Funding for the
purchase of one bucket truck is available in the Capital Outlay
Budget of the Maintenance Services Fund. Funds for the lease
purchase of the second truck will be provided through the City's
lease/purchase financing program. (Attachment # 2)
3. Motion approving the lease purchase of two (2) front end loader
tractors and purchase of three (3) track excavators from the
following companies, for the following amounts, in accordance
with Bid Invitation No. BI-0102-06, based on low bid, for a total
amount of $192,735.89. The construction equipment will be
purchased for the Parks and Recreation and Water Departments.
Funding for the lease purchase of the front end loaders will be
provided through the City's lease/purchase financing program.
Funding for the purchase of the excavators is available in the
Capital Outlay Budget of the Maintenance Services Fund. All of
the recommended items are replacements to the fleet.
(Attachment # 3)
Anderson Machinery
Corpus Christi, Texas
Item No. 1
$110,378.16
Robstown Hardware
Robstown. Texas
Item No 2
$61,360
H & V Equipment Services
Corpus Christi. Texas
Item NO.3
$20,997.73
Grand Total $192,735.89
4.a. Resolution authorizing the City Manager or his designee to
execute a $10,000 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to
develop a Community Media Outreach Campaign for the City's
Anti-Litter Ordinance. (Attachment # 4)
4.b. Ordinance appropriating $10,000 from the Coastal Bend Council
of Governments in the No. 1051 Solid Waste Grants Fund to
develop a Community Media Outreach Campaign for the City's
Anti-Litter Ordinance. (Attachment # 4)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 4
4.c Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Cooperation Agreement
with the Coastal Bend Council of Governments in the amount of
$10,380 for salary for a third yearof grant funding for an Assistant
Compliance Officer. (Attachment # 4)
4.d. Ordinance appropriating $10,380 from the Coastal Bend Council
of Governments in the No. 1051 Solid Waste Grants Fund for
salary for a third year of grant funding for an Assistant
Compliance Officer. (Attachment # 4)
4.e. Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Cooperation Agreement
with the Coastal Bend Council of Governments in the amount of
$4,500 to pay for disposal of scrap tires collected during the City's
Neighborhood Initiative Program. (Attachment # 4)
4.f. Ordinance appropriating $4,500 from the Coastal Bend Council
of Governments in the NO.1 051 Solid Waste Grants Fund to pay
for disposal of scrap tires collected during the City's
Neighborhood Initiative Program. (Attachment # 4)
4.g. Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Cooperation Agreement
with the Coastal Bend Council of Governments in the amount of
$20,000 to purchase new collection units for used-oil and HHW
storage modules for the new CollectionlTransfer Station at the
J. C. Elliott Landfill. (Attachment # 4)
4.h. Ordinance appropriating $20,000 from the Coastal Bend Council
of Governments in the NO.1 051 Solid Waste Grants Fund to
purchase new collection units for used-oil and HHW storage
modules for the new CollectionlTransfer Station at the J. C. Elliott
Landfill. (Attachment # 4)
5. Resolution amending Resolution 026056 by adding Section 2 that
also authorizes City Manager or designee, to determine whether
to retain or sell City of Corpus Christi Library's 25% beneficial
interest in the mineral interests owned by the Anita Neyland Trust,
established under the W. 1. Neyland Last Will and Testament.
(Attachment # 5)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 5
6. Resolution authorizing an application to the Texas Parks and
Wildlife Department for assistance in funding a public parking lot
and access road on Packery Channel; declaring the City eligible
for such assistance; authorizing the City to be local sponsor of the
project; and directing and authorizing the City Manager to file the
application and to execute all documents pertaining thereto.
(Attachment # 6)
7. Resolution expressing official intent to reimburse costs of the
Packery Channel Improvement Project. (Attachment # 7)
8. Motion authorizing the City Manager or his designee to execute
a testing agreement with Kleinfelder, of Corpus Christi, Texas in
the amount of $40,559 for the Water Main Improvements:
Leopard Street and Third Street project. (Attachment # 8)
9. Motion approving the application from The Corpus Christi
Chamber of Commerce to temporarily close the following street
section for the Corpus Christi Chamber Mixer Event, May 11,
2006 at 12:01 a.m. to May 11, 2006 at 11 :59 p.m. (Attachment
# 9)
1. The two inside travel lanes of Northbound Shoreline Boulevard
from Power to Palo Alto, exclusive of the median crossovers
at Power and Palo Alto, beginning at 12:01 a.m., Thursday,
May 11,2006 through 11 :59 p.m., Thursday, May 11,2006.
2. Southbound Shoreline Boulevard from Power to Palo Alto,
exclusive of the median crossovers at Power and Palo Alto,
beginning at 12:01 a.m., Thursday, May 11,2006 through
11 :59 p.m., Thursday, May 11,2006.
10. Motion authorizing the City Manager to execute a Deferment
Agreement with Mr. Raju Bhagat, (Developer), in the amount of
$42,900 for the installation of storm, sanitary and water public
improvements to serve Whelan Tract, Unit 4, Block 1, Lots 1 and
2, located east of Navigation Boulevard and south of Interstate
Highway 37 (IH 37), in accordance with the Platting Ordinance
Section V-Required Improvements, Subsection A.3(b).
(Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 6
11.a. Ordinance authorizing the City Manager or his designee to
execute a Lease Agreement with Peter Bryant (MMD
Communications) for a term of 8 days in April, 2007, for the
Texas International Yacht and Jet Plane Show at the Peoples
Street T-Head. (Attachment #11)
11.b. First Reading Ordinance - Authorizing the City Manager or his
designee to execute a Lease Agreement with Peter Bryant (MMD
Communications) for a term of 8 days in April, 2007, for the
Texas International Yacht and Jet Plane Show at the Peoples
Street T-Head; providing for two 5 year renewals upon City
Manager, or designee, finding show successful for City.
(Attachment #11)
I. PUBLIC HEARINGS: (NONE)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
12 Update on Development of the City-Wide Wireless Fidelity
Broadband Mesh Network Business Plan. (Attachment #12)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
13.a. First Reading Ordinance - Approving the Agreement for Services
between the City of Corpus Christi and the CC Digital Community
Development Corporation regarding Wi-Fi Network. (Attachment
#13)
13.b. Motion authorizing the City Manager or his designee to execute
a Wi-Fi Facility License Agreement with AEP Corporation.
(Attachment #13)
13.c. First Reading Ordinance - Granting to the CC Digital Community
Development Corporation a non-exclusive franchise to operate,
maintain, construct, extend, and upgrade facilities of the City of
Corpus Christi Citywide Integrated Wi-Fi Network in the Public
Rights-of-Way. (Attachment #13)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 7
14, Resolution electing to be eligible to participate in tax abatement
and adopting tax abatement guidelines and criteria. (Attachment
#14)
15 Resolution approving an amendment to the Corpus Christi
Business and Job Development Corporation's Guidelines and
Criteria for Granting Business Incentives to provide flexibility in
the approval of incentive for capital investment/facilities and to
include a definition of an enterprise facilitation. (Attachment #15)
16, Resolution by the City Council of the City of Corpus Christi,
Texas, directing publication of Notice of Intention to issue
Combination Tax and Revenue Certificates of Obligation (Landfill
Project); and resolving other matters relating to the subject.
(Attachment #16)
17.a. Ordinance appropriating $5,198,719 from the unappropriated
interest earnings from Wastewater 1995A Capital Improvement
Program Fund 4242 for the Oso Water Reclamation Plant
Electrical/Alternate Power Facility Upgrade Part 1; amending
Capital Budget adopted by Ordinance No. 026188 by increasing
appropriations by $5,198,719. (Attachment #17)
17. b. Motion authorizing the City Manager or his designee to execute
a construction contract with R.S. Black Civil Contractors,
Inc.lMachinery & Materials, Inc. (a joint venture), of Corpus
Christi, Texas in the amount of $5,118,719 for the Oso Water
Reclamation Plant Electrical/Alternate Power Facility Upgrade
Part 1. (Attachment #17)
17 c. Motion authorizing the City Manager or his designee to execute
an electrical power agreement with American Electric Power
(AEP), of Corpus Christi, Texas in the amount of $80,000 for the
Oso Water Reclamation Plant Electrical/Alternate Power Facility
Upgrade Part 1. (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
UMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 8
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 perlaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingles es Iimitado, habra un interprete
ingles-espaflol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; foJ/ow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
18. CITY MANAGER'S REPORT
*
Upcoming Items
19. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 25, 2006
Page 9
20, COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at ~; 0(1 p,m., April 21, 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 Council Meeting
April 18, 2006 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Brent Chesney
* Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Danny Spears and the Pledge of Allegiance to the
United States flag was led by Mayor Pro Tem Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of April 11,
2006. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Air.,ort Board
Jerry Kane (Appointed)
Joseph Wise (Appointed)
Sam J. Susser (Appointed)
Ed Hicks Sr. (Appointed)
Park and Recreation Advisory Committee
Garrett Dorsey III (Appointed)
Board of Adiustment
Gene Clancy (Reappointed)
Ta~r Mauck (Reappointed)
William Tinney (Reappointed)
David Loeb (Reappointed)
Charles Schibi (Reappointed)
Dan Winship (Reappointed)
Ben Molina (Reappointed)
Sister City Committee
Patricia Garcia (Appointed)
Gilberto G. Porter (Appointed)
Co.t. Bend Health Facilities Development Corporation
Jack Solka (Reappointed)
Erika Escobedo-Benson (Reappointed)
Judy Telge (Reappointed)
Dr. Richard Davis (Reappointed)
Annie J. Castro (Reappointed)
Dan Winship (Reappointed)
Curtis Rock (Appointed)
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
April 18, 2006 - Page 2
Mayor Garrett called for consideration of the consent agenda (Items 3 - 10.1). City
Secretary Chapa noted that Item 10,1 was added to the consent agenda through a separate
supplemental agenda. There were no comments from the public.
A motion was made, seconded, and passed to approve Items 3 through 10.1, constituting
the consent agenda. City Secretary Chapa polled the Council for their votes as follows:
3 a. ORDINANCE NO. 026737
Ordinance appropriating $200,000 from the Vehicle Capital Reserve in Fund 5110
Maintenance Services, transferring $47,344.88 from Wastewater Operations Fund 4200 to
and appropriating in Fund 5110 Maintenance Services for purchase of a vactor truck;
amending the FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 by
Increasing appropnations by $247.344.88.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting
"Aye"; Cooper and Scott were absent.
3.b. MOTION NO. 2006-113
Motion approving the purchase of one (1) vactor truck from Masters International, of
Arlington, Texas based on the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC) for a total amount of $247,344.88. The
equipment will be used by the Wastewater Department. This unit is a replacement. Funding
IS available from the FY2005-2006 Capital Outlay Budget in the Maintenance Services Fund
and Wastewater Operating Budget.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly. Kinnison, Marez. and Noyola, voting "Aye"; Cooper and Scott were absent.
4. MOTION NO. 2006-114
Motion approving recommendation of Arts and Cultural Commission for award of a total of
$90,369 in subgrant contracts to thirteen arts and cultural organizations, with funding of
$61,561 from the Hotel Occupancy Tax Fund and $28,808 from the General Fund. Funding
IS authorized in the FY 2005-2006 budget.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia. Kelly. Kinnison, Marez. and Noyola. voting "Aye"; Cooper and Scott were absent.
5. RESOLUTION NO. 026738
Resolution authorizing the submission of a grant application in the amount of $473,424 to
the Automobile Theft Prevention Authority to continue the motor vehicle theft enforcement
grant within the Police Department for Year 6 funding with a City cash match of $234,619
and $12,488 in-kind services, for a total project cost of $720,531 and authorizing the City
Manager or his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were
absent
Minutes - Regular Council Meeting
April 18, 2006 - Page 3
6.a. MOTION NO. 2006-115
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $30,000 from the Texas Department of Transportation for the Click It or Ticket (ClOT)
Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime
within the Police Department and to execute all related documents,
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent.
6b. ORDINANCE NO. 026739
Ordinance appropriating $30,000 from the Texas Department of Transportation for the
funding of the Click It or Ticket (ClOT) Selective Traffic Enforcement Project (STEP) 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, Garcia, Kelly, Kinnison, Marez, and Noyola, voting
"Aye"; Cooper and Scott were absent.
7 MOTION NO. 2006-116
Motion authorizing the City Manager or his designee to execute an extended maintenance
agreement with Positron Public Safety Systems, Inc., of Montreal, Canada in the amount of
$136,500.21 for hardware and software support services on the Emergency 911 System.
The term of the contract is three years.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent.
8. MOTION NO. 2006-117
Motion authorizing the City Manager or his designee to amend the scope of work and move
the location of the FY2005 Community Development Block Grant (CDBG) T.C. Ayers
Recreation Center Improvements project from 1722 Winnebago to the former Solomon
Coles Special Emphasis Elementary gym location at 924 Winnebago.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent.
9. MOTION NO. 2006-118
Motion authorizing the City Manager or his designee to execute a construction contract with
Grace Paving and Construction, of Corpus Christi, Texas in the amount of $74,615.47 for
the Casa Blanca Estates Subdivision Drainage Improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent.
Minutes - Regular Council Meeting
April 18 2006 - Page 4
10. MOTION NO. 2006-119
Motion approving the application from Clear Channel Radio, to temporarily close the
following street section for the Cinco De Mayo Celebration:
The northernmost end of Shoreline Boulevard, directly east of the Convention Center,
beginning 20 feet north of the intersection of Resaca Street and Shoreline Boulevard
northward, beginning at 10 p.m., Thursday, May 4,2006 until 10:00 a.m., Monday, May 8,
2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent.
10.1 MOTION NO. 2006-120
Motion approving the application from Buccaneer Commission to temporarily close the
following street sections for the 5th Annual "Buc Days BBQ Challenge and Rodeo" Festival,
April 15, 2006 through April 24, 2006, (Exhibit D) and the annual Buccaneer Days Carnival.
a
The temporary street closures of both legs of Shoreline Boulevard, northbound and
southbound from the north side of Power Street to the South Texas Art Museum for the 5th
Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m. April 12, 2006 to 5:00
p.m. April 24, 2006
Additionally, Palo Alto and Fitzgerald Streets from Southbound Shoreline Boulevard to Water
Street will require temporary closures for the annual Buc Days Rodeo and BBQ Challenge
beginning at 8:00 a.m. April 12, 2006 to 5:00 p.m. April 24, 2006.
In cooperation with the Texas Department of Transportation (Exhibit C)), North Broadway,
Including under US 181 Harbor Bridge, between Fitzgerald and Brewster Streets will require
temporary closure for staging of professional rodeo cowboys truckltrailers beginning, April 12,
2006 beginning at 8:00 a.m. through April 23, 2006 to 9:00 p.m.
Temporary closure of north portion of Fitzgerald Street and Resaca between North Broadway
and Mesquite beginning at 8:00 a m. on April 17, 2006 to 9:00 a.m., April 23, 2006 through
9:00 a.m.
Temporary street closure of Resaca Street from Water to Shoreline April 18, 2006 through
5:00 pm. April 24, 2006 for the Buc Days challenge and Rodeo.
b.
d
e
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were absent.
* ~ * * * * * * * * * * *
Mayor Garrett referred to Item 11, a quarterly presentation from WorkSource of the Coastal
Bend (formerly Work-Force 1). President/CEO Mary Ann Rojas briefly discussed their activities
during the last year. She noted that it had been one year since she had reported to the Council as
the new President/CEO of WorkSource
Ms. Rojas provided a number of statistics regarding WorkSource's efforts as follows: 73,141
customers to date; 8,031 job orders posted through workintexas.com; 9,965 job seekers placed in
JObs; 169 customers enrolled in training; and 72 customers successfully completed training and
found jobs
Ms. Rojas referred to a bar graph comparing unemployment figures between February 2005
and February 2006 in the Coastal Bend counties.
Minutes - Regular Council Meeting
April 18, 2006 - Page 5
Ms. Rojas discussed a number of statistics regarding unemployment data. She noted that
the average time that claimants remained on unemployment benefits was 14.2 weeks in the Coastal
Bend, compared with 13.2 weeks in the State. In addition, she said 45 percent of Coastal Bend
claimants exhausted their benefits before going back to work, compared with 39.6 percent
statewide. To address these issues, Ms. Rojas said the WorkSource Board raised the claimants'
work search requirement from three to five times a week.
Ms. Rojas described WorkSource's efforts to build community partnerships. WorkSource
had teamed with Texas A&M-Corpus Christi to share the cost for additional nursing faculty, allowing
20 additional students to receive instruction for nursing degrees. Additionally, WorkSource
partnered with the Corpus Christi Chamber to launch a talent bank for the petrochemical industry.
She mentioned that WorkSource had work skills enhancements grants (up to $10,000) for local
businesses. She said they had received a $450,000 Department of Labor grant to assist foster
youth in entering the workforce. Finally, she said WorkSource had funded two training initiatives
with Bio Tech Industries and McTurbine Components.
Ms. Rojas referred to the positive publicity WorkSource had received in the media last year.
She also launched their new logo and media campaign highlighting their new name, WorkSource
(formerly Work-Force 1).
Ms. Rojas discussed ways to build WorkSource's capacity by realigning existing
infrastructure to meet future demand. In addition, she discussed using a common sense approach,
namely planning to do more with less and share resources.
Ms. Rojas covered the issues and challenges facing WorkSource. She mentioned the
following issues: rapidly changing technology; planning for the new generation/millennial; aging
workforce/mobile workforce; labor supply must meet the business demand; Corpus Christi ranked
second in the nation in illiteracy rates, second to Laredo; and educational attainment and median
income were lagging; BRAC; WIA Budget cuts; service delivery; and "preparing" for jobs.
Ms. Rojas concluded by briefly discussed WorkSource's plans to address these issues and
challenges She stated that their goals were to establish priorities, make a greater impact, and
reach more clients while spending less. In addition, they planned to align and maximize resources,
strengthen partnerships, share common goals, and deliver a common message.
Mr Garcia expressed concern about the city's illiteracy rates. He asked how the city's
illiteracy rates affected the types of available jobs and the pay rates. He also asked how
WorkSource was spreading the word about job opportunities in the community. Ms. Rojas replied
that the WorkSource Board of Directors had discussed the illiteracy problem but had not developed
a plan to address it yet. She said the Chamber of Commerce's workforce education committee was
developing a strategic plan that they would put into action. Regarding WorkSource's efforts to
publicize their efforts, she said they used the Chambers of Commerce as one way to spread the
word. Mr. Garcia said the Council supported any efforts to enhance the education of the city's
workforce. He felt that a better-educated workforce would attract better job opportunities. Ms. Rojas
replied that in her opinion, the best strategy was to have a trained workforce that would attract those
lobs
Mr Kelly noted that Ms. Rojas' presentation did not provide detailed information on their
Initiatives or any data on their effectiveness. He also expressed concern that Ms. Rojas did not
present a detailed plan for the future either. Ms. Rojas stated the WorkSource Board would
complete their strategic plan next month. She stated that looking at the big picture, it was the
partnerships and collaborations that were important. Mr. Kelly asked for more information on their
Minutes - Regular Council Meeting
April 18. 2006 - Page 6
plans to create partnerships. Ms. Rojas replied that she only intended to provide a brief summary
of their activities today. She said she could send him more detailed information on their initiatives,
or come back for another presentation. Mr. Kelly stated that in the future, he preferred that
WorkSource's quarterly reports provide more detailed information on their activities, with data
supporting their findings.
Mr Scott shared Mr. Kelly's frustration about the lack of detail in Ms. Rojas' presentation.
He asked for more detailed information on how WorkSource planned to address the city's illiteracy
rates. Ms. Rojas replied by briefly describing WorkSource's education partnerships with other
agencies, such as Flint Hills. She stated that the low illiteracy rates were a community-wide
problem, and no single entity was responsible for improving the rates. The solution needed to come
from the community. Mr. Scott acknowledged that it was a community-wide problem, but pointed
out that the city's illiteracy rates must be of special concern to WorkSource since it affected their
ability to train and employ clients. He suggested that her agency may want to take the lead on the
Issue. City Manager Noe confirmed that a single, community-wide plan to address education and
illiteracy rates did not currently exist
Mr Scott expressed concern about the lack of detailed information in Ms. Rojas's report.
He asked her to refrain from using this report format in the future.
Mr Noyola suggested that the city could hold a roundtable discussion to develop a
community-wide plan on illiteracy and education. He said that WorkSource might consider leading
the effort. Mr. Scott suggested that the National League of Cities might be a good resource for
Information on what other cities are doing.
. * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 12 regarding the request from Metro Ministries Inc.
to reallocate FY 2005 CDBG and HOME funds. Community Development Administrator Jonathan
Wagner stated that per Metro Ministries' request, staff was requesting authorization to amend the
scope of work and move the project location from 3115 McArdle to 1906 Leopard, with funds
provided from the FY 2005 CDBG and HOME programs.
Mayor Garrett asked for public comment Mr. Andrew DuArte, 1203 Van Loan, spoke as
vice-president of the Hillcrest Residents Association. He spoke in support of Metro Ministries, and
said the scare tactics used to defeat the McArdle project appalled him.
Mr. Abel Alonzo, 1701 Thames, spoke in support of Metro Ministries. While the residents'
opposition to the McArdle project did not appall him, he stated that the city needed to get away from
a NIMBY attitude.
Mr. Garcia reported that he toured the Metro Ministries' Leopard facility with President/CEO
Sean Michael Hazuda. He made a motion to approve Metro Ministries' reallocation request,
seconded by Mr. Noyola. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
April 18, 2006 - Page 7
12.a. MOTION NO. 2006-121
Motion authorizing the City Manager or his designee to amend the scope of work and move
the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi
Metro Ministries, Inc., with funds provided from the FY2005 Community Development Block
Grant (CDBG) Program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
12.b. MOTION NO. 2006-122
Motion authorizing the City Manager or his designee to amend the scope of work and move
the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi
Metro Ministries, Inc, with funds provided from the FY2005 HOME Investments Partnerships
(HOME) Program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 13 regarding a construction contract for the Storm
Sewers Extensions - Group "B" projects. City Engineer Angel Escobar explained that the proposed
contract consisted of the extension of storm sewer pipes to properly drain the following locations:
Vifla Drive Drainage Improvements, Phase 1 from Agnes to Baldwin; Greenwood Park Area
Drainage Improvements, Phase 1; and Milky Way Drive Outfall Improvements. He said the
proposed project was part of the Council-approved Storm Water Capital Improvement Program's
$55 million list of priority projects. He said the "Group B" projects would complete the minor citywide
storm sewer improvements. He described the proposed work for each project.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
13. MOTION NO. 2006-123
Motion authorizing the City Manager or his designee to execute a construction contract
with SLC Construction, L.P., of Conroe, Texas in the amount of $1,223,591 for the Storm
Sewer Extensions - Group "8" Projects:
* Villa Drive Drainage Improvements, Phase 1, Agnes to Baldwin
* Greenwood Park Area Drainage Improvements, Phase 1
* Milky Way Drive Outfall Improvements
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 14 regarding a resolution supporting the extension
of 1-37 or 1-69 to the Rio Grande Valley. Special Assistant to the City Manager Tom Utter stated that
a large coalition of South Texas counties, cities, and ports supported the extension of either 1-37 or
1-69 from the Corpus Christi area south to the Rio Grande Valley. He said the coalition was
requesting resolutions of support for the project from the communities, counties, and organizations
to be affected. City staff recommended Council approval of the resolution.
Minutes - Regular Council Meeting
April 18 2006 - Page 8
Mr Utter introduced Cameron County Commissioner David Garza and Assistant Director of
Transportation David Garcia, who were in the audience today. Commissioner Garza stated that the
coalition was formed as the result of TxDOT studying on the possible interstate routes to the Rio
Grande Valley. The estimated construction costs indicated that the most cost-effective route to the
Rio Grande Valley was through U.S. 77, at approximately $700 million. The alternative route was
through Hwy. 281, but the estimated costs were $2.1 billion. Therefore, he said the coalition was
asking for the Council's support of the U.S. 77 route for the interstate because of the potential
economic benefits to the area. He asked the Council to support today's resolution.
Commissioner Garza noted that Harlingen, Cameron County, the Port of Brownsville, and
San Benito had all pledged funding for project construction. With an innovative financing plan, he
said the coalition hoped to assist TxDOT with the project costs so it could be completed within the
next five to ten years. TxDOT's proposed TransTexas Corridor, on the other hand, would not be
completed until 25 years.
Mr Scott applauded the coalition's efforts and Commissioner Garza's leadership, saying it
was good to see local communities taking charge rather than relying on larger governmental entities.
Commissioner Garza announced that on April 27, the coalition had invited the Texas
Transportation Commission to hold a meeting at 9:00 a.m. in Brownsville's event center. The
commission would be considering two important agenda items affecting the South Texas area. He
invited the Council to attend and show their support. Mayor Garrett said he planned to attend.
In response to Mr. Scott's question, Commissioner Garza stated that the 1-69 project would
be funded primarily through federal dollars. The coalition's project, in contrast, would be funded
through numerous partnerships to defray the costs. Mr. Scott spoke in support of the coalition
because the effort didn't rely exclusively on the TransTexas Corridor or the 1-69 projects to provide
interstate-quality transit between the Corpus area and the Valley. He said if the area built
transportation systems that could effectively move commerce, then the rest would take care of itself.
Cameron County Assistant Director of Transportation David Garcia provided an update on
the proposed TransTexas Corridor He said the TxDOT Commission was considering an upgrade
of the existing highway, be it U.S 77 or Hwy 281. He said the commission had given every
Indication that U.S. 77 was a strong contender, but the affected communities had to put their money
on the table to make it happen. Mr. Scott asked if there were any significant right-of-way issues
Involved Commissioner Garza replied that with the exception of two areas, the need for additional
right-of-way was negligible City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 026740
Resolution Supporting the Extension of 1-37 or 1-69 to the Rio Grande Valley of Texas.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent
* * * * * * * * * * * * *
Mayor Garrett referred to Item 15.a., and a motion was made, seconded, and passed to
open the public hearing on the following issue:
Minutes - Regular Council Meeting
April 18, 2006 - Page 9
15.a. Public hearing on proposed orders of the Corpus Christi-Nueces County Public Health
District related to food establishment permits and certification of food managers.
Acting Director of Public Health Annette Rodriguez explained the public hearing was required
to approve a new Interlocal Agreement for environmental health services to the City of Port Aransas
from the Corpus Christi-Nueces County Public Health District. The agreement would allow the
Environmental Health Division to permit food establishments and perform food service inspections,
Finally, she said the agreement required approval from both the city and Nueces County.
There were no comments from the public. Mr. Garcia made a motion to close the public
hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their
votes as follows:
15.b RESOLUTION NO 026741
Resolution approving orders of the Corpus Christi-Nueces County Public Health District
to conduct food establishment permitting and certification of food managers.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
15.c. RESOLUTION NO. 026742
Resolution authorizing the City Manager or his designee to execute on behalf of the City of
Corpus Christi an Interlocal Agreement between the Corpus Christi-Nueces County Public
Health District and the City of Port Aransas to conduct food establishment permitting and
inspections.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper and Scott were
absent.
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
17. Executive session under the Texas Government Code Section 551.071 regarding the claim
of Minandro Mojica III, Rhonda Mojica, and Marilyn C. Dietz, and purchase of property
located at 5025 Edinburg Circle, with possible discussion and action related thereto in open
session,
The Council went into executive session. The Council returned from executive session and
the foHowing motion was passed with the following vote:
Minutes - Regular Council Meeting
April 18, 2006 - Page 10
17 MOTION NO. 2006-124
Motion authorizing the City Manager, or his designee, to execute documents settling the
claim of Minandro Mojica III, Rhonda Mojica, and Marilyn C. Dietz, by purchase of property
located at 5205 Edinburg Circle, and payment of relocation costs, for a total sum of
$162,000.00 plus closing costs.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
* * . * * * * * * * * * *
The Council returned from recess. Mayor Garrett called for petitions from the audience. Mr.
John Howell, 6617 Park Wind Drive, spoke in support of the city's WiFi initiative.
Ms, Priscilla G. Leal, 4738 Cheryl Drive, spoke against allegations that activists falsely
reported that a sex offender resided at the Metro Ministries' Leopard location to scare area residents
opposed to a proposed McArdle location. She presented a copy of a sex offender form, which she
said was obtained through an Open Records Request, where the offender had listed his address
as 1919 Leopard
Mr. Chesney took exception to Ms. Leal's comments, saying that Metro Ministries had
repeatedly denied that the sex offender lived at their Leopard location. He said the sex offender had
simply listed a false address. He was upset that the activists had continued to disseminate the
report despite Metro Ministries' denials. Ms, Leal stated that if the information was incorrect, the city
was to blame.
Mr, Rolando Garza, 4738 Cheryl Drive, clarified that at last week's meeting, his statement
regarding the Council's attitude toward the residents' opposition to the McArdle facililty was primarily
directed at two Council members, not the entire Council. He accused the Council and the Caller-
Times of speaking out against the opposition effort in this case because the residents were Latinos.
Mr. Chesney denied that he had ever blamed the residents for opposing and ultimately
defeating the project; rather, he opposed the dissemination of false information in the effort. In
retrospect, he said the project should have been discussed in a public forum. He spoke in support
of Metro Ministries' project
Mr Scott cited several controversial cases (e.g. Knucklehead's zoning case and Meldo Park
case) in which he had supported the business owner's right to develop a business if they adhered
to city ordinances and regulations, despite residents' opposition and his own concerns. He was also
disturbed by media interviews with individuals stating that a sex offender was living at the Metro
Ministries' Leopard Street location, He was upset that this misinformation was apparently being
communicated to the neighborhood. He understood the residents' objections to the project.
However, he still supported Metro Ministries' project.
Mr. Kelly stated this it was unfortunate that Mr. Garza chose to couch the issues in racial
terms. He said in his experience, the Council had not taken any position on the issues based on
race.
Mr Abel Alonzo spoke about his concerns about the community's high illiteracy rates and
Minutes - Regular Council Meeting
April 18, 2006 - Page 11
high school drop out rates He spoke in support of increasing economic opportunities for young
people in the city, including minimum wage jobs.
*************
Mayor Garrett called for a brief recess until 1 :00 p.m. for the CDBG public hearing.
. * * * * * * * * * * * *
* (Ms. Cooper arrived at 1 :00 p.m.)
The Council returned from recess. Mayor Garrett referred to Item 16.a., and a motion was
made, seconded, and passed to open the public hearing on the following issue:
16.a. Public hearing to receive public comments regarding the City of Corpus Christi's proposed
FY2006 Consolidated Annual Action Plan (CAAP) for the Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants
(ESG) Programs.
City Secretary Chapa announced that Council Members Marez and Noyola would like to
make disclosure statements.
Council Member Noyola made the following statement:
"I publicly disclose that I serve as a member of the Casa Manana board, which has an
association with Glen Oak
I further disclose that my brother-in-law is a member of the Del Mar College Board.
I will obtain no financial interest or benefit from a CDBG or HOME activity.
I will have no financial interest in any contract with respect to a CDBG or HOME activity or
its proceeds.
My brother-in-law will have no financial interest in any contract with respect to a CDBG or
HOME activity or its proceeds.
I will abstain from participation in all deliberation and voting of funding related to Glen Oak
and Del Mar College."
Council Member Marez made the following statement:
"I publicly disclose that through my profession, I regularly deal with the Nueces County
Children's Advocacy Center and the ARK Assessment Center and the Emergency Shelter for
Youth.
I will obtain no financial interest or benefit from a CDBG or HOME activity.
I will have no financial interest in any contract with respect to a CDBG or HOME activity
or its proceeds.
I will abstain from participation in all deliberation and voting of funding related to Nueces
County Children's Advocacy Center and the ARK Assessment Center and the Emergency Shelter
Minutes - Regular Council Meeting
April 18. 2006 - Page 12
for Youth."
Assistant City Manager Oscar Martinez stated the Council was holding the public hearing
to receive comments on the city's proposed FY2006 Consolidated Annual Action Plan (CAAP),
comprised of the CDBG, HOME, and ESG programs. Staff had reviewed and compiled a project
list for the Council's review and recommendations (see Attachment "0" included as part of the
minutes) He said all three program allocations totaled approximately $8 million, primarily for
projects to improve the quality of life, promote homeownership, and assist the homeless population.
In the future, Mr. Martinez stated the city's goal was to align staff so they functioned as agents of
the city rather than agents of HUD. He mentioned the importance of aligning the HUD program with
community goals. Additionally, he said staff considered including the CDBG funding stream in the
operating and CIP budgets to ensure that the initiatives were accomplishing community goals.
Community Development Administrator Jonathan Wagner made a brief presentation on the
FY 2006-07 Consolidated Action Plan. He reviewed the purpose of the CDBG, HOME, and ESG
programs. He displayed charts depicting the amount and type of expenditures in each program
between FY 2002 and January 2006.
Mr Wagner discussed the FY 2006 Annual Action Plan entitlement allocation, which totaled
$5,330,306 and was comprised of the following allocations: CDBG - $3,489,407; HOME -
$1,666,004; ESG - $149,325; and ADDI (American Dream Downpayment Initiative) - $25,570. He
said additional funds were available through the following funding source: CDBG program income
. $800,000; CDBG reprogrammed funds - $644,743; HOME program income - $328,306; HOME
reprogrammed funds - $849,105. Consequently, the total funds available in the FY 2006 CAAP
were $7980,816
Mr Wagner discussed the citizen's participation process, which included two public
hearings, one with the Planning Commission and one with the City Council.
Mr Wagner referred to Attachment "0", and stated that staff and the Planning Commission
had agreed on all of the recommended projects with the following exceptions: CDBG - Code
Enforcement, Boys and Girls Club, and Corpus Christi Metro Ministries projects; and HOME -
Corpus Christi Metro Ministries, LULAC West Park Apartments (Trust) and TG-110, Inc. - Glen Oak
Apartments projects. Mr. Wagner noted that Item 12 on today's agenda reallocated FY 2005 CDBG
funding for the Metro Ministries' project at their request.
Mayor Garrett asked for public comment. Ms. Priscilla G. Leal, 4738 Cheryl, asked the
Council to consider funding the CDBG - Area Drainage Improvement Phase 2B - Helen and
Theresa Streets project, which had not been recommended by staff. Mr. Noyola asked why the
project wasn't being funded this year. Assistant City Manager Martinez stated that the project was
a priority, but this year other funding priorities were placed ahead of it. Mr. Noyola stated that he
and the residents were led to believe that the project would be funded and completed. He said if
the $844,00 was too costly to be funded through CDBG funds, then the city should have placed it
on the bond issue project list. He said this area had been neglected and he was disappointed that
the project was not being recommended for funding again.
Mr Rudy Cantu with the Nueces County Community Action Agency, spoke in support of
staff's recommendation to fund HOME - Nueces County Community Action Agency Cap Estates II,
Phase III project
Mr Larry Rodriguez spoke in support of staffs recommendation to fund COBG - Project
Nueces County Community Action Weatherization project.
Minutes - Regular Council Meeting
April 18. 2006 - Page 13
Ms. Phyllis Finley spoke in favor of staffs recommendation to fund ESG - Women's Shelter
of South Texas project
Ms. Anne Baker spoke in support of the staffs recommendation to fund the CDBG - Boys
and Girls Club project. but asked the Council to increase the funding to at least $100,000.
Mr. Sean Michael Hazuda spoke in support of staffs recommendation to fund the Corpus
Christi Metro Ministries CDBG and HOME projects. He showed a brief PowerPoint presentation.
Ms. Katherine Smith, former Metro Ministries client, spoke in support of the agency and its
programs
Mr. Juan Cardenas spoke in support of staff's recommendation to fund the ESG - The Ark
Assessment Center project.
Ms. Ginger Flewelling-Leeds with the Homeless Issues Partnership (HIP) spoke in support
of staff's recommendation to fund the CDBG - HIP Administrative Director project.
Mr. Mike Carrell with the Community Development Corporation (CDC) spoke in support of
staffs recommendation to fund the HOME - CDC New Construction Homebuyer Program.
A motion was made, seconded, and passed to close the public hearing.
Council members asked questions about the CDBG - CDBG Program Administration, Cole's
Gym, Emergency Home Repair, Rehabilitation Services projects, Mike Zepeda Park, Metro
Ministries Projects.
Mr Noyola spoke in support of funding the CDBG - Mike Zepeda Park project, which had
not been recommended by staff.
Mr Scott spoke in support of increasing the allocations for the CDBG - Boys and Girls Club
by $50,000 and Corpus Christi Metro Ministries by $25,000. He asked City Manager Noe to
recommend the projects that could be cut to increase funding for the aforementioned projects.
Incorporating Mr. Noe's suggestions, Mr. Scott made a motion to reduce the funding by $25,000 for
the following CDBG projects - Comprehensive Planning Assistance, Heritage Park Mary-Carroll
House, and Mortgage Services; and increasing the allocations for the Boys and Girls Club by
$50,000 and Corpus Christi Metro Ministries by $25,000. Mr. Garcia seconded the motion, and it
passed.
Mr. Kelly expressed concern about eliminating the allocation for the Mortgage Services
position. City Manager Noe replied the allocation would fund a loan processing position, and did
not affect loan-counseling services. Director of Neighborhood Services Yvonne Haag stated that
while the loan program was currently using temporary services to catch up on paperwork, she
acknowledged that the loan counseling services would not be affected.
Mr Noyola asked for Mr. Noe's suggestions on a way to reallocate funds to the Mike Zepeda
Park project. Incorporating Mr. Noe's suggestion, Mr. Noyola made a motion to reduce the
allocation from the CDBG - ADA Compliance CDBG Tracts project by $25,000 and increase the
allocation to the Mike Zepeda Park project by $25,000. The motion was seconded and passed.
Mayor Garrett spoke in support of increasing the funding to the ESG - Women Shelter
project. City Manager Noe said it would be difficult to reallocate funds to this project because of
reduced grant levels. He said staff was working with HIP to apply for grants to secure additional
discretionary dollars to supplement the programs.
Minutes - Regular Council Meeting
April 18, 2006 - Page 14
The Council decided to approve the FY 2006 CAAP today rather than consider it at a second
meeting City Secretary Chapa polled the Council for their votes on the following motion:
16.b. MOTION NO. 2006-125
Motion to approve the City of Corpus Christi's FY 2006 Consolidated Annual Action Plan
(CAAP) for the Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs as recommended
by staff and amended by the Council, and a copy of which is attached.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". (NOTE: Marez
abstained from the vote and discussion on The Ark and Nueces County Children's Advocacy
Center projects; Noyola abstained on the vote and discussion on the Glen Oaks and Del Mar
College projects).
Mr Chesney asked why it was necessary to hold one public hearing with the Planning
Commission and one with the Council. Mr. Daniel Gallegos with Neighborhood Services replied that
federal regulations required two hearings, but City Manager Noe clarified that both hearings could
be held before the City Council. Mayor Garrett and Mr. Noyola spoke in support of holding both
hearings before the Council. Mr. Garcia asked for more information on the pros and cons of this
action. Assistant City Manager Martinez said staff could research the policy and see what other
communities were doing as well, and compare with federal regulations.
* . * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported that this
Thursday from 7:30 a.m. to 4:00 p.m., the Health Department was holding a pandemic influenza
discussion at the Corpus Christi Christian Fellowship building, 6602 S. Staples.
City Manager Noe reported that the Renewal Community bus tour was also taking place next
Thursday at 9:30 a.m. and 1 :45 p.m. from Agua Java. The tour was approximately two hours.
Mr Noe reported that a NIP Site #14 Progress meeting would be held tonight at 6:00 p.m.
at the Gateway Christian Center, 925 NAS.
Mayor Garrett reminded the public that the Suc Days Parade would be going down Leopard
Street soon, and he asked staff to be ready.
Mayor Garrett called for Council concerns and reports. Mr. Noyola reported that when he
went to the Packery Channel beach this Sunday. He said a beachgoer complained about the lack
of restrooms in the area. City Manager Noe said restrooms were planned for the area, but the
funding wasn't in place yet to construct them. Mr. Noyola asked the city to place portable toilets in
the area. Mr. Noe agreed
Mr. Noyola stated that a piece of curb was missing by the gutter near the Peter Piper Pizza,
Mission Place Center near SPID and the Crosstown Expressway. He said a constituent had gotten
into an accident because of the missing curb, and he asked staff to look into it.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:30 p.m. on April 18, 2006.
~ ~ * * * * * * * * * * *
Rev. 04/20/06
CITY OF CORPUS CHRISTI
FY2006 CONSOLIDATED ANNUAL ACTION PLAN
APPROVED FY2006 CDBG PROGRAM
ATTACHMENT "0"
FY2006 CDBG Allocation
Reprogrammed Funds
Program Income from Rehabilitation Program
Program Income from Demolition Liens/Clearance of Vacant Properties
T TAL FUNDS AVAILABLE FOR FY2006 CDBG PROGRAM
A A ompliance COBG Tracts
IThe need to address ADA Compliance is a City priority and is being handled as funds become
available The city with the assistance of the Committee for Persons with Disabilities will
identify the needs for accessibility routes, especially where curb cut ramps and sidewalks do
not exist. The Committee for Persons with the Disabilities has deemed accessibility to the
transportation service as priority one in the criteria for prioritizing requests for ADA
improvements. This project would enable the City/RT A to address the needs for ramps and
sidewalks within the existing bus routes where none exist in CDBG areas. The funds for the
construction for this project will be requested annually to allow the City to address this need.
The specific locations of accessible routes will be identified to meet the priority needs and
CDBG Program Administration
This project will fund staff salaries and administrative costs. Staff is responsible for
administering the Community Development Block Grant (CDBG), the HOME Investment
Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG,
HOME and ESG federal regulations, conducts public hearings/meetings, reviews propose
projects and activities to determine funding, eligibility, monitors subrecipients, provides
technical assistance, conducts environmental assessments of funding projects/activities and
enforces Davis Bacon federal wage rate requirements.
I Clearance of Vacant Properties Program
I This aCltivitly will entail the clearance of vacant properties by the removal of weeds, rubbish,
Ibrush, debriS accumulations; and other unsightly, objectionable or unsanitary matter in all
CDSG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas.
I Liens may be placed against the properties to cover the cost incurred.
I
I Code Enforcement Program
This project will fund salaries and benefits for (4) Code Enforcement Inspectors, (2) Project
I Coordinators and (1/2) Support Clerk. The Inspectors/Project Coordinator are responsible for
! inspecting within the CDSG Target areas for violation of City code and health ordinances.
IThis entails adding one more project coodinator to support the NIP
Icole's Gym
IThiS project includes renovations throughout the gym and address ADA compliance: Phase 1
of 2 year project
I Comprehensive Planning Assistance
iTo support continuous comprehensive planning activities Including: data collection, population
IprOjections land use surveys, maintenance of development regulations, staff training/travel
land other activities designed to update comprehensive plan elements or implement adopted
Iplans.
IOemOlitiOn Program
'The removal of unsafe structures is a pnority in neighborhood revitalization within the
community The Code Enforcement staff identifies structures that are unoccupied, unsecured
and dilapidated Liens may be placed against the properties to cover the cost incurred for the
I demolition
$50,000
$508,000
$200,000
$247,000
$40,698
$53,000
$200,000
Emergency Home Repair Grant Program
Emergency repair grants up to $6,500 are provided to homeowners who are 65 years old or
older or disabled and very :ow !ncomeA. majority of the repairs are for roofing, plumbing,
electrical, heating and minor structural 't is anticipated that emergency repairs will be
performed on 84-100 units
i Garcia Arts Education Center - Area Street Improvements Phase 1 & 2
iThe Garcia Arts Education Improvements define the following streets in this project as: 17th
I Street - Agnes Street to Marguerite Street; 18th Street - Agnes Street to Mary Street;
I Marguerite Street - 17th Street to 18th Street: The project includes ADA requirements, curb
I and gutter and sidewalks The Wastewater and Storm water Departments are funding the utility
iwork ThiS request is for construction and needs to be identified as such. These funds will
!complete the project which is needed to advertise, bid and start construction
!Heritage Park Mary-Carroll House
!Renovate newly obtained Mary-Carroll House
I HIP Administrative Director
I Provides administrative support to the Board of Directors of the Homeless Issues Partnership,
I' Inc. and works to further the mission of the Copus Christi/Nueces County Continuum of Care,
. in conjunction with City staff, County staff, and the membership of the organization.
t
I Historic Preservation
ITo support a National/Register Nomination of the former medical office of Dr Hector P. Garcia
I located at 1315 Bright St. In Corpus Chnsti, TX The nomination process will require the
I preparation of an application through the Texas Historical Commission by a consultant.
I Mike Zepeda Park' ..
,Provide for playground equipment and unit enclosure, ADA accessible entrance, improve the
i pavilion roof
I. --..--,.,
IMortgage Services
iThe funds being requested are for the operations of our mortgage services section and
linclude the salaries of one staff person that handles the servicing of all loans provided through
I
Ithe City's Smgle Family Rehabiliation Loan Program. Our request includes funding for one
ladditional staff person that will assist the one person currently handling all mortgage services.
I Mortgage Services is currently serving 850 different types of loans.
i
!
'I Rehabilitation Services
The funds being requested are to pay the salaries of staff that provide support services for the
I Rehabiltation Loan Program, Emergency Home Repair Grant Program, Homebuyer Programs,
Mortgage Counseling, Homebuyer Classes and Rental Rehabilitation Loan Program. These
I programs are designed to assist low and very low income households. Services include loan
proces~lng developing specifications and ~Ians, monitoring of constr.uction projects th~ough
I inspections, processmg of homebuyer applicants; conductrng Inspections; and conducting
i homebuyer classes.
I Renewal Community -
IThe City of Corpus Christi Economic Development office is requesting CDBG funds to initiate
loutreach and marketing activities in the original and expanded Renewal Community. These
I' outreach include contracting for profeSSional services to assist businesses in completing the
I Commercial Revitilization Deduction Applications, completing forms associated with tax
credits and deductions.
i
Residential Traffic Management Program
This program includes the possibility for residents to share in the cost of the installation of
speed humps under certain conditions. The purpose of this request is to allocate CDBG funds
I to bear the residents' share of Installation costs in qualified CDBG eligible tracts.
$500,000
$181,000
$50,000
$15,000
$15,000
$25,000
$54,000
$677 ,000
$20,000
$12,000
ft -- '" ~~ ~rn"''''~1
"" 1;!W *'.", o:/, ~'" ! '" )~~ l 4 18 (~M~,:; ~~ 'h 11 4*A'1.\'~~# "J&fqH,,,~ ' $<: L 'liUfi"~
" I " , t' , ^' ~ ^ 't ";;^~ ,,,MW4!il,, _ k ~ /', "i ,N ~ ~l ~ 1 ^.. ,';
v ,~f '" ~ ~ ~ {If.;(f ~,n'"" ""fi~ " j ,,,..'" i 1 , \( o! lli
~ _~ _____ _ il ~_~~_:....--=-__~__':..-.-~~~~~~_~_~
ISF Rehabilitation Loan Program
I
!The Single Family Rehabilitation Loan Program provides zero percent and three percent
I
!interest loans to homeowners Interested in rehabilitating their homes. It is estimated that 5-10
II units will be rehabilitated and 15-20 units will be reconstructed These funds will also be used
,to demolish and relocate homeowners being asisted with the reconstruction of their homes.
IThe funds provided for demolition and relocaton will be provided as a grant to the homeowner.
I
I
ISouthmoreland Addition Area Street Improvements 38 and 48 - Part 1: Fannin & Lewis
1st. btw Fannin & Norton
The Project consists of construction of 28 ft 8-8 street pavement, curb, gutter, sidewalk, ADA
requirements, driveways, undergound drainage and utilities for Phase 38 & 48. This is the
second of three years to complete the project.
$1,074,000
$155,000
The Weed and Seed Program
This will fund staff salaries for the support Weed and Seed Program is a comprehensive multi-
agency approach to combating violent crime, drug use and gang activity in high crime
neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the
same time "seed" the target areas with a wide range of crime prevention programs and
I Human Services to prevent crime from reoccurring within the target areas.
ICity Projects Total
$50,000
$4,126,698
Boys and Girls Club of Corpus Christi
Phase IV of our Sports Complex includes the construction of one Soccer/Flag Football Field,
additional parking on the south side of the complex, installation of bleachers, scoreboards,
press box and sidewalk areas
Corpus Christi Hope House
This project entails the renovation and improvement of the living conditions for the residents at
658 and 630 Robinson
Corpus Christi Metro Ministrtes
COBG funds will assist with asbestos abatement removal and replacement of flooring,
removal and replacement of windows, demolition, carpentry, painting, electrical work,
plumbing architectural fees, contractor fees and advertising
Del Mar College Small Business Development Center
Del Mar College IS requesting funds to expand the enhanced "Business Resource Center,"
This request includes funding for office space for four business related organizations; salaries
for a full time outreach coordinator, a Micro Loan Program Administrator, a part time
administrative assistant, and a part time industry expert; plan room for reviewing, searching
and accessing government contracts
National Archives and Historical Foundation of the American G.I. Forum of the U.S.
This proposed project calls for a challenge grant of CDBG funds to be matched by the agency
in an amount equal to almost 2 to 1. This project includes the complete rehabilitation and
renovation of the former office of Dr. Hector P Garcia, together with the acqusition of
additional land for parking and the expansion of the original office. The first result of the
project will be the elimination of the terrible blighting influence of the now vacant and
deteriorating building.
Nueces County Children's Advocacy Center - Phase 1
To house, In one building, members of agencies required to conduct child abuse
Investigations This will allow for a multidisciplinary team approach to handling child abuse
cases and better serve the community
Nueces County Community Action Agency
Weatherize and make modifications to homes of families of low to moderate Income and
families with disabilities
$100,000
$30,808
$125.000
$150,000
$250,000
$100,000
$80,000
$835,808
$4,126,698
$4,962,506
APPROVED FY2006 ESG PROGRAM
911 Park Place, dba Mission 911
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Provision of
Homeless Prevention including short-term subsidies, security deposits or
1 st moth's rent, mediation programs, legal services and payments to
prevent foreclosure on a home Maintenance and Operation including rent,
iinsurance, utilities and furnishings.
Catholic Charities
Provision of Homeless Prevention Including short-term subsidies, security
deposits or 1st moth's rent, mediation programs, legal services and
payments to prevent foreclosure on a home.
Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's
Place
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless.
Maintenance and Operation including rent, iinsurance, utilities and
furnishings.
Corpus Christi Hope House
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Payment of
maintenance. operations including rent, insurance, utilities and furnishings.
Corpus Christi Metro Ministries
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Provision of
Homeless Prevention including short-term subsidies, security deposits or
1 st month's rent. mediation programs, legal services and payment to
prevent foreclosure on a home Payment of maintenance, operations
including rent, insurance, utilities and furnishing.
Mary McLeod Bethune Day Nursery, Inc.
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Payment of
maintenance. operations including rent, insurance. utilities and furnishings.
The ARK Assessment Center and Emergency Shelter for Youth
ProviSion of Essential Services including services concerned with
employment, physical health and education of the homeless. Payment of
maintenance, operations, including rent, insurance, utilities and furnishings.
The Salvation Army
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Payment of
maintenance, operations including rent, insurance, utilities and furnishings.
$10,662
$13,000
$10,663
$13,000
$43,000
$13,000
$13,000
$13,000
The Women's Shelter of South Texas
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Provision of
Homeless Prevention including short-term subsidies, security deposits or
1 st month's rent. mediation programs, legal services and payment to
prevent foreclosure on a home Payment of maintenance, operations
including rent, insurance, utilities and furnishings.
TOTAL
$20,000
$149,325
APPROVED FY2006 HOME PROGRAM
FY2006 Allocation
American Dream Downpayment Initiative (ADDI)
Reprogrammed Funds
Program Income
TOTAL FUNDS AVAILABLE FOR FY2006 HOME PROGRAM
CCCIC.
CDC New Construction Homebuyer Program
Construction of new single family multi-housing units. The units must
remain affordable for a minimum of 20 years. These funds will be used by
the CDC. A deferred forgivable loan, not to exceed $20,000, payable after
the 1 st mortgage is paid, will be provided to low income home buyers for
the purchase of a home. The amount of the deferred loan will be based on
HUD Income limits These funds will assist approximately 17 low to
moderate income families These funds may be applied towards the Model
block ro ram.
HOME AdministrationlTechnical Assistance
Administrative funds for staffing, planning, oversight, coordination, staff
supervision, monitoring and evaluation, contracting,
record keeping/reporting and overall program management Technical
assistance will be proVided to enhnce the capacity of CHDO's, nonprofits,
owners/investors orfof rental property and other organizations that may
participate in the program May include administrative funds for direct
operating support for the CHDO's.
Homebuyer Assistance Program
A deferred, forgivable loan not to exceed $5,000 will be provided to low
income, homebuyers for the purpose of meeting down payment and closing
costs ex enses
Homebuyer Assistance Program - ADDI
A deferred, forgivable loan not to exceed $5,000 will be provided to low
income, first-time homebuyers only for the purpose of meeting down
payment and closing cost expenses.
Major Rehabilitation
PrOVide loans tolow income homeowners to assist them with major
rehabilitation of their homes.
Minor Rehabilitation
PrOVide emergency grant to very low Income homeowners to assist them
with minor rehabilitation of their homes
Model Block Program
Neighborhood Services Department IS requesting support for the
neighborhood revitalization projects within the Model Block Program that
will be dedicated for the purchases of land, housing rehabilitation, new
construction of single family housing, homebuyer assistance and other
eligible improvement projects to be established by the participating
neighborhood.
Subrecipients/Other Entities
Buena Vida Senior Village
New senior development of 120 units of rental apartments for low and
moderate income residents 55 or over HOME funds will be combined with
Housing Tax Credits and conventional financing to construct this property.
$250,000
$166,600
$450,000
$25,570
$100,000
$100,000
$550,000
$126,815
CIi!f Maus Village Trust
Replacement of water lines servicing the apartment building units on the $100,000
property
Corpus Christi Metro Ministries
The proposed project costs include appropnate contractor and architectural
fees. asbestos abatement by a qualified contractor, removal and $125,000
replacement of flooring and windows, the installation of a heating,
ventilation and air-conditioning system, necessary demolition, carpentry,
painting, electrical and plumbing improvements.
Costa Tarragona II, L TO
New construction 250 unit Multi family project located in Corpus Christi, $150,000
Projet will be 100% affordable serving families at 60% AMI and 50% AMI.
LULAC West Park Apartments (Trust)
Rehabilitation of a 124 unit multifamily development; 1,2,3 bedroom
apartment units. serves families at or below 60% of the area median $125,000
income; 124 HouslngA.ssistance Program units; approximately 35 years
old
Nueces Loft Apartments
Adaptive reuses of a historic downtown building from office space to rental
apartments Project costs include construction and development costs
related to the change from existing office use to residential apartments
exclusive of acquisition and commercial tenant finish costs. The completed $300,000
development will have sixty six loft style apartment units with twelve
apartment units set aside for low income residents. The HOME Funds are
requested as a subordinate loan to be repaid from the developments of net
operating income.
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S (CHDO's)**
NUECES COUNTY COMMUNITY ACTION AGENCY
NCCAA proposes to utilize the funds to assist CAP Estates II, Phase III, $200,000
prOVide down payment and closing cost assistance to seventeen families
800t, or below the area median Income
TG 110 - GLENOAK APARTMENTS
Request funds to rehabilitate the exterior surfaces of all buildings consisting
of re-roof all buldings; add storm Windows with solar screens; add security
lighting. add ADA accessiblitiy route add new gutters and downspouts. $210,000
The project also has reeds of intenor rehabilitation work, replace all kitchen
cablnets/countertops, replace all bath fixtures. replace water heaters (49),
replace HVAC condensers (38\
CCCIC Proiects Total $1,642,170
Subrecipients/Other Entities Total $926,815
CHDO's Total $410,000
-
TOTAL $2,978,985
. Subrecipients/Other Entities/CHDO's are contracted thru the CCCIC
h COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO). The City of
Corpus Christl will set aside at an minimum the 15% ($249,901) required by regulations for
use by the CHDO within the 24-month period The City of Corpus Christi will provide
technical assistance and capacity building as necessary
2
COUNCIL MEMORANDUM
(A) APPROPRIATING $302,000 FROM THE VEHICLE CAPITAL RESERVE IN FUND
5110 MAINTENANCE SERVICES FOR VEHICLE AND EQUIPMENT PURCHASES,
AMENDING THE FY 05-06 OPERATING BUDGET ADOPTED BY ORDINANCE 026385
B\ INCREASING APPROPRIA TIONS BY $302,000; AND DECLARING AN
EMERGENCY
(BI Motion approving the purchase and lease purchase of two (2) aerial bucket trucks from Philpott
MtllOrS, Port Neches. Texas for the total amount of $135,354,00. The award is based on the cooperative
purchasing agreement with the Houston Galveston Area Council (H-GAC). These trucks will be used by
the MIS and Water Departments. Funding tor the purchase of one bucket truck is available in the Capital
\)utlay budget uf the Maintenance ServIces Fund. Funds for the lease purchase of the second truck will be
proVided through the City's lease/purchase financing program.
*******************************************************************************************
RECOMMENDATION B
Purpose:
One vehicle will be used by the MIS Department to install and maintain the Wi-Fi
System as an addition to the fleet. The other vehicle will replace an existing unit
within the Water Department to maintain the service in the community.
Award BaSI'';:
These vehldes are purchased through the Houston Galveston Area Council (H-GAC).
H-GAC conforms to the requirements of Texas statutes that are applicable to
competitive bids (IFBs) and competitive proposals (RFPs). Philpott Motors will be
the delivenng dealer on this equipment. Versalift Southwest, Waco, Texas will be the
servicing dealer on the aerial equipment. The local Ford dealers will provide service
on the chassis.
F undmg:
Purchase 0 f V ehi cle
Maintenance Services I truck
550020-5110-40120
Capital Line Item No. 85
$66,401
Lease Purchase of Vehicle
The MIS \ chicle will be funded for a sixty-month period with an estimated interest
rate of 4.0 %. The actual interest rate will be determined after the acceptance of the
vehicles. The estimated annual payment for the MIS Department is $15,238.44.
Total estimated cost over the five year period. including principal of $68,953 .00 and
interest of '57,239.20, is $76,192.20.
The vehicles are scheduled to be delivered to the City in October 01'2006. The
amount of funds shown below are the funds budgeted for lease payments for FY05-
06. Funds will be requested by the usmg department for FY06-07 and all subsequent
budget years.
MIS Fund . Lease payments - 1 truck
;301 0-5210-40430 (FY05-06)
Cap t~l L' Item No. 80
$14,304.00
Michael Barrera.
Procurement & General Services Manager
CiTY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GINA SANCHEZ
ITEM DESCRIPTION
1) 2006 Ford F-450
4x2. Cab/Chassis wNersalif
Aerial Bucket utt - Water Dept
2,
2006 Ford F-450
4x4, Cab/Chassis wNersalif
Aerial Bucket utt - MIS Dept
PRICE SHEET
BI-0128-06
2006 Ford F45 Bucket Trucks
UNIT EXTENDED
OTY UNIT PRICE PRICE
1 each $ 66,401.00 $ 66,401.00
each $ 68,953.00 $ 68,953.00
Total
$ 135,354.00
ORDINANCE
APPROPRIATING $302,000 FROM THE VEHICLE CAPITAL RESERVE
IN FUND 5110 MAINTENANCE SERVICES FOR VEHICLE AND
EQUIPMENT PURCHASES, AMENDING THE FY 05-06 OPERATING
BUDGET ADOPTED BY ORDINANCE 026385 BY INCREASING
APPROPRIATIONS BY $302,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $302,000 from the Vehicle Capital Reserve is appropriated in Fund
5110 Maintenance Services for vehicle and other equipment purchases.
SECTION 2. That FY 05-06 Operating Budget adopted by Ordinance 026385 is
amended by increasing appropriations by $302,000
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
Immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of I 2006.
ATTEST'
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
Legal form approved _~_(j__1 2006
By: ....A/h
Lisa Aguilar
Assistant City A orney
for City Attorney
Corpus Christi . Texas
__________ Day Of _____ __._ ____, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council
Respectfully
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E Marez
Jesse Noyola
Mark Scott
3
,Hal\DA l\1E!\IORANDliM
MIlt!on approvmg the lease purchase of two (2) front end loader tractors and purchase of three (3) track
excavators from the following companies, for the following amounts, in accordance with Bid Invitation
N(l 81-0102-06. based on low bid, for a total amount 01'$192,735.89. The construction equipment will be
purchased for the Park & Recreation and Water Departments. Funding for the lease purchase of the front
end loaders wIll be provided through the City's lease/purchase financing program. Funding for the
purchase of the excavators is available in the Capital Outlay Budget of the Maintenance Service Fund.
All of the recommended items are replacements to the fleet.
Anderson Machinery
Corpus Christi, Texas
Item No: I
$110,378.16
Robstown Hardware
Robstown, Texas
Item No,: 2
$61,360.00
H & V Equipment Services
Corpus Christi. Texas
Item No.: 3
$20,997.73
Grand Total: $192.735.89
......................................................................................
Purpose:
The two (2) front end loaders will be used by the Park & Recreation for
heach maintenance. The three (3) track excavators will be used by the
Water Department for maintenance and construction work. All the items
are replacements.
Bid Invitation:.- Issued:
"ourteen
Bids Received
hght
;\ \vard Basis:
low Bid - Item:.- L 2 & 3
Funding
Purchase of Excavators
Maintenance Service Fund - 3 track excavators
550020-5110-40120
(apital Outlay Line Item Nos. 93, 94 & 95
$82,357.73
Lease Purchase of front end loader tractors
Une (l) front end loader, will be funded through the City's lease/purchase
linancing agreement for a sixty month period. The estimated interest rate is
4.0%. TIle actual interest rate will be determined after acceptance of the
equipment.
['he estimated annual payment is $12,196.68. Total estimated cost
nver the sixty month period, including principal of $55, 189.08
and interest of $5.794.32, is $60,983.40.
The second tront end loader, will be funded through the City's
lease/purchase financing agreement for a thirty six month period. The
estimated interest rate is 4.0%. The actual interest rate will be determined
after acceptance of the equipment.
[be estimated annual payment is $19,552.80. Total estimated cost
Ilver the thirty six month period, induding principal of$55,189.08
and interest 1)1' $3.469.32. is $58,658.4(),
The front end loaders are scheduled to be delivered in July of2006. The
amount of funds shown below are the funds required for I month of
lease/payments for FY05-06.
Funding tor subsequent years will be requested through the budget process.
Park & RecreatIOn - I tractor
12915-1020-530190 (I month)
( apital Outlay Lme Item No II
$1,016.39
Park & Recreation - 1 tractor
12940-1020-530190 (1 month)
( apital Outlay Line Item No. 15
$1,629.40
~-
,-~
Procurement & General Services Manager
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4
CITY COUNCIL
AGENDA MEMORANDUM
April 25, 2006
AGENDA ITEM:
A Resolution authorizing City Manager, or designee, to execute a $10,000 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to develop a Community Media Outreach Campaign for the
City s Anti-Litter Ordinance.
B Ordinance appropriating $10.000 from the Coastal Bend Council of Governments, in the NO.1051 Solid Waste
Grants Fund to develop a Community Media Outreach Campaign for the City's Anti-Litter Ordinance; and declaring an
emergency.
C Resolution authorizing City Manager, or designee, to execute a $10,380 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments for salary for a third year of grant funding for an Assistant
Compliance Officer.
o Ordinance appropriating $10.380 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund for salary for a third year of grant funding for an Assistant Compliance Officer; and declaring an
emergency.
E Resolution authorizing City Manager, or designee, to execute a $4,500 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to pay for disposal of scrap tires collected during the City's
Neighborhood Initiative Program.
F Ordinance appropriating $4,500 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund to pay for disposal of scrap tires collected during the City's Neighborhood Program; and declaring an
emergency.
G Resolution authorizing City Manager, or designee, to execute a $20,000 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to purchase new collection units for used-oil and HHW
storage modules for the new CollectionrTransfer Station at the J.C Elliott Landfill.
H Ordinance appropriating $20.000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund to purchase new collection units for used-oil and HHW storage modules for the new CollectionfTransfer
Station at the J.C Elliott Landfill; and declaring an emergency
ISSUE: Approval of four solid waste grants from the Coastal Bend Council of Governments, and appropriation of the
grant funds.
Background: The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the
Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible
local and regional municipal solid waste projects in support of the adopted regional solid waste management plan for
the CBCOG region. In 2002-2003 Solid Waste received a total of $125,000 for the following: $45,000 for Household
Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program,
$10.000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and increase
partIcipation in Stop Trashing Comus Christi Community clean-up events
In 2003-2004 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement
and $10,000 for Litter and Illegal Dumping Cleanup program.
In 2004..()5 Solid Waste received a total of $38,619 for the following: $26,619.00 for Solid Waste Local Enforcement,
$2,000 for Education and Training. and $10,000 for Litter and Illegal Dumping Cleanup programs.
In FY 2005-2006 grant funding in the amount of $239,703 is available through the CBCOG grant application process
for solid waste projects. All requested grant funding supports specific goals and objectives of the CBCOG Regional
Solid Waste Management Plan. Solid Waste applied for a total of $82,233.33 in grant funds for the above projects.
On December 12, 2005 the City Council approved the following Resolutions to submit grant applications to the
CBCOG: Resolution No. 026572 for $10,000 to develop a community outreach campaign for the City's anti-litter
ordinanoe, Resolution No. 026572 for $27,733.33 for the third year of funding for an Assistant Compliance Officer,
Resolution No. 026573 for $4,500 to pay for the disposal of scrap tires collected through the Neighborhood Initiative
Program; and Resolution No. 026575 for $40,000 to purchase new collection units for used-oil and HHW storage
modules for the new Citizens Collection Station at the J.C. Elliott Landfill. Of the $82,233.33 in grant funding applied
for, a total of $44,880.00 was awarded to the City of Corpus Christi, Solid Waste Services.
Agenda Memorandum
Page 2
FUTURE COUNCIL ACTION: None until next year's Grant Process begins.
RECOMMENDATION: Approval of the Resolutions and Ordinances as submitted.
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
$10,000 SOLID WASTE GRANT INTERLOCAL COOPERATION
AGREEMENT WITH THE COASTAL BEND COUNCIL OF
GOVERNMENTS TO DEVELOP A COMMUNITY MEDIA OUTREACH
CAMPAIGN FOR THE CITY'S ANTI-LITTER ORDINANCE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a $10,000 Solid
Waste Grant Interlocal Cooperation Agreement with the Coastal Bend Council of
Governments to develop a Community Media Outreach Campaign for the City's Anti-
Litter Ordinance.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED 13 March 2006
~
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C\(Doyle.0306\ORD2003.06\ResolutLons\06.0313DC.$1 OK.COGILKAntLLitter. Res.doc
Page 2 of 2
Corpus ChristL Texas
_ day of _______q , 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
CI(Doyle.030610RD2003.06\ResolutLonsI06.0313DC.$10K.COGILK Anti Utter Res.doc
Page 1 of 2
ORDINANCE
APPROPRIATING $10,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO.1051 SOLID WASTE GRANTS FUND TO
DEVELOP A COMMUNITY MEDIA OUTREACH CAMPAIGN FOR THE
CITY'S ANTI-LITTER ORDINANCE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,000.00 is appropriated from the Coastal Bend Council of
Governments in the No.1051 Solid Waste Grants Fund to develop a Community Media
Outreach Campaign for the City's Anti-Litter Ordinance.
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 fjrst reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
-
Henry Garrett.
Mayor
~~3 March 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
ell Doyte03 06\OR02003. 06\Ordinanc.eslApproprateV 160313DC COG.Approp $1 OK.Anti. Litler Ord .doc
Page 2 of 2
Corpus Christl, 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 , Re spectfu lIy,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C \(Doyle 0:< 06\OR02003 06'Ordona nc.eslAporoprt ate.16 0313DC ( OG f'lpprDP $1 OKAnli Litter Ord .doc
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SOLID WASTE GRANT INTERLOCAL COOPERATION AGREEMENT
WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $10,380 FOR SALARY FOR A THIRD YEAR OF GRANT
FUNDING FOR AN ASSISTANT COMPLIANCE OFFICER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a Solid Waste
Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments
in the amount of $10,380 for salary for a third year of grant funding for an Assistant
Compliance Officer
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
E;:14 March2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C II Doyle.0306\ORD2003 06\Resolut1ons\060314DCl1 0380. COGILK. Code. Officer.Res.doc
Page 2 of 2
Corpus Christi . Texas
_ day of ___ _.. , 2006
The above resolution was passed by the following vote:
Henry Garrett. ____
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C \(Doyle "3 06\ORD2003 06\ResolutiOnsI06.0314DC $10380 COGILKCode Officer. Res doc
Page 1 of 2
ORDINANCE
APPROPRIATING $10,380 FROM THE COASTAL BEND OF COUNCIL
OF GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND
FOR SALARY FOR A THIRD YEAR OF GRANT FUNDING FOR AN
ASSISTANT COMPLANCE OFFICER; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10.380.00 is appropriated from the Coastal Bend Council of
Governments in the No.1051 Solid Waste Grants Fund for salary for a third year of
grant funding for an Assistant Compliance Officer.
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
~ 14 :rCh 2~06
Doyle 0 Curtis
Chief. Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Henry Garrett.
Mayor
"Doyle ,n C)6\ORD200~i 06 Ordinances\Appropn ate '!6.0314DC .~OG Approp.$10380.Code OfflcerOrd doc
Page 2 of 2
Corpus Christi Texas
_u__ day of _
.2006.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus ChristL Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
( Doyle! !)6DR02003 ('6\Urdlnance'""A.pp;op' ate' '6,03 4DC COG Ape)!')>, $1038CCode Officer Ord doc
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SOLID WASTE GRANT INTERLOCAL COOPERATION AGREEMENT
WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $4,500 TO PAY FOR DISPOSAL OF SCRAP TIRES
COLLECTED DURING THE CITY'S NEIGHBORHOOD INITIATIVE
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 execute a Solid Waste
Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments
in the amount of $4,500 to pay for disposal of scrap tires collected during the City's
Neighborhood Initiative Program.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Doyle . Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C:\(Doyle.03. 06\ORD2003.06\Resoluti. ons\06. 0 314DC.$4500. COGILK Scrap. Tires Res.doc
Page 2 of 2
Corpus Christi , Texas
_ day of , 2006
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C. ,(Doyle.03.06\ORD2003.06\Resoluti. ons\06.0314DC.$4500.COGILK Scrap Tires. Res.doc
Page 1 of 2
ORDINANCE
APPROPRIATING $4,500 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO
PAY FOR DISPOSAL OF SCRAP TIRES COLLECTED DURING THE
CITY'S NEIGHBORHOOD INITIATIVE PROGRAM; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $4,500.00 is appropriated from the Coastal Bend Council of
Governments in the NO.1051 Solid Waste Grants Fund to pay for disposal of scrap tires
collected during the City's Neighborhood Initiative Program.
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
~~6 MarCh~006
Doyle D Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Doyle ;F,',ORD200~' oJ6 '!rdlnances\A"pC'p' ate '6,0:116DC' :OG ~,ppIOD$4500 Scrap Tlf8S Ord doc
Page 2 of 2
Corpus Christi. Texas
_ ___ day of ___
,2006.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
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
, -:Doy,e c- "6\ORD200: Of Ordinanc es\Asprc;PflatHJ6.0316DC ~OG Aw'up$4500Scrap TI'esOrd.do-:
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SOLID WASTE GRANT INTERLOCAL COOPERATION AGREEMENT
WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $20,000 TO PURCHASE NEW COLLECTION UNITS FOR
USED-OIL AND HHW STORAGE MODULES FOR THE NEW
COLLECTIONITRANSFER STATION AT THE J.C. ELLIOTT LANDFILL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a Solid Waste
Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments
in the amount of $20,000 to purchase new collection units for used-oil and HHW storage
modules for the new collection/transfer station at the J.C. Elliott Landfill.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~:: March 200~
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\( Doyle. 03 116 'ORD2003.06\Resolutions\06. 0314DC .$20K.COGILK. Collect Oil. Res.doc
Corpus Christi. Texas
_ day of ___ , 2006
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Page 2 of 2
C i(Doyle.Oi 06\ORD2003.06\ResolutlOns\06 0314DC.$~'OK.COGILK.Collect.OIi.Res.doc
Page 1 of 2
ORDINANCE
APPROPRIATING $20,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO
PURCHASE NEW COLLECTION UNITS FOR USED-OIL AND HHW
STORAGE MODULES FOR THE NEW COLLECTIONITRANSFER
STATION AT THE J.G. ELLIOTT LANDFILL; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $20,000.00 is appropriated from the Coastal Bend Council of
Governments in the No 1051 Solid Waste Grants Fund to purchase new collection units
for used-oil and HHW storage modules for the new CollectionlTransfer Station at the
J.e. Elliott Landfill.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor
Armando Chapa
City Secretary
~MarCh 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C \( Doyle.O:!. 06 IOR02003. 06\OrdmanceslAppropri ate\06. 0314DC. COG.Approp $20K. Collect. Oil. Ord .doc
Page 2 of 2
Corpus Christi Texas
~_~__ _~ day of__ _ <
J 2006.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
WHliam Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
C\(Doyle 03 06\ORD200306\Ordinances 'Appropn ateIOi). 0314DC. COG .Approp$20K. Collect.Oil. Ord. doc
5
AGENDA MEMORANDUM
Date: April 25, 2006
SUBJECT: Anita Neyland Trust
AGENDA ITEM:
Resolution amending Resolution 026056 by adding Section 2 that also authorizes City
Manager or designee, to determine whether to retain or sell City of Corpus Christi
Library's 25% beneficial interest in the mineral interests owned by the Anita Neyland
Trust, established under the W. T Neyland Last Will and Testament.
ISSUE:
The City Library is named as a beneficiary in the Anita Neyland Trust, established under the
Last Will and Testament ofW T Neyland, who died in 1985. Upon the death of Mrs. Neyland
the Trust was to be distributed in four equal parts to the following: City Library, the First
Presbyterian Church, a son and a biomedical institution. Mrs. Neyland died on October 28, 2004.
By Resolution 026056 adopted by the Council on December 14,2004, the City chose, as did the
other beneficiaries, to receive a cash distribution. The 1,001 acre Neyland Ranch, with some
mineral rights, is for sale The total that the City Library is expected to receive from the Trust is
between $500,000 and $600,000, once all the assets have been sold. Thus far the City Library
has received over $356,000 from the sale of securities. Wells Fargo, trustee of the Neyland
Trust, has asked that the City determine whether it wishes to sell or retain its mineral interests.
The other three beneficiaries have opted to retain their mineral interests.
RECOMMENDED COUNCIL ACTION:
Staff recommends passage of the Resolution so that the City Manager or designee will be
authorized to determine whether to sell or retain the City's mineral interests.
-liL/~
Herb Canales
Director of Libraries
Page 1 of 3
RESOLUTION
AMENDING RESOLUTION 026056 BY ADDING SECTION 2 THAT
ALSO AUTHORIZES CITY MANAGER, OR DESIGNEE, TO
DETERMINE WHETHER TO RETAIN OR SELL CITY OF CORPUS
CHRISTI LIBRARY'S 25% BENEFICIAL INTEREST IN THE MINERAL
INTERESTS OWNED BY THE ANITA NEYLAND TRUST,
ESTABLISHED UNDER THE W.T. NEYLAND LAST WILL AND
TEST AMENT
WHEREAS, on December 14, 2004, the City Council adopted Resolution 026056,
containing one section only as follows
"SECTION 1. That the City Manager or designee is authorized to accept a cash
distribution from the Anita Neyland Trust ("Neyland Trust"), established under the
W.T Neyland Last Will and Testament of W.T Neyland, on behalf of the City of
Corpus Christi Library. The City Library is the beneficiary of 25% of the Neyland
Trust.
WHEREAS, Resolution 026056 needs to be amended by adding a Section 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
Resolution 026056 is amended by adding a Section 2 so that Resolution 026056, as
amended, shall read as follows:
SECTION 1. That the City Manager or designee is authorized to accept a cash
distribution from the Anita Neyland Trust ("Neyland Trust"), established under the W.T.
Neyland Last Will and Testament of W,T. Neyland, on behalf of the City of Corpus
Christi Library. The City Library is the beneficiary of 25% of the Neyland Trust.
SECTION 2. Notwithstanding, Section 1 above, the City Manager or designee is also
authorized to determine whether to retain or sell the City of Corpus Christi Library's 25%
beneficial interest in the mineral interests owned by the Anita Neyland Trust,
established under the Last Will and Testament of W.T. Neyland.
C. \(Doyle.03 06\ORD2003,06\Resoluti. ons\06.0418DC.AfTlend.Ubrary. Neyla nc Trust.Res.doc
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~E~ 18 April 2006
, Doyte . Curtis ---
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\(Doyle03 06\ORD2003 06\ResolutLonsI06.0418DCAmend.LlbraryNevland Trust.Res.doc
Page 2 of 3
Page 3 of 3
Corpus Christi. Texas
day of _____ ____,2006
The above resolution was passed by the following vote:
Henry (;arrett ____ __
Brent Chesney _________
Melody Cooper ____ _______
Jerry Garcia __________
William Kelly _ ______
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
C .\(Doyle.03 06\OR02003.06\Resoluti.ons'06. 0418DC .AMend.lIbrary. Neyland Trust.Resdoc
6
AGENDA MEMORANDUM
DATE: April 25, 2006
SUBJECT: Grant Application for Packery Channel Public Parking Lot and Access Road
AGENDA ITEM:
Resolution of the City Council of City of Corpus Christi authorizing an application to the
Texas Parks and Wildlife Department for assistance in funding a Public Parking Lot and
Access Road on Packery Channel, declaring the City eligible for such assistance,
authorizing the City to be local sponsor of the project, and directing and authorizing the City
Manager to file the application and to execute all documents pertaining thereto.
.
ISSUE AND BACKGROUND: The State of Texas, through the Texas Parks and Wildlife
Department, administers a state boat ramp program in cooperation with the US Fish and
WHdlife Service. Under this program, a grant of up to $500,000 is available for qualifying
boat ramps or associated construction projects. This grant requires a 25% minimum local
sponsor contribution. City Staff has prepared an application for a public parking lot and
access road to be constructed in conjunction with the previously funded Packery Channel
boat ramp project. The proposed facilitywill be located on the north side of the basin
immediately east of Highway 361. The project is anticipated to cost approximately
$800,000. The City's share of the project (estimated to be approximately $300,000) is
available from the TI F The project is already covered under the existing Packery Channel
environmental impact statement and as suchdoesnot need any additional state or federal
permits
REQUIRED CITY COUNCIL ACTION: The application process requires City Council
authorization by Resolution in order to submit the application.
PREVIOUS CITY COUNCIL ACTION: The City Council applied for and received a
$500,000 grant to construct a new and much larger boat launching facility in the downtown
Corpus Christi Marina, as well as, a separate grant to build a boat launching facility on
Packery Channel.
CONCLUSION AND RECOMMENDATION: The State's boat ramp program is an
excellent program that has already provided the impetus and much needed funds for
construction of a new facility in the Corpus Christi Marina and a new boat ramp on Packery
Channel. The submission of this application and subsequent funding will significantly aid
in the public's enjoyment and use of the Packery Channel project. Staff solicits Council
approval of the Resolution and authorization to submit the application.
6*Jitional Support MIIterial:
Exhibit "A" Location Map
;Y.Vi-.a~
W. Thomas utter
$pecial Assistant (0 the City Manager
~
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BOAT RAMPS - 1 LANE
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CITY PROJECT No. 3295
LOCA TION MAP
NOT TO SCALE
PACKERY CHANNEL-BOAT RAMP PARKING
LOT AND ACCESS ROAD
CITY COUNCIL EXHIBIT
CITY or CORPUS CHRIST/, TEXAS
DEPARTMENT or ENGINEERING SERVICES
PAGE 1 of1
DATE. 04-14-2006
~
--
- -
- -
.~~
RESOLUTION
AUTHORIZING AN APPLICATION TO THE TEXAS PARKS AND
WILDLIFE DEPARTMENT FOR ASSISTANCE IN FUNDING A PUBLIC
PARKING LOT AND ACCESS ROAD ON PACKERY CHANNEL;
DECLARING THE CITY ELIGIBLE FOR SUCH ASSISTANCE;
AUTHORIZING THE CITY TO BE LOCAL SPONSOR OF THE
PROJECT; AND DIRECTING AND AUTHORIZING THE CITY
MANAGER TO FILE THE APPLICATION AND TO EXECUTE ALL
DOCUMENTS PERTAINING THERETO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to file an application to the
Texas Parks and Wildlife Department for assistance in funding a public parking lot and
access road on Packery Channel; declaring the City eligible for such assistance;
authorizing the City to be local sponsor of the project and execute all documents
pertaining thereto.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: 20 April 2006
hn P. Burke, Jr.
nior Assistant City Attorney
For City Attorney
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
WHliam Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Corpus Christi, Texas
_ day of ___
,2006
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 25, 2006
AGENDA ITEM:
Resolution expressing official intent to reimburse costs ofPackery Channel Improvement Projects.
ISSUE:
The City of Corpus Christl and the North Padre Island Development Corporation have authorized
through the bond indentures the issuance of up to $12,000,000 in bonds. To date, $9,100,000 has
been issued, leaving a remainder to be issued of $2,900,000. As we near the end ofthe project, we
need to move forward with the issuance of the remaining bonds. In order to expedite the completion
of the project a reimbursement resolution in the amount of $2,000,000 is required. These funds are
expected to complete the project as well as fund our participation in storm damage. Expenditures in
connection with the design. planning, acquisition, construction, and completion of certain projects
relating to Packery Channel improvements in an aggregate amount not to exceed $2,000,000 are
listed by category in ExhibIt "A" of the Resolution.
REQUIRED COUNCIL ACTION:
Approve a Resolution expressing official intent to reimburse costs of certain projects.
PREVIOUS COUNCIL ACTION:
· Resolution 026618 dated January 24, 2006, expressing official intent to reimburse costs of
the Packery Channel Improvement Project in the amount of $400,000.
· Resolution 026460 dated September 13,2005, expressing official intent to reimburse costs of
the Packery Channel Improvement Project in the amount of $500,000.
FUTURE COUNCIL ACTION:
It is anticipated that during the summer of2006, the City will sell Certificates of Obligation bonds to
fund these Packery Channel improvement projects.
CONCLUSION AND RECOMMENDATION:
Staff recommends City Council approval of the Resolution expressing official intent to reimburse
costs of certain projects relating to improvements at Packery Channel.
.. G-:-.1J D~
Cindy O'Bn
Director of Financial Services
Attachment:
Resolution
RESOLUTION EXPRESSING
OFFICIAL INTENT TO REIMBURSE
COSTS OF THE PACKERY CHANNEL IMPROVEMENTS PROJECT
\VHEREAS, the City of Corpus Christi, Texas (the "City") IS a home-rule municipality and
political subdivision of the State of Texas:
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisitIOn and construction of the projects described on ExhibIt "A" hereto (collectively, the
"Project") prior to the issuance of obligations either by the City or by the North Padre Island
Development Corporation \ "NPIDC"), a non-profit corporation created by the City to act on behalf of
the City to finance Project lmprovements.
WHEREAS, the City finds, considers, and declares that the reimbursement ofthe City for
the payment of such expenditures will be appropriate and consistent with the lawful objectives of the
City and N PIDC and. as such, chooses to declare its intention, in accordance with the provisions of
Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it
Issues obligations to finance the Project:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI THAT:
)ectlOn 1 The Cit:, or NPIDC acting on behalfofthe City, reasonably expects to incur debt,
as one ur more ~eTIes of obligations. with an aggregate maximum principal amount equal to
S2,OOO.OOo for the purpose of paying the aggregate costs of the Project.
SectIOn 2 All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt obligations will be Issued by the Issuer in furtherance of this Statement after a date which is
later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which
the property. with respect to which such expenditures were made, IS placed in service.
Section 3. The toregoing notwithstanding, no tax-exempt obligation will be issued pursuant
10 this Statement more than three years after the date any expenditure which is to be reimbursed is
paId.
"'ttest: City of Corpus Christi, Texas
Armando C'hapa. City Secretary HENRY GARRETT, MAYOR
CITY OF CORPUS CHRISTI
APPROVED THlS THE 21)th DAY OF ApriL 2006:
~"~
.-._-_.~
-------------.,--.-.--
Lisa Aguil Assistant City Attorney
for the Clt\ Attorney
Exhibit" A"
The projects consist of:
1. Hurricane Rita Damage Repair Costs to Infrastructure
2. Hurricane Emily Damage Repair Costs to Infrastructure
3. Additional stone quantity for completion of project
4. Packery Channel South Parking Lot Improvements
CORPUS CHRISTI, TEXAS
DAY OF ,2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesnev
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kmnison
John Marez
Jesse Noyola
Mark Scott
8
AGENDA MEMORANDUM
City Council Action Date: April 25. 2006
~BJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third
Street (Project No. 8535)
AfE;.HDA ITEM: Motion authorizing the City Manager or his designee to execute a testing
agreement with Kleinfelder of Corpus Christi, Texas, in the amount of $40,559 for the
Water Main Improvements: Leopard Street and Third Street project.
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. A materials testing services agreement is needed during construction in
order to test the asphalt, concrete, sand backfill and cement-stabilized sand. The contract
requires Council action as the contract exceeds the $25,000 administrative limit.
FUNDING: Funding for this project is available in the FY 2004-2005 Water CIP Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
r
LjR ~ J.- "I/h/l~
-mtEscobar, P.E.
Director of Engineering Services
~4tional Support Material:
Exhibit "A" Background Information
Exhibit "8" Location Maps
H:IHOME\RachelleIGENIWater\Water System\B534 & 8535' restlnglAgenda Memo doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534)
and Third Street (Project No. 8535)
.eJtOJECT BACKGROUND: The water main replacement is intended to improve water
pressure, increase flow capacity, and improve reliability within the vicinity of the 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.
eROJECT 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 AWWA 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.
TESTING AGREEMENT: The testing consultant (Kleinfelder) is proposing to do the
following testing:
~ Task 1: Compaction testing of sand backfill and cement-stabilized sand material
(sand encasement: 1 density/100 linear feet/lift); cement-stabilized sand: 1 density/
200 LF, compressive strength of cement-stabilized sand: 1 set! 500 LF)
~ Task 2: Concrete testing (1 set/ 500 LF)
~ Task 3: Asphalt testing (1 sample /500 tons)
~ Task 4: Project management and report preparation
The AlE for this project (Martinez, Guy & Maybik) said that more frequent testing is
advantageous in order to reduce the possibility of pavement settlement occurring along
the high traffic thoroughfares of Leopard and Third streets.
EXHIBIT "A"
Page 1 of 2
H:\HOMEIRachelleIGENIWater\Water Systeml8534 & 85351TestinglAgenda Background doc
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)
4. February 21,2006 - Motion authorizing the City Manager or his designee to award 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 (Motion No. 2006-043)
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. April 11 , 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
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)
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.
H:\HOMEIRachellelGENIWalerlWaler SYSlem16534 & 8535\ Test'nglAgenda Background doc
EXHIBIT" A"
Page 2 of 2
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PROJECT No. 8534
EXHIBIT "B"
WA TBR MAIN IMPROVEMENTS LEOPARD S
FROII UPPER BROADWA Y TO MEXICO ST
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST/, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 2
DATE: 04/20/2006
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PROJECT No. 8535
EXHIBIT "B"
Water Main Improvements
Third St. from Elizabeth St. to Buford Sf
CITY COUNCIL EXHIBIT ~
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SElMCES
PAGE: 20(2 .. =
- -
DATE: 04/20/2006 --- ...P"
9
AGENDA MEMORANDUM
DATE: April 25. 2006
SUBJECT: The Corpus Christi Chamber of Commerce
Chamber Mixer
AGENDA ITEM: Motion approving the application from The Corpus Christi Chamber of
Commerce to temporarily close the following street section for the Corpus Christi Chamber
Mixer Event, May 11, 2006 @ 12:01 am to May 11, 2006 @ 11 :59 pm.
1 , The two inside travel lanes of Northbound Shoreline Boulevard from Power to Palo Alto,
exclusive of the median crossovers at Power and Palo Alto, beginning at 12:01a.m.
Thursday, May 11, 2006 through 11 :59 pm, Thursday, May 11, 2006.
2. Southbound Shoreline Boulevard from Power to Palo Alto, exclusive of the median
crossovers at Power and Palo Alto, beginning at 12:01a.m. Thursday, May 11,2006
through 11 :59 pm. Thursday, May 11,2006.
ISSUE: The Corpus Christi Chamber of Commerce Mixer Event necessitates the temporary
closure of both northbound and southbound Shoreline Boulevard between Power and Palo Alto
Street. The event Chairman for this event, Ms. Jessica Davila-Burnett. Ms. Burnett has
requested the above mentioned street section closures be approved by the City Council for this
year's Chamber of Commerce Mixer Event.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City
Council approval.
RECOMMENDATION: Approval of the motion as presented.
,.
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el R. Escobar, P.E.
Director of Engineering Services
..ional Support Material
exhibit 1 . Site Map
Exhibit 2. Application
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TRAFFIC ENGINEERING DIVISION
DEP ARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
APPLICA TION FOR PERMIT TO CLOSE .
STREET FOR PUBLIC EVENTS ea'fJUS{.nnSti ~~,
stUtWCt.1l.r en~ ~8tL.
Name,f Organization Sponsonng Event: b [, A. ~'LP ctOJYLb..t.r ~ "
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Name of Proposed Event: S E fs Y"A&'J..e ("
Date of Planned Event m~ l ( Jl...6Dlp
Key Contact Indlvid~al Jl2S\ (a DAtil ~
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Street(s) Requested for Closure, Dates and Times of Day - DESCRIBE:
_---_0'_- .....---- ._- --,-
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Purpose of Event and Detailed Description of Activities Planned: B~ /-..ili..tr~ ~
:Pk-1\'(rJ1t 10. 1 A Al J..-J...k . -.
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List ft)cdS and beverages to be served: fi?G2~ ~JALL. S Ll'A.nrlO d be( Y
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3 Services Requested by the City ~ Llt Q.. \.LQl.L( L
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9 Attactl a diagram illustrating In detail the location of booths, stages, restrooms, first-aid stations,
etc triat will be included in the event.
10 Enclose a check or money order for $200 to cover administrative costs of handling application,
payable to the City of Corpus Christl (City Ordinance #20463, 9/20/88).
1 -: Attach an official letter of transmittal requesting approval of the event.
cermil le Ck:;se Street
'or PJ:J!!C E,~NS
2
12 in conSideration of obtaining a permit to close a City street for a public event, the applicant or
sponsoring organlzatlOI' agrees to comply with the following applicable conditions:
A.
B
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Admittance to said event shall be free
:'\11 profits derived from the event shall be for charitable causes;
Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the
City for all costs incurred by the City in support of said event. Accurate financial records
shall be maintained and payment shall be made to the city withln sixty (60) days after the
event ends
Provide and maintain an insurance policy With the limits and requirements shown on the
attached Exhibit "A"
Completion of Indemnification Agreement:
ProviSion of a traffic control plan for event, to be coordinated WIth the Traffic Engineering
Division and Police Department. The City shall be reimbursed for its installation of all traffic
slgnage and barricading determined by the City to be necessary for safe control of the
event
VVritten approval for the temporary street closure must be obtained from (i) one hundred
(100) percent of the managinq tenants or. if the propertY IS vacant. managingpropertv
Qwners of the propertY. abutting that portion of the street to be closed to vehicular traffic:
?,nd (ii) for the Downtown Management District only (bounded by Lower Broadway"
Interstate 37 Shoreline Boulevard includin the marina areas and Kinne Street nine
190% arcent of the mana in tenants or if the ro ert is vacant mana in ro e
()wners of the property abuttlnQ that portion of the street to be closed to vehicular traffic
Provide adequate number of restroom facilities to accommodate the anticipated public;
Jbtain the appropriate alcohol and food permits required by State and Local authorities,
dt least two (2) weeks prior to the event.
\\\ security other than perImeter traffic control shall be provided by sponsor; security shall
:c>nsist of off-duty City Police officers. or other type security officially approved by the City
,\11 constructior of bOOU1S stages, displays. electrical services and plumbing shall comply
Nlth City Code~) The final layout of booths shall be approved by the Director of Parks and
Recreation
Provide for potable water within the event site;
Provide first-aid stations;
provide continuous cleaning of the site durIng the event and return it to pre-event condition
after event ends;
Restore any damaged City property promptly after event ends;
Coordinate all phases of event with appropriate City departments to insure a safe and
successful event;
Vehicles shall be prohibited from parking on grass areas wlthin the street right-of-way;
No obliteration or defacing ofthe street surface or sidewalk; except by chalk markings;
All City NOise Abatement Ordinances shall be complied with;
.'\lIow for the free passage of emergency vehicles into event area in case of emergency;
Carnival-type rides will not be permitted.
BuHdlng and Electrical permits for a temporary promotional event, associated construction
and \:ertificate of Occupancy are reqUired
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:.... vdence that these conditions have been meet must be presented to the City Traffic
Fn::lneer prior to the request being submItted to the City Council for final approval.
Signed:
~t-.c.c.c.
Jtt-
Event Chairman/Organizer
('~ (hl'Dt1
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Date Submitted: ~ ~D, 200~
EXHIlJIT
(NSURANCE REOUIREMENTS
rf..MI1TEE'S LIABILITY INSURANCE
A Permittee must not commence work under this agreement until he/she has obtained all insurance
required herein and such insurance has been approved by the City. Nor may Permittee allow any
suhcomractor to commence work until all similar insurance required of the subcontractor has been so
obtained
B Permittee must furnish to the City's Risk Manager 2 copies of Certificates ofInsurance, with the City
named as an additional insured for all liability policies, and a blanket waiver of subrogation on
all applicable policies showing the following minimum coverage by an insurance company(s) acceptable
to the City's Risk Manager
r--
TYPE OF INSURANCE M1NlMUM INSURANCE COVERAGE
30-Day Notice Qf Can~Uati.Ob reqtlind on aD certtOcate8 Bodily In.lury and Property Damage
~
CommeNinl General Liability inctudUlg I S 1,000,000 COMBINED ;JNOLE LIMIT 1M IorJe ....~
1 Commen:ial Form
~ Prerruses - Operatiolls S500,OOO COMBINED SINGLE LIMT for small mrents
...
"; Products COOlpleted operlltlons :
4 Cootracw.allnsurance I
"- Broad FQI1ll Propet1V Damage
f1 IDdcpendent Contractors
! - Personal Injury
i
AUTOMOBILE LIABTIJTY ..OWNED NON-OWNED $500,000 corvrn!NED SINGLE LIMIT
OR RENTEn I
-,.- ....... - !-;;;'CH COMPLIES W1TIl THE TEXAS WOllKERS'
WORKERS' C\.IMPENSATION
I COMPENSA nON ACT AND PARAGRAPH n OF THIS
EXHIBlT
EMPLOYERS' LLABITJD' $100.000
~_.._--
C In the event of accidents of any kind, Pennittee must furnish the Risk Manager with copies of all
reports of such accidents at the same time that the reports are forwarded to any other interested parties.
11 ADDD'lONAL REQUIREMENTS
A Permittee must obtain workers' compensation coverage through a licensed insurance company or
through self-insurance obtained in accordance with Texas law. If such coverage is obtained through
a licensed company, the contract for coverage must be written on a policy and endorsements approved
by the Texas Department of Insurance
Whether workers' compensation coverage is provided through a licensed insurance company or
through self-insurance, the coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by Permittee vvill be promptly met.
B Certificate of Insurance
"
The City of Corpus Christi must be named as an additional insured on the liability
coverage,ex:cept for the Workers' Compensation coverage and a blanket waiver of subrogation
on all applicable policies.
..
lfyour insurance company uses the standard ACORD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed or" between (~e" and "canceled",
and deleting the words, "endeavor to". and deleting the wording after "left".
..
The name of the project must be listed under 'TIescription of Operations"
*
At a minimum. a 30-day written potice of change or cancellation is required.
(
If the Certificate of Insurance does not show on its face the existence of the coverage required
by items ] B (1 )~(8), an authorized representative of the insurance company must include a
letter specifically stating whether items l.B (l }-(8) are included or excluded
m A completed Disclosure of Interest must be submitted with your proposal.
Street Closure insurance requirements
9.5-00 ep Risk t\fgmt
INDEMNITY AGREElVIENT
THE ST !"TE OF TEXAS Q
K1"JOW ALL l'vlEN BY THESE PRESENTS
C01~ f' Of i'rl~'ECES
-;
~
\VHEREAS, Section III of sald standards, entitled Procedure and Permit Requirements.
requires J::ontractor for 8. permit to close or block any part of a roadway to file a statement with the
director f EngineeIing 3ervtces Traftie EngineerIng divlsion indemnifying the City against all
claim~ cr causes of action by reason .);- or arismg from the closing or blocking of the roadway
pursuant tJ a perrInt issued by the Cil;)
Ni)\'" therefore. in consideration for the issuance of a permit to the undersigned by the City
of CorpJe; Chnst1. for the purpose of barricading, b locking or closing a street, alley or other public
right-"f way in said City. said pelTlllt applicant agrees to indemnify and save harmless and defend
the C it) ..f Corpus Christi, its agents <lr\d employees from any and aU claims. la\vsuits. demands,
liabi llties, losses or expenses, incl uding court costs and reasonable attorney 7 s fees~ for or on account
of an: lrrury to a..'1y person, or any death at any time resulting from such injury, or any damages to
any rrC'perty which arise or mal be alleged to have arisen directly or indirectly, as a result of the
grantm0 JfthlS permit,
rhe Contractor. ::luring the term ofopewtloDS specified in this Public Right-of- Way Blockage
penmtvill provide and maintain at the Contractor's expense a Commercial General Liability
insurance policy w1th the limits and requirements shown on the attached and incorporated Exhibit
"A" The City of Corpus Christl must be named as ~dditional Insured on the policy. Evidence of
rcqu:Tc-': insurance co\erage will be by a Certificate of Insurance furnished to the Director of
Engn\c'lng Ser,'lCCS T faffie Engineermg Division prior to the proposed blockage under this permit
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10
AGENDA MEMORANDUM
April 25, 2006
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement with
Mr. Raju Bhagat, (Developer), in the amount of $42,900.00 for the installation
of storm, sanitary and water public improvements to serve Whelan Tract,
Unit 4, Block 1, Lots 1 and 2, located east of Navigation Boulevard and south
of Interstate Highway 37 (IH 37), in accordance with the Platting Ordinance
section V-Required Improvements, Subsection A.3 (b).
ISSUE: Mr. Rhodes "Chip" Urban, P.E., with Urban Engineering on behalf of Mr. Raju
Bhagat, developer of Whelan Tract, Unit 4, Block 1, Lots 1 and 2 submitted deferment
agreement documentation to defer the construction of storm, sanitary sewer and water
lines public improvements to serve Whelan Tract, Unit 4, Block 1, Lots 1 and 2 in
accordance with 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 Mr Raju Bhagat, (Developer).
CONDITION: Developer must post a letter of credit or equally liquid negotiable security
with the City 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.
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Location Map
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Whelan Tract, Unit 4, Block 1, Lots
1and 2, located east of Navigation Boulevard and south of Interstate Highway 37 (I.H. 37),
(Exhibit B) required the construction of storm, sanitary and water public improvements.
Mr. Rhodes "Chip" Urban, P.E. with Urban Engineering on behalf of the owner, Mr. Raju
Bhagat, has submitted deferment agreement documentation to defer the construction of
required public improvements in accordance with the Platting Ordinance. The Planning
Commission on its November 2, 2005 meeting approved the plat for Whelan Tract, Unit 4,
Block 1, Lots 1 and 2. The Planning Commission at its April 19, 2006 meeting
recommended the execution of the Deferment Agreement and found reasonable cause to
delay the required public improvements in order to expedite the recordation of the plat.
The developer agreed to deposit $42,900.00 in the form of a letter of credit, amount which
is 110% of the estimated cost of constructing the required improvements (Exhibit C), in
compliance with the Platting Ordinance Section V- Required Improvements, Subsection
A.3. (b) (1),
A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Mr. Raju
Bhagat 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. The deferment of said improvements will allow the Developer to expedite the
recording of the plat and obtain building permits to develop Whelan Tract, Unit 4, Block 1,
Lots 1 and 2.
Construction plans for the installation of the public improvements will be reviewed and
approved by the City prior to executing the Deferment Agreement.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
EXHIBIT A
~
~
~
=
~
==
~
~
COST ESTIMA TE-DEFFERED IMPROVEMENTS
WHELAN TRACT UNIT 4
EM!
__:.=.:.J
DESCRIPTION
A I OFF sIfEIMPROVEMENfs
-.-t;-n-.~-"-' -----.-..
.~ 8"PY~~~_~'c:l,Itt~anitaryJ::;ew~r
2 i 8"PVC(4'-6'cut) Sanitary Sewer
.--,. -- .._._._..~- -~--_.__. --_._------
3 i 4' Diameter ManHole(6'-8'cut) Sanitary Sewer
- ----;-t-.--~_.. --.-.-. ----.------- .--~----..---_._...-..-.- __.__....n.___
4 Connect To And RehabilitCl!El ExistJr1.fj Man_Hol~
5 36" RCP Storm Sewer
_ 61 Connect To E~LstingJ3o)(J?t()l'm SE~wer)
.. 71 Pavement RepCilr
.!. FireJ:!l'_dranJ_ .
9 12" Valve and Box
tOi~ Qff s iIelrnPf(:~verr;::entsl
.~ .--...--.----~-- ..-.;t-..
per or~inanc~~~guir~mentsadd _10%1.
TOTAL CONSTRUCTioNCOSf:+
~_.ESTIMATED UNIT
QUANTITY PRICE
-" - -----_._---~.
--360 -1 LF $30.00
110: LF - $28.00
1 _ _~ EA $3,000.00
1 ,EA I $4,000.00
"40 1 LF $48.00
1 __~. LS $8,000.00
1 _. ~ _ LS $4,000.00
1 EA $2,800.00
--,-
1 EA $1,400.00
SubTotal
URBAN ENGINEERING
2725 SWANTNER CC, TX 78404
3/20/06
Job No. 40235.00.00
EXHIBIT "e"
TOTAL
PRICE
$10,800.00
$3,080.00
$3,000.00
$4,000.00
$1,920.00
$8,000.00
$4 000.00
$2 800.00
$1,400.00
$39,000.00
$3,900.00
$42,900.00
EXHIBIT C
DEFERMENT AGREEMENT
ST ATE 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
Raju Bhagat (hereinafter "Developer").
WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat
to develop a tract of land Whelan Tract, Unit 4, Block 1, Lots 1 and 2 (herein called
"Development") ;
WHEREAS, the plat of Whelan Tract, Unit 4, Block 1, Lots 1and 2, (Exhibit 1),
approved by the Planning Commission on November 2, 2005 provides for the
construction of storm, sanitary and water 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 storm, sanitary and water public improvements,
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 and oft-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 Forty-two Thousand, Nine-hundred
and 00/100 Dollars ($42,900.00), 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.
Deferment Agreement.doc
EXHIBIT J)
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 storm, sanitary and water public improvements, 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 with the City of Corpus Christi, an irrevocable letter
of credit issued by Charter Bank in the amount of Forty-two Thousand, Nine-
hundred and 00/100 Dollars ($42,900.00) in a form of a irrevocable letter of
credit, for 110% of the estimated cost of constructing the deferred improvements,
as shown on Exhibit 3, which is attached and incorporated into this agreement.
Said irrevocable letter of credit, Exhibit 4, shall be deposited with the City of
Corpus Christi before the beginning of the City Council meeting to be held on
April 25, 2006. Failure of Developer to deposit said letter of credit as set forth
herein shall make this Agreement null and void.
3. The Developer agrees to construct the deferred improvements, including
construction of storm, sanitary and water public improvements, in accordance
with the City's engineering standards in effect at the time of construction.
4. Upon completion of the deferred improvements by April 25, 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:
Mr. Raiu Bhaaat
Best Western Garden Inn
11217 IH 37
Corpus Christi. Texas 78410
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.
5. If the deferred improvements have not been completed by April 25, 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 7 below, 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
Deferment Agreementdoc
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.
6. 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.
7. If Developer defaults in any of its covenants or obligations under this Deferment
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.
8. 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.
9. The Developer covenants to construct the deferred improvements, and that such
covenant shall be a covenant running with the land.
10. The City's Director of Engineering Services, at Developer's expense, shall file of
record this Deferment Agreement in the records of Nueces County.
11. No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval of the other parties.
12. 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
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
Deferment Agreementdoc
accord with the provisions of this paragraph, specify a different address or
addressee for notice purposes.
13. 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.
14. 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.
15. 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.
Deferment Agreementdoc
I""
EXECUTED in triplicate this _I J~_ day of
A ~f( J '- ,2006.
Raju Bhagat
Best Western Garden Inn
11217 IH 37
Corpus Christi, Texas 78410
("Developer")
By:
/",
f
"-PJ'"
~h fA-'Jeo-f-
-
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on the \ ~.\--~ay of -A.~t'-\ \ ,
2006, by ~~IJ y,'v-.o..~-\ , in the capacity herei ted a d as the act and
deed of said entity ~ ~
.,.~~~~!Y~r;;-...
[+{ -.{c"o:.:
- . . ..
~.,.;. "'~f
~'~~:,~~~$
XAVIER GALVAN
Notary Public, State of Texas
My Commission Expires
February 01.2009
Deferment Agreement
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By:
ARMANDO CHAPA,
City Secretary
By:
GEORGE K. NOE
City Manager
THE STATE OF TEXAS ~
~
COUNTY OF NUECES ~
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 Jolf.
By: !b~I;):JmtJL,
G ry mith
Assistant City Attorney
day of
lipn I
,2006.
For the City Attorney
Deferment Agreement
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E~HIBIT 2
-~~..,". '
C( )ST ESTIMATE-DEFFERED IMPROVEMENTS
WHELAN TRACT UNIT 4
ITEM!
DESCRIPTION
ESTIMATED UNIT
QUANTITY
-AlOFFSITEIMPFH)VEMENTS- .r
-~'PVC@'-8'C_l!t)J>anitCll}'~~~~! 1 ~~~---
2~"PVCJ4'~'cut) Sanitary Sewer .-..t'-
3i4' Diameter ManHole(6'-8'cut} Sanitary Sewer 1
-=-~onnect To ArldRehabilita1~J~xistil}9_Man Hole If.
5136" RCP Storm Sewer-t 40
-~ ~~~~~~n1~;X~i~!!aBoxtStQ.rrn~e~er) ... ... . t.+
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9 12" Valve and Box I 1 '
1 ----I
_.__.~ - .. ...----...--- - -.-!--
I~ta.LQtt~tl:!_'mprovements _._--+_
I
---i-
---1
t
..L
. e...er~dinan<::~~quir:.em~llts add..!O%
TOTAL CONSTRUCTION COST:
URBAN ENGINEERING
2725 SWANTNER CC, TX 78404
UNIT
PRICE
LF
LF
EA
EA
LF
LS
LS
EA
EA
$30.00
$28.00
$3,000.00
$4,000.00
$48.00
$8 000.00
$4,000.00
$2,800.00
$1,400.00
SubTotal
3/20/06
Job No. 40235.00.00
EXHIBIT "C"
TOTAL
PRICE
$10,800.00
$3,080.00
$3,000.00
$4,000.00
$1,920.00
$8,000.00
$4 000.00
$2,800.00
$1,400.00
$39,000.00
$3,900.00
$42,900.00
EXHIBIT 3
CharterBank
Charter Bank
10502 Leopard St.
Corpus Christl, Texas 7841 C'
Irrevocable Letter of Credit No.. 8168
Date: April 19.2006
BENEFICIARY
City of Corpus Chri'iti
POBox 9277
Corpus Christl,lex,is 78469-9277
Attn Director of Engineering ServIces
CUSTOMER: Raju Bhagat
DEVELOPMENT: Hampton Inn
DEVELOPER'S ADDRESS:
11217 IH 37, Corpus Christi,
rx 78410
Attn: Raju Bhagat
AMOUN1' $42.90000
EXPIRATION: April 19, 2007
Gentlemen.
We hereby establish our mevocable letter of credit ("Irrevocable Letter of Credit") in
favor of the CIty of Corpus Christi ("Beneficiary") for the account of Raju Bhagat, acting
bv and through Raju Bhagat("Customer"), authorizing Beneficiary to draw on Charter
Bank, Corpus Christl, Texas ("Issuer") the amount of Forty Two Thousand Nine Hundred
and nolI 00 Dollars! $42,900.00), under Beneficiary's draft bearing the clause "Drawn
under Charter Bank Irrevocable Letter of Credit No. 8168, dated April 19,2006" and
accilmpamed oy all ,)fthe follo\ving documents ("Documents"):
(l) The ilriginal of this l.etter of Credit; and
(2) The ~,worn affidaVIt of the City of Corpus Christi's, City Manager, or his
designee, stating the authority of the affiant to make the affidavit on behalf
of Beneficiarv and further stating as follows:
'That Raju Bhagat, has not installed the required improvements
or vacated the plat of Hampton Inn as required by its Deferral
Agreement with the City of Corpus Christi within the time period
allowed."
This Irrevocable Letter of Credit guarantees the obligations of the Customer to the
Beneficiary as provided in the Deferral Agreement.
EXHIBIT 4 (Page 1 of 3)
>(361)241-7681 ":'Fax(361)241-3544 . p.o.-aox.1030S . 10502 Leopard Street . CorpusC~risti.TexaS7846o-0306
Partial Drawings are not pennitted under this Irrevocable Letter of Credit.
Thi~ Irrevocable Letter of Credit is not transferable.
Issuer hereby agree~ with Beneficiary that upon presentment on or before 5 o'clock p.m.,
Corpus Christi, Texas, local time no later than April 19,2007, that drafts drawn under
and 111 compliance with the tenns of this Irrevocable Letter of Credit, Issuer will duly
honur this Irrevocable Letter of Credit.
This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it
must be automatically extended for additional periods of one year, and at one year
intervals thereafter, until April 19, 2007, unless, at least 90 days prior to April 19,
2007, Beneficiary's City Manager notifies Issuer in writing by Certified Mail at the
above address that Beneficiary has elected not to renew. Issuer shall send notice of
the automatic extension to the City's Director of Engineering Services thirty (30)
days prior to expiration of the then current Irrevocable Letter of Credit. Failure to
receive the automatic extension or a substitute Irrevocable Letter of Credit 30 days
prior to expiration of the then current Irrevocable Letter of Credit constitutes a
default upon which the then current Irrevocable Letter of Credit may be called in
its entirety, even though not stated above as a specific event of default.
This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such
undertaking must not in any way be modified, amended, or amplified by reference to any
document. instrument or agreement referred to herein or in which this Irrevocable Letter
of Credit is referred to or to which this Irrevocable Letter of Credit relates, and any
mstrument, or agreement Issuer is not a party to, or bound by the terms of any agreement
between Beneficiary and Customer. Furthennore, Issuer shall honor this Letter of Credit
without inquiring into the truth of the statements made in the sworn affidavit of
Beneficiary which statements will be considered by Issuer to be determinative,
conclusive and final
Thl s Irrevocable Letter of Credit will be governed by the provisions of the Uniform
Customs and practice for Documentary Credits (1994) Revision, International Chamber
of Commerce Publication No. 500) to the extent not inconsistent with the laws of the
State of Texas and more particularly with the provisions of Chapter 5 of the Texas
Business and Commerce Code currently in effect.
Charter Bank
) / 7
, tl!~
EXHIBIT 4 (Page 2 of 3)
.r
... . \..., ~ 1 .~.'
, i...: ~.:;
~. .".~ :. . ~
Tj1 Ie PresidCn1
Approved as to form
City Attorney
City of Corpus Christi
By :____ ______.
Assistant City Attorney
Name:
Acting Director of Fmance
EXHIBIT 4 (Page 3 of 3)
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordmance 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 NAMEAIlIU_ ~_~f1- (- .
STREET:_J.il.J2.__.I. . (-1' ~J..------ CITY:~P~01/l.U"TI
FIRM is Corporation C "Partnership 0 3 Sole Owner
Other [J
ZIP:.IJ 'II 0
~
4. Association 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 3% or more of the ownership in the above named "firm".
Name N/A Job Title and City Department (if known)
----4--- -
2. State the names of each "official" of the City of Corpus Christi
constituting 3% or more of the ownership in the above named "firm".
Name NI A Title
fVl/J. -
having an "ownership interest"
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 N/A Board. Commission or Committee
fl/lfJ- ----
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name N/ A Consultant
_____ /1./(&-_______ ____
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
{Q.. A 5v j)f~ c,.A-,
(Type or Print)
Title:
c7 t,..../ IV 4'"~
Certifying Person:
Signature of Certifying Person:
A-
Ir
~r
Date: ~..- 2.. f -- a C
EXHIBIT 5
11
BACKGROUND INFORMATION
The Texas International Boat Show will be the first of its kind in Corpus Christi. Peter
Bryant, President of MMO Communications, Inc., first met with Marina Superintendent,
Peter Davidson, in August 2005 to present a plan for the event. Three subsequent
meetings held in October 2005 and March 2006 have been held with City staff and
community partners to discuss issues, logistics, and marketing for the event. Mr. Bryant
also made a presentation to City Council on November 15, 2005 conceming the proposed
event.
Peter Bryant has worked for the past thirty years as a publisher and Exhibition Organizer in
various locations around the world, including the USA, Mexico, Russia, Europe and the Far
EMt. In 2002, Mr. Bryant has organized highly successfullntemational Yacht & Jet Shows
in The Bahamas.
Mr. Bryant became interested in hosting an International Yacht and Jet Show in Corpus
Christi after his son, who lives in Houston, saw an article in the "Dallas Moming News"
regarding the $6,000,000 improvements to the Corpus Christi Marina.
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: AprIl 25, 2006
AGENDA ITEM:
A. An Ordinance authorizing the City Manager, or designee, to execute a lease
Agreement with Peter Bryant (MMD Communications) for a term of 8 days in April,
2007. for the "Texas International Yacht & Jet Plane Show" at Peoples St. T -Head;
providing for severance; and declaring an emergency.
B. First Reading Ordinance authorizing the City Manager, or designee, to execute a
lease Agreement with Peter Bryant (MMD Communications) for a term of 8 days in
April, 2007, for the Texas International Yacht & Jet Plane Show at Peoples S1. T-Head;
providing two 5 year renewals upon City Manager, or designee, finding show
successful for city; providing for severance; and providing for publication.
ISSUE: Peter Bryant, President of MMD Communications, proposes that "The Texas
International Yacht & Jet Plane Show" be held at the Corpus Christi Marina in April 2007 .
Together with the boat show, Mr. Bryant also wishes to concurrently host a static Aircraft I
Jet Show with Classic Cars at the Corpus Christi International Airport. The City Manager,
or designee, is authorized to execute a lease Agreement with Peter Bryant (MMD
Communications, a Florida corporation) for a term of 8 days in April, 2007, for the Texas
International Yacht & Jet Plane Show at Peoples S1. T-head. The lease Agreements are
attached as Exhibit A and copies are on file with the City Secretary.
REQUIRED COUNCIL ACTION: City Council is required to authorize all leases.
PREVIOUS COUNCIL ACTION: None
A presentation was made to City Council November 15, 2005 concerning "The Texas
International Yacht & Jet Plane Show" scheduled for April 2007 at the Corpus Christi
Merina
CONCLUSION AND RECOMMENDATION: It is City Staff's recommendation that the City
Council approve the Lease Agreements.
Sally G vlik, Director
Parks Recreation Department
AtlaChment: Background Information
Excerpts from event brochure
't:l '~",~~~~'T;:
.,'
fllt, brand new ( orpm Christ: Downkwn Marina is the venue for
fhe Texas InternatIOnal Boat Show, and in-water and on-shore
exhibits will make this event one of the largest and most exciting
boat shows seen In this part of th(' U'A.
Already recogniz('d as one of th(' USA s largest buyers of boats
of all shapes and sizes, Texas is preparing to lure back to Corpus
Christi more of thf' owners who presently sail out of the eastern
seaboaRl. Also, with more and more T exam able to enjoy the
benefits of lifestyles associated with residing in the oil capital of
the world, they now have the opportunity to enjoy bigger and
better boating with a world class marina in their own backyard...
Situated just a little north of Mexico on the south Texas coastline,
a "once qu~t, little Texas seaside retreat" is feeling the effects of a
multi-billion dollar development program and is aggressively
pushing itsdf forward as the pearl of the new "Texas Riviera".
A $]0 million dollar project, "The Packel)' Channel", due to open
in June 2006, will restore beaches and reopen a natural pass at
the southern end of Corpus Christi Bay, enabling boaters to, once
again, access the Gulf of Mexico in HH' south as well as through
rhe Ship Channel to the north
Coinciding with this huge project, developers have moved in
with "high-end" resort and residential projects totaling over
$ I . ') billion, and this is just th(' Ilt'ginnmg.
The City of Corpus Christi has finished Phase I of the Texas size
Corpus Christi Downtown Marina project with refurbished floating
docks and boater facilities. Phase 2, With 180 state-of-the-art
additional floating docks for vessels up to 200' in lenqth will be
finished by October 2006.
In addition, TRT Holdings has been awarded the $]0 million
"Boardwalk by the Bay" project adjacent to the Downtown Marina.
Texas' dream of a "Texas Riviera" with gorgeous sandy beaches,
blue water and fabulous boating facilities is becoming a reality.
The Show
Buyers from across Texas, the USA and Mexico, plus exhibitors
from around the world, will combine to create a unique
marketplace offering a relaxed and leisurely environment
in which to meet during this four-day event.
In addition to some of the world's finest boats available
today, a fabulous static aircraft display will ensure The Texas
International Boat Show is a truly spectacular event. Single and
twin turbo prop aircraft, helicopters and a VIP private/business
jet display will maximize on the synergy between a growing
number of today's aircraft and boat buyers.
Luxury coaches and some very fancy RV's will be displayed
for sale alongside an exhibition of classic cars. Add live music
and entertainment for the whole family and you haVe an
unforgettable experience for both buyers and sellers.
The Texas International Boat Show - Where Business and
Fun Come Together
For more information contact;
PETER BRYANT
Telephone: 954.461.3272 Email: pbryant@txintlboatshow.com
\\ \\ \I.! \intlbo,l.sbo\\ .(01 ,
Page 1 of 2
ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
LEASE AGREEMENT WITH PETER BRYANT (MMD
COMMUNICATIONS) FOR A TERM OF 8 DAYS IN APRIL, 2007, FOR
THE TEXAS INTERNATIONAL YACHT & JET PLANE SHOW AT
PEOPLES ST. T-HEAD; PROVIDING FOR SEVERANCE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TeXAS THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Lease
Agreement with Peter Bryant (MMD Communications, a Florida corporation) for a term
of 8 days in April 2007, for the Texas International Yacht & Jet Plane Show at Peoples
St. T-head. The Lease Agreement is attached as Exhibit A and a copy is on file with the
City Secretary.
SECTION 2. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 3. 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 as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this _ _ day of __ , 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED 4 April 2006
I9C--
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\(Doyle03 06\PARK&REC 27\SpecialE vents\Oti 0404DCT xlntl YachtJet.2007 LeaseOrddoc
Page 2 of 2
Corpus Christl, Texas
.______ day of ___
.2005.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C\(Doyle.0306\PARK&REC 27\SpeciaIEvents\06 0404DC Txlntl YachtJeI.2007.Lease.Ord.doc
Page 1 of 19
2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND
MMD COMMUNICATIONS
THE STATE OF TEXAS
~
~ KNOW ALL PERSONS BY THESE PRESENTS:
~
COUNTY OF NUECES
This lease agreement ("Lease") is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation ("City"), acting through its duly
authorized City Manager or his designee ("City Manager'), and MMD Communications
("Lessee"), a Florida corporation.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and
covenants contained herein, agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation
(B) City Attorney means the City's Attorney or the City Attorney's designee
(C) City Council means the City's City Council
(D) City Manager means the City's Manager or the City Manager's designee
(E) Code means the City's Code of Ordinances, as amended
(F) Director means the City's Director of Parks and Recreation or the Director's
designee
(G) Event means the Texas International Yacht & Jet Plane Show conducted and
sponsored by Lessee,
(H) Lease means this agreement and all Exhibits and attachments
(I) lessee means MMD Communications ("Lessee"), a Florida corporation
organizing and managing the annual Texas International Yacht & Jet Plane
Show
(J) lessee's Agent means a duly authorized representative of MMD
Communications
C :\(Doyte.03. 05IPARt<&REC.27\Special.EventsI06.01 040C. Txlntl. YachtJet.2007. Lease.doc
Page 2 of 19
(K) Marina means the City's Municipal Marina
(L) Police Chief means the City's Police Chief or the Police Chiefs designee
(M) Premises means the site for the Event, more fully described in the attached
Exhibits A, B, and C that are incorporated by reference in this Lease as if fully set
out in their entirety
(N) Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee
(0) Traffic Engineer means the City's Traffic Engineer or the Traffic Engineer's
designee
Section 2 Term. This Lease is for a term of eight (8) days, beginning on April 23, 2007
at 12:01 p.m. Lessee shall be entitled to non-exclusive use, for the purpose of set-up
and take-down preparations, of the Premises for a period of eight (8) consecutive days,
from April 23, 2007 at 12:01 p.m. through April 30, 2007 at 6:00 p.m.; ,and to the
exclusive use of said Premises for a period of up to four (4) days from April 26, 2007 at
6:00 am through April 29, 2007 at 6:00 p.m, The Use Periods are shown in the attached
Exhibit D.
Section 3 Premises. The City grants to Lessee the privilege of using the following
described City property to conduct the Event:
(A) Peoples Street T-Head; Shoreline This includes the entire Peoples Street
T-Head, including boat slips and other amenities, The Shoreline Premises include
the northbound lanes of East Shoreline Boulevard (ESB) from the south right-of-
way of Schatzell S1. (Schatzel/) to the north right-of-way of Star S1. (Star),
including median and crossover areas within the above area subject to the
restriction in Section 4(B) of this Lease, This area is more fully detailed in the
attached Exhibit A. (Lessee must at all times keep an unobstructed pavement
corridor at least eighteen (18) feet wide on the east side of ESB from
Schatzell to Star for emergency vehicle use.)
(B) Fenced Premises The Fenced Premises include fenced-in portions of the Event
Premises. This area is more fully detailed in the attached Exhibit A. Note: This
Lease does not include the American Bank Center or parking lots adjacent to
the American Bank Center. Use of any of these facilities will be covered under a
separate agreement, that is executed between the City and Lessee, if this use is
determined to be necessary by Lessee.
(C) Airport Premises; Separate Lease(s} Note: This Lease does not include the
facilities at the Corpus Christi International Airport ("Airport") for the Static
Aircraft/Jet Plane Show and the Classic Cars Show. Use of any of these
facilities will be covered under one or more separate agreements, executed
between the Lessee and City and/or Tenants at the Airport, if this use is
determined to be necessary by Lessee.
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Page 3 of 19
(0) Street closure Areas The street closure process, as outlined by the Traffic
Engineer and further described in this Lease, will govern all street closures, Street
closure areas are shown in the attached Exhibit B.
Section 4 Other Areas; Other Use of Premises.
(A) Requests by Lessee for use of additional City-owned areas requires prior written
approval from the Director.
(B) No concession stand, ride, or other apparatus connected with the Event may be
placed in or on the grass or shrubbery areas within the Premises along Shoreline
Drive without the prior written permission of the Director.
Section 5 Event layout Diagram. At least two weeks prior to the Event, Lessee or
Lessee's Agent must provide the Director with a detailed diagram (Exhibit C) showing
the final Event layout and including all related activities, Layout of the Event is subject
to the approval of the Director-
Section 6 Fees; City Receives 10% of Profits In lieu of Marina Rental Fees.
(A) In consideration of granting Lessee use of the Premises, Lessee must pay City a
use fee of $100. The fee is due and payable upon the City Council's final approval
of this Lease. This fee is in addition to any other use and permit fees required in
this Lease, by City ordinance, or State law.
(B) Lessee must pay to Marina rental fees of $00,01 per square foot per day for all
Marina areas used on the Peoples Street T -Head (excluding areas covered by City
leases to vendors). Also, Lessee must pay to Marina rental fees for in-water boat
storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water
boat storage will be controlled and governed by separately executed agreements
between Lessee and the Marina Superintendent. The Marina rental fees in this
Section 6 (8) will be billed as an actual and direct cost under Section 7 of this
Lease. However, in lieu of paying these Marina rental fees, Lessee shall pay to
Marina 10% of the profits from all events staged on the Premises, including but
not limited to profits from entry fees, admission fees, concessions, and exhibitor
contracts (including, but not limited to, boat slip fees).
(C) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in
advance of the Event. If paid by check, the check must be a cashier's or certified
check and must be made payable to the City of Corpus Christi. The deposit will be
first used to reimburse the City for any costs incurred for trash pick-up, for the
removal of any structures, or for repairs to City property; provided, however, City
will attempt to provide Lessee with reasonable notification before these expenses
are incurred to allow Lessee to provide the necessary corrective action at Lessee's
cost. If none of these costs are incurred and actual and direct costs are paid as
billed, the deposit will be retumed to Lessee within ninety (90) days after the
Event.
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Page 4 of 19
Section 7 Actual & Direct Costs; Payment; Late Payment Fee.
(A) Lessee shall pay the City, within thirty (30) days after the City submits a bill, for
actual and direct costs incurred by City for City services related to and rendered in
connection with the Event, including any other City services provided by
departments other than Parks & Recreation and Police.
(B) The Director shall bill Lessee for these costs within thirty (30) calendar days after
the conclusion of the Event. The bill will contain a detailed and itemized listing of
the City's charges for services rendered. Upon receipt of a written request from
Lessee's Agent, the Director shall furnish reasonable supporting documentation of
the charges within ten (10) calendar days of receipt of the request. Lessee's failure
to pay City's bill within 30 days after submittal to Lessee shall result in a late
payment fee being assessed against Lessee. The late payment fee shall be 5% of
the amount due, as shown on City's bill, and this fee will be added to the amount
payable to the City,
(C) If there is a hurricane or other tropical storm occurrence in the local vicinity that
eliminates the Event or that reduces attendance at the Event by more than 50%
from the prior year's attendance level, the City Manager is authorized to adjust the
billing of the City's actual and direct costs.
(D) The City's actual and direct costs, incurred in assisting with the Event, may
include, but are not limited to, the following:
(1) Damages: Damage to City property as a result of the Event will be billed to
Lessee at the cost of repair. Lessee will first be given an opportunity to repair
any damage and restore damaged item, premises, or structure to the
condition in which Lessee received it.
(2) Clean Up and Litter Removal: Costs of labor contracted for clean-up during
and after the Event, including any additional clean-up that is required by the
Directors of relevant City departments at the conclusion of the Event, at
applicable City rates for the year billed. Lessee will be given the opportunity
to hire and work its own clean-up crew to perform clean up services and litter
removal during and after the Event;
(3) Security and Crowd & Traffic Control: Costs of City Police Officers provided
for security, crowd control, traffic control, and off-site traffic control, at
applicable City rates for the Police Officers assigned, and costs for additional
directional signage, barricades, and cones or other supplemental traffic
control devices, as well as the associated set-up costs, that are provided by
the City. The Police Chief shall determine the number of officers needed for
the Event, including during set-up and take down preparations, in the interest
of public safety; and
C:I(Doyte,03.05IPARK&REC .271Special. Eventsl06.0 1 04DC.Txlntl. YachtJet. 2007. Lease.doc
Page 5 of 19
(4) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services. used by exhibitor boats at Marina and not paid for
by exhibitors before Event is over.
(5) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by Lessee or Lessee's agents at Marina and
not paid for by Lessee or Lessee's agents before Event is over.
(6) Costs for any other services requested by Lessee or Lessee's Agent and
provided by the City
Section 8 Emergency Contact Numbers; Notice.
(A) Lessee shall provide emergency contact numbers to the City's Marina
Superintendent and the Director at least one week in advance of the Event.
(B) All notices, demands, requests, or replies provided for or permitted, under this
Lease, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or, (5) by fax transmission. Notice
deposited with the United States Postal Service in the manner described above will
be deemed effective two (2) business days after deposit with the United States
Postal Service. Notice by telegram or overnight express delivery service will be
deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed effective upon
transmission with proof of delivery to the receiving party, All these
communications must be made only to the following:
If to the City:
Director of Parks and Recreation
If to the lessee:
City of Corpus Christi
1201 Leopard Street, 78401
P.O. Box 9277,78469-9277
Peter Bryant
MMD Communications
1801 S. Federal Highway
Suite 224
Corpus Christi, Texas
Delray Beach, FL 33483
(361) 880-3461
FAX (361) 880-3864
(561) 279-0410
FAX (561) 279-0433
E-mail SallyG@cctexas.com
Peter@iyjs.com
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Page 6 of 19
Either party may change the address to which notice is sent by using a method set out
above. Lessee shall notify the City of an address change within ten (10) days after the
address is changed
Section 9 Public Notices. Lessee shall, at its own expense, provide to the City's
Marina Superintendent, for distribution to the public, Marina tenants, and commercial
entities, public notices detailing the Event's scheduled activities. The notices shall be
provided within ten (10) working days of the City Council's approval of this Lease. All
postal expenses incurred by the City Marina in mailing notices for the Event will be
bUled to the Lessee under Section 7 of this Lease.
Section 10 Temporary Street Closures.
(A) Lessee must make application to and receive permission from the City for the
temporary closure of any streets, in accordance with Chapter 49 of the Code.
Lessee must comply with the application procedures, to obtain a permit for
temporary street closures, that are contained in the Code, including application cut-
off dates and permit fees.
(B) Except as set out in the Code, Lessee must not obstruct or interfere with traffic on
Shoreline Boulevard, either northbound or southbound, at any time during the term
of this Lease.
(C) All street closures require the approval of the City Council to confirm the closures.
Lessee acknowledges that the decision to confirm the closure of streets is within
the sole discretion of the City Council, acting upon the application, at the time the
application is submitted.
Section 11 Parking.
(A) Lessee shall provide parking and signage, for people with disabilities, in close
proximity to the Event entrance and its related activities, as the areas are defined
in the Premises maps (Exhibits A, B, & C).
(B) In addition, Lessee shall provide five (5) parking passes, if passes are based on
City's needs, for City personnel scheduled to work during the Event.
(C) Lessee must endeavor to include information on parking restrictions and parking
options in printed pre-Event publicity generated by Lessee.
Section 12 Barricades, Traffic Signs. Lessee shall provide, at its sole cost and
expense, for the installation and maintenance of all required barricades, traffic signs,
signs to limit public viewing areas, and other traffic control devices for the safe control of
vehicular and pedestrian traffic at, and external to, the Premises as set forth in the traffic
control plan approved by the Traffic Engineer for the Event. The Traffic Engineer may
require Lessee to provide temporary directional signage to the nearby
attractions/facilities affected by any street closures and traffic circulation around the
Event
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Section 13 Premises Signage and Advertising. All on-Premises signage and
advertising that Lessee proposes to utilize for the Event must receive the Director's prior
written approval. Lessee or Lessee's Agent may request inflatable advertising for only
those events that receive national television exposure.
Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional
and sanitary portable restrooms, including restrooms for people with special needs, and
first aid stations, with drinking water, in both the viewing area of the Premises and on
the Peoples Street T-Head in the Marina. All of the aforementioned items shall be
provided throughout the duration of the Event.
Section 15 Additional Security. Lessee must separately contract and pay for any
additional security, such as daily pre and post-Event public viewing hours and night
watch security, that Lessee deems necessary in the crane and patrol boat dock areas.
If this security is provided by City's Police Officers, the expense will be billed to Lessee
as an actual and direct cost in accordance with Section 6 of this Lease.
Section 16 Insurance.
(A) Lessee shall secure and maintain, at Lessee's sole expense during the term of this
Lease, (1) a Commercial General Liability insurance policy, (2) a Liquor Liability
insurance policy, (3) an Automobile Liability insurance policy, (4) an Accident
Insurance Policy insuring Volunteers, and (5) Workers' Compensation insurance;
all required policies shall have the limits and requirements shown in the attached
Exhibit E
(8) The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2)
weeks prior to the starting date of the Event. The Certificate(s) of Insurance must
provide at least thirty (30) days written notice of cancellation, intent to not renew, or
material change of any coverage required in Exhibit E.
(C) Lessee shall proVide copies of all insurance policies to the City Attorney upon the
City Manager's written request.
(0) Lessee shall require that any vendor that sells alcoholic beverages at the Event
furnish proof of Liquor Liability insurance with the limits and requirements set out in
Exhibit E. The Certificate(s) of Insurance must be sent to the Risk Manager at
least two (2) weeks prior to the starting date of the Event and must provide that the
City receive at least thirty (30) days written notice of cancellation, intent not to
renew, or material change of any coverage required in Exhibit E,
Section 17 Indemnity_ Lessee ("Indemnitor") hereby agrees to fully
indemnify, save and hold harmless the City of Corpus Christi, its
officers, employees, agents, representatives, and servants
("Indemnitees") against any and aI/liability, damage, loss, claims,
demands and actions of any nature whatsoever on account of
personal injuries (including, without limitation on the foregoing,
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workers' compensation, premises defects, and death claims), or
property loss or damage of any kind whatsoever, which arise out of,
are in any manner connected with, or are caused by, or are claimed to
arise out of, are claimed to be in any manner connected with, or are
claimed to be caused by, either proximately or remotely, wholly or in
part, an act or omission, negligence or misconduct by Indemnitor,
Indemnitor's officers, employees, agents, representatives, servants,
contractors, patrons, licensees or invitees entering upon the
Premises (as described in Section 3 of this Lease) including, but not
limited to, those portions of Shoreline Boulevard and adjacent
portions of the road median, the Seawall, and the Marina, that are
closed to participate in, hold, attend, or observe the Event and
associated activities, with the expressed or implied invitation or
permission of the Indemnitor and Including, but not limited to,
exposure to the hazards commonly associated with large crowds,
streets closures, third-party food preparation and distribution, high
speed boat racing, and excessive heat; or when any said injury or
demage is the result, proximate or remote, of the violation by
Indemnitees or any of them, Indemnitor, or any of Indemnitor's
agents, representatives, servants, employees, contractors, patrons,
guests, licensees, or invitees of any law, ordinance, or governmental
order of any kind; or when said injury or damage may in any other
way arise from or out of the improvements located on the Premises,
out of the use or occupancy of the improvements at the Premises, or
of the Premises itself, by Indemnitees or any of them, Indemnitor, or
Indemnitor's officers, agents, servants, employees, contractors,
patrons, guests, licensees, or invitees.
The terms of indemnification are effective whether said injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, or any of them. Lessee
covenants and agrees that it shall investigate all claims and demands,
attend to their settlement or other disposition, defend all actions
based thereon with counsel satisfactory to Indemnitees, and pay all
charges of attorneys and all other costs and expenses of any kind
from any of said liability, damage, loss, claims, demands, or actions.
Section 18 Safety Hazards.
(A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief,
the City's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within
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six hours of receipt of the notification or, if a different response time is included in
the notification received, within the time frame included in the written notice of
safety hazard.
(B) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours
or the time stated in the notification, as applicable, City may correct, or cause to be
corrected, by any means reasonably available, the existing safety hazard and will
bill Lessee for the associated cost of correction( s) as an actual and direct expense,
In accordance with Section 6 of this Lease.
Section 19 Damages to City Property.
(A) The Director shall provide Lessee's Agent with a list of damages, if any, to City
property located on the Premises within two (2) working days after the close of the
Event. Lessee shall restore all items on that list to their condition prior to the
Event, to the satisfaction of the City's Director of Engineering, within three (3)
working days of receipt of the list.
(B) If Lessee fails to restore all items on the list, the Director may do so, or may cause
the same to be done, and will bill Lessee for the restoration as an actual and direct
cost, as set out in Section 6 of this Lease.
(C) Lessee or Lessee's Agent shall, upon conclusion of the Event, fill and compact all
holes in grass areas of the Premises made by Lessee or any entity or person
participating in the Event. The Director shall approve the use and type of fill
material prior to filling by Lessee. Any subsidence within the Premises must be
additionally filled by Lessee or Lessee's Agent.
Section 20 Pavement, Curbs, Sidewalks, and Seawall. Any work that creates holes
or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior
written approval of the Director and the City's Director of Engineering Services before
the work is performed; provided however, that no approval shall be given if the work will
require subsequent repairs by the City.
Section 21 Permits.
(A) Lessee shall obtain, and require that all vendors obtain, all permits applicable to
the Event which may include, but are not limited to, the following:
(1) a City-County Health Department permit for each booth selling food and all
associated penn its for food handling
(2) a Promotional Event Zoning Permit and a Temporary Structure Event Pennit
with a Certificate of Occupancy from the City's Building Inspections
Department;
(3) a Street Closure Permit from the City's Traffic Engineering Department;
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(4) a Special Event Alcohol Permit from the City's Park & Recreation Department;
(5) a Solicitation Permit from the City's Collection Department;
(6) a Regatta and/or Marina Event Permit, as mandated by 33 U.S.C. Section
100, as amended, from the City's Marina Superintendent; and
(7) a Helicopter Landing/Taking Off Permit from the City's Airport Manager
(B) Lessee must also obtain permission from the U.S, Coast Guard for use of the
navigable waterways prior to the Event.
(C) Lessee or Lessee's Agent must notify the Director, at least two weeks prior to the
Event, of any special conditions imposed by any permitting agency or the U.S.
Coast Guard upon Lessee, in relation to the Event.
Section 22 Cleanup. Lessee shall require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals
during the Event. Lessee may designate the zone, but it will not be less than 10 feet by
20 feet in the immediate area around each food and beverage booth.
(A) The clean-up must be performed hourly and immediately after closing the Event
each day. All trash cleaned up must be properly deposited in trash bags provided
by Lessee and taken to a location designated by Lessee.
(B) Lessee may hire and work its own clean-up crew during and after the Event. If the
Director determines that additional clean-up is necessary, Director will give Lessee
or Lessee's Agent two (2) hours notice to increase services and if, after the
expiration of the response time, the work remains unsatisfactory, the Director may
authorize the use of City workers, and the cost for the labor provided by the City's
clean-up workers shall be billed to Lessee as an actual and direct cost pursuant to
Section 6 of this Lease.
Section 23 Storm Water Inlet Screens. Lessee shall, at its sole cost and expense,
install screens, approved by the City's Storm Water Utility Division, across all storm
water inlets on the Peoples Street T -Head and within any closed streets in the Premises
prior to the beginning of the exclusive use period of this Lease. Lessee shall ensure
that drainage is not blocked or impeded by the placement of the screens. Lessee shall
remove the screens within the non-exclusive use period after the close of the Event.
However, Lessee must remove screens (along with any trash that has accumulated
over the screens) immediately if heavy rain is imminent, or upon the direction of the
Stormwater Superintendent or designee,
Section 24 Construction.
(A) The construction work for displays, stages, electrical, etc., within the Premises or
adjacent closed streets shall be conducted in accordance with the City's building
codes and restrictions.
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(8) Construction requested by Lessee that can be foreseen by City to cause damage
shall only be authorized if (1 ) Lessee provides the Director with written assurance,
submitted prior to the construction being performed, that Lessee agrees to remedy
said damage in accordance with Section 19 of this Lease; and (2) the Director pre-
approves the construction in writing.
Section 25 Temporary Buildings. Lessee must receive prior written approval from
the Director to place any temporary buildings on the physical ground of the Premises.
Otherwise, all temporary buildings moved onto the Premises for the Event shall be
placed and must remain on trailers to promote expeditious removal.
Section 26 Electrical & Water Services. Electrical and water service may not be
provided on or at all parts of the Premises. Lessee must apply for and secure a
Temporary Promotional Event Permit from the City's Building Inspection Division in
order to install electrical service for the Event. Furthermore, a Certificate of Occupancy
must be signed by the proper inspectors to have all temporary services, such as food,
electrical, plumbing, tents and structures, inspected and approved. It is the
responsibility of Lessee to call each inspector for an appointment to inspect and obtain
approval for each temporary service prior to the commencement of the Event.
Section 27 Permissible Vendor Location Markings. No paint or semi-permanent
markings will be permitted that obliterate or deface any pavement markings, street curb
markings or signs heretofore existing for the guidance of motor vehicles or pedestrians.
Chalk or tape markings may be used to pre-mark locations on the sidewalk or street.
Painted markings will only be permitted in grassy areas with the prior written approval of
the Director
Section 28 Dispute Resolution. The City and Lessee agree that any disputes which
may arise between them concerning this Lease, such as determining the amount of
damage to City property occurring as a result of the Event, must be submitted for
determination and resolution, first to the Director, and thereafter by right of appeal to the
City Manager, The decision of the City Manager may be appealed to the City Council
by giving written notice of appeal to the City Secretary within ten (10) days after the
written decision of the City Manager has been received by Lessee. In the event of an
appeal, the decision of the City Council will be final. This Lease in no way waives
Lessee's right to seek other legal remedies during the appeal process,
Section 29 Emergency Vehicle Lanes. Lessee shall, at all times during the Event
and non-exclusive use periods, maintain emergency vehicle lanes upon the Premises
as may be designated by the City's Fire Chief. Lessee must ensure that all emergency
vehicle lanes are kept clear of all obstructions.
Section 30 Fence. Lessee may provide, at its sole expense, a temporary six foot (6')
chain link fence, with gates for access as shown on Exhibit A. The fence will help
improve security, crowd control, litter control, and keep bicycles, skateboards, animals,
and personal coolers out of the Event area.
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Section 31 Admission Fee. Lessee may charge an admission fee within the fenced
portion of the Premises as shown on Exhibit A.
Section 32 Volunteers. Lessee must require all volunteers who will participate in the
Event to sign an accident waiver form, which will be maintained on file with Lessee.
The accident waiver form used by Lessee shall be reviewed by the Risk Manager and
approved by the City Attorney at least two (2) weeks prior to the Event.
Section 33 Assignment. Lessee may not assign or transfer this Lease nor sublease
the whole or any part of the Premises without the prior written consent of the City
Council.
Section 34 Breach. Any breach by Lessee of any covenant or condition contained in
this Lease entitles the City to terminate this Lease without notice or demand of any kind,
notwithstanding any license or permit issued by the City, and no forbearance by the City
of any prior breach by Lessee is a waiver by or estoppel against the City.
Section 35 Right of Lessee to Use Public Streets. Lessee acknowledges that the
control and use of public streets is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee.
Section 36 Right of Lessee to Use Public Parks. Lessee acknowledges that the
control and use of public parks is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee.
Section 37 Not Partnership or Joint Venture. This Lease may not be construed as
or deemed by the parties to be a partnership, joint venture, or any other relationship
which requires the City to co-sponsor or incur any liability, expense, or responsibility for
the conduct of the Event or associated activities. Payments received from Lessee by
the City are compensation for the provision of the City services, as described in this
Lease, and for granting Lessee the right to use public property for the limited purpose
described.
Section 38 Agreement between Parties. This Lease is between the City and Lessee
for the purpose of described herein and is not for the benefit of any third party or
individual.
Section 39 City Services Subject to Appropriation. Lessee recognizes that the
services agreed to be provided by the City, pursuant to this Lease, are subject to the
City's annual budget approval and appropriation process. The continuation of any
contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of
each year, is subject to appropriations and budget approval. The City does not
represent that the expenditures required by the City for the provision of services
required by this Lease will be adopted by future City Councils, said determination being
within the sole discretion of the City Council at the time of adoption of each fiscal year
budget. If the expenditures required by the City for the provision of services required by
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this Lease are not adopted for the upcoming applicable fiscal year, then City may
terminate this Lease, without recourse by Lessee, only at the end of the current
applicable fiscal year.
Section 40 Compliance with Laws
(A) Lessee must comply with all applicable Federal, State, and local government laws,
rules, regulations, and ordinances which may be applicable to its operation at the
Premises and its performance under this Lease including, without limitation,
compliance with the Americans with Disabilities Act, as amended. All compliance
required by Lessee under this section shall be at Lessee's sole expense and cost.
This Lease is also subject to applicable provisions of the City Charter.
(B) If any action or proceeding is brought to enforce compliance with this Lease, or for
failure to observe any of the covenants of this Lease, Lessee must pay the City the
sum that a court of competent jurisdiction may adjudge reasonable as attorney's
fees in said action or proceeding, or in the event of an appeal as allowed by an
appellate court, if a judgment is rendered in favor of the City.
Section 41 Interpretation; Venue. This Lease will be interpreted according to the
Texas laws which govern the interpretation of contracts. The parties agree that venue
lies in Nueces County, Texas, where this Lease was entered into and will be performed.
Section 42 Non-discrimination. Lessee warrants that they are and will continue to be
an Equal Opportunity Employer. Lessee hereby covenants that all of its employees,
participants, invitees, guests, and members of the public shall be treated equally without
regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or
age and, specifically regarding the employer-employee relationship, in compliance with
all Federal and State laws prohibiting discrimination in employment.
Section 43 Force Majeure. No party to this Lease will be liable for failures and delays
in performance due to any cause or circumstance beyond their control including, without
limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts
of God or the public enemy, common carrier, severe inclement weather, riots or
interference by civil or military authorities. The rights and obligations of the parties will
be temporarily suspended during this period to the extent performance is reasonably
affected
Section 44 Survival of Terms. Termination or expiration of this Lease, for any
reason, shall not release either party from any liabilities or obligations set forth in this
Lease that (a) the parties have expressly agreed shall survive the termination or
expiration, or (b) remain to be performed or by their nature would be intended to be
applicable following the termination or expiration.
Section 45 Construction of Ambiguities. The parties expressly agree that they have
each independently read and understood this Lease. Any ambiguities in this Lease
shall not be construed against the drafter.
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Section 46 Captions. The captions employed in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions hereof.
Section 47 Entirety Clause. This Lease and the incorporated and attached Exhibits
constitute the entire agreement between the City and Lessee for the use granted. All
other promises and representations, oral or otherwise, unless contained in this Lease,
are expressly revoked as the parties intend to provide for a complete understanding
within the provisions of this Lease and its Exhibits of the terms, conditions, promises,
and covenants relating to Lessee's operations and the Premises to be used in the
operations that are the subject of this Lease.
Section 48 Severability.
It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word hereof be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause. provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this lease, or the
application of said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected hereby.
To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected thereby; and in lieu of each illegal, invalid, or unenforceable clause
or provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 49 Marina Sale or Lease; Lease Assignment Subject to Council Approval.
If the Marina IS sold or leased to another operator, the operator shall be bound by all
provisions of this Lease.
Under Section 4 of Article IX of the City Charter, "No franchise or lease of property of
the City shall be transferred by the holder [Lessee] thereof except with the approval of
the Council expressed by ordinance, which approval shall not be unreasonably
withheld."
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SIGNED IN DUPLICATE, each of which shall be considered an original, on this the
day of__ ______ , 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
s-
~V:AS TO LEGAL FORMA' January 2006
'Doyfe D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2006, by
George K. Noe, or his designee, , City Manager of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said
corporation
Notary Public, State of Texas
Printed name:
Commission expires:__
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LESSEE: MMD COMMUNICATIONS
Signature _____ ~ j _____
Printed Name Peter Bryant
Title: President
Date:
1/~/6L"
( I
STATE OF FLORIDA 9
,1, I . JI 9
COUNTY OF, VI/, Iii a7h' I'f ~
This instrument was acknowledged before me on J~c7'la.) 'Ii-- , 2006, by
Peter Bryant, President of MMD Communications, a Flori a corporation, on behalf of
C_- said corp~tion /1
~~~~=
./,,; "..'" MARY ELLEN ANDERSON
Printed name. !j>~;'11!\<1;, M'I CO~L1ISslotaOD1C3183EXPlRES
. ;;... ;.;.... .::! {\1A'j 7,1686
\':!.~-;",';'$" BONGED llillU TF\O~ fAIN INS1IlWICE, Ille.
Commission expires :.:..-.....
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YEAR
2007
Page 17 of 19
EXHIBIT D
2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
NON-EXCLUSIVE USE PERIODS
12:01 p.m. Monday, Apr. 23, 2007
thru 6:00 p.m. Monday, Apr. 30, 2007
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EXCLUSIVE USE PERIODS
6:00 a.m. Thursday, Apr, 26, 2007
thru 6:00 p.m. Sunday, Apr. 29, 2007
Page 18 of 19
EXHIBIT E
INSURANCE REQUIREMENTS
A. Lessee must not commence work under this Lease until all insurance required herein has been obtained and
such insurance has been approved by the City. The Lessee must not allow any subcontractor to commence
work until all similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the Risk Manager. two (2) copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an
additional insured for all liability policies. and a blanket waiver of subrogation is required on all applicable
policies
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-0ay Notice of Cancellation, non-renewal, material Bodily Injury and Property Damage
change or termination required on all certificates
COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Products! Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
LIQUOR LIABILITY
1. Vendors providing andl or selling alcohol $1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY -- Owned, Non-owned or
rented vehicles
1. Contractors & Subcontractors delivering tents, $500,000 COMBINED SINGLE LIMIT
stages, bleachers, temporary structures and
other large item s
AT A MINIMUM, STATUTORY LIMITS of $20,000 /
2. Lessee workers and volunteers $40,000 for BODILY INJURY & $15,000 for
PROPERTY DAMAGE
Required if Lessee employs any person other
than himself/herself:
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERSO
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON
$10,000 DEATH or DISMEMBERMENT per PERSON
c. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such
accidents within ten (10) days of the accident
IntemaUonal Yacht & Jet Plane Show ins. req.
12-16-Q5ep Risk Mgmt
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II. ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance company
obtained in accordance with Texas law. The contract for coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers' compensation
coverage provided must be in an amount sufficient to ensure that all workers' compensation
obligations incurred by the Lessee will be promptly met.
B. Certificate of Insurance:
· The City of Corpus Christi must be named as an additional insured on the liability
coverage, Compensation coverage and a blanket waiver of subrogation is required on all
applicable policies
· If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to" and deleting the wording after "left". In
lieu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory.
· The name of the event, including exact dates including move-in and move out
dates shall be shown under the Description of Operationsl Locations I Vehicles! Special
Items.
· At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation
Director of material change, non-renewal, termination or cancellation is required.
c. If the Certificate of Insurance does not show on its face the existence of the coverage required by
items 1.8 (1 )-(7), an authorized representative of the insurance company must include a
letter specifically stating whether items 1.8. (1 )-(7) are included or excluded.
Intemational Yacht & Jet Plane Show ins. req
12-16-05ep Risk Mgmt
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Page 1 of 2
ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
LEASE AGREEMENT WITH PETER BRYANT (MMD
COMMUNICATIONS) FOR A TERM OF 8 DAYS IN APRIL, 2007, FOR
THE TEXAS INTERNATIONAL YACHT & JET PLANE SHOW AT
PEOPLES ST. T.HEAD; PROVIDING TWO 5 YEAR RENEWALS UPON
CITY MANAGER, OR DESIGNEE, FINDING SHOW SUCCESSFUL FOR
CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICA TION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Lease
Agreement with Peter Bryant (MMD Communications, a Florida corporation) for a term
of 8 days in April, 2007, for the Texas International Yacht & Jet Plane Show at Peoples
St. T -head. The Lease Agreement provides for two 5 year renewals (with an 8 day term
in April of 2008-12 and 2013-17) upon City Manager, or designee, finding Show
successful for City. The Lease Agreement is attached as Exhibit A and a copy is on file
with the City Secretary.
SECTION 2. Under Article IX, Section 3 of the City Charter, this ordinance and the
Lease Agreement are effective on the 61 st day after City Council adoption of this
ordinance on second and final reading; and the second and final reading of this
ordinance is at least twenty eight (28) days after the first reading. Each reading was
done at a regular meeting of the City Council.
SECTION 3. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction. that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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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 E. Marez
----
Melody Cooper ---_._._- Jesse Noyola
Jerry Garcia Mark Scott
William Kelly ------
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 E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia -"'---'~-"- Mark Scott
William Kelly .-..-----
PASSED AND APPROVED on the ___ day of
,2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~: 4 APrtI200~___
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
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2007 TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
LEASE AGREEMENT (With Two 5 Yr Renewals: 2008-12 & 2013-17)
BETWEEN THE CITY OF CORPUS CHRISTI
AND
MMD COMMUNICATIONS
THE STATE OF TEXAS
~
~ KNOW ALL PERSONS BY THESE PRESENTS:
~
COUNTY OF NUECES
This lease agreement ("lease") is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation ("City"), acting through its duly
authorized City Manager or his designee ("City Manager"), and MMD Communications
("lessee"), a Florida corporation.
NOW, THEREFORE, City and lessee, in consideration of the mutual promises and
covenants contained herein, agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation
(B) City Attorney means the City's Attorney or the City Attorney's designee
(C) City Council means the City's City Council
(D) City Manager means the City's Manager or the City Manager's designee
(E) Code means the City's Code of Ordinances, as amended
(F) Director means the City's Director of Parks and Recreation or the Director's
designee
(G) Event means the Texas International Yacht & Jet Plane Show conducted and
sponsored by lessee.
(H) Lease means this agreement and all Exhibits and attachments
(I) Lessee means MMD Communications ("lessee"), a Florida corporation
organizing and managing the annual Texas International Yacht & Jet Plane
Show
(J) Lessee's Agent means a duly authorized representative of MMD
Communications
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(K) Marina means the City's Municipal Marina
(l) Police Chief means the City's Police Chief or the Police Chiefs designee
(M) Premises means the site for the Event, more fully described in the attached
Exhibits A, B, and C that are incorporated by reference in this Lease as if fully set
out in their entirety
(N) Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee
(0) Traffic Engineer means the City's Traffic Engineer or the Traffic Engineer's
designee
Section 2 Term; 8 Days in April 2007; Two 5 Year Renewals.
(A) 8 Days in April 2007 This Lease is for a term of eight (8) days, beginning on April
23,2007 at 12:01 p.m. lessee shall be entitled to non-exclusive use, for the purpose of
set-up and take-down preparations. of the Premises for a period of eight (8) consecutive
days, from April 23, 2007 at 12:01 p.m, through April 30, 2007 at 6:00 p.m.; .and to the
exclusive use of said Premises for a period of up to four (4) days from April 26, 2007 at
6:00 am through April 29, 2007 at 6:00 p.m.
(B) Two 5 Year Renewals City Manager shall renew this Lease for a term of eight (8)
days in April 2008-12 if City Manager finds that the 2007 Event is successful for City.
Further, City Manager shall renew this lease for a term of eight (8) days in April 2013-
17 if City Manager finds that the 2012 Event is successful for City. The Use Periods for
2007 and the projected Use Periods for 2008-12 and 2013-17 are shown in the attached
Exhibit D.
Section 3 Premises. The City grants to Lessee the privilege of using the following
described City property to conduct the Event:
(A) Peoples Street T-Head; Shoreline This includes the entire Peoples Street
T-Head in the Marina, including boat slips and other amenities. The Shoreline
Premises include the northbound lanes of East Shoreline Boulevard (ESB) from
the south right-of-way of Schatzell S1. (Schatzel/) to the north right-of-way of Star
S1. (Star), including median and crossover areas within the above area subject to
the restriction in Section 4(B) of this Lease. This area is more fully detailed in the
attached Exhibit A. (Lessee must at all times keep an unobstructed pavement
corridor at least eighteen (18) feet wide on the east side of ESB from
Schatzell to Star for emergency vehicle use.)
(8) Fenced Premises The Fenced Premises include fenced-in portions of the Event
Premises. This area is more fully detailed in the attached Exhibit A. Note: This
Lease does not include the American Bank Center or parking lots adjacent to
the American Bank Center. Use of any of these facilities will be covered under a
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separate agreement, that is executed between the City and Lessee, if this use is
determined to be necessary by Lessee.
(C) Airport Premises; Separate Lease(s) Note: This Lease does not include the
facilities at the Corpus Christi International Airport ("Airport") for the Static
Aircraft/Jet Plane Show and the Classic Cars Show. Use of any of these
facilities will be covered under one or more separate agreements, executed
between the Lessee and City and/or Tenants at the Airport, if this use is
determined to be necessary by Lessee.
(D) Street closure Areas The street closure process, as outlined by the Traffic
Engineer and further described in this Lease, will govern all street closures. Street
closure areas are shown in the attached Exhibit B.
Section 4 Other Areas; Other Use of Premises.
(A) Requests by Lessee for use of additional City-owned areas requires prior written
approval from the Director.
(B) No concession stand, ride, or other apparatus connected with the Event may be
placed in or on the grass or shrubbery areas within the Premises along Shoreline
Drive without the prior written permission of the Director.
Section 5 Event layout Diagram. At least two weeks prior to the Event, Lessee or
Lessee's Agent must provide the Director with a detailed diagram (Exhibit C) showing
the final Event layout and including all related activities. Layout of the Event is subject
to the approval of the Director.
Section 6 Fees; City Receives 10% of Profits In Lieu of Marina Rental Fees.
(A) In consideration of granting Lessee use of the Premises, Lessee must pay City a
use fee of $100. The fee is due and payable upon the City Council's final approval
of this Lease. This fee is in addition to any other use and permit fees required in
this Lease, by City ordinance, or State law.
(B) Lessee must pay to Marina rental fees of $00.01 per square foot per day for all
Marina areas used on the Peoples Street T-Head (excluding areas covered by City
leases to vendors). Also, Lessee must pay to Marina rental fees for in-water boat
storage of exhibitor, patrol, medical, and media boats. The rental fees for in-water
boat storage will be controlled and governed by separately executed agreements
between Lessee and the Marina Superintendent. The Marina rental fees in this
Section 6 (B) will be billed as an actual and direct cost under Section 7 of this
Lease. However, in lieu of paying these Marina rental fees, Lessee shall pay to
Marina 10% of the profits from all events staged on the Premises, including but
not limited to profits from entry fees, admission fees, concessions, and exhibitor
contracts (including, but not limited to, boat slip fees).
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(C) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in
advance of the Event. If paid by check, the check must be a cashier's or certified
check and must be made payable to the City of Corpus Christi. The deposit will be
first used to reimburse the City for any costs incurred for trash pick-up, for the
removal of any structures, or for repairs to City property; provided, however, City
will attempt to provide Lessee with reasonable notification before these expenses
are incurred to allow Lessee to provide the necessary corrective action at Lessee's
cost. If none of these costs are incurred and actual and direct costs are paid as
billed, the deposit will be returned to Lessee within ninety (90) days after the
Event.
Section 7 Actual & Direct Costs; Payment; Late Payment Fee.
(A) Lessee shall pay the City, within thirty (30) days after the City submits a bill, for
actual and direct costs incurred by City for City services related to and rendered in
connection with the Event, including any other City services provided by
departments other than Parks & Recreation and Police.
(B) The Director shall bill Lessee for these costs within thirty (30) calendar days after
the conclusion of the Event. The bill will contain a detailed and itemized listing of
the City's charges for services rendered. Upon receipt of a written request from
Lessee's Agent, the Director shall furnish reasonable supporting documentation of
the charges within ten (10) calendar days of receipt of the request. Lessee's failure
to pay City's bill within 30 days after submittal to Lessee shall result in a late
payment fee being assessed against Lessee. The late payment fee shall be 5% of
the amount due, as shown on City's bill, and this fee will be added to the amount
payable to the City.
(C) If there is a hurricane or other tropical storm occurrence in the local vicinity that
eliminates the Event or that reduces attendance at the Event by more than 50%
from the prior year's attendance level, the City Manager is authorized to adjust the
billing of the City's actual and direct costs.
(0) The City's actual and direct costs, incurred in assisting with the Event, may
include, but are not limited to, the following:
(1 ) Damages: Damage to City property as a result of the Event will be billed to
lessee at the cost of repair. Lessee will first be given an opportunity to repair
any damage and restore damaged item, premises, or structure to the
condition in which Lessee received it.
(2) Clean Up and Litter Removal: Costs of labor contracted for clean-up during
and after the Event, including any additional clean-up that is required by the
Directors of relevant City departments at the conclusion of the Event, at
applicable City rates for the year billed. Lessee will be given the opportunity
to hire and work its own clean-up crew to perform clean up services and litter
removal during and after the Event;
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(3) Security and Crowd & Traffic Control: Costs of City Police Officers provided
for security, crowd control, traffic control, and off-site traffic control, at
applicable City rates for the Police Officers assigned, and costs for additional
directional signage, barricades, and cones or other supplemental traffic
control devices, as well as the associated set-up costs, that are provided by
the City. The Police Chief shall determine the number of officers needed for
the Event, including during set-up and take down preparations, in the interest
of public safety; and
(4) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by exhibitor boats at Marina and not paid for
by exhibitors before Event is over.
(5) Costs for all Marina utilities, including but not limited to electricity, water, and
sewage disposal services, used by Lessee or Lessee's agents at Marina and
not paid for by Lessee or Lessee's agents before Event is over.
(6) Costs for any other services requested by Lessee or Lessee's Agent and
provided by the City.
Section 8 Emergency Contact Numbers; Notice.
(A) Lessee shall provide emergency contact numbers to the City's Marina
Superintendent and the Director at least one week in advance of the Event.
(B) All notices, demands, requests, or replies provided for or permitted, under this
Lease, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or, (5) by fax transmission. Notice
deposited with the United States Postal Service in the manner described above will
be deemed effective two (2) business days after deposit with the United States
Postal Service, Notice by telegram or overnight express delivery service will be
deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed effective upon
transmission with proof of delivery to the receiving party, All these
communications must be made only to the following:
If to the City:
If to the Lessee:
Director of Parks and Recreation
Peter Bryant
MMD Communications
City of Corpus Christi
1201 Leopard Street, 78401
P.O. Box 9277,78469-9277
1801 S. Federal Highway
Suite 224
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Corpus Christi , Texas
Delray Beach, FL 33483
(561) 279-0410
FAX (561 ) 279-0433
(361) 880-3461
FAX (361) 880-3864
E-mail SallyG@cctexas.com
Peter@iyjs.com
Either party may change the address to which notice is sent by using a method set out
above. Lessee shall notify the City of an address change within ten (10) days after the
address is changed.
Section 9 Public Notices. Lessee shall, at its own expense, provide to the City's
Marina Superintendent, for distribution to the public, Marina tenants, and commercial
entities, public notices detailing the Event's scheduled activities. The notices shall be
provided within ten (10) working days of the City Council's approval of this Lease. All
postal expenses incurred by the City Marina in mailing notices for the Event will be
billed to the Lessee under Section 7 of this Lease.
Section 10 Temporary Street Closures.
(A) Lessee must make application to and receive permission from the City for the
temporary closure of any streets, in accordance with Chapter 49 of the Code.
Lessee must comply with the application procedures, to obtain a permit for
temporary street closures, that are contained in the Code, including application cut-
off dates and permit fees.
(B) Except as set out in the Code, Lessee must not obstruct or interfere with traffic on
Shoreline Boulevard, either northbound or southbound, at any time during the term
of this Lease.
(C) All street closures require the approval of the City Council to confirm the closures.
Lessee acknowledges that the decision to confirm the closure of streets is within
the sole discretion of the City Council, acting upon the application, at the time the
application is submitted.
Section 11 Parking.
(A) Lessee shall provide parking and signage, for people with disabilities, in close
proximity to the Event entrance and its related activities, as the areas are defined
in the Premises maps (Exhibits A, B, & C),
(B) In addition, Lessee shall provide five (5) parking passes, if passes are based on
City's needs, for City personnel scheduled to work during the Event.
(C) Lessee must endeavor to include information on parking restrictions and parking
options in printed pre-Event publicity generated by Lessee.
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Section 12 Barricades, Traffic Signs. Lessee shall provide. at its sole cost and
expense, for the installation and maintenance of all required barricades, traffic signs,
signs to limit public viewing areas, and other traffic control devices for the safe control of
vehicular and pedestrian traffic at, and external to, the Premises as set forth in the traffic
control plan approved by the Traffic Engineer for the Event. The Traffic Engineer may
require Lessee to provide temporary directional signage to the nearby
attractions/facilities affected by any street closures and traffic circulation around the
Event
Section 13 Premises Signage and Advertising. All on-Premises signage and
advertising that Lessee proposes to utilize for the Event must receive the Director's prior
written approval. Lessee or Lessee's Agent may request inflatable advertising for only
those events that receive national television exposure.
Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional
and sanitary portable restrooms, including restrooms for people with special needs, and
first aid stations, with drinking water, in both the viewing area of the Premises and on
the Peoples Street T-Head in the Marina. All of the aforementioned items shall be
provided throughout the duration of the Event.
Section 15 Additional Security. Lessee must separately contract and pay for any
additional security, such as daily pre and post-Event public viewing hours and night
watch security, that Lessee deems necessary in the crane and patrol boat dock areas.
If this security is provided by City's Police Officers, the expense will be billed to Lessee
as an actual and direct cost in accordance with Section 6 of this Lease.
Section 16 Insurance.
(A) Lessee shall secure and maintain, at Lessee's sole expense during the term of this
Lease, (1) a Commercial General Liability insurance policy, (2) a Liquor Liability
insurance policy, (3) an Automobile Liability insurance policy, (4) an Accident
Insurance Policy insuring Volunteers, and (5) Workers' Compensation insurance;
all required policies shall have the limits and requirements shown in the attached
Exhibit E
(B) The Certificate(s) of Insurance must be sent to the Risk Manager at least two (2)
weeks prior to the starting date of the Event. The Certificate(s) of Insurance must
provide at least thirty (30) days written notice of cancellation, intent to not renew, or
material change of any coverage required in Exhibit E.
(C) Lessee shall provide copies of all insurance poliCies to the City Attorney upon the
City Manager's written request.
(0) Lessee shall require that any vendor that sells alcoholic beverages at the Event
furnish proof of Liquor Liability insurance with the limits and requirements set out in
Exhibit E. The Certificate(s) of Insurance must be sent to the Risk Manager at
least two (2) weeks prior to the starting date of the Event and must provide that the
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City receive at least thirty (30) days written notice of cancellation, intent not to
renew, or material change of any coverage required in Exhibit E,
Section 17 Indemnity. Lessee ("Indemnitor") hereby agrees to fully
indemnify, save and hold harmless the City of Corpus Christi, its
officers, employees, agents, representatives, and servants
("Indemnitees") against any and aI/liability, damage, loss, claims,
demands and actions of any nature whatsoever on account of
personal injuries (including, without limitation on the foregoing,
workers' compensation, premises defects, and death claims), or
property loss or damage of any kind whatsoever, which arise out of,
are in any manner connected with, or are caused by, or are claimed to
arise out of, are claimed to be in any manner connected with, or are
claimed to be caused by, either proximately or remotely, wholly or in
part, an act or omission, negligence or misconduct by Indemnitor,
Indemnitor's officers, employees, agents, representatives, servants,
contractors, patrons, licensees or invitees entering upon the
Premises (as described in Section 3 of this Lease) including, but not
limited to, those portions of Shoreline Boulevard and adjacent
portions of the road median, the Seawall, and the Marina, that are
closed to participate in, hold, attend, or observe the Event and
associated activities, with the expressed or implied invitation or
permission of the Indemnitor and including, but not limited to,
exposure to the hazards commonly associated with large crowds,
streets closures, third-party food preparation and distribution, high
speed boat racing, and excessive heat; or when any said injury or
damage is the result, proximate or remote, of the violation by
Indemnitees or any of them, Indemnitor, or any of Indemnitor's
agents, representatives, servants, employees, contractors, patrons,
guests, licensees, or invitees of any law, ordinance, or governmental
order of any kind; or when said injury or damage may in any other
way arise from or out of the improvements located on the Premises,
out of the use or occupancy of the improvements at the Premises, or
of the Premises itself, by Indemnitees or any of them, Indemnitor, or
Indemnitor's officers, agents, servants, employees, contractors,
patrons, guests, licensees, or invitees.
The terms of indemnification are effective whether said injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, or any of them. Lessee
covenants and agrees that it shall investigate all claims and demands,
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attend to their settlement or other disposition, defend all actions
based thereon with counsel satisfactory to Indemnitees, and pay all
charges of attorneys and all other costs and expenses of any kind
from any of said liability, damage, loss, claims, demands, or actions.
Section 18 Safety Hazards.
(A) Lessee shall, upon written notice of an identified safety hazard by the Police Chief,
the City's Fire Chief, Director, or Risk Manager, correct the safety hazard(s) within
six hours of receipt of the notification or, if a different response time is included in
the notification received, within the time frame included in the written notice of
safety hazard.
(B) If Lessee or Lessee's Agent does not correct the safety hazard(s) within six hours
or the time stated in the notification, as applicable, City may correct, or cause to be
corrected, by any means reasonably available, the existing safety hazard and will
bill Lessee for the associated cost of correction(s) as an actual and direct expense,
in accordance with Section 6 of this Lease.
Section 19 Damages to City Property.
(A) The Director shall provide Lessee's Agent with a list of damages, if any, to City
property located on the Premises within two (2) working days after the close of the
Event. Lessee shall restore all items on that list to their condition prior to the
Event, to the satisfaction of the City's Director of Engineering, within three (3)
working days of receipt of the list.
(8) If Lessee fails to restore all items on the list, the Director may do so, or may cause
the same to be done, and will bill Lessee for the restoration as an actual and direct
cost, as set out in Section 6 of this Lease.
(C) Lessee or Lessee's Agent shall, upon conclusion of the Event, fill and compact all
holes in grass areas of the Premises made by Lessee or any entity or person
participating in the Event. The Director shall approve the use and type of fill
material prior to filling by Lessee. Any subsidence within the Premises must be
additionally filled by Lessee or Lessee's Agent.
Section 20 Pavement, Curbs, Sidewalks, and Seawall. Any work that creates holes
or other changes to the pavement, curbs, sidewalks, or Seawall requires the prior
written approval of the Director and the City's Director of Engineering Services before
the work is performed; provided however, that no approval shall be given if the work will
require subsequent repairs by the City.
Section 21 Permits.
(A) Lessee shall obtain, and require that all vendors obtain, all permits applicable to
the Event which may include, but are not limited to, the following:
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(1) a City-County Health Department permit for each booth selling food and all
associated permits for food handling
(2) a Promotional Event Zoning Permit and a Temporary Structure Event Permit
with a Certificate of Occupancy from the City's Building Inspections
Department;
(3) a Street Closure Permit from the City's Traffic Engineering Department;
(4) a Special Event Alcohol Permit from the City's Park & Recreation Department;
(5) a Solicitation Permit from the City's Collection Department;
(6) a Regatta and/or Marina Event Permit, as mandated by 33 U.S.C. Section
100, as amended, from the City's Marina Superintendent; and
(7) a Helicopter LandinglTaking Off Permit from the City's Airport Manager
(B) Lessee must also obtain permission from the U.S, Coast Guard for use of the
navigable waterways prior to the Event.
(C) Lessee or Lessee's Agent must notify the Director, at least two weeks prior to the
Event, of any special conditions imposed by any permitting agency or the U.S.
Coast Guard upon Lessee, in relation to the Event.
Section 22 Cleanup. Lessee shall require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals
during the Event. Lessee may designate the zone, but it will not be less than 10 feet by
20 feet in the immediate area around each food and beverage booth.
(A) The clean-up must be performed hourly and immediately after closing the Event
each day. All trash cleaned up must be properly deposited in trash bags provided
by Lessee and taken to a location designated by Lessee.
(B) Lessee may hire and work its own clean-up crew during and after the Event. If the
Director determines that additional clean-up is necessary, Director will give Lessee
or Lessee's Agent two (2) hours notice to increase services and if, after the
expiration of the response time, the work remains unsatisfactory, the Director may
authorize the use of City workers, and the cost for the labor provided by the City's
clean-up workers shall be billed to Lessee as an actual and direct cost pursuant to
Section 6 of this Lease.
Section 23 Storm Water Inlet Screens. Lessee shall, at its sole cost and expense,
install screens, approved by the City's Storm Water Utility Division, across all storm
water inlets on the Peoples Street T -Head and within any closed streets in the Premises
prior to the beginning of the exclusive use period of this Lease. Lessee shall ensure
that drainage is not blocked or impeded by the placement of the screens. Lessee shall
remove the screens within the non-exclusive use period after the close of the Event.
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However, Lessee must remove screens (along with any trash that has accumulated
over the screens) immediately if heavy rain is imminent, or upon the direction of the
Stormwater Superintendent or designee.
Section 24 Construction.
(A) The construction work for displays, stages, electrical, etc., within the Premises or
adjacent closed streets shall be conducted in accordance with the City's building
codes and restrictions.
(B) Construction requested by Lessee that can be foreseen by City to cause damage
shall only be authorized if (1) Lessee provides the Director with written assurance,
submitted prior to the construction being performed, that Lessee agrees to remedy
said damage in accordance with Section 1 9 of this Lease; and (2) the Director pre-
approves the construction in writing.
Section 25 Temporary Buildings. Lessee must receive prior written approval from
the Director to place any temporary buildings on the physical ground of the Premises.
Otherwise, all temporary buildings moved onto the Premises for the Event shall be
placed and must remain on trailers to promote expeditious removal.
Section 26 Electrical & Water Services. Electrical and water service may not be
provided on or at all parts of the Premises, Lessee must apply for and secure a
Temporary Promotional Event Permit from the City's Building Inspection Division in
order to install electrical service for the Event. Furthermore, a Certificate of Occupancy
must be signed by the proper inspectors to have all temporary services, such as food,
electrical, plumbing, tents and structures, inspected and approved. It is the
responsibility of Lessee to call each inspector for an appointment to inspect and obtain
approval for each temporary service prior to the commencement of the Event.
Section 27 Permissible Vendor Location Markings. No paint or semi-permanent
markings will be permitted that obliterate or deface any pavement markings, street curb
markings or signs heretofore existing for the guidance of motor vehicles or pedestrians,
Chalk or tape markings may be used to pre-mark locations on the sidewalk or street.
Painted markings will only be permitted in grassy areas with the prior written approval of
the Director.
Section 28 Dispute Resolution. The City and Lessee agree that any disputes which
may arise between them concerning this Lease, such as determining the amount of
damage to City property occurring as a result of the Event, must be submitted for
determination and resolution, first to the Director, and thereafter by right of appeal to the
City Manager. The decision of the City Manager may be appealed to the City Council
by giving written notice of appeal to the City Secretary within ten (10) days after the
written decision of the City Manager has been received by Lessee. In the event of an
appeal, the decision of the City Council will be final. This lease in no way waives
Lessee's right to seek other legal remedies during the appeal process.
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Section 29 Emergency Vehicle Lanes. Lessee shall, at all times during the Event
and non-exclusive use periods, maintain emergency vehicle lanes upon the Premises
as may be designated by the City's Fire Chief. Lessee must ensure that all emergency
vehicle lanes are kept clear of all obstructions.
Section 30 Fence. Lessee may provide, at its sole expense, a temporary six foot (6')
chain link fence, with gates for access as shown on Exhibit A. The fence will help
improve security, crowd control, litter control, and keep bicycles, skateboards, animals,
and personal coolers out of the Event area,
Section 31 Admission Fee. Lessee may charge an admission fee within the fenced
portion of the Premises as shown on Exhibit A.
Section 32 Volunteers. Lessee must require all volunteers who will participate in the
Event to sign an accident waiver form, which will be maintained on file with Lessee.
The accident waiver form used by Lessee shall be reviewed by the Risk Manager and
approved by the City Attorney at least two (2) weeks prior to the Event.
Section 33 Assignment. Lessee may not assign or transfer this Lease nor sublease
the whole or any part of the Premises without the prior written consent of the City
Council.
Section 34 Breach. Any breach by Lessee of any covenant or condition contained in
this Lease entitles the City to terminate this Lease without notice or demand of any kind,
notwithstanding any license or permit issued by the City, and no forbearance by the City
of any prior breach by Lessee is a waiver by or estoppel against the City.
Section 35 Right of Lessee to Use Public Streets. Lessee acknowledges that the
control and use of publiC streets is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee.
Section 36 Right of Lessee to Use Public Parks. Lessee acknowledges that the
control and use of publiC parks is declared to be inalienable by the City, and, except for
the use privilege granted in this document, this Lease does not confer any right, title, or
interest in the public property to Lessee,
Section 37 Not Partnership or Joint Venture. This Lease may not be construed as
or deemed by the parties to be a partnership, joint venture, or any other relationship
which requires the City to co-sponsor or incur any liability, expense, or responsibility for
the conduct of the Event or associated activities. Payments received from Lessee by
the City are compensation for the provision of the City services, as described in this
Lease, and for granting Lessee the right to use public property for the limited purpose
described.
Section 38 Agreement between Parties. This Lease is between the City and Lessee
for the purpose of described herein and is not for the benefit of any third party or
individual.
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Section 39 City Services Subject to Appropriation. Lessee recognizes that the
services agreed to be provided by the City, pursuant to this Lease, are subject to the
City's annual budget approval and appropriation process, The continuation of any
contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of
each year, is subject to appropriations and budget approval. The City does not
represent that the expenditures required by the City for the provision of services
required by this Lease will be adopted by future City Councils, said determination being
within the sole discretion of the City Council at the time of adoption of each fiscal year
budget. If the expenditures required by the City for the provision of services required by
this Lease are not adopted for the upcoming applicable fiscal year, then City may
terminate this Lease, without recourse by Lessee, only at the end of the current
applicable fiscal year.
Section 40 Compliance with laws
(A) Lessee must comply with all applicable Federal, State, and local government laws,
rules, regulations, and ordinances which may be applicable to its operation at the
Premises and its performance under this Lease including, without limitation,
compliance with the Americans with Disabilities Act, as amended. All compliance
required by Lessee under this section shall be at Lessee's sole expense and cost.
This Lease is also subject to applicable provisions of the City Charter,
(B) If any action or proceeding is brought to enforce compliance with this Lease, or for
failure to observe any of the covenants of this Lease, Lessee must pay the City the
sum that a court of competent jurisdiction may adjudge reasonable as attorney's
fees in said action or proceeding, or in the event of an appeal as allowed by an
appellate court, if a judgment is rendered in favor of the City.
Section 41 Interpretation; Venue. This Lease will be interpreted according to the
Texas laws which govern the interpretation of contracts, The parties agree that venue
lies in Nueces County, Texas, where this Lease was entered into and will be performed,
Section 42 Non-discrimination. Lessee warrants that they are and will continue to be
an Equal Opportunity Employer. Lessee hereby covenants that all of its employees,
participants, invitees, guests, and members of the publiC shall be treated equally without
regard to or because of race, color, creed, national origin, ethnicity, sex, disability, or
age and, specifically regarding the employer-employee relationship, in compliance with
all Federal and State laws prohibiting discrimination in employment.
Section 43 Force Majeure. No party to this Lease will be liable for failures and delays
in perfonnance due to any cause or circumstance beyond their control including, without
limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts
of God or the public enemy, common carrier, severe inclement weather, riots or
interference by civil or military authorities. The rights and obligations of the parties will
be temporarily suspended during this period to the extent performance is reasonably
affected.
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Section 44 Survival of Terms. Termination or expiration of this Lease, for any
reason, shall not release either party from any liabilities or obligations set forth in this
Lease that (a) the parties have expressly agreed shall survive the termination or
expiration, or (b) remain to be performed or by their nature would be intended to be
applicable following the termination or expiration
Section 45 Construction of Ambiguities. The parties expressly agree that they have
each independently read and understood this Lease. Any ambiguities in this Lease
shall not be construed against the drafter
Section 46 Captions. The captions employed in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions hereof.
Section 47 Entirety Clause, This Lease and the incorporated and attached Exhibits
constitute the entire agreement between the City and Lessee for the use granted. All
other promises and representations, oral or otherwise, unless contained in this Lease,
are expressly revoked, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its Exhibits of the terms, conditions, promises,
and covenants relating to Lessee's operations and the Premises to be used in the
operations that are the subject of this Lease.
Section 48 Severability.
It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word hereof be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Lease, or the
application of said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid or unenforceable, will not be affected hereby.
To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected thereby; and in lieu of each illegal, invalid, or unenforceable clause
or provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 49 Marina Sale or Lease; Lease Assignment Subject to Council Approval.
If the Marina is sold or leased to another operator, the operator shall be bound by all
provisions of this Lease.
Under Section 4 of Article IX of the City Charter, "No franchise or lease of property of
the City shall be transferred by the holder [Lessee] thereof except with the approval of
the Council expressed by ordinance, which approval shall not be unreasonably
withheld. "
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SIGNED IN DUPLICATE, each of which shall be considered an original, on this the
day of __ _, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
George K. Noe, City Manager
Armando Chapa, City Secretary
5
APPROVED AS TO LEGAL FORM A' January 2006
~--
Ooyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on ,2006, by
George K. Noe, or his designee, , City Manager of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said
corporation,
Notary Public, State of Texas
Printed name:
Commission expires:__
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Page 16 of 19
LESSEE: MMD COMMUNICATIONS
Signature: __~_._._._..._
Printed Name: Peter Bryant
Title: President Date: .. I I <:)/ CJ b
~-I
I
L_.
STATE OF FLORIDA ~
COUNTY OF PJ,h~ lock \
This instrument was acknowledged before me on JCuJc<-~ S- tU .2006, by
Peter Bryant, President of MMD Communications, a Florid orporation, on behalf of
said corp~a~i~n /) i)
I7t ~ l1LJ v"-'~---'
Nota Public, State of Fle>ri!:f$:;.
-..-,.. .~ - ',...'.
,...1 ..:
M/;.I~'f r:Li..EN AI'4DE~SO;..
....y C01.~j,!\SS1'! ~ ijD lC~763EXll\P.ES
W'!7. 2COS
SOUilEO !UP.'J F.:n F~:~ mSUflA:;CE. '::C.
Printed name:
'. '.'" .
......'"
Commission expires:
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EXHIBIT D
TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
YEAR
NON-EXCLUSIVE USE PERIODS
4 DAY EXCLUSIVE USE PERIODS
2007
12:01 p.m. Monday, Apr. 23, 2007
thru 6:00 p.m Monday, Apr. 30, 2007
6:00 a.m. Thursday, Apr. 26,2007
thru 6:00 p.m. Sunday, Apr. 29,2007
2008-12 12:01 p.m. next to last Monday in Apr.
thru 6:00 p.m. last Monday in Apr.
6:00 a.m. Thursday, Apr.
thru 6:00 p.m. Sunday, Apr,
2013-17 12:01 p.m. next to last Monday in Apr. 6:00 a.m. Thursday, Apr.
thru 6:00 p.m. last Monday in Apr. thru 6:00 p.m. Sunday, Apr,
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EXHIBIT E
I. INSURANCE REQUIREMENTS
A. Lessee must not commence work under this Lease until all insurance required herein has been obtained and
such insurance has been approved by the City. The Lessee must not allow any subcontractor to commence
work until all similar insurance required of the subcontractor has been obtained.
B Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an
additional insured for all liability policies. and a blanket waiver of subrogation is required on all applicable
policies
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation, non-renewal, material Bodily Injury and Property Damage
chante or termination required on all certificates
COMMERCIAL GENERAL LIABILITY including. $1,000,000 COMBINED SINGLE LIMIT
1 Commercial Form
2 Premises - Operations
3 Productsl Completed Operations Hazard
4 Contractual Liability
5. Broad Form Property Damage
6 Independent Contractors
7 Personal Injury
LIQUOR LIABILITY
1 Vendors providing andl or selling alcohol $1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY -- Owned, Non-owned or
rented vehicles
1 Contractors & Subcontractors delivering tents, $500,000 COMBINED SINGLE LIMIT
stages. bleachers, temporary structures and
other large items
AT A MINIMUM, STATUTORY LIMITS of $20,000 I
2 Lessee workers and volunteers $40,000 for BODILY INJURY & $15,000 for
PROPERTY DAMAGE
--- ~-
Required if Lessee employs any person other
than himself/herself:
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERSO
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON
$10,000 DEATH or DISMEMBERMENT per PERSON
C In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such
accidents within ten (10) days of the accident.
Intemallonal Yacht & Jet Plane Show ins. req
12-16-05ep Risk Mgmt
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II. ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance company
obtained in accordance with Texas law. The contract for coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers' compensation
coverage proVided must be in an amount sufficient to ensure that all workers' compensation
obligations incurred by the Lessee will be promptly met.
B. Certificate of Insurance:
· The City of Corpus Christi must be named as an additional insured on the liability
coverage, Compensation coverage and a blanket waiver of subrogation is required on all
applicable policies.
· If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to" and deleting the wording after "left". In
lieu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory
· The name of the event, including exact dates including move-in and move out
dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special
Items.
· At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation
Director of material change, non-renewal, termination or cancellation is required,
C. If the Certificate of Insurance does not show on its face the existence of the coverage required by
items 1.8 (1 )-(7), an authorized representative of the insurance company must include a
letter specifically stating whether items 1.8. (1 )-(7) are included or excluded.
Intemational Yacht & Jet Plane Show ins. req
12-16-o5ep Risk Mgmt
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12
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Provide an update on Development of the City-Wide Wireless Fidelity Broadband Mesh
Network Business Plan.
PRE8ENTER(S):
N....
1. Ogilvie Gericke
2. Leonard Scott
3. Brian Anderson
Title/Position
Director
Business Unit Manager
Consultant
Department
MIS
MIS
Next Step Consulting
ISSUE:
Business and management plans are needed to provide structure and further capitalize on
the opportunities the network present. Staff prepared a draft agreement between the City and
the Corporation detailing the specific duties to be assigned to the Corporation with an
associated business plan. The proposed business plan include a business model and
strategy; market analysis; and financial analysis. This agreement with associated business
plan was presented and approved by the CC Digital Community Development Board on April
17,2006.
BACKGROUND:
The City is in the process of deploying a City-Wide Wireless Fidelity Broadband Mesh (WiFi)
Network. Council recognized potential uses for this WiFi Network well beyond its original
intent and on January 31, 2006 Council approved the formation of CC Digital Community
Development Corporation (CC DCDC) to provide structure and further capitalize on the
opportunities the WiFi network present.
REQUIRED COUNCIL ACTION:
No action required on the business plan and City Council approval to execute an Agreement
for Services with the CC Digital Community Development Corporation will be requested under
a separate item
o.~~
Ogilvie F. Gericke
Director of Information Systems
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13
CITY COUNCIL
AGENDA MEMORANDUM
April 25, 2006
AGENDA ITEM:
A. Ordinance authorizing the City Manager or his designee to execute an Agreement for
Services with the CC Digital Community Development Corporation regarding roles and
responsibilities related to the WiFi network.
B. Motion authorizing the City Manager or his designee to execute a WiFi Facility License
Agreement with AEP Corporation.
C. Ordinance granting to the CC Digital Community Development Corporation a non-
exclusive franchise to operate, maintain, construct, extend, and upgrade facilities ofthe
City of Corpus Christi Citywide Integrated Wi-Fi Network in the Public Rights-of-Way.
ISSUE:
The City is in the process of deploying a City-Wide Wireless Fidelity Broadband Mesh
(WiFi) Network. Council recognized potential uses for this WiFi Network well beyond its
original intent and on January 31, 2006 Council approved the formation of CC Digital
Community Development Corporation (CC DCDC) to provide structure and further
capitalize on the opportunities the WiFi network present.
Staff prepared a draft agreement between the City and the Corporation detailing the
specific duties to be assigned to the Corporation with an associated draft business plan.
This agreement with associated draft business plan was presented and approved by the
CC Digital Community Development Board on April 17, 2006 and is now being presented
to Council for approval.
It is desirable to install certain wireless communications equipment in the Public Rights-of-
Way on utility poles owned by AEP. A franchise agreement between the City and the CC
Digital Community Development Corporation and a WiFi Facility License with AEP are
needed for this purpose.
REQUIRED COUNCIL ACTION: City Council approval is required to execute an
Agreement for Services and a franchise agreement with the CC Digital Community
Development Corporation as well as the WiFi Facility License with AEP.
PREVIOUS COUNCIL ACTION: On January 31,2006, City Council approved formation of
CC Digital Community Development Corporation, and its Articles of Incorporation and
Bylaws.
FUNDING: Subject to FY 06-07 Appropriations, the City will pay the Corporation
$2,500,000 for services to be performed for the City, In addition, $1,000,000 is needed
during the first year for start-up of operations of the WiFi Network and the City will request
cash up front from the partners to help offset this need. Other revenues are expected to
come from partners and advertising.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the item as
presented,
co .J:". c:::::.-c:-tc.<-' c..tG '
Ogilvie Gericke,
Director of Information Systems
SUMMARY
AGREEMENT FOR SERVICES BETWEEN
CITY AND CCDCDC
PURPOSE: Implement Network for purposes stated in Council resolution creating Corporation.
ARTICLE I DEFINITIONS
ARTICLE 2 TERM
- Term is 10 years
ARTICLE 3 -- GRANT BY CITY
-City grants to Corporation:
-exclusive right and authority to operate, maintain, extend, upgrade, use and control
Network Facilities;
-lease or license 0 f property comprising facilities;
-rights in agreements related to Network.
-Physical transfer of facilities occurs upon completion of Network (by 8/1106)
- ''Facilities'' includes radios, fiber, equipment, software, bandwidth, real property, right of way;
intra-city network, office space, etc.
ARTICLE 4 - PUBLIC SERVICES -- PRIORITIES
-City departments will utilize Network to improve services.
-Public safety has priority in administration of Network.
ARTICLE 5 - GENERAL DUTIES OF THE CORPORATION
-Operate and maintain Network at state of art level.
-Continuously upgrade and expand Network; plan future needs.
-Provide free access to Network portal.
-Promote and facilitate access to Network for all citizens; assist disadvantaged.
-Develop public information and advertising.
- Promote training and technical assistance for citizens.
-Serve as resource center for use of Network.
-Establish rules to operate Network.
-Coordinate use of Network.
-Imtitute security and privacy safeguards,
-Explore how Network can enhance small and local businesses.
-IdentifY technologies to improve City services and assist City to implement.
ARTICLE 6 ~ GENERAL POWERS OF THE CORPORATION
-Exercise its powers as a nonprofit corporation to perform its duties under Agreement.
-Contract for all goods and services to support Network.
-Acquire funds and property to support Network.
-Convey, transfer, lease, license and encumber property; provided, sale or encumbrance of
property requires City consent.
- Hire minimal administrative staff, preference is to contract for operational and maintenance
servtces.
-Contract with other cities to participate in Network.
-Develop mtellectual property.
ARTICLE 7 - AGREEMENTS WITH PARTNERS
-Corporation will negotiate and enter agreements with Commercial, Community, Educational,
Governmental, and other Partners. ("Partner" is entity given right to use Network to provide
products, information, education, and other services to users of Network. )
-Each Partner agreement will contain certain provisions specified in 7.2.
-Agreements will be offered to similar Partners without unreasonable discrimination.
-City departments are not Partners; Corporation will enter annual agreement with City for City
use of Network, City contnbution, and other matters.
ARTICLE 8 - PROCUREMENT CONTRACTS
-Corporation will contract for goods, services and property for Network in manner most
economica4 efficient, and advantageous to Network.
-Corporation may not issue bonds or other debt without City approval.
ARTICLE 9 - INITIAL FUNDING AND STAFFING
-City may advance funds and will provide staffing prior to 8-1-06; reimbursement will be
addressed in budget.
ARTICLE 10- FUNDING OF NETWORK
-For first 5 years, City will pay Corporation $2.5 million annually.
- In first year, City will contnbute an additional $1 million.
-After first 5 years, City support will be renegotiated.
-Network will be supported by City funds as above, payments from Partners, advertising, and
other funding that may be developed. City may contnbute additional funds, which may be
reimbursed if revenues are sufficient,
-Corporation will reimburse City for annual debt service payment on $6 million (which financed
radio facilities).
-Payments will be negotiated with Commercial Partners reflecting market value, and with other
Partners aimed at capital and operational cost recovery.
-Obligations of Corporation are subject to available funds. Obligations of City are subject to
appropriation.
ARTICLE 11 - ANNUAL BUDGET
-Corporation will submit annual budget.
-As approved or modified by City Council, budget will be final.
-Corporation will operate within budget.
ARTICLE 12 - INDEMNIFICATION
-Corporation will indenmifY City against claims arising from Corporation's performance ofits
duties under Agreement.
ARTICLE 13 - INSURANCE
-Corporation will obtain prescnbed coverages for workers compensation, commercial general
liability, auto, professional, crime and fidelity, and other insurance as required by City's Director
of Risk Management.
-Director of Risk Management may modifY requirements.
-City will provide property insurance on facilities.
ARTICLE 14 - DEFAULT AND REMEDIES
-City may terminate agreement after notice ofbreach by Corporation and failure to cure.
ARTICLE 15 - MISCELLANEOUS PROVISIONS
-Maintain books in accordance with generally accepted accounting principles.
-Corporation included in annual audit of City.
-Make periodic reports as requested by Council.
-Comply with Texas open meetings and records laws.
-Comply with applicable laws.
-No discrimination against employees.
-Follow City rules for minority participation,
-No assignment without City consent.
-Agreement is pursuant to economic development program under Local Govt Code.
-Council may assume powers and duties of Corporation, including assets and liabilities.
-City is entitled to excess income not needed for Corporation's obligations.
-Corporation will relocate facilities, as requested by City, at Corporation expense.
-Agreement may be amended only by written agreement; City Manager may agree to
administrative amendments.
-There are no third party beneficiaries 0 f this Agreement.
ORDINANCE
APPROVING THE AGREEMENT FOR SERVICES BETWEEN
THE CITY OF CORPUS CHRISTI AND THE CC DIGITAL
COMMUNITY DEVELOPMENT CORPORATION REGARDING
WI-FI NETWORK
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager is herby authorized to execute on behalf of the
City of Corpus Christi the Agreement for Services Between the City of Corpus
Christi and the CC Digital Community Development Corporation, a substantial
copy of which is attached hereto as Exhibit A and incorporated herein.
SECTION 2 That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
___ day of ______ _ 2006
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
Secretary
APPROVED: April 20, 2006
?lA/VL~~A..,I
By: ~I
Lisa Aguilar,
Assistant City Attorney
for City Attorney
AGREEMENT FOR SERVICES
BETWEEN
rHE CITY OF CORPUS CHRISTI
AND
THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION
This Agreement is made by and between the City of Corpus Christi, Texas (the "City"), a
home rule city under the Constitution of the State of Texas, and the CC Digital Community
Development Corporation (the "Corporation"), a non-profit corporation incorporated under the
provisions of Subchapter 0, Chapter 431, Texas Transportation Code.
Recitals
The purpose of thIS Agreement is to implement the City of Corpus Christi Citywide
Integrated Wi-Fi Network for the purposes described in the City's Resolution No. 026635,
passed on January 31, 2006 (the "Resolution"), which authorized creation of the Corporation.
The City has Invested more than $7 million in infrastructure for the Network and
significant additional resources supporting development of the Network.
The City wIshes to utilize the Corporation to focus on implementation of this highest
priority City project.
ARTICLE 1
DEFINITIONS
In addition to any other terms defined within this Agreement, the following terms, when
used in thIS Agreement, shall have the meanings ascribed to them below in this Article 1, unless
the context clearly requires otherwise
1.1 Authorized Representative - any officer, agent, employee of or independent
contractor retained or employed by either party, acting within the scope of authority given such
person by such party.
1.2 City Council the City Council of the City.
1.3 City Manager - the City Manager of the City, or his designee,
1.4 Commercial Partner - a Partner that uses the Network to offer or deliver goods and
services for profit, and shall include but not be limited to ISPs, WISPs, E-Commerce Services,
E-Business Services, seat management services, V oIP WiFi Network Services, WiFi A VL
Network Services, personal application portal services, text and video news providers, video
rx H ( ('.,i( 1 A
1
conferencing providers, online productivity solutions, radio frequency identification, and mobile
location tracking.
1.5 Community Partner - a Partner, such as a charity or non-profit group, that uses the
network to provide services that implement public purposes of the City.
1.6 Contractor - a person that contracts with the Corporation to provide goods or
services to support the Network including but not limited to operation, maintenance, upgrades,
expansions, management network support, portal applications, and other goods or services.
1.7 Educational Partner - a Partner that is a school district, institution of higher
education, or other non-profit educational institution located within the boundaries of the City
that uses the Network to carry out its educational purposes.
1.8 Facilities - all components of the Network, wireless or wired, equipment or
software, necessary to operation of the Network, including but not limited to:
a) WiFi mesh Network; portal; fiber, other cable and WiMax backbone; Network
Operating Center; Network hardware and equipment; management equipment; routing
equipment; switches; Network management software; VLANS, IP Adressing, and ass;
b) Network Bandwidth;
c) City real property and rights-of-way occupied by cable, equipment, or other apparatus
supporting the Network (including rights of ingress and egress);
d) the intra-City enterprise network, including components and services used in common
to deliver intra-City communications (for example, cellular telephone service) and
including wires from the enterprise network to particular City departments, but does not
include devices used by City departments, including but not limited to, personal
computers, telephones, cellular telephones, printers, faxes, scanners, individual servers,
department software, local cabling, traffic signals, and mobile computers;
e) office space sufficient to house equipment and personnel necessary to manage and
operate the Network; warehouse space sufficient for housing and staging equipment and
supplies, and other building space necessary to operations of the Network (along with
necessary furnishings), any of which may be provided by the City, through designation
by the City Manager, or otherwise acquired by the Corporation;
f) the fiber, equipment, and other apparatus depicted in Exhibit A (consisting of one page
entitled City Fiber Map and two pages entitled City of Corpus Christi Local and Wide
Area Network), attached hereto and incorporated herein; and
g) all other property, real or personal, comprising the Network or supporting its
operation, as the Network presently exists or may be expanded or upgraded.
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1.9 Governmental Partner - a Partner that is the Federal Government, the State of Texas
or a governmental subdivision of the State with boundaries inside the City limits of the City that
uses the Network to carry out the purposes for which it was created.
1.10 Internet - the global information system that: I) is logically linked together by a
globally unique address space based on the Internet Protocol (IP) or its subsequent
extensions/follow-ons; 2) is able to support communications using the Transmission Control
(TCPiIP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols;
and 3) provides, uses or makes accessible, either publicly or privately, high level services layered
on the communications and related infrastructure described herein.
1.11 ISP - Internet Service Provider.
1.12 Maintain or Maintenance- to keep up, preserve, and support the condition and
existence of.
1.13 Network - the City of Corpus Christi Citywide Integrated Network, a
communications network composed of integrated physical and logical elements, including both
wireless infrastructure and optical fiber connections, located within the boundaries of the City,
that links computers and networks of individuals and of government, academic and private
entities within the City, to each other and to the Internet, at a common, publicly-available portal.
1.14 Network Bandwidth - the maximum amount of data that can be transmitted over the
Network In a period of time.
1.15 Network Capital Costs -- all costs of constructing, expanding and upgrading the
Network including payment or reimbursement for labor, services, material and equipment and
any other costs incurred in connection with the acquisition, construction, improvement or
installation of the improvements and facilities constituting the Network; all incidental costs
incurred In connection therewith including the cost of architectural, legal, engineering, appraisal,
accounting, financial, consulting, design, statistical, and other professional, technical and
supervisory services; all debt servIce, fees, charges, and expenses incurred in connection with the
authonzation, preparation, sale, issuance and delivery of bonds or other debt instruments,
including all debt service and fees for financial, legal, accounting, and other professional
services; and all other costs, charges, fees, and expenses related thereto.
1.16 Network Operation and Maintenance Expenses - all expenses incurred in the
efficient and economical administration, management and operation and the maintenance of the
Network in good repair and operating condition, including the cost of salaries, wages, benefits
and other compensation for Corporation employees; contractual services for any aspect of the
administration, management and operation and maintenance ofthe Network; fees and expenses
for professional services; Insurance premiums; materials and supplies used in the ordinary course
of business, including costs of ordinary and current rentals of equipment, costs of routine repairs,
replacements and renewals occurring in the usual course of business, costs of utility services;
advertising and public information about the Network; and all other costs and expenses of
3
managing, operating, mamtaining and repairing the Network arising in the routine and normal
course of business,
1.17 Operate or Operation - to conduct, direct, and manage.
1.18 Partner - a person that is given the right by contract to use the Network to provide
products, information, education, and other services to Users in accordance with the public
purposes of the Network. Partner includes Commercial Partners, Community Partners,
Educational Partners, Governmental Partners, subgroups of those Partners, and other discrete
groups that may be determined by the Corporation.
1.19 Person - an mdividual, a partnership (limited or general), a limited liability
company, a corporation, an association, a joint stock company, a trust, a joint venture, an
unincorporated organization, an individual, or other legal entity or governmental entity.
1.20 User - a person, whether business, residential, or visitor, who shall have free access
(as provided in Section 5.4) to the portal ofthe Network to find and utilize services made
available thereon by the City and its Partners.
1.21 Purposes of the Network ~ all of the public purposes recited in Section 1 of the
Resolution.
1.22 VoIP - Voice over Internet Protocol.
1.23 WiFi - wireless fidelity.
1.24 WISP - Wireless Internet Service Provider.
1.25 WiMax -- Worldwide Interoperability for Microwave Access.
ARTICLE 2
TERM
This Agreement shall be effective upon the last date of execution by a party hereto, and
shall continue in effect through July 31, 2016.
ARTICLE 3
GRANT BY CITY
3.1 Grant of Facilities. The City hereby grants to the Corporation the exclusive right
and authority to Operate, Maintain, extend, upgrade, use and control the Facilities as necessary to
Operate the Network for the Purposes of the Network. The City hereby leases to the Corporation
all the City's personal property comprising the Facilities, and hereby grants a license to the
4
Corporation to use all the City's real property and interests in real property comprising the
Facilities. The City will incidentally grant to the Corporation a franchise for use of the City's
rights-of-way. The City Manager is authorized to annually designate specific office, building,
and storage space on City property necessary for the Corporation's operations.
3.2 Assignment of Rights. The City hereby assigns and grants to the Corporation the
contracts and rights described in Exhibit B, attached hereto and incorporated herein, and all other
contracts and rights held by the City necessary to operation of the Network. The City Manager is
authorized to add to Exhibit B any omitted document that is subsequently identified.
3.3 Limit on Grants. The grants in this Article are limited by the City's interest in any
particular right or property, and do not purport to grant any greater interest.
3.4 Completion of Initial Network. The City will manage construction and installation
of the initial Network throughout the City, targeted for completion by August 1,2006, and will
physically transfer control of the Facilities to the Corporation upon completion.
ARTICLE 4
PUBLIC SERVICES - PRIORITIES
4.1 City Services. City departments shall utilize the Network to provide improved
services at the lowest possible cost to residents.
4.2 Priority of Public Health and Safety. In administration of the Network, first
priority shall be given to the delivery of police, fire, emergency medical, emergency
management, and other services that directly impact public health and safety, including
suspending all other uses of part or all of the Network until the public safety is restored, if
deemed necessary by the City.
4.3 Procedures. The Corporatlon shall develop appropriate operating procedures for
communication and implementation of priorities.
4.4 Third Party Operation. Should the Corporation enter into a third party agreement
for Operation of the Network. the Agreement shall require that the priorities in this Article 4 be
followed.
ARTICLE 5
GENERAL DUTIES OF THE CORPORATION
5.1 Corporation's Duties and Responsibilities. The Corporation shall have the duties
and responsibilities set forth in this Article.
5.2 Network Operation and Maintenance. The Corporation shall Operate and
Maintain the Network at a state of the art level.
5
5.3 Network Upgrade and Expansion. The Corporation shall continuously upgrade
and expand the Facilities to provide service to every part of the City at a state of the art level. It
will continuously evaluate, plan, and keep the City informed of the future needs of the Network,
mcluding new services offerings, and shall manage the implementation of upgrades, expansions,
and new services. The Corporation shall update Exhibit A to reflect all modifications,
5.4 Free Access to Network Portal. The Corporation shall assure that access to the
portal of the Network is free to all Customers. However, once a customer has accessed the
Network portal, the City or a Partner may charge for access to a particular service.
5.5 Network Available to All. The Corporation shall promote, coordinate, facilitate,
produce, and assist in assuring that access to the benefits of the Network is available to
Customers of all economic means in all geographical areas within the City. In this connection,
the Corporation shall, if financially feasible, establish a program to assist economically
disadvantaged citizens to purchase equipment necessary to access the Network, and otherwise
assist citizens with training and other services to promote digital equity.
5.6 Information about Network. The Corporation shall inform City residents of the
Network and the services available to them on the Network. The Corporation shall develop and
implement a marketing plan, including advertising and other public relations activities. The
Corporation shall coordinate with Partners, advertisers, and others to promote full access to the
beneficial uses of the Network.
5.7 Training and Assistance. The Corporation shall promote training and technical
assistance that will enable all residents to utilize the Network and the Services available on the
Network, and may charge reasonable fees to recover the cost thereof.
5.8 Resource Center. The Corporation shall serve as a resource center for information,
materials and equipment relating to use ofthe Network.
5.9 Network Rules and Regulations. The Corporation shall establish and administer all
rules, regulations, policies and procedures necessary to Operation of the Network.
5.10 Coordination. The Corporation shall coordinate use ofthe Network by City
departments and Partners, and shall resolve any conflicts that may arise between the City and
Partners and between Partners.
5.] I Security. The Corporation shall institute reasonable safeguards for the security of
the Network.
5.12 Privacy. The Corporation shall institute appropriate mechanisms to protect privacy
and confidentiality on the Network in accordance with law.
5.13 Small and Local Business Promotion. The Corporation shall explore how the
Network can be used to enhance the success of small businesses within the City and to enhance
6
the success of businesses primarily owned by City residents, and may implement programs for
that purpose.
5.14 Network Purposes. The Corporation shall perform all the duties and
responsibilities set forth in this Agreement in accordance with the Purposes of the Network and
in accordance with any additional purposes or directives that may be adopted by the City
Council
5.15 Improvement to City Efficiency and Services. The Corporation shall use the
expertise gained in its operation of the Network to continuously seek to identify technologies and
applications that will enable City departments to provide improved services at reduced cost, shall
call these to the attention of City management, and shall assist City management in
implementing them. City management and the Corporation will work cooperatively and
proactively to achieve full benefit of the Network in the delivery of City services.
ARTICLE 6
GENERAL POWERS OF THE CORPORATION
6.1 General Powers. The Corporation shall exercise all of its powers necessary or
convenient to the performance of the duties and responsibilities set forth in this Agreement.
Without limitation on the foregoing exercise of powers. certain specific powers are specified
below
6.2 Contracting. The Corporation shall enter into contracts for design, engineering,
construction, procurement, financial, legal, and all other goods and services necessary for the
operation of the Network
6.3 Funds and Property. The Corporation may acquire and receive funds and property
of any kind for support of the Network, including but not limited to, compensation from Partners,
advertising revenues, contributions from the City, purchase, conveyance, lease, gift, grant,
bequest, legacy, device, or otherwise, and may grant, convey, transfer, lease, sublease, license,
sublicense, mortgage, encumber and dispose of funds, property, and income therefrom in
furtherance of the Purposes of the Network. The Corporation shall serve as a receiving, holding
and disbursing entity for monies intended to promote electronic communications.
6.4 Operational Contracts; Minimal Staff. The Corporation and the City believe that
the Corporation can most effectively carry out its duties and obligations under this Agreement by
avoiding duplication of resources and by conducting day-to-day Operation and Maintenance of
the Network through contracts with Persons already possessing experienced staff and resources
relevant to needed Network services. Consequently, it is preferred that the Corporation not
employ Operational and Maintenance staff, rather it is contemplated that the Corporation will
carry out its Operational and Maintenance duties and responsibilities through service contracts
with pnvate Persons and with the City. The Corporation may employ administrative staff, but
will work to keep any administrative staff to a minimum. For purposes of this Section 6.4, the
tenn "administrative staff' is limited to general, overall administration and coordination of the
7
Corporation's activities; administrative support to the Corporation's Board of Directors,
oversight of Contracts with Partners and Contractors, sales and promotion of Network business,
and clerical aSSIstance related thereto.
6.5 Manner and Means. The Corporation shall be solely responsible, in its discretion,
for the manner and means by which it carries out its duties and obligations under this Agreement.
6.6 Contracts with Other Cities. For adequate consideration, the Corporation may
contract with other cities to participate in the Network, or to provide services to the other cities
for the creation and management of similar systems.
6.7 Intellectual Property Rights. The Corporation may develop all intellectual
property rights required for the advertisement, promotional activities, marketing and public
relations for the Network, the cost of all of which shall be an Operating Expense. Any and all
mtellectual property rights shall be the sole and exclusive property of the City and the
Corporation.
6.8 No Sale of Property or Encumbrances. Except as provided in this Agreement, the
Corporation shall have no authority to sell or otherwise alienate the Facilities or the Network,
and may not create, assume or suffer to exist any mortgage, pledge, lien, charge, security
mterest, or other encumbrance against the Facilities or the Network, without the written consent
of the City.
ARTICLE 7
AGREEMENTS WITH PARTNERS
7.1 Contracts with Partners. Based on the City Council's determination that
participation of Partners in the Network will multiply the benefits of the Network, the City
directs and authorizes the Corporation to negotiate and enter into license contracts for use of the
Network by Commercial Partners. Community Partners, Educational Partners, and Governmental
Partners, and other Partners that may be determined by the Corporation. The Corporation may
enter into one agreement with members of a Partner group or may enter into an agreement with
one member that represents the interests of a Partner group, where the Corporation determines
that such an arrangement would best serve the Purposes of the Network. The Corporation shall
actively seek Partners whose participation is especially likely to enhance jobs and economic
development in the commWlity. The term "Partner" shall not include a legal relationship with
the City or Corporation in the nature of a partnership as a business entity.
7.2 Partner Contract Provisions. All contracts with Partners shall provide: 1 )
substantially similar tenns and conditions for all Partners similarly situated; 2) tenns and
conditions for Partners later joining the Network that place them in an as equal a position as
possible with those joining earlier; 3) a five year term, unless the Partner contributes assets that
justify a longer term; 4) compliance with all rules, regulations, and policies governing the
Network; 5) indemnity of the City and the Corporation from responsibility for any action of
8
Partners; 6) appropriate insurance for Partners naming the City and the Corporation as additional
insureds: 7) appropriate performance security; 8) disclaimer of any liability of the City or the
Corporation for any actions of Partners or disputes between Customers and Partners; 9)
acknowledgement by the Partner that the Corporation and the City shall have no responsibility
for content provided by the Partner or its users; 10) for assignment to the City; 11) no City
liability for acts and omissions of the Corporation; 12) termination of contract as only remedy for
a judicial detennination or new legislation that City or Corporation lacks authority with respect
to any aspect of the Network; 13) reference to the priorities in Article 4; 14) acknowledgement of
open meetings and records laws; 15) provisions to protect proprietary information of Partners;
and, 16) other provisions determined appropriate by the Corporation,
7.3 Commercial Partners. Contracts with Commercial Partners shall provide for fair
compensation to the public for value received through use of Network bandwidth.
7.4 Community Partners. Contracts with Community Partners shall provide for fair
compensation to the public for value received through use of Network bandwidth, which may be
fulfilled by a commitment by each Partner to deliver services that carry out public purposes of
the City.
7.5 Educational Partners. Contracts with Educational Partners shall provide for
payment based on allocation of Network Capital Costs and Network Operational and
Maintenance Costs; provIded, less than a full allocation may be charged during a phase-in
determined by the Corporation to serve the Purposes of the Network.
7.6 Governmental Partners. Contracts with Governmental Partners shall provide for
payment based on allocation of Network Capital Costs and Network Operational and
Maintenance Costs; provided, less than a full allocation may be charged during a phase-in
determined by the Corporation to serve the Purposes of the Network.
7.7 Form of Contracts. The Corporation shall develop forms of contracts to be used for
similarly situated groups of Partners.
7.8 Equal Access for Partners. Subject to Network bandwidth capacity, contracts shall
be offered without unreasonable discrimination to similarly situated Partners. The Corporation
shall continuously monitor the adequacy of Network Bandwidth to meet the needs of the City
and Partners for speed and reliability. and shall establish a planning methodology for
determining the timing of upgrades and expansions to maintain the Network functioning at a
state of the art level
7.9 City Departments Not Partners. While City departments will utilize the Network,
they will not be considered Partners under this Article. The Corporation will enter into a
separate, annual contract with the City to govern City use of the Network....services and property
to be provided by the City, and other matters necessary to the administration of the Network.
ARTICLE 8
9
PROCUREMENT CONTRACTS
8.1 Authorization for Procurement Contracts. The Corporation is authorized to
contract with Contractors for the procurement of all goods, services, and property necessary or
convenient to operate, maintain, expand, and upgrade the Network, including but not limited to
construction, installation, equipment, facilities, professional services, leases, licenses, fiber, and
real or personal property. The Corporation will use the procurement process the Board deems
most economical, efficient. and advantageous for the Network.
8.2 Adverse Actions Regarding Bonds. To the extent the Corporation is given control
ofmomes derived from or Facilities financed through obligations, the interest on which is
intended to be excludable from the income of the holders thereof for federal income tax
purposes, the Corporation shall take all actions necessary to ensure that the interest payable on
the obligations is and remains excludable from the income of the holders thereof under the
Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder.
8.3. Bonds To Be Approved By City. The Corporation may not issue bonds, notes or
other debt obligations extending beyond the current fiscal year without approval of the City
Council by resolution.
ARTICLE 9
INITIAL FUNDING AND STAFFING
In order to implement the Network at the earliest possible time, the City may advance
funds prior to the fiscal year commencing August I, 2006, as it deems necessary, as start up costs
to operate the Network as provided in this Agreement, and shall provide staffing for the
Corporation through the corporate officers identified in the Corporation's Bylaws and their
designees. The Corporation shall develop a plan for reimbursing the City for the start up costs
mcluding the actual staff costs of the City, and reimbursement shall be implemented as part of
the Corporation's annual hudget submission under Article 11, No reimbursement for cost of
City staff shall be made until the City presents an itemized invoice to the Corporation. The
Corporation Board may review the invoice, and request any reduction believed appropriate.
After considering any request by the Corporation Board, the City Council's determination of the
amount ofthe invoice shall be final.
ARTICLE 10
FUNDING OF NETWORK
10.1 City Funding and Support. Each year, from August 1, 2006 through July 31,
2011, the City will pay the Corporation $2,500,000 in consideration of the Corporation's
obligations as provided in this Agreement. In addition, for the first fiscal year the City will
contribute $1,000,000 to fund staff, insurance, and other costs necessary for start-up operation of
the Network; after the first fiscal year, the City may continue such support on a declining basis,
as it deems necessary. If revenues are available, these additional contributions will be
10
reimbursed to the City under a mutually-agreed repayment schedule. The City's contributions
will be reflected each year in the Corporation's budget. After the first five years, the City and
the Corporation will renegotiate support that may be provided by the City.
10.2 Funding Sources. It is expected that the Network will be supported by payments
from the City as described in Section] 0.1 and payments from Partners for their usage of the
Network and by advertismg revenues. The Corporation may institute other funding such as fees
for communication-enhanced services, use of infrastructure assets, and other services and assets.
The Corporation is authorized to seek funding from other sources such as government or
foundation grants and loans. The City may, at its discretion, contribute additional funding.
Funds received by the Corporation may only be used for the purpose of fulfilling its obligations
under this Agreement The City will pay debt service on the obligations sold to finance the
initial cost of construction the Network. The Corporation will reimburse the City for the portion
of each such payment that is determined by multiplying it by a fraction the numerator of which is
$5,900,000 and the denominator of which is the total principal financed.
10.3 Negotiation of Payments. The Corporation shall negotiate payments from
Educational Partners, Government Partners, and Community Partners for use ofthe Network that
are calculated to reimburse the Corporation for Network Capital Costs and Network Operation
and Maintenance Costs, and shall negotiate payments from Commercial Partners that reflect
market value of their use of the Network Payments shall be without unreasonable
discrimination to similarly-situated Partners.
10.4 Obligations Subject to Available Funds. The obligations of the Corporation
under this Agreement. including upgrades and maintenance, are subject to available revenues.
The Corporation will endeavor to fund its obligations from revenues generated through operation
ofthe Network. However, if necessary for it to carry out all ofthe duties and responsibilities
required of it in Article 5, the Corporation shall request the City to contribute funding in addition
to the City's payment described in Section 10.1. A request for such additional funding shall be
made as part of the Corporation's annual budget submission pursuant to Article 11, shall identify
and fully describe the dutIes and responsibilities that will not be fulfilled without the
contribution, and shall provide an estimate of cost savings to City operations from the activity
fUnded that may offset the additional contribution. If it is expected that future Network revenues
will be sufficient to reImburse the requested contribution, the request will include a schedule for
reimbursmg the City for its additional contribution. All obligations of the City under this
Agreement are subject to appropriation for each fiscal year.
ARTICLE 11
ANNUAL BUDGET
11.1 Fiscal Year. The Corporation shall use the same fiscal year as the City.
11.2 Submission of Budget to City. Each year, by the date requested in writing by the
City Manager, the Corporation shall submit its proposed operating budget and five-year capital
11
budget to the City Manager, who shall forward it to the City Council. The date in 2006 for
submitting the Corporation's initial budget shall be deferred to a date directed by the City
Council.
11.3 Reimbursements to City. The budget shall provide for reimbursement to the City,
as provided elsewhere in this Agreement, for advances of funding and services furnished by the
City.
11.4 Approval by City. The Corporation's proposed operating and capital budget will
be reviewed and approved or modified by the City Council during the City's regular budget
process. The budget. as approved or modified by the City Council shall be final.
11.5 Operations within Budget. The Corporation shall operate and manage the
Network within the overall limits of the approved budget.
ARTICLE 12
INDEMNIFICATION
12.1 Def"mitions for Article. The following terms, as used in this Article 12, shall have
the following meanings:
a) "City" includes the officers, employees, and agents of the City, as well as the City.
b) "Claims" means all damages, losses, injuries, liabilities, penalties, disbursements,
costs, charges, assessments, and expenses (including attorneys' fees, experts' fees and
expenses incurred in investigating, defending, or prosecuting any litigation or
proceeding), assertions, demands, litigation, suits, proceedings, causes of action (whether
in tort or contract or in law or at equity), or judgments.
c) "Defend" means to provide and pay for the legal defense of the City against a Claim
With counsel reasonably acceptable to the City.
d) "Indemnify" means to protect the City against a potential Claim and/or to compensate
the City for a Claim actually incurred.
e) "Waive" means to knowingly and voluntarily relinquish a right and/or to release
another party from liability in connection with a Claim.
12.2 INDEMNITY BY CORPORATION. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE CORPORATION SHALL INDEMNIFY
AND DEFEND THE CITY AGAINST ALL CLAIMS ARISING, OR ALLEGED TO
ARISE, FROM THE CORPORATION'S (1) PERFORMANCE OF ITS DUTIES AND
OBLIGA TIONS UNDER THIS AGREEMENT, (2) BREACH OF THIS AGREEMENT,
OR (3) VIOLATION OF OR FAILURE TO COMPLY WITH APPLICABLE LAW.
THIS OBLIGATION TO INDEMNIFY AND DEFEND WILL NOT BE AFFECTED BY
THE ACTIVE OR PASSIVE ORDINARY NEGLIGENCE OF THE CITY, WHETHER
OR NOT LIABILITY WITHOUT FAULT OR STRICT LIABILITY IS IMPOSED OR
SOUGHT TO BE IMPOSED ON THE CITY.
12
12.3 WAIVER BY CORPORATION. TO THE FULLEST EXTENT
PERMITTED BY APPLICALE LAW, THE CORPORA TION WAIVES ALL CLAIMS
THA TIT MAY HAVE AGAINST THE CITY FOR CLAIMS ARISING, OR ALLEGED
TO ARISE, FROM THE CITY'S (1) PERFORMANCE OF ITS DUTIES AND
OBLIGATIONS UNDER THIS AGREEMENT, (2) BREACH OF THIS AGREEMENT,
OR (3) VIOLATION OF OR FAILURE TO COMPLY WITH APPLICABLE LAW. THIS
WAIVER WILL NOT BE AFFECTED BY THE ACTIVE OR PASSIVE ORDINARY
NEGLIGENCE OF THE CITY, WHETHER OR NOT LIABILITY WITHOUT FAULT
OR STRICT LIABILITY IS IMPOSED OR SOUGHT TO BE IMPOSED ON THE CITY.
12.4 General Scope oflndemnities and Waivers. The Indemnities, Waivers, and
obligations to Defend in this Article 12 are independent of, and will not be limited by each other
or any insurance obligations in this Agreement (whether or not complied with), and will survive
the Contract Expiration Date until all related Claims against City are fully and finally barred by
applicable law.
ARTICLE 13
INSURANCE
13.1 Insurance Maintained by Corporation. The Corporation shall obtain and
maintain in effect the following policies of insurance:
a) Workers' Compensation. Such workers' compensation insurance coverage as may be
required by law or deemed prudent by the Corporation, including at least $100,000
Bodily Injury by Accident each Accident, $100,000 Bodily Injury By Disease each
employee, and $500,000 Bodily Injury by Disease Policy Limit;
b) Commercial General Liability. Commercial general liability insurance with a limit of
at least $1,000,000 Combined Single Limit insuring against all liability of the
Corporation and its Authorized Representatives arising out of and in connection with the
Corporation's dutres and obligations under this Agreement.
C) Commercial Business Automobile Liability. At least $1,000,000 Combined Single
LImit arising out of the operation, maintenance or use of owned and non-owned
automobiles or other vehicles.
d) Umbrella Liability. At least $2,000,000 per occurrence of umbrella liability coverage
written on an occurrence basis:
e) Professional Liability. At least $1,000,000 per claim and $1,000,000 aggregate;
t) Crime and Fidelity Coverage. At least $500,000 per occurrence of coverage for 1)
employee dishonesty, 2) forgery or alteration, 3) theft, disappearance and destruction, 4)
robbery and safe burglary, and 5) computer fraud; and
g) Other Coverages. Such other insurance coverages as may be required by the City's
Director of Risk Management.
The form of the above insurance policies shall be subject to review and approval by the City's
Director of Risk Management. Said Director may modify the requirements for coverage
provided herein based on review of risks and market conditions.
13
13.2 Insurance Requirements. All insurance required under this Agreement shall be
issued by insurance companies licensed to do business in the State of Texas with the financial
rating of at least A-7 status as rated in the most recent edition of Best's Insurance Reports, shall
be issued as a primary policy, shall contain an endorsement requiring sixty (60) days written
notice from the insurance companies to the City and the Corporation before cancellation, non-
renewal, termination, or change in the coverage, scope or amount of any policy, and shall name
the City as an additional insured. Each policy shall be evidenced by a certificate of insurance. A
certificate of insurance and a copy of each policy shall be provided to the Director. The form
and substance of each certificate and policy must be acceptable to the Director.
13.3 Waiver of Subrogation. The parties release each other and their respective
Authorized Representatives from any claims for damage to any person, the Network, the
Facilities or any or any other real or personal property of the City or the Corporation that are
caused by or result from risks insured against under any insurance policies required or permitted
to be carried by the parties under this Agreement. The parties agree to cause the issuers of the
Insurance policies required to be maintained by them hereunder to include waivers of the rights
of recovery and subrogatIOn.
13.4 Property Insurance. The City shall maintain a policy of commercial property
Insurance on the Facilities. If the facilities, or part thereof, are damaged or destroyed, the City
will determine whether repairs and restoration are practicable and feasible and will inform the
Corporation in writing of its decision within 120 days following the date of such damage or
destruction. If a decision is made to repair and restore the Facilities, the Corporation shall
submit a revised budget to the City for approval based on the changed circumstances. A decision
by the City to not repair and restore the Facilities shall constitute termination ofthis Agreement.
All proceeds of any property insurance paid for by the City shall be the exclusive property of the
City.
ARTICLE 14
DEFAULT AND REMEDIES
14.1 Events of Default. The occurrence of any of the following events shall constitute
an "Event of Default" by the Corporation under this Lease Agreement.
a) Failure of the CorporatIOn to comply with any term, condition or covenant of this
Lease Agreement, and the continuation of that failure for a period of thirty (30) days after
the City's delivery of written notice thereof to the Corporation;
b) The filing of a petition by or against the Corporation (1) in any bankruptcy or other
insolvency proceeding; (2) seeking any relief under any state or federal debtor relieflaw;
or (3) for the appointment of a liquidator or receiver for all or substantially all ofthe
Corporation's property or for the Corporation's interest in this Agreement; or
c) The assignment or transfer ofthis Agreement or any of the Corporation's rights or
interest therein, whether by voluntary assignment, involuntary transfer or operation of
law, without the prior written approval of the City Council.
14
14.2 Remedies. On the occurrence of an Event of Default, the City may pursue anyone
or more of the following remedies, without any notice or demand whatsoever, except as
otherwise indicated:
a) Terminate this Agreement by giving written notice of termination to the Corporation,
in which event the Corporation shall immediately surrender the Facilities to the City.
b) Re-enter the Facilities without terminating this Agreement, and, without being liable
for any damages, whether caused by the negligence of the City or otherwise, and do
whatever the Corporation is obligated to do under this Agreement.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Books. The Corporation shall maintain books of account with respect to its
management and operation of the Network in accordance with generally accepted accounting
principles applicable to the Corporation,
15.2 Audit. The Corporation shall be subject to the annual audit contracted by the City,
and shall reimburse the City for the audit expenses related to the audit of the Corporation.
15.3 Reports to City. The Corporation shall provide written periodic reports as
requested by the City Council, describing the Corporation's performance of obligations under
this Agreement, including actual and projected expenses and revenues, and shall promptly
provide such additional information as may be requested by the City Manager or City Council at
any time, The reports shall include a section jointly developed by the Corporation and the City
Manager describing usage by City departments of the Network, and the reductions in cost and
Improvements in services resulting therefrom. The Corporation shall make presentations at City
Council meetings as may be requested by the City Council.
15.4 Advisory Committees. The Corporation shall establish an advisory committee or
commIttees composed of discrete Partner groups to receive their input and recommendations
about the design and operation of the Network, and may include other groups with a particular
interest in the operation of the Network.
15.5 Open Meetings and Records. The Corporation shall comply with the Texas Open
Meetings Act and Public InformatIOn Act.
15.6 Compliance with Laws. The Corporation shall comply with all applicable federal,
state, and local laws and regulations.
15.7 Discrimination Prohibited. The Corporation shall not discriminate against any
employee or applicant for employment in violation of federal, state or local law because of age,
race, creed, sex, color, disability, or national origin, and shall take affirmative action to ensure
that any employee or applicant for employment is afforded equal employment opportunities
without discrimination because of age, race, creed, sex, color or national origin. Such action
shall be taken with reference, but not be limited to, recruitment, employment, job assignment,
15
promotion, upgrading, demotion, transfer, layoff or termination, rates of payor other forms of
compensation in selection for training or retraining, including apprenticeship and on the job
training. Subject to compliance with such obligations, and other obligations under this
Agreement, the Corporation shall have plenary power with respect to the hiring and discharge of
its employees.
15.8 Minority Participation. The Corporation shall comply with applicable City
minority. women and disadvantaged business enterprise policies in performing Corporation's
obligations hereunder, which policy consists of an obligation on the part of the Corporation to
use its reasonable efforts to achieve a level of minority participation in the Corporation's
employment practices and in respect to contractual relations for the provision of goods and
services for the Network
15.9 Assignment. The Corporation shall not voluntarily assign or encumber its interest
in this Agreement without first obtaining the City's written consent.
15.10 Obligations of Corporation Not Obligations of City. The obligations of the
Corporation shall not be those of the City unless expressly assumed by the City in writing
through authorized action.
15.11 Economic Development Program. The City Council declares that the creation of
the Network and the duties and responsibilities of the Corporation with respect thereto as
described in this Agreement are pursuant to a program to promote state and local economic
development and to stimulate business and commercial activity in the City established by the
City Council pursuant to Section 380.001, Texas Local Government Code.
15.12 Assumption of Powers and Duties. Pursuant to Texas Transportation Code
Section 431.104, the City Council may assume the powers and duties ofthe Corporation; upon
assumption the City shall assume the assets and liabilities of the Corporation.
15.13 Income of Corporation. Pursuant to Texas Transportation Code Section 431.107,
the City is entitled at any time to receive any income earned by the Corporation that is not
needed to pay the Corporation's expenses or obligations. The earnings ofthe Corporation may
not benefit a private interest.
15.14 Relocation of Facilities. The City reserves the right to construct, maintain, and
modify City-owned property for City operations, including but not limited to street
improvements. Upon reasonable, written notice by the City, the Corporation shall temporarily or
permanently remove, relocate, change, or alter the Facilities as required by the City. The
required work shall be at the Corporation's expense.
15.15 Notices. Any notice or other communication required or permitted to be given
under this Agreement shall be in writing and deemed to have been duly given if and when
delivered personally (with receipt acknowledged) or otherwise actually received by the intended
recipient, or three (3) days after mailing the same (by certified mail, return receipt requested)
with proper postage prepaid, or when sent by a national commercial courier service (such as
16
Federal Express, UPS, or DHL) for expedited delivery, to be confirmed in writing by such
courier, or when telecopied, telegraphed or telexed to a party, at such party's address set forth
below or at such other address as a party may designate by notice given to the other in
accordance with the foregoing.
To the City:
Mr. George K. Noe
City Manager
City of Corpus ChristI
1201 Leopard
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Phone: 361/880-3220
Fax: 3611826-3839
To the Corporation
Chairman of the Board of Directors
c/o Armando Chapa, Secretary
CC Digital Community Development Corporation
1201 Leopard
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Phone: 361/826-3105
Notice shall, in all events, be effective upon receipt by the addressee except that notice by
facsimile electronic transmission shall, ifreceived after 5:00 p.m. or any day which is not a
business day, be deemed received on the next following business day.
15.16 Amendments. This Agreement may be amended only by a written instrument
signed by both parties. The City Manager is authorized to agree, on behalf of the City, to
administrative amendments that do not change the substance of this Agreement.
15.17 Title and Captions. All articles or section titles or captions in this Agreement are
for convenience of reference only They shall not be deemed to be part of this Agreement or to
in any way define, limit, extend, or describe the scope or intent of any provision of this
Agreement. Except as specifically otherwise provided, reference to "Articles" and "Sections"
are to Articles and Sections to this Agreement.
15.18 Pronouns and Plurals. Whenever the context may require, any pronoun used in
this Agreement shall include the corresponding masculine, feminine or neuter forms, and the
singular form of nouns, pronouns and verbs shall include the plural and vice versa.
15.19 Applicable Law. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of Texas. The district courts of Nueces County, Texas
17
shall be the exclusive place of venue for any disputes arising under or with respect to this
Agreement.
15.20 No Third Party Beneficiaries. This agreement is entered into solely for the
benefit of the City and the Corporation, and is not intended and shall not be construed as a
contract for the benefit of any third party, including, without limitation, any User, Contractor,
employee or Partner.
15.21 Severability. Each provIsion ofthis Agreement shall be considered severable and,
if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary
to any existing or future applicable law, such invalidity shall not impair the operation of or affect
those portions of this Agreement that are valid, but this Agreement shall be construed and
enforced in all respects as if the invalid or unenforceable provision or part thereof had been
omitted.
15.22 Entire Agreement. This Agreement contains the entire agreement of the parties
and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise,
among the parties with respect to the matters contained in this Agreement and may not be
modified or amended except as set forth in this Agreement.
(EXECUTION PAGE AND EXHIBIT A and EXHIBIT B FOLLOW)
18
Executed in duplicate originals on this the
CITY OF CORPUS CHRISTI
George K, Noe, City Manager
Attest'
Armando Chapa, City Secretary
Approved as to legal form: April 18, 2006
Lisa Aguilar
Assistant City Attorney
For City Attorney
Date
day of __
CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION
By:
Bud Harris, Chairperson
Date:
,2006.
19
Exhibit A
DEPICTION OF FACILITIES
20
EXHIBIT B
ASSIGNED CONTRACTS AND RIGHTS
Contract between Northrop Grumman Information Technology, Inc. and City of
Corpus Christl, Texas, 2005-394, 08-23-05, M2005-280.
^) Wi-Fi Facility License Agreement Between AEP-Texas Central Company and
City of Corpus Christi, approved by City Council on April 25, 2006.
21
AN ORDINANCE GRANTING TO THE CC DIGITAL COMMUNITY
DEVELOPMENT CORPORA TION A NON-EXCLUSIVE FRANCHISE TO
OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE FACILITIES
OF THE CITY OF CORPUS CHRISTI CITYWIDE INTEGRA TED WI-FI
NETWORK IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Corpus Christi, Texas (the "City") and the CC Digital
Community Development Corporation (the "Corporation") have entered into the Agreement for
Services Between the City of Corpus Christi and the CC Digital Community Development
Corporation (the "Agreement") in connection with implementation of the City of Corpus Christi
Citywide Integrated Wi-Fi Network (the "Network")
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City hereby grants to the Corporation a non-exclusive franchise to
operate, maintain, construct, extend, and upgrade facilities of the Network in, over, under and
across the public rights-of-way of the City, including, without limitation, the right to erect poles
or other structures for radiOS and the right to install fiber.
SECTION 2. The term ofthe franchise shall commence on the effective date of this
franchise and shall continue in effect through July 31, 2016. The City may terminate the
franchise earlier if the Citv terminates the Agreement.
SECTION 3. In consideration of the granting of this franchise, the Corporation shall
satisfactorily perform its duties and obligations under the Agreement.
SECTION 4. All construction, excavation, or disturbance of rights-of-way shall be
carried out according to the requirements of the Director of Engineering Services of the City,
including requirements to relocate Corporation facilities and to repair or restore City property, at
Corporation's expense
SECTION 5. Terms used herein shall have the meanings prescribed in the Agreement
unless the context requires otherwi se,
SECTION 6. fhe Corporation shall provide indemnification and insurance as provided
in the Agreement.
City.
SECTION 7. This franchise may not be assigned without the written consent of the
SECTION 8. The Corporation shall pay all costs of publication of notice of this
Ordinance
SECTION 9. This franchise ordinance shall take effect when the following two
conditions have been met: I) sixty (60) days have expired since final adoption by the City
Council, and 2) the Corporation has filed its written acceptance with the City Secretary pursuant
to actIOn by its Board of Directors.
1
That the foregoing ordinance was read for the first time and passed to its second
reading on this the_ .__ day of ___ , 2006, by the following vote:
Henry Garrett
John E. Marez
Brent Chesney
Melody Cooper
Jesse Noyola
Rex A. Kinnison
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 John E. Marez
-- ----..-..--
Brent Chesney ---~ Jesse Noyola
Melody Cooper Rex A. Kinnison
-------.--
Jerry Garcia Mark Scott
-.-.--
Bill Kelly --.--. ------..--
PASSED AND APPROVED, this the __ day of
ATTEST
,2006.
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: ~ (1
~..~
Lisa AguilW '---
Assistant City Attorney
for City Attorney
,2006
TWO reading ordinance vote sheet.doc
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 25, 2006
AGENDA ITEM: Resolution electing to be eligible to participate in tax abatement and
adopting Tax Abatement Guidelines and Criteria.
RQUIRED COUNCIL ACTION: Approval of the resolution electing to be eligible to
participate in tax abatement and adopting Tax Abatement Guidelines and Criteria.
PREVIOUS COUNCIL ACTION: The current guidelines were adopted on April 27, 2004
and amended on November 16, 2004. State law requires adoption of Tax Abatement
Guidelines and Criteria every two years.
CONCLUSION AND RECOMMENDATION: Recommend the Council adopt the proposed
resolution electing to be eligible to participate in tax abatement and adopting Tax
Abatement Guidelines and Criteria
cJA~~
Irma Caballero
Economic Development Director
Attachments:
BACKGROUND INFORMATION
Attached are the revised guidelines and criteria black lined to show the changes from the
2004 version. The revisions do the following:
1 All of the previously created categories are carried forward in these revised
guidelines. All projects previously eligible will continue to have eligibility for tax
abatement.
L The revisions proposed are intended to promote residential development primarily in
the Central Business District (CBD) defined as the area bounded by the ship
channel on the north, the bay on the east, Park Street on the south, and Upper
Broadway to Laredo, west on Laredo to Staples to IH37 and then east IH37 to
Highway 181 and north on 181 to the ship channel. (See attached map) These
residential projects will be eligible for abatement for a period of 7 years (2
construction plus 5) as contrasted to the current 4 years (2 construction plus 2).
3 The percentage of abatement for these residential facilities will be as follows:
f - -------- ---- T------
C~nstruction Eeriod (not to exceed 2 years -t-- __
_ _____ _ Year 1 ____ +--
Year 2 i
- ------ - Year 3 ---.-- !
- - ---- .- - .- - +- ------
~ Year 4 C
l _ _______ __ Year2______. _ ____
100%
100%
100%
100%
50%
50%
4 Since a Central Business District (CBD) residential facility is not intended to create
jobs but is intended to further economic development by providing housing in the
downtown area, the minimum job creation requirement is waived. For mixed use
facilities having less than 90% residential the jOb requirement will be prorated.
5 The renewal community census tracts are increased from 5 to 10 per the expansion
approved by HUD after the 2000 census. Renewal community census tracts are 1,
345,7,10.11,13,35and50.
Attachments
File: /HOMElCarlosR/Gen2/2006/stuff for An elR/CBD. mxd
..-...- --_._----_._-_.__.~~-
SHIP CHANNEL
-...
J
NOT TO SCALE
[f]
~
~
CORPUS CHRISTI
BAY
i
CENTRAL BUSINESS
DISTRICT (CBD)
~
--
- -
- -
~
CITY COUNCIL EXHIBIT
PAGE: 1 OF 1
DA TE: 04/19/2006
OTYOFCORPUSCHmsn
CORPUS CHRISTI
April 2006
CITY OF CORPUS CHRISTI
GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
WHEREAS. the attraction of long-term Added Value and the establishment of new
permanent full-time jobs in the area would enhance the economic base of area taxing entities; and
WHEREAS, Corpus Christi must compete with other communities across the nation
currently offering tax inducements to attract new plant and modernization projects, and studies
have shown that a favorable local tax climate and start-up tax concessions rank second on the list
of priorities for new plant installations or expansions; and
WHEREAS, tax abatement is one of the principal means by which the public sector and the
private sector can forge a partnership to promote real economic growth within a community; and
WHEREAS, any tax incentives offered must be strictly limited in application to those new
and existing industries that bring new wealth to the community in order to avoid reducing the
needed tax revenues of area taxing entities; and
WHEREAS, the Property Redevelopment and Tax Abatement Act (the "Act"), Chapter 312
of the Texas Tax Code authorizes counties, cities and iunior colleQe districts to provide property
tax abatement for limited periods of time as an inducement for the development or redevelopment
of a property; and
WHEREAS, the Act requires eligible taxing jurisdictions to establish Guidelines and Criteria
as to eligibility for tax abatement agreements prior to granting any future tax abatement, said
Guidelines and Criteria to be unchanged for a two-year period unless amended by a three-fourths
vote; and
WHEREAS, a federally designated Renewal Community constitutes designation as a Texas
Enterprise Zone under Chapter 2303 of the Texas Government Code, and designated Texas
Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other
procedural requirements under Chapter 312 of the Texas Tax Code, and
WHEREAS, the U.S, Department of Housing and Urban Development designated Census
Tracts 1, 3, 4, ~ 1 O~ 11, 13, 35, and 50 as one of forty Renewal Communities nationwide
eligible to share in $17 billion in tax incentives to stimulate job growth, promote economic
development and create affordable housing, and
WHEREAS, to assure a common, coordinated effort to promote economic development.
these Guidelines and Criteria have been circulated among Nueces County, the City of Corpus
Christi and other governmental entities for consideration as a common policy for all jurisdictions
which choose to participate in tax abatement agreements;
NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that the Renewal
Community continues to be designated as a Reinvestment Zone and these Guidelines and
Criteria for granting tax abatement be adopted:
CORPUS CHRISTI
April 2006
Section 1. Definitions.
{ill "Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain
Added Value to real and personal property in a zone designated for economic development
purposes pursuant to the Act
(Q) "Added Value" means the increase in the assessed value of an eligible property as a result
of "expansion" or "modernization" of an existing facility or construction of a "new facility." It
does not mean or include "deferred maintenance."
(g) "Agreement" means a contractual agreement between a property owner and/or lessee and
an Eligible jurisdiction for the purposes of tax abatement.
(Q} "Base Year Value" means the assessed value of eligible property as of the January 1
preceding the execution of an Agreement plus the agreed upon value of eligible property
improvements made after January 1 but before the execution of the Agreement.
.lQ) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed
machinery and equipment not elsewhere described, used or to be used for the production of
products or services which derive a majority of revenue from points beyond a 50-mile radius
of Nueces County.
ill "Central Business District (COB) Residential Facility" means a Multi-family Housing Facility
constructed or renovated in the area encompassed bY the Industrial Canal/Ship Channel on
the north. Corpus Christi Bay on the east. Park Street on the south. and on the west as
follows. Upper Broadway to Laredo. west on Laredo to Staples to 1-37. east on 1-37 to State
Highway 181. and north on State Highway 181 to the Industrial Canal/Ship Channel. no
more than 20% of the gross floor area of the Facility can be utilized for non-housing
purposes.
illl-"Deferred Maintenance" means improvements necessary for continued operations which do
not improve productivity or alter the process technology.
(!:}L"Economic Life" means the number of years a property improvement is expected to be in
service in a Facility.
ill "Eligible Jurisdiction" means the City of Corpus Christi or Nueces County and any
municipality, the majority of which is located in Nueces County, that levies ad valorem taxes
upon and provides services to property located within the proposed or existing zone
designated pursuant to the Act.
ill "Enterprise Zone Residential Redevelopment Facility" means buildings and structures used
or to be used primarily for residential purposes and which are located within an enterprise
zone
Qs) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for
the purposes of increasing capacity.
I ill "Facility" means property improvements completed or in the process of construction which
together compromise an integral whole.
2
CORPUS CHRISTI
April 2006
( m) "Mixed-use facility" means a facility having residential and commercial uses where the
commercial use occupies more than 20% of the structure.
Ul} "Multi-family housina" means a facility designed, arranged, or used exclusively for the use
and occupancy of three or more families living independently of each other. The dwelling
structure may include a triplex, apartment, townhouse, condominium, cooperative, high-rise,
ete
i.Qj "Modernization" means the replacement and upgrading of existing facilities which increase
the productive input or output, updates the technology or substantially lowers the unit cost of
the operation, and extends the economic life of the facilities. Modernization may result from
the construction, alteration or installation of buildings, structures, fixed machinery or
equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or
completion of deferred maintenance
iQ) "New Facility" means a property previously undeveloped which is placed into service by
means other than or in conjunction with an expansion or modernization.
19.1 "Owner" means the owner of a Facility subject to abatement. If the Facility is constructed on
a leased property, the owner shall be the party which owns the property subject to tax
abatement. The other party to the lease shall join in the execution of Agreement but shall
not be obligated to assure performance of the party receiving abatement.
ill "Permanent full-time iob" means a new employment position created by a business that
provides a regular work schedule of at least 35 hours per week or 1820 hours of
employment per year to a Nueces County resident and maintains the employment position
during the term of the abatement agreement.
W "Petrochemical Facility" means buildings and structures, including fixed machinery and
equipment, the primary purpose of which is or will be the manufacture or processing of
petrochemicals or fuels by physical or chemical change.
ill "Regional Distribution Center Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service or distribute
goods or materials owned by the Facility operator where a majority of the goods or services
are distributed to points beyond a 50-mile radius of Nueces County.
ill} "Reaional Telecommunications/Data Processina Center Facility" means buildings and
structures used or to be used primarily for the provision of telecommunication or data
processing services by the Facility operator where a majority of the services are provided to
points beyond a 50-mile radius of Nueces County.
W "Reaional Visitor/Amusement Facility" means buildings and structures used or to be used
primarily as a stadium, arena, amusement park or similar attraction or sports venue.
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CORPUS CHRISTI
April 2006
!.W "Renewal Community Facility" means a building or structure in the Corpus Christi Renewal
Community which includes Census Tracts 1, 3, 4,~ 1 O~ 11, 13, 35, and 50 to be used for
the creation of a new business or business expansion, but not a relocation of a business.
00 "Rehabilitation" means that the Added Value, as defined, of the project exceeds the base
year of a development property by $250,000.
0LL-"Texas Enterprise Zone" means any census block group with greater than 20% poverty,
federally designated Renewal Community, or area designated as a Texas Enterprise Zone
prior to 2003.
Section 2. Abatement Authorized.
(a) Authorized Facilities.
1) ~Facility may be eligible for abatement if it is a Basic Manufacturing or Service Facility,
Regional Distribution Center Facility, Regional Telecommunications/Data Processing
Center Facility, Regional Visitor/Amusement Facility, Enterprise Zone Residential
Redevelopment Facility, Central Business District (CBD) Residential Facilitv and
Petrochemical Facility. Abatement may be granted for new facilities and improvements to
existing facilities for the purpose of modernization or expansion, or
2) ~Renewal Community Facility, as defined, may be considered on a case by case basis
for abatement if it is a Renewal Community Facility and if the building or structure will be
defined as rehabilitation project or is defined as new facility. Projects that may be
considered as Renewal Community Facility include: mixed-use facilities, retail facilities,
hotel accommodations.
(b) Creation of New Value. Abatement may only be granted for the additional value of eligible
property improvements made subject to and listed in an abatement Agreement between the
Eligible jurisdiction and the property owner and lessee (if required), subject to such
limitations as said jurisdiction may require. The economic life of the improvements must
exceed the term of the abatement Agreement.
(c) Elioible Propertv. Abatement may be extended to the value of the improvements to real
property, including buildings, structures, fixed machinery and equipment, and site
improvements, plus that office space and related fixed improvements necessary to the
operation and administration of the Facility.
(d) Inelioible Property. The following types of property shall be fully taxable and ineligible for
abatement: land; inventories; supplies; tools; furnishings and other forms of movable
personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred
maintenance investments; property to be rented or leased except as provided in Section
2( c); improvements for the generation or transmission of electrical energy not wholly
consumed by a New Facility or expansion; any improvements, including those to produce,
store or distribute natural gas, fluids or gases, which are not integral to the operation of the
Facility; improvements to real property which have an economic life of less than 15 years;
property owned or used by the State of Texas or its political subdivisions or by any
organization owned, operated or directed by a political subdivision of the State of Texas;
4
CORPUS CHRISTI
April 2006
unless any of the above types of property are specifically authorized by the Eligible
jurisdiction.
( e) Period of Abatement.
1) Abatement shall be granted effective with the January 1 valuation date immediately
following the date of execution of the Agreement. Abatement shall be allowed for a period
of five years following the completion of construction. If the period of construction exceeds
two years, the Facility shall be considered completed for purposes of abatement and in no
case shall the total period of abatement, inclusive of the construction period, exceed seven
years.
2) Abatement for ~Renewal Community Facility shall be granted effective with the January 1
valuation date immediately following the date of execution of the Agreement. Abatement
shall be allowed for a period of two (2) years following the completion of construction. If
the periOd of construction exceeds two years, the Facility shall be considered completed
for purposes of abatement after the two (2) year period and in no case shall the total
period of abatement, inclusive of the construction period, exceed four years for a new
facility and five years for a rehabilitated facility.
3) Abatement for a Central Business District lCBO) Residential Facilitv shall be qranted
effective with the January 1 valuation date immediatelv followinq the date of execution of
the Aqreement. Abatement shall be allowed for a period of five vears followinq the
completion of construction. If the period of construction exceeds two vears. the Facilitv
shall be considered completed for purposes of abatement and in no case shall the total
period of abatement, inclusive of the construction period, exceed seven vears.
(f) Completion of Construction. The completion of construction shall be deemed to occur upon
the earliest of the following events:
(1) when a certificate of occupancy is issued for the project (if it is located within a city),
(2) when commercial production of a product or provision of a service is achieved at the
Facility,
(3) when the architect or engineer supervising construction issues a certificate of
substantial completion, or some similar instrument, or
(4) two (2) years after the date of the Agreement.
The above determination shall be made by the Eligible jurisdiction offering the abatement, in
its sole and absolute discretion, based upon the above criteria and such other factors as the
jurisdiction may deem relevant. The determination of the completion of construction shall be
conclusive, and any judicial review of such determination shall be governed by the
substantial evidence rule.
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CORPUS CHRISTI
April 2006
(g) Abatement Percenta~e.
1) Non - Renewal Community Facility
For a Facility which provides not less than 50 (but not more than 99) new permanent full-
time jobs, the percentage of tax abated shall be in accordance with the following schedule:
~~on~U::~~:d:~~1 IO-:X:
l-~-~;~ -~. :-~
, Percenta~e of Abatement
I
d 2 years) I 100%
i ----"_._-
i 50%
50%
i ---
50%
- -----------+--------. --..
50%
--~---+---
50%
-_.,_._--_.._-~----~-
Provided that, for a Facility which provides not less than 100 (but not more than 199) new
permanent full-time Jobs, the percentage of tax abatement shall be in accordance with the
following schedule:
-------------r-Percentage of Abatement (for
Year i the first $10 million in Added
~ Value
Construction Period (not I 100%
.~IO ex~rr~ ~_n~~ ~~~----
~::~l==t~=~~-- ~;~
~
,
L
------+
.=---1=-
Percentage of Abatement
(over $10 million in Added
Value
100%
50%
50%
50%
50%
50%
Provided that, for a Facility which provides at least 200 new permanent full-time jobs, the
percentage of tax abatement shall be in accordance with the following schedule:
----------- - -T
i Year I P
1 i
I fOt'
rCOnstruCtic;n-PE;riOd - (not
t'-_ - to exceed 2 Years~
Year 1
_d', __..._...__
Year 2
___'___'U'_"____ .._....___ _
L__ _ _ Year3__ _
~ __ ___ Year ~---_L-
L__ ____.:!eC]r ~_ _ __L_
ercentage of Abatement (for T Percentage of Abatement
the first $10 million in Added ! (over $10 million in Added
Value -----i- Value
-'..--.- . -,--
100% ! 100%
-'-~-'-'"
100% 50%
--.-..-..-.
100% 50%
---.-----
100% ------+ 50%
_..- ---
100% , 50%
-.-- - - ----------+-
100% i 50%
_._._-~-- - I
In the event the Added Value caused by the Project is less than $2.0 million, no abatement
shall be granted unless the Facility is a Rehabilitation Project as described in Section 2 (h).
For compliance purposes, the date for determining a permanent full-time job shall be
January 1 of each year commencing with the January 1 following the date of completion of
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CORPUS CHRISTI
April 2006
construction. The percentage of abatement provided each year under the Agreement shall
be based upon the employment information as of January 1 of such year. As a result, the
actual amount of abatement may vary from year to year based upon employment levels and
property valuations.
For example, Company A has an abatement Agreement entered 5/1/95 and projects to
create 250 permanent full-time jobs. If the actual experience of Company A involves
fluctuating job levels, the actual abatement under the Agreement could follow the following
pattern:
Year Employment Abatement (First $10mm) Abatement (Over $10mm)
1/1/96*
1/1/97*
1/1/98
1/1/99
1/1/00
1/1/01
1/1/02
o
o
150
250
150
50
250
100%
100%
75%
100%
75%
50%
100%
100%
100%
75%
75%
50%
50%
25%
*Construction Underway
2) Renewal Community Facilities
Provided that, for a Renewal Community Facility which creates one (1) new permanent full-
time job per $50,000 of Added Value to a property following the completion of construction
and maintains the same level of employment for the term of the abatement agreement, the
percentage of tax abated shall be in accordance with the following schedule:
- -- --- -- - -- --,---:
! Percen
Year : P
~onstruction period.~-----
~~O:~2r~rs) t:=~
t___~;_i= =I~ =__
tage of Abatement for Percentage of Abatement for
rojects Involving New Facilities
Rehabilitation
100% ~ 100%
, .-.---
100% 75%
- -
100% 75%
100% 0%
.-..-
For compliance purposes, the date for determining a permanent full-time job shall be six
months from the date of completion. The business must maintain the same level of
employment or increase employment during the term of the agreement.
For example:
Company X is rehabilitating a building in the Renewal Community for a commercial use.
The current value of the building is $250,000 and Company X estimates an added value of
$750,000. The job requirement will be to create and maintain a minimum of 15 permanent
full-time positions during the term of the abatement agreement. ($750,000/ $50,000 = 15)
For residential multi-family housing, the job creation requirement will be waived. For mixed-
use facilities, the job requirement will be prorated. For example: Company Y is constructing
7
CORPUS CHRISTI
April 2006
a mixed-use facility that is 30% non-residential and the Added Value is $1,500,000. The job
requirement will be to create and maintain a minimum of 9 permanent full-time jobs during
the term of the abatement agreement. (1,500,000 X .30 = $450,000/$50,000=9)
a Central Business District lCBD) Residential Facilities
Provided that. for a Central Business District (CBD) Residential Facility, the percentaae of
tax abated shall be in accordance with the followina schedule:
----_.._---
Year Percentaae of Abatement
Construction Period ( not 100%
-. to exceed 2 years)
Year 1 100%
~m~:~ t 100%
100%
50%
50%
-
Since Central Business District (CBO) Residential Facilities are residential multi-family
housina, the iob creation reauirement is waived.
(h) Livina Waae Reauirement. In order to count as a permanent full-time job under this tax
abatement program, the job should provide a "living wage" for the employee. The target
living wage under this abatement program shall be that annual amount equal or greater than
poverty level for a family of three, established by the 2004 U.S. Department of Health and
Human Services Poverty Guidelines, divided by 1820 hours per year, which is $8.60 per
hour. The Governmental Unit shall have the right to adjust the living wage target under
these Guidelines and insert a specific target in each property tax abatement Agreement to
govern the abatement offered under that Agreement.
(i) Rehabilitation Projects. The $2 million minimum Added Value requirement for abatement
shall not apply to rehabilitation projects which involve the adaptive reuse of an existing
structure or building for a Facility. In order to qualify as a rehabilitation project under this
provision, the project must involve a minimum Added Value, as defined, of $250,000. Any
rehabilitation project must involve the adaptive reuse of an existing structure or building
currently on the property tax rolls so that the Base Year Value associated with the project will
include both the value of the land and the existing improvements. For such rehabilitation
projects, all Eligible Property in excess of the Base Year Value shall be subject to abatement
plus the value of personal property such as furniture and movable equipment which would
otherwise be considered Ineligible Property for any other type of abatement category. In no
event, however, may the total value of personal property subject to abatement exceed $1
million or the total amount of all property subject to abatement in a rehabilitation project
exceed $5 million.
U) Estimated Added Value or Added Value Reauirement. At the time of execution of the tax
abatement Agreement, the Owner shall reasonably estimate the Added Value upon
completion of construction of any improvements to real property in connection with the
Project. For Renewal Community Facility, the owner shall provide reasonable estimates of
the Added Value to be made to the property in addition to the estimated Added Value. This
"Estimated Added Value" and, for Renewal Community Facility, "Added Value" shall be
8
CORPUS CHRISTI
April 2006
stated in the Agreement. In the event that upon completion of construction of the
improvements, the Added Value, as determined by the Nueces County Appraisal District,
shall at any time thereafter during the term of the abatement Agreement be less than eighty-
five percent (85%) of the Estimated Added Value, not due to circumstances beyond the
control of Owner, the Owner agrees to pay an amount equal to the then current tax rate of
each Eligible jurisdiction providing abatement applied to the difference between the actual
Added Value from eighty-five percent (85%) of the Estimated Added Value, multiplied by
100% minus the net percentage of Abatement provided under the Agreement. For the
purposes of this provision, the term "circumstances beyond the control of Owner" shall
include casualty losses, national economic factors, shutdowns due to governmental
regulations, strikes, acts of war, and the like. The formula for calculating such additional tax
is outlined as follows:
[Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement%)] = Additional Tax
(k) Properties in Industrial Districts, For eligible property to be constructed in an area which is
covered by an executed industrial district agreement with the City, the method of calculating
payments in lieu of property taxes for such eligible property shall be as set forth in the
industrial district agreement. As an alternative to an industrial district agreement, an eligible
property may be covered by a tax abatement agreement, but such shall constitute an
election by the Owner that the land and improvements shall not be included within any type
of industrial district arrangement following the expiration of the tax abatement agreement.
(I) Economic Qualification for Non-Residential Development and Mixed-Use Facilities. In order
to be eligible for tax abatement, the planned improvement:
(1) must create no later than the January 1 following the completion of construction and
maintain throughout the remainder of the term of the Agreement the minimum number
of 50 permanent full-time jobs in Nueces County; or
(2) for Renewal Community Facility, must create within six months following the completion
of construction one (1) new permanent full-time job per $50,000 of Added Value to a
property and maintain the same level of employment or increase employment during
the term of the abatement agreement. If the project is a mixed-use facility, the job
requirement will apply to the non-residential improvement and will be prorated as
described In Section 2(g)(2);
(3) must not adversely affect competition in the local market with established local
businesses.
(m) Taxabilitv. From the execution of the Agreement to the end of the abatement period, taxes
shall be payable as follows:
(1) The value of Ineligible Property as provided in Section 2{ e) shall be fully taxable
(except for personal property added in connection with a Rehabilitation Project);
(2) The Base Year Value of existing Eligible Property as determined each year shall be
fully taxable; and
(3) The Added Value of new Eligible Property (and certain personal property added in
9
CORPUS CHRISTI
April 2006
connection with a Rehabilitation Project) shall be taxable in the manner described in
Section 2(g) above.
Section 3. Application.
(a) Written Application. Any present or potential owner of taxable property may request tax
abatement by filing a written application with: (i) the City Manager of the City, if such property
is within the city limits, or (ii) the County Judge of Nueces County, if such property is in the
unincorporated areas of Nueces County.
(b) Contents of Application. The application shall consist of a completed application form
accompanied by: a general description of the new improvements to be undertaken; a
descriptive list of the improvements for which abatement is requested; a list of the kind,
number and location of all proposed improvements of the property; a map and property
description; and a time schedule for undertaking and completing the proposed
improvements. In the case of a modernization or expansion project, a statement of the
assessed value of the Facility, separately stated for real and personal property, shall be
given for the tax year immediately preceding the application. The application form may
require such financial and other information as the City, County or other Eligible jurisdiction,
as applicable, deems appropriate for evaluating the financial capacity and other relevant
factors of the applicant.
(C) Written Notification to Governina Bodies. Upon receipt of a completed application, the City
Manager or County Judge, as the case may be, shall forward a copy of the application to the
presiding officer of the governing body of each Eligible jurisdiction having jurisdiction of the
property covered by the application.
(d) Feasibilitv. After receipt of an application for abatement, the City or the County, as
applicable, shall consider the feasibility and the impact of the proposed tax abatement. The
study of feasibility shall include, but not be limited to, an estimate of the economic effect of
the abatement of taxes and the benefit to the Eligible jurisdiction and the property to be
covered by such abatement.
(e) No Abatement if Construction has Commenced. No tax abatement Agreement shall be
approved if the application for the abatement was filed after the commencement of
construction, alteration or installation of improvements related to the proposed
Modernization, Expansion or New Facility.
(f) Variance. Requests for variance from the provisions of Section 2 of these guidelines may be
made in written form, provided, however, that no variance may extend the term of abatement
beyond five years after completion of construction. Such requests shall include a complete
description of the circumstances explaining why the applicant should be granted a variance.
Approval of a request for variance requires a three-fourths (3/4) vote of the governing body
of each Eligible jurisdiction providing abatement.
Section 4. Public Hearing and Approval.
(a) Desianation of Zone. A resolution designating a zone for tax abatement under the Act may
not be adopted by the City or the County until a public hearing has been held at which
interested persons are entitled to speak and present evidence for or against the designation.
10
CORPUS CHRISTI
April 2006
Notice of the hearing shall be provided to each Eligible jurisdiction and to the public in the
manner required by the Act.
(b) Reinvestment Zone. According to Chapter 312 of the Texas Tax Code, a designated Texas
Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or
other procedural requirements. Under Chapter 2302 of the Texas Government Code, a
federally designated Renewal Community or Census Block Group with poverty greater than
20% constitutes designation as a Texas Enterprise Zone. Therefore, the Renewal
Community is a Reinvestment Zone, without further hearing.
(c) Required Findings. In order to enter into a tax abatement Agreement, the County or City
must find that the terms of the proposed Agreement meet these Guidelines and Criteria.
(d) Reservation of Rights. Nothing herein shall be construed to limit the authority of the City, the
County or any other jurisdiction to examine each application for tax abatement before it on a
case-by-case basis and determine in its sole and absolute discretion whether or not the
proposed project should be granted temporary tax abatement and whether or not it complies
with these Guidelines and Criteria, is feasible, and whether or not the proposed temporary
abatement of taxes will inure to the long-term benefit of such Eligible jurisdiction.
Section 5. Agreement.
(a) Contents of Tax Abatement Agreement. The tax abatement Agreement with the Owner of
the Facility shall include:
(1) the estimated value to be subject to abatement and the Base Year Value;
(2) the percentage of value to be abated each year as provided in Section 2(g);
(3) the commencement date and termination date of abatement;
(4) a provision that the term of the Agreement shall extend until five (5) years after the
expiration of the period of tax abatement;
(5) the proposed use of the Facility, nature of construction, time schedule, map, property
description and Improvements list as provided in the application as required;
(6) the contractual obligations in the event of default, delinquent taxes, recapture,
administration and assignment as provided in these Guidelines or other provisions that
may be required for uniformity or by state law; and
(7) the amount of Added Value and required number of permanent full-time jobs.
(b) Time of Execution. The tax abatement Agreement shall normally be executed within 60
days after the applicant has provided all necessary information and documentation.
(c) Attorney's Fees. In the event any attorney's fees are incurred by the Eligible jurisdiction in
the preparation of a tax abatement Agreement, said fees shall be paid by the applicant upon
execution of the Agreement.
I]
CORPUS CHRISTI
April 2006
Section 6. Recapture.
(a) Failure to Commence Operation During Term of Aareement. In the event that the Facility is
not completed and does not begin operation with the minimum number of 50 permanent full-
time jobs by the January 1 following the completion of construction or for Renewal
Community Facility, at least one permanent full-time job per $50,000 of Added Value within
six months following the completion of construction, no abatement shall be given for that tax
year, and the full amount of taxes assessed against the property shall be due and payable
for that tax year. In the event that the Owner of such a Facility fails to begin operation with
the minimum number of 50 permanent full-time jobs by the next January 1 or for Renewal
Community Facility, at least one permanent full-time job per $50,000 within 1 year following
the completion of construction, then the abatement Agreement shall terminate and all abated
taxes during the period of construction shall be recaptured and paid within 60 days of such
termination.
(b) Discontinuance of Ooerations During Term of Aareement. In the event the Facility is
completed and begins operation with the required number of jobs but subsequently
discontinues operations and the required number of permanent full-time jobs is not
maintained as required in section 6(a), for any reason, except on a temporary basis due to
fire, explosion or other casualty or accident or natural disaster, the Agreement may be
terminated by the Eligible jurisdiction providing abatement, and all taxes previously abated
by virtue of the Agreement shall be recaptured and paid within 60 days of such termination.
(c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become
delinquent and fails to timely and properly follows the legal procedures for their protest
and/or contest. the Agreement shall terminate and so shall the abatement of the taxes for
the tax year of the delinquency. The total taxes assessed without abatement, for that tax
year shall be paid within 60 days from the date of termination.
(d) Notice of Default. Should the Eligible jurisdiction providing abatement determine that the
Owner is in default according to the terms and conditions of its Agreement, it shall notify the
Owner in writing at the address stated in the Agreement that if such is not cured within 60
days from the date of such notice (the "Cure Period"), then the Agreement may be
terminated. In the event the Owner fails to cure said default during the Cure Period, the
Agreement may be terminated and the taxes abated by virtue of the Agreement will be
recaptured and paid as provided herein.
(e) Actual Capital Investment. Should the Eligible jurisdiction providing abatement determine
that the total level of capital investment in eligible property is lower than provided in the
Agreement, the difference between the tax abated and the tax which should have been
abated based upon the actual capital investment as determined shall be paid to the taxing
agencies within 60 days of notification to the Owner of such determination.
(f) Reduction in Rollback Tax Rate. If during any year of the period of abatement with respect
to any property any portion of the abated value which is added to the current total value of
the Eligible jurisdiction but is not treated as "new property value" (as defined in Section
26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective
maintenance rate" in calculating the "rollback tax rate" in accord with Section 26.04(c)(2) of
the Texas Tax Code and if the Eligible jurisdiction's budget calculations indicate that a tax
12
CORPUS CHRISTI
April 2006
rate in excess of the "rollback tax rate" is required to fund the operations of the Eligible
jurisdiction for the succeeding year, then the Eligible jurisdiction shall recapture from the
taxpayer a tax In an amount equal to the lesser of the following:
(1) The amount of the taxes abated for that year by the Eligible jurisdiction with respect to
such taxpayer.
(2) The amount obtained by subtracting the rollback tax rate computed without the abated
property value being treated as new property value from the rollback tax rate computed
with the abated property value being treated as new property value and multiplying the
difference by the total assessed value of the Eligible jurisdiction.
If the Eligible jurisdiction has granted an abatement of taxes to more than one taxpayer, then
the amount of the recapture calculated in accord with subparagraph (2) above shall be
prorated on the basis of the amount of the abatement with respect to each taxpayer.
All recaptured taxes must be paid within thirty (30) days after notice thereof has been given
to the affected taxpayer. Penalty and interest shall not begin to accrue upon such sum until
the first day of the month following such thirty (30) day notice, at which time penalty and
interest shall accrue in accord with the laws of the State of Texas.
(g) Continuation of Tax Lien. The amount of tax abated each year under the terms of these
Guidelines and the Agreement shall be secured by a first and prior tax lien which shall
continue in existence from year to year throughout the entire term of the Agreement or until
all taxes, whether assessed or recaptured, are paid in full.
Section 7. Administration.
(a) Annual Assessment. The Nueces County Appraisal District shall annually determine an
assessment of the real and personal property subject to an Agreement. Each year, the
Owner shall furnish the Appraisal District with such information as may be necessary for the
abatement. Once value has been established, the Appraisal District shall notify the affected
jurisdictions which levy taxes of the amount of the assessment and the abatement.
(b) Access to Facility. The Agreement shall stipulate that employees and/or designated
representatives of the Eligible jurisdiction will have access to the Facility during the term of
the Agreement to inspect the Facility to determine if the terms and conditions of the
Agreement are being met. All inspections will be made only after giving 24 hours prior notice
and will only be conducted in such manner as to not unreasonably interfere with the
construction and/or operation of the Facility. All inspections will be made with one or more
representatives of the Owner and in accordance with its safety standards.
(c) Annual Evaluation, Upon completion of construction, the Eligible jurisdiction individually or in
conjunction with other affected jurisdictions, shall annually evaluate each Facility receiving
abatement to ensure compliance with the Agreement and report possible violations of the
Agreement.
(d) Annual Reports. The Owner shall certify to the governing body of the Eligible Jurisdiction on
or before April 1 each year that the Owner is in compliance with each applicable term of the
agreement. Additionally, during the initial four years of the term of property tax abatement,
13
CORPUS CHRISTI
April 2006
the Owner shall provide to the Eligible Jurisdiction approving the abatement an annual report
covering those items listed on Schedule 1 in order to document its efforts to acquire goods
and services on a local basis. Such annual report shall be prepared on a calendar year
basis and shall be submitted to the Eligible jurisdiction no later than ninety (90) days
following the end of each such calendar year. The annual report shall be accompanied by
an audit letter prepared by an independent accounting firm which has reviewed the report.
(e) "Buy Local" Provision. Each recipient of property tax abatement shall additionally agree to
give preference and priority to local manufacturers, suppliers, contractors and labor, except
where not reasonably possible to do so without added expense, substantial inconvenience,
or sacrifice in operating efficiency. In any such exception cases involving purchases over
$10,000.00 a justification for such purChase shall be included in the annual report. Each
such recipient shall further acknowledge that it is a legal and moral obligation of persons
receiving property tax abatements to favor local manufacturers, suppliers, contractors and
labor, all other factors being equal. For the purposes of this provision, the term "local" as
used to describe manufacturers, suppliers, contractors and labor shall include firms,
businesses, and persons who reside in or maintain an office in either Nueces County or San
Patricio County. In the event of a breach of the buy-local provision, the percentage of
abatement shall be proportionately reduced equal to the amount the disqualified contract
bears to the total construction cost for the project.
(f) RiQht to Modify or Cancel. Notwithstanding anything herein or in any agreement to the
contrary, the governing body of the Eligible Jurisdiction may cancel or modify the agreement
if the Owner fails to comply with the Agreement.
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CORPUS CHRISTI
April 2006
SCHEDULE 1
"Buy Local" Annual Reports
The following information shall be reported to the Governmental Unit on a calendar-
year basis during the first four years of the tax abatement program:
1. Dollar amount spent for materials* (local).
2. Dollar amount spent for materials* (total).
3. Dollar amount spent for labor** (local).
4. Dollar amount spent for labor** (total).
5. Number of jobs created in the construction project (local).
6. Number of jobs created in the construction project (total).
7. Number of full-time and part-time jobs created on a permanent basis (local)
and wages paid to employees.
8. Number of jobs created on a permanent basis (total).
* "Materials" is defined to include all materials used in excavation, site improvement,
demolition, concrete, structural steel, fire proofing, piping, electrical, instruments,
paintings and scaffolding, insulation, temporary construction facilities, supplies,
equipment rental in construction, small tools and consumables. This term does not
Include major items of machinery and equipment not readily-available locally.
** "Labor" is defined to include all labor in connection with the excavation, site
improvement, demolition, concrete construction, structural steel, fire proofing, equipment
placement, piping, electrical, instruments, painting and scaffolding, insulation,
construction services, craft benefits, payroll burdens, and related labor expenses. This
term does not include engineering services in connection with the project design.
The term "local" as used to describe manufacturers, suppliers, contractors and labor shall
include firms, businesses, and persons who reside in or maintain an office in either
Nueces County or San Patricia County
H. \LEG-DlR \garvws "gar, ws 'agenda\2QQ6\04-n\Guidehll~":cCC~ 2006.3 .do~
15
RESOLUTION
ELECTING TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT
AND ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA
WHEREAS, Texas Tax Code, Section 312.002, requires a taxing unit to establish
guidelines and criteria governing tax abatement agreements prior to designating an
area as a reinvestment zone and entering into a tax abatement agreement;
WHEREAS, Section 312.002 requires a taxing unit to adopt a resolution stating that the
taxing unit elects to become eligible to participate in tax abatement;
WHEREAS, tax abatement guidelines and criteria are effective for two years;
WHEREAS, the current tax abatement guidelines were adopted on April 27, 2004 and
amended on November 16, 2004; and
WHEREAS, the City Council desires to continue to be able to offer tax abatement under
the guidelines and criteria adopted hereby;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council elects to become eligible to participate in tax abatement
pursuant to Texas Tax Code, Chapter 312.
SECTION 2. The City Council establishes guidelines and criteria governing tax
abatement agreements by the City of Corpus Christi, Texas A copy of the guidelines
and criteria is attached
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 20.2006.
Henry Garrett
Mayor
By:
~Omt4
Ga W. Smith
Assistant City Attorney
for City Attorney
H: LegDirlgws lagenda 12006\04- 251taxabatem entguldelines
2
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
060425 adopting tax abatement guidelines & criteria
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 25, 2006
AGENDA ITEM: Amending the Corpus Christi Business and Job Development
Corporation's guidelines and criteria for granting business incentives to provide flexibility in
the approval of incentives for capital investment/facilities and to include a definition of
enterprise facilitation.
ISSUE: Section 4, (g), provides that a maximum value per job created be $5000. In order
to recruit higher paying jobs to Corpus Christi, the Business and Job Development Board
needs greater flexibility in determining the amount of incentive to be offered. It is therefore
recommended that section (g) be eliminated. The Board, with input and recommendations
from the Economic Development Corporation, will set the amount of incentive on a per
project basis.
In addition, the term enterprise facilitation has been included in Section 1 Definitions (e)
under "Business Incubator." This will allow the Board to consider funding for small
business through enterprise facilitation type programs.
REQUIRED COUNCIL ACTION: Approval of an amendment to the Corpus Christi
Business and Job Development Corporation's guidelines and criteria for granting business
incentives (see attached guidelines and criteria).
PREVIOUS COUNCIL ACTION: Resolution 025298 approved the Corpus Christi Business
and Job Development Corporation's guidelines and criteria for granting business
Incentives.
On July 8, 2004 the Corporation's Board of Directors approved an amendment to its
guidelines and criteria to change the definition of "Small Business" from "a primary
employer that employs 20 or less full-time (2080 hour/year) permanent employees at the
time of application" to "a primary employer that employs 49 or less full-time (2080
hours/year) permanent employees at the time of the application."
CONCLUSION AND RECOMMENDATION: Approval of the amendment to the Corpus
Christi Business and Job Development Corporation's guidelines and criteria for granting
business incentives
Attachment
~~~
Irma Caballero
Economic Development Director
BACKGROUND INFORMA liON
The Regional Economic Development Corporation has discussed with the 4A Board
the need for flexibility regarding the amount of incentives which may be allocated to
businesses considering our area for relocation or expansion. Currently, the
maximum incentive which can be awarded is $5000 per job created.
To provide the board with this flexibility, staff recommended and the 4A Board
approved the elimination of section 4 (g) of the Corporation's guidelines and criteria
for granting business incentives
RESOLUTION
APPROVING AN AMENDMENT TO THE CORPUS CHRISTI BUSINESS
AND JOB DEVELOPMENT CORPORATION'S GUIDELINES &
CRITERIA FOR GRANTING BUSINESS INCENTIVES TO PROVIDE
FLEXIBILITY IN THE APPROVAL OF INCENTIVE FOR CAPTIAL
INVESTMENT/FACILITIES AND TO INCLUDE A DEFINITION OF AN
ENTERPRISE FACILITATION.
WHEREAS, In Resolution 025298, the City Council approved the Corpus Christi
Business and Job Development Corporation's Guidelines & Criteria for Granting
Business Incentives
WHEREAS, on July 8, 2004, the Corpus Christi Business and Job Development
Corporation Board of Directors approved amendment to its Guidelines & Criteria for
Granting Business Incentives to change definition of "Small Business" from "a primary
employer that employs 20 or less full time (2,080 hours/year) permanent employees at
the time of application" to "a primary employer that employs 49 or less full time (2,080
hours/year) permanent employees at the time of application";
WHEREAS, In Resolution 025875, the City Council approved the amendment to
the Corpus Christi Business and Job Development Corporation's Guidelines & Criteria
for Granting Business Incentives relating to the definition of "Small Business";
WHEREAS, the Corpus Christi Business and Job Development Corporation
Board of Directors approved and recommended a further amendment to the
Corporation's Guidelines & Criteria for Granting Business Incentives to remove the
$5,000 per job limitation for "Maximum Value of Incentive for Capital
Investment/Facilities" to allow greater flexibility in authorizing incentives to attract new
and expanded businesses through CapitallnvestmentlFacility Business Incentives and
to include a definition of "Enterprise Facilitation "
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Council approves of the deletion of subsection (g)
"Maximum Value of Incentive for CapitallnvestmentlFacilities" from Section 4. "Capital
Investment/Facility Business Incentives" in the Corpus Christi Business and Job
Development Corporation's Guidelines & Criteria ("Guidelines") to provide greater
flexibility in authorizing incentives to attract new and expanded businesses.
SECTION 2. The City Council approves of the inclusion of the definition of
"Enterprise Facilitation" in the Corpus Christi Business and Job Development
Corporation's Guidelines & Criteria ("Guidelines") by inserting the definition of
"Enterprise Facilitation" in Section 1 (k) of the Guidelines as a program that tailors its
economic development services to individual entrepreneurs that have been identified
from within their community and to include the term as an example of "Business
Incubator" in Section 1 (e). A copy of the revised guidelines is attached.
060425060425 amending CCB and Job Deve Corp GUldelines,doc
ATTEST
Armando Chapa
Assistant Secretary
APPROVED: April 18, 2006.
By: _._
Gary W. Smith
Assistant City Attorney
for City Attorney
060425 amending CCB and Job Deve Corp Guidelines doc
2
THE CITY OF CORPUS CHRISTI
...
Henry Garrett
Mayor
3
CITY OF CORPUS CHRISTI, TEXAS
BUSINESS & JOB DEVELOPMENT CORPORA TlON
GUIDELINES & CRITERIA
FOR GRANTING BUSINESS INCENTIVES
WHEREAS, the attraction of long-term investment and the establishment of new jobs in
Corpus Christi would enhance the City's economic base; and,
WHEREAS, Corpus Christi must compete with other communities across the nation
currently offering a variety of business Incentives to attract new jobs and business; and,
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised
Civil Statutes (Development Corporation Act of 1979) has empowered local communities with the
ability to adopt an optional local sales and use tax as a means of improving the economic health
and prosperity of their citizens; and,
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi overwhelmingly
passed Proposition 2 NEW AND EXPANDED BUSINESS ENTERPRISES which authorized the
adoption of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one percent (1/Sth cent) to the imposed for 15
years; and,
WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for
the promotion and development of new and expanded business enterprises can only be used for
the following Projects and no others:
a) Education/Skills Development. These funds will be used to make grants to
companies and organizations to provide training, retraining and education to insure the
knowledge and skills required for the jobs of the future are in place.
b) Business Development/Incubation. These funds will be used to develop programs
and facilities that assist small and start-up companies that have the ability to produce
jobs for the future.
c) Jobs. These funds will be used to assist companies in the creation of meaningful,
wealth producing jobs Uobs that bring in dollars from outside of the community) in
Corpus Christi Funds would be available to both existing and new companies.
WHEREAS, the 1/Sth cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the City's Section 4A board of directors (Corpus Christi
Business and Job Development Corporation Board); and.
WHEREAS, to assure a common. coordinated effort to promote economic development,
these Guidelines and Criteria have been circulated among the City of Corpus Christi, other
governmental entities, the Corpus Christi Regional Economic Development Corporation, area
chambers of commerce and the Corpus Christi community in general for consideration;
060425 amending CCB and Job Deve Corp Guidelines doc
4
NOW. THEREFORE, BE iT RESOLVED by the Corpus Christi Business and Job
Development Corporation that these Guidelines and Criteria for Granting Business Incentives be
adopted'
Section 1. Definitions.
(a) "Act means Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes
(Development Corporation Act of 1979)
(b) "Aqreement" means a contractual agreement between a property owner and/or lessee within
the City of Corpus Christi City limits and the "Corporation" for the purposes of granting
business incentives.
(c) "Basic Manufacturinq or Service Facility" means buildings and structures, including fixed
machinery and equipment not elsewhere described, used or to be used for the production of
products or services
(d) "Board" means the Corpus Christi Business and Jobs Development Corporation Board
(Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act".
(e) "Business Incubator' means a program established with the primary objective of improving
the potential success of emerging small businesses, preferably through the transfer or
application of technology, and in doing so, creates jobs, ensures self sufficiency and
invigorates the local economy. Through such programs, small business owners typically
have access to assistance which might include items such as rental space, administrative
support services, on-site business consulting, workshops, enterprise facilitation, and
business management seminars.
(f) "Capital Investment" means the increase in the assessed value of an eligible property as a
result of "expansion" or "modernization" of an "existing facility" or construction of a "new
facility." It does not mean or Include "deferred maintenance".
(g) "Cltv' means the City of Corpus Christi, Texas.
(h) "Corporation" means the City of Corpus Christi Business and Job Development Corporation
established by "City" Resolution 024233.
(i) "Deferred Maintenance" means improvements necessary for continued operations which do
not improve productivity or are performed to meet regulatory obligations.
U) "Economic Life" means the number of years a property improvement is expected to be in
service in a "facility"
(k) "Executive Director" means the chief executive officer for the "Corporation," or his/her
designated representative.
(I) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for
the purposes of increasing capacity
(m) "Facility" means property improvements completed or in the process of construction which
together compromise an integral whole, as well as new fixed machinery or equipment.
060425 amending CCB and Job Deve Corp Guidelines doc
5
en) "Modernization" means the replacement and upgrading of existing "facilities" which increase
the productive input or output, updates the technology or substantially lowers the unit cost of
the operation. and extends the economic life of the "facilities". Modernization may result
from the construction, alteration or installation of buildings, structures, fixed machinery or
equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or
completion of "deferred maintenance".
(0) "New Facility" means a property previously undeveloped which is placed into service by
means other than or in conjunction with an "expansion" or "modernization".
(p) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the
"facility" is constructed on a leased property, the owner shall be the party which owns the
property subject to the business incentive. The other party to the lease shall join in the
execution of the "agreement" but shall not be obligated to assure performance of the party
receiving business incentive
(q) "Petrochemical Facility" means buildings and structures, including fixed machinery and
equipment, the primary purpose of which is or will be the manufacture or processing of
petrochemicals or fuels by physical or chemical change.
(r) "Primary Employer' means a business which produces goods and services to customers
that are located predominantly outside of the local area, thus generating rather than
redistributing wealth in the community. Primary employers generate new wealth through
wages paid for jobs created, as well as through new demand for materials and services
bought from local suppliers. A primary employer is further defined as a business that owns or
operates a "basic manufacturing or service facility," "petrochemical facility," "regional
distribution center facility," "regional telecommunications/data processing center facility," or
'research and development facility"
(s) "Project AQreement" means the agreement made by and between the "City" and the
"Corporation" which assigns responsibilities for jointly carrying out each "agreement" to
assure that funds are used for authorized purposes. City execution of the Project
Agreement shall be In the form of an adopted Resolution by the City Council of the City.
(t) "ReQional Distribution Center Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service or distribute
goods or materials owned by the Facility operator where a majority of the goods or services
are distributed to points beyond a 50-mile radius of Nueces County.
(u) "ReQional Telecommunications/Data ProcessinQ Center Facility" means buildings and
structures used or to be used primarily for the provision of telecommunication or data
processing services by the Facility operator where a majority of the services are provided to
points beyond a 50-mile radius of Nueces County.
(v) "Research and Development Facility" means buildings and structures used or to be used
primarily for the purpose of product developmental engineering, testing and evaluation.
(w) "Small Business" means a "primary employer" that employs 49 or less full time (2,080
hours/year) permanent employees at the time of application.
060425 amending CCB and Job Deve Corp Guidelmes doc
6
Section 2. Mission & Goals
(a) It shall be the mission of the Board in administration of these Guidelines and Criteria to
promote, encourage and enhance the creation of jobs which expand the City tax base and
economy through granting business incentives which assist in the retention, expansion and
recruitment of Pnmary Employers
(b) The goals of the Board in administration of these Guidelines and Criteria are to:
· Create jObs;
· Expand the City tax base and economy;
· Strengthen and diversify Primary Employers within the local economy.
(c) The role of the Corporation In carrying out this mission and goals is to review and approve
applications for business incentives, recognizing that the Corpus Christi Regional Economic
Development Corporation exists for the purpose of organizing, coordinating and leading the
City's economic development efforts.
Section 3. Business Incentives Authorized.
(a) Capital Investment/Facility Business Incentives Authorized. Incentives granted by
Agreement for Capital Investment or Facilities under these guidelines pursuant to Section 4
below may include, but are not limited to:
· land, facilities, equipment & infrastructure grants;
· loan participation/guarantees:
· direct low interest loans:
· rent subsidies;
· relocation and moving expense grants; and,
· Job training grants/loans.
(b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business
under these guidelines pursuant to Section 5 below may include, but are not limited to:
· Small Business start up grants/loans; and,
· Business Incubation grants/loans.
Section 4. CapitallnvestmentlFacility Business Incentives.
(a) Authorized Facilities A Capital Investment for a Facility may be eligible for incentives by
Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or
Capital Investment related to either New Facilities or improvements to existing Facilities for
the purpose of Modernization or Expansion. The following types of property shall be
ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of
movable personal property; vehicles; vessels; aircraft; deferred maintenance investments;
improvements to real property which have an economic life of less than 15 years; with the
exception of the City of Corpus Christi, property owned or used by the State of Texas or its
political subdivisions or by any organization owned, operated or directed by a political
subdivision of the State of Texas.
060425 amending CCB and Job Deve Corp GUldelines.doc
7
(b) Completion of Facility Construction. The completion of Facility construction or installation of
Capital Investment shall be deemed to occur upon the earliest of the following events (as
determined by the Board)
· when a certificate of occupancy is issued for the project;
· when commercial production of a product or provision of a service is achieved at the
Facility,
· when the architect or engineer supervising construction issues a certificate of
substantial completion, or some similar instrument; or,
· two (2) years after the date of the Agreement.
(c) Location or Residency Requirement. Facilities or land may be eligible for business
incentives only in the event that any associated Capital Investment is located within the City.
Property which is covered by an executed industrial district agreement shall be considered to
be within the City for purposes of determining if a project meets location requirements. With
regard to job training incentives, these may be eligible outside of the City only in the event
that at least 51% of the jobs created during the term of the Agreement are held by residents
of the City
(d) Waqe ReqUirement In order to count as a Job under an Agreement, the job shall pay at
least a "living wage". For purposes of this provision, living wage shall mean that annual
amount determined by the U.S Department of Health and Human Services for the Corpus
Christi area as being at the poverty level for a family of three, divided by 2,080 hours per
year In determining if this requirement is met, the Board may also consider other
compensation factors or employee benefits that enhance the employee's compensation
package as a whole Accordingly, the Corporation, through its Project Agreement with the
City, may adjust the living wage target under these Guidelines and Criteria and insert a
specific target in each Agreement to govern the incentive offered. With regard to job
training, a job shall pay at least an amount as determined by the Act in order to count as a
job under an Agreement
(e) Job Creation Qualification In order to be eligible for business incentives, the planned
Capital Investment must create and maintain the minimum number of 50 full-time (2,080
hours/year) permanent jobs within three (3) years of an effective date as set out in the
Agreement. With regard to Job training, an exception to this requirement may be granted by
the Board on a case by case basis
(f) "Buy Local" Provision. Each recipient of business incentives under this Section shall
additionally agree to use best efforts to give preference and priority to local manufacturers,
suppliers, contractors and labor, except where not reasonably possible to do so without
added expense, substantial inconvenience, or sacrifice in operating efficiency. For the
purposes of this provision, the term "local" as used to describe manufacturers, suppliers,
contractors and labor shall include firms, businesses, and persons who reside in or maintain
an office within a 50-mile radius of Nueces County.
(9) M3ximum V31ue of Incentive for C3pital Investment/Facilities. The maximum value of
incentive gr3nted by Agreement under this Section Sh311 be $5,000 for every job cre3ted.
With regard to job tr3ining, the businoss incenti'/e m3Y not fund more th3n 3n 3mount
3110'.\'able by the Act
060425 amending CCB and Job Deve Corp Guidelines doc
8
Section 5 Small Business Incentives.
(a) Authorized Proiects/Dedicated Allocation. For projects which may not meet the
requirements of Section 4 above, business Incentives may also be granted to Small
Business to create Jobs for Pnmary Employers through Small Business start up and/or
Business Incubation On an annual basis, the Board shall budget a separate allocation for
funding all small business start up and/or business incubation incentives.
(b) Proiect Implementation An authorized Small Business project funded by a business
incentive under this Section must be implemented within two (2) years from the date of the
Agreement.
(c) Location or Residencv Requirement. Small Business start up and/or Business Incubation
projects may be eligible for business incentives only in the event that associated Capital
Investment or services are located/provided within the City. Additionally, programs should
be directed at creating jobs for City residents.
(d) Waqe and Job Creation Requirements. Wage and job creation requirements for Small
Business start up and Business Incubation shall be evaluated and determined by the Board
on a case by case basis.
Section 6. Application.
(a) Written Application. Any present or potential Owner or sponsor may request business
incentives by filing a written application with the Executive Director, or his designated
representative
(b) Contents of Application. The application shall consist of a completed application form
accompanied (when applicable) by a general description of proposed Capital Investments to
the Facility; a descriptive list of the improvements or program for which business incentives
are requested a list of the kind. number and location of all proposed improvements of the
property: a map and property description: and. a time schedule for undertaking and
completing the proposed improvements or programs. In the case of a Modernization or
Expansion project, a statement of the assessed value of the Facility, separately stated for
real and personal property, shall be given for the tax year immediately preceding the
application. The application form may require such financial and other information as the
Corporation or City deems appropriate for evaluating the financial capacity and other
relevant factors of the applicant
(c) Feasibilitv/Economic Impact Study. After receipt of a completed application, and at the cost
of the applicant, the Executive Director shall cause to be performed a study of feasibility and
economic impact using an independent consultant selected by or agreed to by the Board.
This study shall include, but not be limited to, an estimate of the economic effect of
incentives, including job creation, employment enhancement and capital investment. Once
completed. the study and the application will be forwarded to the Board for review and
discussion before consideration of any Agreement.
(d) No Business Incentives if Construction or Program has Commenced. No business incentive
Agreement shall be approved if the application was filed after the commencement of any
construction, alteration or installation of improvements related to the proposed Facility
Modernization. Expansion or New Facility. Similarly, no business incentive Agreement shall
060425 amending CCB and Job Deve Corp Guidelines.doc
9
be approved for any program If the application was filed after the program has been
establishment or program activity has commenced.
Section 7. Approval.
(a) Reservation of RiQhts. The Board reserves the right to determine the eligibility of a project
and the terms and conditions of any loan, grant or guarantees based on the mission, goals
and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of
the Board to examine each application for business incentives before it on a case-by-case
basIs and determine in its sole and absolute discretion whether or not the proposed project
should be granted any business incentive and whether or not it complies with these
Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will
be to the long-term benefit of the City.
(b) Prolect AQreement Required. Each Agreement shall also include and be accompanied by a
separate Project Agreement executed between the Corporation and the City.
Section 8. Agreement.
(a) Contents of Business Incentive AQreement The Agreement shall include (when applicable):
· the estimated value of Capital Investment;
· the commencement date and termination date of the business incentive;
· the proposed use of the Facility, nature of construction, time schedule, map, property
description and improvements list as provided in the application as required;
· In the case of programs, the proposed program description, targeted employment
market, nature and schedule of activities, facilities and equipment used to carry out
activities. and complete program budget listing all sources of funding and projected
expenditures;
· the contractual obligations in the event of default, delinquent taxes, recapture,
administration and assignment as provided in these Guidelines or other provisions that
may be required for uniformity or by state law; and,
· the number of permanent jobs, and wage/salary minimums for jobs created.
(b) Time of Execution. The business Incentive Agreement shall normally be considered by the
Board within 60 days after the applicant has provided all necessary information and
documentation
Section 9. Recapture
(a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility
or program fails to timely, fully and completely comply with anyone or more of the
Agreement requirements, obligations, duties, terms, conditions or warranties, such failure
shall be an act of default and, if not fully and completely cured and corrected, Corporation
and/or City may terminate the Agreement and pursue all legal remedies as provided by law.
(b) Delinauent Taxes. In the event that the Owner allows its ad valorem taxes to become
delinquent and fails to timely and properly follow the legal procedures for their protest and/or
contest, the Agreement shall terminate and so shall the business incentives.
060425 amending CCB and Job Deve Corp GUidelines doc
10
(c) Notice of Default. Should the Corporation and/or City determine that the Owner be in default
according to the terms and conditions of its Agreement, it shall notify the Owner in writing at
the address stated in the Agreement that if such is not cured within 60 days from the date of
such notice (the "Cure Period"), then the Agreement may be terminated. In the event the
Owner fails to cure said default during the Cure Period, the Agreement may be terminated.
(d) Potential liability After exhausting good faith attempts to address any perceived default
during the Cure Penod, and taking into account any extenuating circumstances that might
have occurred through no fault of the Owner as determined by the Board, potential liability
under an Agreement may include the immediate return of all money grants and
consideration previously paid, the maximum lawful rate of interest on all money paid until
fully repaid, reasonable attorney fees and costs of court to collect such money, and the
termination of all further obligations made under Agreement. In addition, City and/or
Corporation shall not be liable for any alleged consequential damages.
Section 10. Administration.
(a) Access to Facility. The Agreement shall stipulate that employees and/or designated
representatives of the City will have access to the Facility or program during the term of the
Agreement for inspection to determine if the terms and conditions of the Agreement are
being met. All inspections will be made only after giving 24 hours prior notice and will only
be conducted In such manner as to not unreasonably interfere with the construction and/or
operation of the Facility or program. Inspections will be made with one or more
representatives of the Owner and in accordance with its safety standards.
(b) Annual Evaluation. The City, acting on behalf of the Corporation, shall annually evaluate
compliance with the Agreement and report possible violations of the Agreement. As part of
this evaluation. the Owner shall provide information sufficient to ensure compliance.
(c) RiQht to Modify or Cancel. Notwithstanding anything herein or in any agreement to the
contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with
the Agreement.
Adopted by the Board
April 3, 2006
060425 amending CCB and Job Deve Corp Guidelines.doc
11
Corpus Christl, 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
060425 amending CCB and Job Deve Corp Guidelines.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
April 25, 2006
AGENDA ITEM:
Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of notice of
intention to issue Combination Tax and Revenue Certificates of Obligation, (Landfill Project); and
resolving other matters relating to the subject.
ISSUE:
The City plans to issue up to $20,000,000 in Combination Tax and Revenue Certificates of Obligation,
(Landfill Project). The Landfill Project certificates will be used for the purpose of paying contractual
obligations relating to the construction of improvements to the City's solid waste facilities, as well as
the payment of fiscal, engineering and legal fees incurred in connection with the certificates. State
law requires that a notice of intention be published when certificates of obligation are to be sold. The
resolution also requests that the City Council authorize the City Manager to retain the services of
M.E. Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond
Counsel, In connection with the issuance and sale of the proposed Certificates of Obligation.
REQUIRED COUNCIL ACTION:
City Council approval of the Resolution directing the publication.
FUTURE COUNCIL ACTION:
May 16, 2006 - Ordinance authorizing the issuance of up to $20,000,000 in Combination Tax and
Revenue Certificates of Obligation and approving the execution of a purchase contract.
RECOMMENDATION:
City Staff recommends that the City Council approve the resolution directing publication of not ice of
intention to issue Combination Tax and Revenue Certificates of Obligation for the Landfill Project.
~()~
Cindy O'Bri
Director ofPinancial Services
Attachments:
Background Information
Resolution
BACKGROUND INFORMATION
The City plans to issue up to $20,000,000 in Combination Tax and Revenue Certificates of Obligation,
(Landfill Project), before the end of July. 2006.
The landfill projects expected to be funded by the certificates will include the paying of contractual
obligations to be incurred by the City with respect to the City's solid waste facilities, including,
without limitation, paying contractual obligations to be incurred with respect to the development of the
Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction
of municipal landfill waste disposal cells, cover systems, gas collection systems, equipment, drainage
facilities, maintenance facilities, leachate collection systems, liners, environmental monitoring
equipment, and other improvements necessary to operate the landfill, and improvements to the J. C.
Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357
(Saratoga Boulevard) including construction of final cover systems, gas collection system
modifications, ground water monitoring, transfer station improvements and equipment, and other
Improvements necessary to operate said facility, and the payment offiscal, engineering and legal fees
mcurred in connection therewith.
The City intends to adjust the solid waste fees to allow for funding of these certificates, and will
address the increases during the fiscal year 2006-2007 budget process beginning in May, 2006.
A RESOLUTION
BY THE CIT\ COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION;
AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT
WHEREAS. the City of Corpus Christi expects to pay expenditures in connection with the
design. planning, acquisItion and construction of the projects described in Exhibit A to this Resolution
prior to the issuance oflhe Certificates of Obligation hereinafter described; and
WHEREAS. the City Council hereby finds, considers and declares that the reimbursement of
the payment by the City of such expenditures will be appropriate and consistent with the lawful
objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions
of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itselffor such payments at such
time as it issues the hereinafter described Certificates of Obligation; and
WHEREAS, it IS hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public, and public notice ofthe time, place and purpose
of said meeting was given, all as required by Chapter 551. Texas Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI. TEXAS
Section I. That attached hereto and marked "Exhibit A" is a form of notice, the form and
substance of which are hereby passed and approved.
Section 2. That the City Manager shall cause said notice to be published, in substantially the
form attached hereto, in the Cotpus Chn'sti Caller-Times, a newspaper of general circulation in the
City 0 f Corpus Christi, Texas, for two consecutive weeks, the date of the first publication to be
before the fourteenth day before the day tentatively proposed for authorizing the issuance of the
Certificates of Obligation as shown in said notice.
Section 3. That the City Manager is hereby authorized to retain the services ofM. E. Allison
& Co.. Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond Counsel, in
connection with the issuance and sale of the proposed Certificates of Obligation.
Section 4. That the facilities and improvements to be fmanced with proceeds from the
proposed Certificates of Obligation are to be used for the purposes described in the attached Notice
of Intention.
Section 5 fhat all costs to be reimbursed pursuant to this Resolution will be capital
expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of
0) the date the expenditures are paid or (il) the date on which the property, with respect to which
such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates
of Obligation will not be issued pursuant to this Resolution on a date that is more than three years
after the date any expenditure which is to be reimbursed is paid.
Section 6 That all resolutions or parts thereof in conflict herewith are hereby repealed.
PASSED AND APPROVED thiS the 25th day of April, 2006.
Mayor, City of Corpus Christ~ Texas
ATTEST:
City Secretary, City of
Corpus Christi, Texas
,v
APPROVED THIS THI- 2L DAY OF APRIL. 2006:
MARY KAY FISCHER. CITY ATTORNEY
5~
i~~
mS\'~~ C1~ A-fW~
fv LA 1) A<<w-h~
EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of
Corpus Christi, Texas, to issue one or more series of the interest bearing certificates of obligation of
the City to be entitled "City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue
Certificates of Obligation", for the purpose of paying contractual obligations to be incurred by the
City with respect to the City's solid waste facilities, to-wit, the construction of improvements to the
City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred
with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and
FM 2444, for the acquisition and construction of municipal landfill waste disposal cells, cover
systems, gas collection systems, equipment, drainage facilities, maintenance facilities, leachate
collection systems, liners, environmental monitoring equipment, and other improvements necessary
to operate said landfill, and improvements to the J.e. Elliott landfill in the vicinity of SH 286
(Chapman Ranch Road) and SH 357 (Saratoga Boulevard) including the acquisition and construction
offmal cover systems, gas co llectIon system modifications, ground water monitoring, transfer station
unprovements and eqUipment, and other improvements necessary to operate said landfilL and the
payment of fiscal, engineering and legal fees incurred in cormection therewith. The City Council
tentatively proposes to authorize the issuance of said series (one or more) of Certificates of
Obligation at its regular meeting place in the City Hall at a meeting to commence at 10:00 a.ill., on
the 16th day of May, 2006. The maximum amount of Certificates of Obligation indebtedness that
may be authorized to be sold on said date for such purposes described above is $20,000,000. The
City Council presently proposes to provide for payment of said series (one or more) of Certificates
of Obligation from the levy of taxes and from surplus revenues derived from the operation of the
City's solid waste system.
CITY OF CORPUS CHRISTI, TEXAS
IS/ Henry Garrett
Mayor
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
17
AGENDA MEMORANDUM
City Council Action Date: April 25, 2006
SUBJECT: Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade
Part 1 (Project No 7231)
~NDA ITEM:
A. Ordinance appropriating $5,198,719 from the unappropriated interest earnings from
Wastewater 1995A CIP Fund 4242 for the Oso Water Reclamation Plant Electrical/
Alternate Power Facility Upgrade Part 1, amending capital budget adopted by
Ordinance No. 026188 by increasing appropriations by $5,198,719; and declaring an
emergency.
B. Motion authorizing the City Manager, or his designee, to award a construction contract
to R.S. Black Civil Contractors Inc. / Machinery & Materials Inc. (a joint venture) of
Corpus Christi, Texas, in the amount of $5,118,719 for the Oso Water Reclamation
Plant Electrical/Alternate Power Facility Upgrade Part 1.
C. Motion authorizing the City Manager, or his designee, to execute an electrical power
agreement with American Electric Power (AEP) of Corpus Christi, Texas in the amount
of $80,000 for the Oso Water Reclamation Plant Electrical/Alternate Power Facility
Upgrade Part 1
I6~E: The Oso Water Reclamation Plant electrical system was originally installed in the
eariy 1950s and later upgraded in the early 1980s. The system is a radial feed design and
utilizes outdoor high voltage (12.47 kV) switchgear and underground cable distribution
circuits, The equipment and cables are near the end of their useful life and the system has
experienced several power failures and excessive maintenance and repair costs in recent
years. In order to continue to comply with TCEQ requirements for wastewater treatment,
these antiquated systems need to be replaced. The facilities electrical upgrade project will
replace the underground cable distribution system with an above-ground cable tray and will
replace the existing 12.47 kV and 480 volt switchgear with new, state-of-the-art equipment
tocated in climate-controlled buildings. In addition, AEP will be responsible for the
installation of new 12kV poles, wires, guys and other equipment and will remove their
facilities that are no longer required. The project has bid and Council approval is needed in
order to award the construction contract and to complete the first phase of the project.
FUNDING: Funds for this project are available from the FY 2004-2005 Wastewater Capital
Improvement Budget.
~~-vJ)q/06
Foster Crowell
Director of Wastewater Services
RECOMMENDATION: Staff recommends approval of the items as presented.
/"'"
,IfI~ &.~ fftpl
g R. Escobar, P.E.
irector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "e" Project Budget
Exhibit "0" Location Map
H:\HOMEIRachelleIGE NlWastewater\ 1231 Ie onstruclionlAgenda Memo. doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade
Part 1 (Project No. 7231)
eftOJECT BACKGROUND: The Oso Water Reclamation Plant electrical system was
originaJlyinstalled in the early 1950s and later upgraded in the early 1980s. The system is
a radial feed design and utilizes outdoor high voltage (12.47 kV) switchgear and
underground cable distribution circuits. The equipment and cables are near the end of their
useful life. The system has experienced several power failures and excessive maintenance
and repair costs in recent years.
~OJECT DESCRIPTION (Construction Contract): This is a multi-phased project. Part 1
of the Facilities Electrical Upgrade will replace the underground cable distribution system
with an above-ground cable tray and will replace the existing 12.47 kV and 480 volt
switchgear with new, state-of-the-art equipment located in climate-controlled buildings.
The proposed project consists of the installation of three (3) electrical control rooms
(ECR's) to replace the existing outdoor 12.47kV fused switches and indoor 480 volt motor
control centers (MCC's) located throughout the Oso Water Reclamation Plant. Two riser
poles will be used to transition from bare overhead conduit to underground conduit for the
two incoming feeders The feeders will be routed into the 12.47kV, main-tie-main
switchgear lineup located in one of the ECR's.
The three (3) ECR locations will be connected via cable tray with 12.47kV, MC type cable.
The cable tray system will also be used for 600 volt feeders and controls. Six new
transformers will be installed, two at each ECR. Each transformer secondary will be
connected to a 480 volt main breaker via cable bus. Each ECR will contain a 480 volt,
main-tie-main breaker lineup with a corresponding MCC section. New feeder and control
circuits will be routed from the new MCC's to the existing loads and/or spliced to the
existing circuits. Conduit and junction boxes will be installed to facilitate these connections.
Distribution panels will be located in each ECR to provide feeders for existing loads in a
similar manner. The existing 12.4 7kV feeder cable, fused switches, transformers, bus duct
and MCC's shall be removed after the loads have been transferred to the new equipment.
Existing distribution panels will be converted into junction boxes or removed. This work
shall include coordination with American Electric Power (AEP) for the installation of new
12.47kV overhead lines and meters and the removal of existing AEP equipment.
Vehicle parking areas will be provided at each ECR with sidewalks, stairs and handrails.
Some road rerouting will be required near one of the ECR's and road repair over required
excavations. Fencing and site work is required around each of the three transformer
areas. Hot dipped galvanized structural steel supports will be provided for the cable tray
including three cable tray bridges. Foundations will be provided for the bridges, cable tray
supports, transformers and buildings.
EXHIBIT "A"
Page 1 of 4
H.\HOMEIRachelleIGENIWastewaterI7 :>31 IConstruchonlAgenda Background. doc
110 INFORMATION: This project consists of the following:
. Base Bid - Section 1
· Base Bid - Section 2 (Additional Exploratory Excavations)
· Base Bid - Section 3 (Additional Equipment Items)
Note' The additional exploratory excavations and additional equipment items may be
required to revise proposed equipment locations due to conflicts with underground
obstructions. If quantities or lengths change from the original plans due to final foundation
locations. the unit prices in the bid will be used to increase or decrease the contract
amount. Actual quantities will be determined by actual field conditions and may be zero.
The City received proposals from two bidders on March 15, 2006 (see Exhibit "B" Bid
Tabulation). The engineer's estimated cost of construction is $4,350,000.00. The bids
ranged from:
. Base Bid - Section 1:
. Base Bid - Section 2:
. Base Bid - Section 3:
. Total:
$4,910,000.00
$89,420.00
$119,299.00
$5,118,719.00
to $5,018,658.00
to $103,607.02
to $153,425.15
to $5,275,690.17
The consultant (Colwell & Associates Inc.) has indicated that there are several factors that
may have influenced the differences between the engineer's opinion of probable cost and
the contractors' bid amounts, including the following:
~ Over the past two years, there have been significant increases in copper, steel,
concrete, labor and other costs associated with construction.
~ Only two contractors bid on this project.
~ The projected cost of petroleum and other items may indirectly affect the cost of the
project (Le., shipping and transportation).
~ The cost to schedule and interface the outages and cutovers with Oso Water
Reclamation Plant personnel may have been higher than anticipated.
~ The contractor's markup on material items may have been higher than anticipated.
Colwell & Associates Inc. and City staff recommend that awarding the Base Bid (Sections
1, 2 and 3) would be the most advantageous to the City. Therefore, based on lowest
qualified bidder and satisfactory past work experience, it is recommended that a
construction contract be awarded in the amount of $5,118,719.00 to R.S. Black Civil
Contractors Inc.lMachinery & Materials Inc. (a joint venture) of Corpus Christi, Texas for
the Base Bid (Sections 1, 2 and 3)
CONTRACT TERMS: It is proposed that the project be completed in 365 calendar days,
with completion anticipated in April 2007.
~OJECT DESCRIPTION (Electrical Power Agreement): AEP Texas will be responsible
fOr the following tasks:
./ Install a new 12.47 kV distribution line, meter pole, group operated switch, dead end
pole and associated equipment from Nile Drive to the east riser pole.
0/ Install a new meter pole, group-operated switch, deadend pole and associated
EXHIBIT "A"
Page 2 of 4
H:\HOMEIRachelleIGE NIWastewater\ 7131 IC)nstructlOnlAgenda Background doc
equipment to the west riser pole.
./ Coordinate with the contractor to remove jumpers at the existing south switchgear
riser pole to de-energize the 12.47 kV overhead line that extends to the transformer
bank at blower house #1 and blower house #5.
0/ Maintain the eXisting 12.47 kVoverhead line in an operable condition to provide
alternate service to blower house #1 and blower house #5 in the event of an
emergency.
./ Coordinate with the contractor for the removal of existing meter, poles, overhead
lines and other related equipment along the south and east side of the plant
office/parking area as instructed by the City's engineer. Coordinate with the
telephone company to leave poles and guys as necessary to support existing
telephone cable
0/ Remove the meter, poles, overhead lines and other related equipment entering the
plant on the east from Ennis Joslin Road.
./ Remove the transformers, racks, poles, overhead lines and other related equipment
serving blower house #1 and blower house #5.
FUTURE COUNCIL ACTION: Council approval of an AlE contract and construction
contract for Part 2-Altemate Power Supplv Svstems (Project No. 7233). This project will
provide an alternate power supply for the Oso Water Reclamation Plant to ensure
compliance with federal and state regulations during emergency situations and to provide
more reliable service to the City's wastewater customers.
PRIOR COUNCIL ACTION:
1. October 21.2003 - Motion authorizing the City Manager, or his designee, to execute a
consultant contract with Colwell & Associates for a total fee not to exceed $360,639 for
the Oso Wastewater Treatment Plant Electrical/Alternate Power Facility Upgrade.
(Motion No. 2003-373)
2. March 29. 2005- Approving the FY 2005 Capital Budget in the amount ot
$178,074,800. (Ordinance No. 026188)
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-at-town).
2. March 13. 2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water. Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
3. March 15. 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water. Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-ot-town).
4. March 26.2002 - Addendum NO.3 to the Request tor Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-at-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-af-town).
EXHIBIT "An
Page 3 of 4
H:\HOMEIRact1elleIGENIWastewaterl 7 231 \( .onstructlOnlAgenda Background. doc
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EXHIBIT "B"
Page 5 of 5
080 WATER RECLAMATION PLANT
ELECTRICAL I ALTERNATE POWER FACILITY UPGRADE, PART 1
(PROJECT NO. 7231)
PRELIMINARY PROJECT BUDGET
April 18, 2006
BLftlS AVAILABLE:
Iwastewater CIP Fund
E8TIMA TED
BUDGET
I $ 6,540,377.00 ,
.EYMJ)S REQUIRED:
Construction Cost (R.S. Black Civil Contractors/Machinery & Materials) $ 5,118,719.00
Construction Continaencies 511,872.00
AlE Consultants (Colwell & Associates / Donald R. Funderlic) 369,819.00
Construction Inspection 204,750.00
Enaineerinq Reimbursements 153,562.00
Administrative Reimbursements 179,155.00
Incidental Expenses (Printing, Advertising, etc.) 2,500.00
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Total...... .. ..... .......... ... ... . . . . . . . . . .. ......, < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . $ 6,540,377.00
EXHIBIT "e"
Page 1 of 1
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EXHIBIT "D"
CITY COUNCIL EXHIBIT ~
CITY OF CORPUS CHRIST/, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 3
DATE: 04-25-2006 ~
OSO WASTEWA TER TREA TMENT PLANT
ELECTRICAUAL TERNA TE POWER
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Page 1 of 2
ORDINANCE
APPROPRIATING $5,198,719 FROM THE UNAPPROPRIATED
INTERST EARNINGS FROM WASTEWATER 1995A CIP FUND 4242
FOR THE 050 WATER RECLAMATION PLANT
ELECTRICAUAL TERNATE POWER FACILITY UPGRADE PART 1;
AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO.
026188 BY INCREASING APPROPRIATIONS BY $5,198,719; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Appropriating $5,198,719 from the unappropriated interest earnings from
Wastewater 1995A CIP Fund 4242 for the 050 Water Reclamation Plant
Electrical/Alternate Power Facility upgrade Part 1.
SECTION 2. Amending the Capital Budget adopted by Ordinance No. 026188 by
increasing appropriations by $5,198,719.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of , 2006.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved 19 April 2006
:.J n P Burke, Jr.
enior Assistant City Atto
For City Attorney
Page 2 of 2
Corpus Christi, Texas
___ day of ____
,2006.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott