HomeMy WebLinkAboutAgenda Packet City Council - 05/23/2006
CITY COUNCIL AGENDA
MAY 23, 2006
Corpus Christi
.-America cnv
11 45 A.M. Proclamation declaring the week of May 21-27. 2006 as "Hurricane Awareness Week"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 23, 2006
10:00 A.M.
PUBUC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petftion or other information perlaining to your
subject, please present it to the City Secretary.
Sf Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un intt:rprete ingles-espanol en todas las juntas
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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 Dr. Sam Gutierrez, Cornerstone 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 Tem John Marez
Coun,:iI 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
E. MINUTES:
1. Approval of Regular Meeting of May 16, 2006 and Special Meeting of May 18, 2006.
(Attachment #1 )
Agenda
ReglMar Council Meeting
May 23, 2006
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CON_NT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
EBQM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2 Motion approving a service agreement with OneSource Facility
Services, Inc., Corpus Christi, Texas for custodial service for the
main police building in accordance with Bid Invitation No. BI-
0068-06 based on best value for an estimated annual expenditure
of $78,516 of which $13,086 is budgeted in FY05-06. The term
of the contract will be for twelve months with an option to extend
for up to two additional twelve-month periods subject to the
approval of the supplier and the City Manager or his designee.
Funds have been budgeted by the Police Department in FY2005-
2006 and requested for FY2006-2007. (Attachment #2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 23, 2006
Page 3
3. Motion approving a supply agreement with Secor, Houston,
Texas for approximately 143,000 feet of polyethylene pipe in
accordance with Bid Invitation No. BI-0122-06 based on only bid
for an estimated annual expenditure of $149,610 of which
$37,402.50 is budgeted for FY2005-2006. The term of the
contract will be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of
the supplier and the City Manager or his designee. (Attachment
#3)
4. Motion approving the lease of a motor grader with Waukesha-
Pearce Industries, Inc., Corpus Christi, Texas for the total amount
of$141 ,600, of which $11 ,800 is budgeted in FY2005-2006. The
award is in accordance with Bid Invitation No. BI-0135-06 and is
based on best value. The term of the lease is for twenty-four
months with an option to extend the lease for up to twelve
additional months subject to the approval of the City Manager or
his designee. The motor grader will be used by the Park and
Recreation Department. Funds have been budgeted by Parks
and Recreation in FY2005-2006 and requested for FY2006-2007.
(Attachment #4)
5. Ordinance authorizing the execution of a beach festival permit
and contract with Clear Channel Broadcasting, Inc. for "C
Sculptures, " on the Gulf Beach at Newport Pass County Park.
(Attachment #5)
6 Motion authorizing the City Manager or his designee to execute
a Testing Agreement with Kleinfelder, of Corpus Christi, Texas,
in the amount of $59,700 for geotechnical investigation for the
Southside Water Transmission Main Phase 6 Project.
(Attachment #6)
7.a. Ordinance appropriating $43,500 from the unappropriated fund
balance of the Maintenance Services Fund No. 5110 for the
Police Department Chilled Water Plant Upgrade - 2006;
amending the FY2005-2006 Annual Operating Budget adopted by
Ordinance No. 026385 by increasing appropriations by $43,500.
(Attachment #7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 23,2006
Page 4
., b Motion authorizing the City Manager or his designee to execute
an engineering services contract with Stridde Call ins &
Associates, of Corpus Christi, Texas in the amount of $43,500 for.
the Police Department Chilled Water Plant Upgrade - 2006.
(Attachment #7)
8. Ordinance appropriating $36,400 from the unappropriated fund
balance of the Maintenance Services Fund No. 5110 for the
Development Services Emergency Chiller Repairs - 2006;
amending the FY2005-2006 Annual Operating Budget adopted by
Ordinance No. 026385 by increasing appropriations by $36,400.
(Attachment #8)
9 a Ordinance repealing Ordinance 026277; adopted on May 24,
2005, and reappropriating $975,210.63 to the Sanitary Sewer
Trunk System Trust Fund No. 250410-4220 for the reconstruction
ofthe existing Master Plan Lift Station No. 1047 (Greenfields by
the Bay), located east of Rodd Field Road and south of
Wooldridge Road, with 12-foot diameter wet well and 3,850-
linear feet of 12-inch Force Main, easement acquisition and
related appurtenances for the Greenfields by the Bay Service
Area. (Attachment #9)
9.b. Motion approving the Sanitary Sewer Trunk Force Main and Lift
Station Construction and Reimbursement Agreement submitted
by AI Development, Inc., owner and developer of South Fork Unit
4 Subdivision for the reconstruction of the existing Master Plan
Lift Station No. 1047 (Greenfields by the Bay), located east of
Rodd Field Road and south of Wooldridge Road, with 12-foot
diameter wet well and 3,500-linear feet of 12-inch Force Main,
easement acquisition and related appurtenances. (Attachment
#9)
9.c Ordinance appropriating $975,210.63 from the Sanitary Sewer
Trunk System Trust Fund No. 250410-4220 to pay AI
Development, Inc. for the reconstruction of Master Plan Lift
Station No. 1047 (Greenfields by the Bay) with 12-foot diameter
wet well and 3,500-linear feet of 12-inch Force Main, easement
acquisition and related appurtenances for the Greenfields by the
Bay Service Area, located east of Rodd Field Road and south of
Wooldridge Road. (Attachment #9)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 23, 2006
Page 5
10 Ordinance authorizing the City Manager or his designee to
execute a Participation Agreement for the street improvements to
Elvis Drive with ONAC Developers, Inc., Developer of Graceland
subdivision, located south of Slough Road and east of Rodd Field
Road, of which the City's share of cost shall not exceed $54,039.
(Attachment #10)
11 Second 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. (First
Reading - 4/25106) (Attachment #11)
12 Second 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. (First Reading - 4/25106) (Attachment
#12)
I. PUBLIC HEARINGS:
13.a. Public hearing to consider amending the City's Comprehensive
Plan by amending the Master Sanitary Sewer Plan (Master
Sanitary Sewer Plan for the Southern Portion of Corpus Christi)
and rescinding the SPA 30 Sub Basin Sanitary Sewer Master
Plan, by approving and adopting the Wastewater Collection
System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA
30. (Attachment #13)
13.b. First Reading Ordinance - Amending the City's Comprehensive
Plan by amending the Master Sanitary Sewer Plan (Master
Sanitary Sewer Plan for the Southern Portion of Corpus Christi)
and rescinding the SPA 30 Sub Basin Sanitary Sewer Master
Plan, by approving and adopting the Wastewater Collection
System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA
30; and providing for an effective date. (Attachment #13)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 23, 2006
Page 6
14.a. Public hearing to consider amending the Platting Ordinance ofthe
City of Corpus Christi by adding the authority to delegate duties
under the Platting Ordinance and specifying authority for signing
plats by a professional engineer employed by the City.
(Attachment #14)
14.b. First Reading Ordinance - Amending the Platting Ordinance by
adding the authority to delegate duties under the Platting
Ordinance and specifying authority for signing plats by a
professional engineer employed by the City; providing a
severability clause; providing a repealer clause; and providing for
an effective date. (Attachment #14)
ZONING CASES:
15. Case No. 0406-09. Christus Spohn Health Systems: A change of
zoning from an "AB" Professional Office District and "A-1"
Apartment House District to a "B-1" Neighborhood Business
District. The property being Bayfront Terrace, Block 4, Lots 10-
13, located along Second Street and approximately 85 feet east
of Ayers Street. (Attachment #15)
Planning Commission and Staffs Recommendation: Denial of
the "B-1" Neighborhood Business District on Lots 10,11,12 and
13 and in lieu thereof, approval of a Special Permit for the parking
lot on Lots 10, 11, 12 and 13, and subject to a site plan and six
(6) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Christus
Spohn Health Systems by changing the zoning map in reference
to Bayfront Terrace, Block 4, Lots 10-13, (currently zoned "A-1"
Apartment House District and "AB" Professional Office District) by
granting a Special Permit for a parking lot on Lots 10, 11, 12 and
13, and subject to a revised site plan and six (6) conditions;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 23,2006
Page 7
J
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
16 Motion appointing City of Corpus Christi Board Member
Representatives to Corpus Christi Reinvestment Zone Number
Two Board of Directors. (Attachment #16)
17 Motion authorizing the City Manager or his designee to execute
a construction contract with Golf Course Builders International,
Inc., of Gainesville, Florida in the amount of $1,197,453 for the
Bond Issue 2004 Golf Course Improvements (Existing Courses)
project for Gabe Lozano Senior Golf Center. (BOND ISSUE
2004) (Attachment #17)
18 First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 53, Traffic, revising Section 53-
251, Schedule II by adding the category "Other Through Streets";
by adding Parr Street, from Comanche Street to Ahern Street,
Ahern Street, from Parr Street to Bluntzer Street, and Bluntzer
Street, from Ahern Street to Agnes Street; providing for penalties.
(Attachment #18)
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
19. Crime Control and Prevention District Quarterly Project Update
(Attachment #19)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 23, 2006
Page 8
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ingles-espanol en la reuni6n de la junta para ayudarle
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
SERA TE, 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; fallaw-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
20 CITY MANAGER'S REPORT
*
Upcoming Items
21 MAYOR'S UPDATE
22 COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regu'ar Council Meeting
May 23, 2006
Page 9
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at _ ;J: DO p.m., May 19, 2006.
a fVvVJJ1d (J ~~ U
Armando Chapa f1I\..i
City Secretary , '.J
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
May 16, 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 Don Tuttle of First Christian Church and the
Pledge of Allegiance to the United States flag was led by Council Member Noyola.
Mayor Garrett called for approval of the minutes of the Council Retreat of May 2, 2006,
the regular Council meeting of May 9, 2006, and the Council Landfill Bus Tour of May 9, 2006.
A motion was made, seconded, and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 10). City
Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on Item
10. There were no comments from the public. Mr. Kinnison requested that Item 10 be pulled
for individual consideration
A motion was made, seconded, and passed to approve Items 2 through 10, constituting
the consent agenda, except for Item 10, which was pulled for individual consideration. City
Secretary Chapa polled the Council for their votes as follows:
2 RESOLUTION NO.026774
Resolution authorizing and approving the City of Corpus Christi to serve as the lead
agency and fiscal agent for the "HOME 2008 Continuum of Care" grant application to the
U.S Department of Housing and Urban Development; and authorizing the City Manager
or his designee to execute all necessary documents related to submission of a grant
application to the U S. Department of Housing and Urban Development in the amount of
$1,147,926 for Continuum of Care Homeless Assistance.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 16 2006 - Page 2
:3 MOTION NO. 2006-142
Motion authorizing the City Manager or his designee to grant three permits to Sabco
Operating Company, of Houston, Texas, to drill oil or gas wells, approximately five (5)
and six (6) miles easterly of the marina area in Corpus Christi Bay being State Tract 55
Well No.5, State Tract 52 Well Nos. 8 and 9
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
4 ORDINANCE NO. 026775
Ordinance appropriating additional revenue in the amount of $160,468 from the Vital
Statistics Program in the No. 1020 General Fund for Corpus Christi - Nueces County
Public Health District Infrastructure needs including staff, parking, security and record
storage.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott. voting "Aye"
5 ORDINANCE NO. 026776
Ordinance authorizing the City Manager or his designee to execute a five-year lease and
use agreement with International Westside Baseball League for baseball programs at
Greenwood/Horne Youth Sports Complex.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott, voting "Aye"
6 ORDINANCE NO. 026777
Ordinance authorizing the City Manager or his designee to execute a five-year lease and
use agreement with Westside Pony Baseball League for baseball programs at
Greenwood/Horne Youth Sports Complex.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola and Scott, voting "Aye"
7 ORDINANCE NO. 026778
Ordinance authorizing the City Manager or his designee to execute a five-year lease and
use agreement with Sparkling City Girls Fastpitch for baseball programs at the
Greenwood/Horne Youth Sports Complex.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Minutes - Regular Council Meeting
May 16, 2006 - Page 3
8.a. MOTION NO. 2006-143
Motion authorizing the City Manager or his designee to execute Change Order No. 6 for
the excavation and transport of overfill from J. C. Elliott Landfill Sector 9 to Sector 11 in
the amount of $547,500 with Longhorn Excavation, Inc., of Richmond, Texas for the
Cefe F. Valenzuela Landfill Site Development Project.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. MOTION NO. 2006-144
Motion authorizing the City Manager or his designee to execute a work order with BFI
Waste Services of North America, Inc., of Scottsdale, Arizona in the amount of $848,400
for the spread, compaction and cover of overfill from Sector 9 delivered to Sector 11 of J.
C Elliott Landfill in accordance with the terms of the Landfill Services Agreement.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
9.a. ORDINANCE NO. 026779
Ordinance appropriating $309,038 from the Reserve for Choke Canyon Maintenance in
the No. 4050 Choke Canyon Fund, transferring to and appropriating into the No. 4080
Water Capital Improvement Fund for maintenance of the Choke Canyon Dam, as
required by the Bureau of Reclamation; amending the FY 2005-06 Operating Budget
adopted by Ordinance No. 026385 by increasing appropriating by $309,038; and
amending Ordinance No. 026188, as previously amended, which approved the FY2004-
05 Capital Budget, by increasing the amount approved by $309,038.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
9.b. MOTION NO. 2006-145
Motion authorizing the City Manager or his designee to execute a construction contract
with Holloman Corp., of Converse, Texas in the amount of $309,038 for the Choke
Canyon Dam Spillway and Outlet Works Concrete Repair - Rebid.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened diSCUSSion on Item 10 regarding the North Padre Island (Packery
Channel) Project. Mr. Kinnison asked for more information the cost overruns related to this
project, and if the overruns were due to weather delays. Special Assistant to the City Manager
Tom Utter replied that the Corps of Engineers needed more stone, particularly filler stone, than
was originally estimated, which led to the cost overruns. In addition, he said three hurricane
tides (Hurricanes Emily, Rita, and Katrina) hit the project last year and caused limited damage.
Consequently, he said the Corps of Engineers did some limited redesign to address the
damage. and as such the south Side of the project was now relatively impervious to high-tide
damage Mr Utter stated that the cost for the redesign was within the original bond
Minutes - Regular Council Meeting
May 16 2006 - Page 4
authorization amount Mr Noe added that the city's share of any costs, including the damages,
was 35 percent He said a $2.9 million bond issuance was now in progress, the last
authorization under the original agreements, and would be more than sufficient to cover the
costs and place funds in a maintenance reserve. In response to Mr. Kinnison's question, Mr.
Noe stated that the Council had already adopted a reimbursement resolution to reimburse the
city's costs once they were available
In response to Mr. Scott's question, Mr. Utter stated that the anticipated project
completion date was at the end of August. He said staff would begin selecting a date for the
grand opening within the next 30 days, coordinating with the office of Senator Hutchison and the
state representatives. Mr Utter added that the south side jetty should be completed within the
next week or two. City Secretary Chapa polled the Council for their votes as follows:
10.a. ORDINANCE NO. 026780
Ordinance appropriating $1,043,867 from the unappropriated interest earnings from
Water 1999 Capital Improvement Program Fund 4083; authorizing the transfer and
appropriation of $1,043,867 from the Water 1999 Capital Improvement Program Fund
4083 into the Packery Channel Capital Improvement Program Fund 3277 for the local
cost share of the North Padre Island Project (Packery Channel); amending FY04-05
Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by
$2087.734
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and
Scott, voting "Aye" Kelly abstained.
10.b. MOTION NO. 2006-146
Motion authorizing the City Manager or his designee to make payment to the U.S. Corps
of Engineers in the amount of $1,043,867 for the North Padre Island Project (Packery
Channel)
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper Garcia. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly
abstained
~ ~ * * * * * * * * * * *
Mayor Garrett referred to Item 11, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0406-02, Wind Vane of Aransas, Inc.: A change of zoning from a "B-4"f'SP"
General Business District with Special Permit to an "1-3" Heavy Industrial District. The
property being Ebony Acres, Lot 17, located along Leopard Street, 100 feet west of
Lantana Street and 525 feet west of North Padre Island Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended the
denial of the "1-3" Heavy Industrial District and approval of a revised "SP" Special Permit to add
a vehicie impound yard, subject to four (4) conditions.
Minutes - Regular Council Meeting
May 16. 2006 - Page 5
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council
for their votes as follows:
11. ORDINANCE NO. 026781
Amending the Zoning Ordinance, upon application by Wind Vane of Aransas, Inc., by
changing the zoning map in reference to Ebony Acres, Lot 17, (currently zoned "B-
4"/SP" General Business District with a Special Permit) by amending the existing Special
Permit for a paint and body shop to also include a vehicle impound yard, subject to four
(4) conditions; amending the Comprehensive Plan to account for any deviations from the
eXisting Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 12, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0406-05, GeorQe D. Shaffer: A change of zoning from a "R-1B" One-family
Dwelling District to an "A-B" Professional Office District. The property being Martine Lot
1, Block 3, located on Violet Road and 185 feet south of Windsor Street.
City Secretary Chapa stated that the Planning Commission and staff recommended
denial of the "AB" Professional Office District and in lieu thereof, approval of the "R-2" Multiple
Dwelling District.
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the
Council for their votes as follows:
12. ORDINANCE NO. 026782
Amending the Zonmg Ordinance, upon application by George D. Shaffer, by changing
the zoning map in reference to Martine Lot 1, Block 3, from "R-1 B" One-family Dwelling
District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Mayor Garrett referred to Item 13, the Chili Pepper Properties Inc. zoning case (Case
No. 0206-02). Mr. Chapa announced that the developer had withdrawn the item.
Minutes - Regular Council Meeting
May 16 2006 - Page 6
13. WITHDRAWN
Amending the Zoning Ordin~lnce, upon 3pplic3tion by Chili Pepper Properties, Inc., by
ch3nging the zoning m3p in reference to 11.4 3cres out of 'Nest's L3gun3 Madre Pl3ce,
Tr3ct A, Lots 1 5, Tract S, Lots 1 3nd 4 8, Tr3ct C, Lots 1 6 3nd 8 11, Tr3ct 15 (Repl3t),
Lagun3 M3dre Acres Tr3cts 13 3nd 14, Volume 1363, Page 4'19, from "R 1 B" One f3mily
Dwelling District to "A 2" Apartment House District; 3mending the Comprehensive PI3n
to 3ccount for 3ny deviations from the existing Comprehensi'.'e Pl3n.
* ~ * * * * * * * * * * *
Mayor Garrett opened discussion on Item 14, a motion approving service agreements for
temporary staffing services. Procurement and General Services Manager Mike Barrera
explained that the city used temporary employees on an as needed basis depending on
workload and workforce conditions. He said in FY 2004-05, city departments reported
approximately 276,951 man-hours across 65 different job classifications to the Purchasing
department, totaling $3,480,946.17 He stated that temporary services were currently procured
at the department level through 15 separate agencies.
Mr Barrera explained that as part of a strategic sourcing initiative, staff identified
temporary staffing services as an opportunity for consolidation and savings. He said the goals
were to reduce the number of service providers to a manageable level, minimize the city's risk
associated with the service, and to reduce costs by ten percent.
Mr Barrera reported that the city issued a Request for Proposal that grouped the 65
different job classifications into three categories: (1) administrative support & clerical; (2)
general services & support occupations; and (3) technical & professional services. He said the
city issued proposals to 29 local temporary service agencies, and received and evaluated eight
responsive proposals. The proposals were evaluated across cost, technical solution, company
profile, and exceptions; proposals were also analyzed in a bundled and unbundled approach.
Upon review, Mr Barrera stated that the evaluation team determined that unbundled awards to
two primary service providers per group and a single backup provider per group presented the
optimal solution
Mr Barrera reViewed the proposed centralized contracts for temporary staffing services
as follows
(1) Administrative support & clerical ($310,739.07 - 16 positions): Unique Employment
Services- PRIMARY, Advance'd Temporaries - PRIMARY. Absolute Staffing, L.P. -
SECONDARY
(2) General services & support occupations ($2,420,679.41 - 34 positions): Unique
Employment Services - PRIMARY, Absolute Staffing, L.P. - PRIMARY; and Advance'd
Temporaries - SECONDARY
3) Technical & Professional Occupations ($115,017.93 - 15 positions): Unique
Employment Services - PRIMARY; Absolute Staffing, L.P. - PRIMARY; and Advance'd
Temporaries - SECONDARY
Mr Barrera discussed the benefits of the centralized contracts as follows: "one rate" for
each temporary position; across-the-board drug testing; insurance coverage; indemnification;
workers' compensation coverage; and an 18 percent reduction in costs. He explained that in FY
2004-05, the city spent $3,480,946.17 on temporary staffing services, while the total pricing
secured through the RFP was $2,846,436.41. Thus, the consolidation allowed for the annual
Minutes - Regular Council Meeting
May 16, 2006 - Page 7
savings of $634,509.76, or 18 percent. In conclusion, Mr. Barrera said staff recommended that
the Council approve the awards as presented.
Mr Noyola asked for more information on the type of insurance benefits. Mr. Barrera
replied that the city was asking the companies to carry general liability, auto liability, and
workers' compensation on its employees at their expense. The companies would need to
submit certificates of insurance before they could provide services. Mr. Noyola asked if the
temporary jobs adversely affected any permanent positions. Mr. Noe replied negatively, saying
the city used temporary employees routinely to maintain minimum staffing levels.
Mr Garcia asked if the city would verify that the temporary staffing companies were
selecting Viable insurance companies. Mr. Barrera replied that the RFP stipulated that the
temporary staffing companies had to choose insurance companies authorized to do business
with the State of Texas and rated "An or better.
In response to Mr. Noyola's question, Mr. Barrera replied that the companies would have
approximately 30 days to obtain insurance coverage and submit their certificates to the city.
Meanwhile. he said staff would train departments regarding the service providers.
Mr. Marez asked if temporary employees had an advantage when applying for
permanent openings since they were already performing the job duties. Mr. Barrera replied that
temporary employees often applied for job openings, and it could be advantageous to them if
they had experience performing the jobs. However, he said the Human Resources department
was still required to advertise for the positions. He said departments could benefit from training
temporary employees as a way to gauge their potential as permanent employees. City
Secretary Chapa polled the Council for their votes as follows:
14. MOTION NO. 2006-147
Motion approving service agreements with the following companies for the following
amounts for temporary staffing services in accordance with Request for Proposal
Number BI-0010-06 for an estimated annual expenditure of $2,846,436.41 of which
$593,00759 is budgeted for the remainder of FY 2005-2006. The term of the service
agreements will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the suppliers and the City Manager or
his designee. This service will be used by all City departments. Funds are available in
the using department's operational budges in FY 2005-2006 and will be requested for
FY 2006-2007
Unique Employment Services
Corpus Christi. TX
$1 316,243.71
Absolute Staffing, LP
Corpus Christi. TX
$1,009,122.03
Advance'd Temporaries, Inc.
Corpus Christi. TX
$521,070.67
Grand Total: $2,846,436.41
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was
absent.
. * * * * * * * * * * * *
Minutes - Regular Council Meeting
May 16. 2006 - Page 8
Mayor Garrett referred to Item 15, a presentation regarding the Tennis Success, Inc.
program Mr Matthew Stevens, a Tennis Success Inc. board member, stated that Mr. Ronald
Elizondo, an award-winning professional tennis player, founded the program in 2000 to provide
free tennis lessons to underprivileged youth. The program enrollment has grown from 24
children to 1,100 area youth trained year-round. In addition to tennis instruction, Mr. Stevens
said the program provided homework assistance to the children. He said the program had been
a success. Mr, Elizondo stated that, like most non-profit agencies, Tennis Success Inc. was
underfunded and overworked. Therefore, he said they were requesting that the city consider
waiving Tennis Success' court fees for the H-E-B and AI Kruse Tennis Centers. In response to
Mayor Garrett's question, he said the agency worked around the children's school schedule, so
they were requesting free usage between 4:00 p.m. and 8:00 p.m. during the week.
Mayor Garrett asked if staff felt Tennis Success' request was feasible. Parks and
Recreation Superintendent Ronnie Sepulveda stated that staff felt this was a good organization,
and he said they were not requesting use of the tennis courts during peak times. Currently, he
said the agency paid $500 a month in tennis court usage fees. He said staff could work with the
organization and then return with an agreement for the Council's consideration.
Mayor Garrett. Mr. Noyola, and Mr. Marez spoke in support of assisting the Tennis
Success Inc program. They complimented Mr. Ron Elizondo and his agency for helping
underprivileged children In the community. Mr. Marez thanked Mr. Elizondo for exposing
underprivileged kids to a sport that they would not have had the opportunity to learn otherwise.
~ * * * * * * * * * * * *
Mayor Garrett read the following statement regarding the Notice of Intent to Issue
Certificates of Obligation for the city's landfills:
'Notice of Intent to issue Certificates of Obligation for improvements to the city's landfill
facilities was duly published in the Corpus Christi Caller-Times as required by law. Due to a
clerical error, the sale of these Certificates of Obligation was not posted on the agenda of the
City Council meeting scheduled for May 16, 2006, the date shown in the notice.
The Certificate of Obligation sale will be held at a Special Meeting of the City Council on
May 18.2006 at 2:00 p.m in the City Council Chambers."
. * * * * * * * * * * *
Mayor Garrett called for the City Manager's Report. City Manager Noe reported asked
Special Assistant to the City Manager Tom Utter to report on the results of the third special
legislative session. Mr. Utter reported that the Governor called the session primarily to deal with
school financing, but bills were also filed related to revenue caps and appraisal caps that
ultimately failed.
Mr Utter reported on the bills that were passed in the special session. He said a school
reform bill was passed that would use $2.4 billion of the budget surplus. The bill benefited
schools by reducing their property taxes, and teachers would receive a $2,000 raise across the
board. In addition. each school district would receive approximately $275 for every additional
high school student
Regarding new taxes, Mr. Utter reported that a new business tax and a new retail tax
would be levied The business tax was comprised of one percent of gross revenues, while
Minutes - Regular Council Meeting
May 16, 2006 - Page 9
retailers would pay 0.5 percent of retail sales, generating $3.4 billion in total revenues. In
addition, he said a used vehicle tax would be levied requiring that the seller set the vehicle's
sale price at 80 percent of the Blue Book value. Finally, he said the cigarette tax would increase
by $1.
Mr Utter reported that the State legislature authorized a change in management for the
Texas A&M University- Kingsville School of Pharmacy to the Texas A&M system. Additionally,
he said $1.8 billion in tuition revenue bonds were approved, $45 million of which were allocated
to Texas A&M University-Corpus Christi for a new nursing and kinesiology building. He
recognized Senator Hinojosa and Representative Luna for their efforts to make this happen.
Mr Utter stated that the Governor's Office staff proposed an initiative authorizing the
Governor to call for mandatory evacuations and to override any local decisions, whether made
by the Commissioners Court or the City Council. He said Mayor Garrett sent a letter to the
Governor and the city's legislative delegation opposing the override power, joined by many
other local and county governments. Consequently, the bill died in the legislature so cities and
counties retained local control.
In summary. Mr. Utter said the city did well in this legislative session, thanks to the
efforts of the area's legislative delegation. He acknowledged that cities and counties, through
TML, the Texas Association of Counties, and the Urban County Coalition, also worked well
together this session. He noted that the upcoming legislative session beginning in January
would be difficult this year because negative bills would probably resurface. To this end, he
said staff would be informing the Council about TML's positions on the issues as they were
formulated in late summer. In September, he said the city also planned to invite legislative
delegation staff to a briefing by local groups. Mayor Garrett thanked Representative Vilma Luna
for advocating for the city's interests
City Manager Noe reported that the NIP Site #15 (bounded by Baldwin, Crosstown
Expressway, Morgan, South Staples, and Ayers Streets) Kick-off meeting would be held tonight
at 6:00 p.m., T.G. Allen Elementary School.
Mr Noe announced that National Hurricane Preparedness Week would be held next
week. The city would be kicking off its hurricane preparedness initiatives, including a bilingual,
one-page utility bill Insert to be mailed in June. In addition, staff planned making speaking
engagements to community groups and at senior centers, presenting material on special needs
evacuations. The city had also produced a number of public service announcements and
Channel 20 public programming. A kick-off news conference would be held next Monday, May
22 at 1 :30 p.m. in the Council Chambers, hosted by staff, TOPS, and TxDOT.
Mr Noe announced that on Sunday, May 21 at 7:00 p.m., the city and Flour Bluff
Independent School District were celebrating the fifth anniversary of their successful
collaboration to build the Janet Harte Library.
Mayor Garrett stated that during the last hurricane season, the city tested its hurricane
response plan and found several areas for improvement. He asked if the city had addressed
these areas, especially related to evacuations for persons with special needs. Mr. Noe replied
afftrmatively, saying during the last exercise held in May, the evaluation team was pleased with
the city's plan for assisted evacuation of transit-dependent and special needs populations.
Mayor Garrett said the city should inform the citizens that they had addressed the areas of
weakness He also said that he felt confident that the city had one of the best hurricane
response plans in the State. Mr. Noe added that the city had posted information on emergency
Minutes - Regular Council Meeting
May 16 2006 - Page 10
services on their website Mayor Garrett stated that the city had taped a program in which
Acting Fire Chief Richard Hooks was explaining the city's hurricane evacuation plan, and would
air it soon
* .~ * * * * * * * * * * *
Mayor Garrett called for public comment. Mr. Daniel B. Allen, 823 S. Water Street #5F,
asked for the status of a public meeting regarding bayfront development issues. Ms. Cooper
replied that she had discussed the matter with the city manager, and the public meeting would
not be held until their final proposal was brought forward. City Manager Noe answered
affirmatively, saying that staff was considering a date in early June. He emphasized that the
public meeting would be held before the Council voted on the proposal at a Council meeting.
Mr. Allen then spoke against the Boardwalk on the Bay project.
Mr Joe Hansler, 1515 Caribbean, asked for the Council's help in expediting a police
mvestigation into a criminal trespass report on his property, a wooded lot near the intersection of
IH-37 and Sessions Road Mayor Garrett asked Acting Police Chief K. A. Bung to speak with
Mr. Hansler about the matter
Mr Gabe Lozano Jr., 4602 Mokry Drive, spoke in favor of transferring city employee
Scotty Davison back to the Oso Golf Course. Mayor Garrett stated that this was the third time
that Mr Lozano had come before the Council regarding this issue, despite being informed that
only the City Manager could make personnel decisions. City Manager Noe said he had spoken
with Mr. Lozano regarding the matter, but Mr. Lozano did not agree with his position. Mayor
Garrett informed Mr Lozano that he was free to speak regarding the issue during the public
comment period, but it would not change the outcome.
* I ~ * * * * * * * * * *
Mayor Garrett called for Council reports. Mr. Noyola asked about the city's return to
work policy. He asked if an employee who had taken an extended leave from work and was
released by his doctor was also required to see a city doctor for an additional release. Assistant
City Manager Martinez and City Manager Noe stated that they check into it and report to him
later
Mr Noyola asked if city policy required that if an employee parked a city vehicle and
then returned to find that the vehicle was hit by another car, was the employee still subject to a
mandatory drug test Mr. Martinez replied that he would check into and report to him later. Mr.
Nee replied that he understood that any accident triggered a mandatory drug test, whether the
driver was in the vehicle or not He said staff would report to Mr. Noyola later.
Mr Garcia stated that the Issue of jointly buying fuel in bulk with the RT A was raised at
the last RTA Fare Review Board meeting. Mr. Garcia asked how the city would keep track of
how much fuel each entity was using. Mr. Noe replied that the city had not entered into an
agreement with the RT A to jointly purchase fuel yet; staff was looking into it but had not
Implemented it yet.
Mr Garcia asked Mr. Utter for more information on the new business tax on gross
receipts that he had mentioned in his legislative report. Mr. Utter stated that the new tax was
one percent of a company's gross receipts, with reductions for either the cost of goods or
employee benefits. Mr Garcia asked if the tax would be taken on the adjusted gross. Mr. Utter
answered affirmatively
Minutes - Regular Council Meeting
May 16, 2006 - Page 11
In response to Mr. Garcia's question, Mr. Utter replied that the State legislature
authorized a maximum of $45 million to Texas A&M University- Corpus Christi. Mr. Utter said
that President Killebrew stated that students should not see an increase in tuition rates because
of the bond issues
Mr Kinnison also asked about the new business tax. He asked if the legislature had
exempted small businesses, defined as under $300,000 in gross receipts, from the tax. Mr.
Utter replied that he was unsure about small businesses, and he would provide most of the
Information
Mr Scott asked about the reduction in the tax rate bill. Mr. Utter replied that the
reduction would go into effect in January 2007 The reduction would occur over a two-year
period
Mr Chesney asked about the trunk line sewer system reimbursement fund, which staff
had recommended suspending until the city developed a new program. He asked if a new
program had been developed yet. City Manager Noe replied that staff was still working on a
new program. He said rumor had it that the city was planning to submit a single project to
Include in the reimbursement program. Mr. Noe said he was unaware of any such project, and
he said any developers who were currently on the reimbursement list would remain on the list
until further notice.
Mr Chesney asked when the new program would be introduced. Mr. Noe replied that
the storm drainage program would probably be introduced as part of the Storm Drainage Master
Plan. He said the wastewater trunk system would probably be introduced by the end of the
summer Mr. Garcia said it would be a good idea to include other interests in developing the
plan besides city staff. Mr. Chesney stated that it was important to introduce a program quickly
because he felt it was hampering development.
Mr Chesney asked for an update on the development services issues, including
personnel changes. Mr. Noe stated staff could provide monthly, written updates. He said staff's
goal was to maintain the schedule they had presented earlier because it was critical to the
success of the department. Mr. Chesney stated that he did not want to see the search for a
new Development Services director hold the city back on the goal implementation. He preferred
to see the director search and the goal implementation take place simultaneously.
Ms Cooper announced that the next town hall meeting would take place on June 12 at
the Northwest Senior Center, hosted by Councilman Bill Kelly. She also announced that a
public meeting on bayfront development issues that had been planned for June 5 would be
postponed until the city had received an actual development plan. She said the public meeting
would be announced and held in the Council Chambers before the Council took a vote on the
issue. Thus, she said anyone who had attended the Cliff House condominium meeting should
take note of the postponed meeting. She thanked Assistant City Manager Martinez and Director
of Economic Development Irma Caballero for making the Cliff House presentation.
Ms Cooper announced that she would be absent from next week's Council meeting
because she was traveling to China for the U.S. China Exchange Association. She said the
association was assuming the cost of her travel. She would be joining 10 other public officials
to discuss trade between the countries in four Chinese cities.
Minutes - Regular Council Meeting
May 16 2006 - Page 12
Mr Marez spoke regarding a letter from Ms. Herrera on Seventh Street, who was
concerned about the code enforcement regulations on neglected property (e.g. cars and trash
on the front yard). Mr. Noe replied he had referred the matter to code enforcement to determine
the extent of the violations
Mr Marez spoke regarding two parks In his district, Sam Houston and Lindale Parks.
He said bollards had been removed at Sam Houston Park, and the concrete along the
sidewalks was in poor condition. He asked for a status report, saying he had brought it to Mr.
Noe's attention SIX or nine months ago. He noted that the area was not marked off, so the holes
from the bollards were deep and could cause injury. Regarding Lindale Park, he said the park
equipment needed to be updated. and asked staff to look into it future improvements.
Mayor Garrett thanked City Manager Noe and Solid Waste Director Jeff Kaplan for
arranging the Council's landfill tour last week.
Mayor Garrett stated that he would make proclamations and presentations at 11:45 a.m.,
as stated on the agenda.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 11: 15 a.m. on May 16, 2006.
~ * * * ~ * * * * * * * *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
May 18, 2006 - 2:00 p.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez *
Council Members:
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
ABSENT
Brent Chesney
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
Mayor Garrett opened discussion on Item C regarding the issuance of up to $20,000,000
in Combination Tax and Revenue Certificates of Obligation for the landfill projects. Director of
Financial Services Cindy O'Brien introduced the financing team as follows: Mr. Jeff Leuschel, bond
counsel: Mr Jim Gilley with Coastal Securities; and Mr. Mark Seale with M.E. Allison, underwriter.
(*Mr. Marez arrived at 2:01 p.m)
Mr Seale reported on the bond sale and pricing. He thanked the Council for holding today's
special meeting. He said the financing team priced the bonds on Monday, before the CPI was
released on Wednesday. When the CPI was released, it was higher than expected, so the bond
market fell off a point and a half. Thus, since the Council agreed to the special meeting today, the
team was able to save Corpus Christi citizens several hundred thousands of dollars by pricing on
Monday
Mr. Seale referred to a pricing results report that he had distributed. The bond ratings were
as follows: Moody's - A 1; S & P - A+; and Fitch - AA-. The lowest insurance bid on the bonds was
from XL Capital Assurance Inc.. so the bonds were sold at a AAA rating from all three rating
agencies. The par amount was $18,605,000, and $18,000,000 of this amount was deposited into
the project fund. The final maturity on the bonds was on March 1,2036, run at a level debt service
schedule. The net interest costs were at 4.797 percent. He said the rest of the information in
packet provided the maturity schedule, market information, and rationale letters from the rating
agencies. He said the rating agencies were comfortable with the city's finances, pointing to the
strength of the management.
Mr. Scott asked Mr. Noe to comment on the report. Mr. Noe replied the city's ratings had
remained stable for some period of time. The report noted the city's changes in fund balance and
the improvements in the general operating budget. He said the only difference in this bond sale was
that the city had requested 30-year bonds rather than 20-year bonds because the life of the landfill
was projected at 50 to 100 years. Mr Scott asked Mr Noe to publicize any other positive or
interesting results from the pricing report to the media because they spoke well of the city's finances.
(*Mr. Kinnison arnved at 2:05 p.m.)
Minutes - Special Council Meeting
May 18. 2006 - Page 2
Mr Seale stated that coastal communities were being scrutinized by insurance and rating
agencies because of HUrricane Katrina He was pleased, therefore, that all the rating agencies
offered the same ratings with a stable outlook. The insurance agency, XL Capital Assurance, also
offered an extremely attractive bid of 18.8 basis points, but many other companies offered much
higher bids because of their experience with coastal communities and Hurricane Katrina. Mr. Seale
said staff had discussed making a presentation to the insurance companies to assuage their
concerns about Corpus Christi. Mr. Scott spoke in support of making a presentation, saying people
needed to know that doing business in Corpus Christi was still profitable. City Secretary Chapa
polled the Council for their votes as follows:
/""
v
ORDINANCE NO. 026783
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance
of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of
Obligation, Series 2006, in an amount not in excess of $20,000,000, and ordaining other
matters related to the subject.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
Mayor Garrett called for public comment. There were no comments from the audience.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:07 p.m. on May 18, 2006,
* .~ * * * * * * * * * * ~
.......
2
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a service agreement with OneSource Facility Services, Inc.,
Corpus Christ~ Texas for custodial service for the main police building in accordance with Bid Invitation
No. BI-0068-06 based on best value for an estimated annual expenditure of $78,516.00 of which
$13,086.00 is budgeted in FY 05-06. The term of the contract will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the Police Department in FY 05-06 and requested
for FY 06-0'7
*************************************************************************************
BACKGROUND:
Purpose:
The custodial service will be performed at the police main building located
at 321 Sartain St.
Bid Invitations Issued:
Twenty-two
Bids Received:
Three
A ward Basis
Best Value
The evaluation team, comprised of team members from the Police
Department and Purchasing, developed a matrix of the evaluation criteria.
The evaluation criteria components set forth in the proposal included: (1)
Resources 25%, (2) Past Performance 25%, (3) References 10%, (4)
Bidders Profile and Qualifications 10%, and (5) Cost 30%. The evaluation
team reviewed each bid proposal response and completed the evaluation
matrix. The resulting matrix prioritized each vendor based on the point
value assigned for each criterion component in the evaluation matrix.
Vendor rankings based on this scoring method are shown in the attached
evaluation matrix.
As a result of the evaluation, the team has selected OneSource Facility
Services, Inc.. as the best valued supplier for this service.
A bid received from Omega Janitorial Services, L TD, Corpus Christi,
Texas, has been deemed as non-responsive for taking exception to the
mandatory insurance requirements.
Funding:
Police Department
530210-11870-1020
$13,086.00
I Barrera,
ent and General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MARIA GARZA
DATE: 3/8/06
SUMMARY EVALUATION MATRIX
BID INVITATION NO. BI-0068-06
CUSTODIAL SERVICE FOR MAIN POLICE DEPARTMENT
OneSource Member's Building Maint.
Corpus Christi, TX Corpus Christi, TX
Maximum Points Points
Evaluation Criteria Points Awarded Awarded
Resources 25 poi nts 26 245
---- .--..-- -.--- -- ~_.- ----.
Past Peformance 25 poi nts ..,.. 19.5
11.._....'
.---.. _. -'-- ------ -- -----..-.- -.. ---.
References 10 points 10 10
~-'--'----"-'-' ..-- -----.- -"- .__._-
Bidders Profile & 10 points 10 10
Qualtfications
'-'-'-.- .-..-..- ------ - --- .~
Pricing 30 points 30 28.23
"<~--~ ---- --
Score 100 92.23
Annual Cost $78,516.00 $83,440.68
NOTE: A bid received from Omega Janitorial Services, L TO, Corpus Christi, Texas, has
been deemed as non-responsive for taking exception to the mandatory insurance
requirements
3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Secor, Houston, Texas, for
approximately 143,000 feet of polyethylene pipe in accordance with Bid Invitation No. BI-0122-06
based on only bid for an estimated annual expenditure of $149,610.00 of which $37,402.50 is
budgeted for FY05/06. The term of the contract will be for twelve months with an option to extend
for up to two additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee
******************************************************************************
BACKGROUND:
Purpose
The polyethylene pipe is used by the Gas Department for the
construction of new gas lines and the maintenance of existing lines.
PrevIOUS Contract:
The previous contract was terminated due to the vendor's inability to
sell the City pipe at the agreed upon prices.
Bid inVItations Issued:
Sixteen
Bids Received:
Three
Price Analysis:
When compared to the previous contract, pncmg has increased
approximately 32%. According to the vendor, the price increase is
partially due to a rising market for resin products.
Award Basis:
Only Bid
The City received two conditional bids from Gajeske, Inc., San
Antonio, Texas and EGW Utilities, Inc., Carrollton, Texas. Both bids
have been deemed as non-responsive for failure to submit firm fixed
pricing tor a twelve month period.
Funding
Gas Department
520160-4130-34130 (FY 05-06)
$37,402.50
\' / ",.. ',.~
I ! p'
~ . I I
~l\ 1Y . ~/u
Michael Barrera, " -
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER GABRIEL MALDONADO
BID TABULATION BI-0122-06
Polyethylene Pipe and Fittings
DATE: 3/22/06
Award Total:
SECOR
HOUSTON, TX
Unit I Extended
Qty. Price Price
1/.000 $0.1500 $ 2,550.00
50,000 0.27 13,500.00
50,000 Ci.72 36,000.00
2.000 247 4,940.00
15,000 247 37,050.00
'1.000 5.35 26,750.00
,} .000 5350 10,700.00
2.000 9.06 18,120.00
$149.610.00
Item
1 0 Pipe
Descnption
1 1 i2" polyethylene pipe i 1000' COils)
12 " polyethylene pipe ( 500' coils)
1 3 polyethylene pipe ( 500' coils)
1 4 ,I" polyethylene pipe ( 40' joints)
15 ,j' polyethylene pipe ( ~,OO' coils)
16 h' polyethylene Pipe ( 450' CoilS
17 C' polyethylene pipe ( 40' joints !
18 H" polyethylene pipe ( 40' joints)
The City received two conditional bids from Gajeske. Inc. San Antonio, Texas and EGW Utilities, Inc.,
Carrollton, Texas. Both bid have been deemed as non-responsive for failure to submit firm fixed pricing
for a twelve month period
4
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the lease of a motor grader with Waukesha-Pearce
lndustries, Inc., Corpus Christ~ Texas for the total amount of$141,600, of which $11,800 is budgeted in
FY05-06. The award is In accordance with Bid Invitation No. BI-0135-06 and is based on best value.
I'he term of the lease is for twenty-four months with an option to extend the lease for up to twelve
additional months subject to the approval of the City Manager or his designee. The motor grader will be
LlSed by the Park & Recreation Department. Funds have been budgeted by Park and Recreation in FY05-
06 and requested for FY06-0-:
.........................................................................................
Background
Purpose.
'lumber of bids Issued
'l umber of bids received
.-\ ward Basis:
Funding:
The motor grader will be used by the beach operations division of the Park
& Recreation Department for maintaining the beach and beach roadways.
fhe deCision to lease the motor grader in lieu of purchasing the equipment was
made due to the harsh conditions present at the beach. The lease provides for a full
maintenance contract that will keep the unit operational throughout the term of the
lease. At the end of the two year lease, the City will either exercise its option to
extend the lease or establish a new lease for replacement equipment.
Fifteen
fwo
Best Value
The evaluation team, comprised of team members from Park and Recreation and
Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria
.;omponents set forth in the proposal included: (1) Rental Agreement 25%, (2) Full
Maintenance Agreement 25%, (3) Age of Unit and Hours of Use 10%, (4) Bidders
Profile and Qualifications 10%, and (5) Cost 30%. The evaluation team reviewed
each RFP Proposal response and completed the evaluation matrix. The resulting
matrix prioritized each vendor based on the point value assigned for each criterion
component in the evaluation matrix. Vendor rankings based on this scoring
method are shown in the attached evaluation matrix.
As a result of the evaluation, the team has selected Waukesha-Pearce Industries,
Inc., as the best valued supplier for this opportunity.
-\ bid received from H & V Equipment, Corpus Christi, Texas has been deemed as
non-responsive for failure to meet the minimum horsepower requirements of the
motor grader
Park & Recreation
530180-1020-12940
FY05-06
$11,800
. , -~, Annual funding will be requested during each of the following budget years. The
i ..\ (L\J \mgoing contract is contingent upon all future budget appropriations.
I \J ~
. ~ ./"
-L
Mic arrera!
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
LEASE OF MOTOR GRADER
Waukesha-Pearce
Corpus Christi, Tx
Maximum Points
Evaluation Cntena POints Awarded
Rental Agreement 25 points 25
Full Maintenance 25 points 25
Agreement
Age of unit & Hours 10 points 10
of use
Bidder's Profile & 10 pOints 10
Qualifications
Pricing 30 pOints 22.6
SCORE 92.6
Annual Cost $70,800
Two Year Total 141 ,600
.l\ bid received from H & V Equipment. Corpus Christi, Texas has been deemed as
"lon-responsive for failure to meet the minimum horsepower requirements of the motor grader.
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date; May 23,2006
AGENDA ITEM: Ordinance authorizing the execution of a beach festival permit and
contract with Clear Channel Broadcasting, Inc. for "C Sculptures," on the Gulf Beach at
Newport Pass County Park; providing for severance; and dedaring an emergency.
ISSUE: Any beach festival that is held in the City of Corpus Christi must comply with City
Code of Ordinances, Chapter 10, Article XI, Beach Festivals.
C-Sculptures is an outdoor event that includes a sand sculpting competition, contests and
musical performances to be held at Newport Pass County Park, Nueces County Property,
within the City's limits, on June 10, 2006, from 8 a.m. to 5 p.m. Estimated attendance is
10,000 each hour and about 100,000 per day. The event has a long history: 29 years. It is
a one-day event and the group also has a contract with Nueces County to use Newport
Pass for the event. This festival now falls under the City of Corpus Christi's Code of
Ordinances, Chapter 10, Article XI, Beach Festivals. Due to the City's annexation of Padre
Island, this event now occurs inside the Corpus Christi City limits.
The Beach Festivals ordinance requires a Public Hearing for each requested permit. The
Public hearing was held on March 23, 2006, and no one expressed any concerns or
opposition to the event.
The attached ordinance authorizes the City Manager to issue a beach permit upon
compliance with Code of Ordinances, Chapter 10, Article XI, Beach Festivals; including
execution of police services agreement, approval of the fire prevention plan by the City's
Fire Marshal, and obtaining required temporary certificate of occupation by the City's
Building OfficiaL
REQUIRED COUNCIL ACTION: City Council must approve permits for beach festivals.
PREVIOUS COUNCIL ACTION: This event was approved in 2003, 2004 and 2005.
CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented.
Sally G, lik, Director
Parks ~nd Recreation Department
6.
7.
Special Events
Park a_ Recreation Department
P.O. Boa 9277
Corpus Cbristl, TX 78469
(512) __3461
APPUCAll0N FOR ANNUAL PERMIT
OUTDOOR MUSIC FESTIVAL
1.
nn:+f :
~~
2.
NAME AND ADDRESS OF PROMOTER~ ASSOCIATES &: EMPLOYEES:
~(C~J - PM) (1, --1 0 (
Abu 2C~ ~ SM(n c:/ p-s At?,OLE
3.
A fi_--v.1 .arcraent of the promoter and a statement ~ting aD SOIUcc:a of c:apital' bcmg' used in the
~. of IUdI outdoor' music featival and the UDoUllla of such capilal must be includccl with this appIi".tioa
4.
Jm~wh=~~. ~~
. ~UtC ~. ~ ~)l~ Sf A~fI)
~ .~ 11 =te . \0 . (
- - --"-
NAME &: ADD~OF nmOWNER OF THE PROPERlY IN (4) ABOVE.
-1JUeLJR\ \ ()U~V-g {<606<6f(1{)fLCU~ (J}f(Uj~ !K1S{.80
TDMS AND CONDmONS OF, AGREEMENT WHEll13RY ,P~OMOTER IS 1\PJHORIZED TO USE
THE PROPERTY IN (4). ),JIl{ R7N/[)( cay 0(- C(jJ..[t'( Maa;1-.(f;IJ,
~LO E6 USCo FrxL C-tQ( (2- ~~.( ).(fTlUI(~\ -Sf:'Fup (o/q 4(1[)
ANTICIP~r~~h:!eBtCUJ-f-(tJ((( 5DbiJ ..
5.
HOWWASTInSESTlMATEOBTAINED: )lAl\~FJ) gy PIL6([lCXJ, frrn~;~ce I~^rr
'. . 6.).) UJ (G tvvr'-l ,-
MAXIMUM NUMBER OF PERSONS PROMOTER WILL AU.OW: )o} (57'Jl)
8. ~ PLANS: . ~fJ2IJJL(lr ('OJJrWUEJ) lY (tieD) fJiL~reJPjln)
.ser. !C\T7Pd&)Y) [JJ)ICO emM Sff-Ururrr f (ElA-J
. l~TfYTt: t: fA f+fU)
') GENERAL DESCRIF110N OF PROMOTER'S AGREEMENT WIrn THE PERFORMERS WHO ARE
SCHEDULED TO APPEAR:
~ VirES
f
~e.{O) 'lo~
STATE PREPAllf1lfIQNS TO BE MADE TO COMPLY WIrn ~TH AND SANlTAl1.O~ _
REGUlATIONS:~('11(j1ft p[IL-rA1!{E--rFx{~K1(JfrerLf ~ =-mLIfH
(!.Q}J7(4( N ens ivJ {j / jJ{; [<(LO L<b ff7 rtJ T!1r;'-Ltkr ~(2g j!fg- ~lfeN7
l'4O~ OF ADVERTISING AND PLACES WHE&E SUCH ADVERTISING ~ BE CONDUCTED.
Jftt'l0 t lNellif~ j CLU.YlEfL 6-.51Ftltc';/\rs wILL {/~rA..<6 (c
AGRRFUF.NT AS TO SANITATION. HEALnI It. F'ILE REOUlREMENTS
PROMOTER HEReBY AGREES TO THE POu..oWING:
10.
11.
1. Aclequte prcwisioa fpr the t1i~ of rcfuac;
2. RMIOD.t11c prcc:autioal to prCYCDt farat, brush, JfU' aad struc:tutaI &rea and prOvisioa for .uicti__g the city
au60litiea ill CJIIiD&uisbiIIIan, fire ill the viciaity of any tnct wbicIa may be used for the &WCDt. 'l1ae prccaudou
prMicIed herein mUlt be apprOYed by the: fire JUnha1 prim to issulUlCe of the permit described aboYc.
3. Adequte prmisioa for the lupplyiag of portable toiJct.l and adequate provisioaa for the acnic:iaa of suda toiJeta.
4. PrevUioaa for the auppIyiDc of prb8ae taIlS aad Iiaen aad prcwiaioaa for the pickjq up of garbage at ccrtaiJl
detip-tcd timca duriag the ('.o-tin~rinn of the cvalt.
s.
~ prcMsioaI for die luppIyiDc of freah w.rer duriaa the dutatioa of the ewat aad a1IO the provicIiDg of
~~ drM~ftg ~.f~ nc:h~r.
6. Adequte provisioua for the furaisbias of first aid fritiea maaned by traiDeci perIOIIDCL
7. Adcqutc provision for the furaishing of ambulance senricc durina the period of the event.
S. SucIl other health and &aDitatica requircmCDtl as may be required by the City Health Officer.
. )
~e of Applicant . ...
Bof&n me die uodoniped audoorily, ... dUs day pcnaaoIIy appoomIJJ(}1T ~ N
aIMI wIao after being duly swora by me dcposca and ItateI tIuIt the forcgoiDg fads are true ad correct.
SWOIlN TO AND SUBSCRIBED before me this~ day of . _ .
e t.Wm' A
. . NJTARY C
STATE OF
Of MY ctM1ISSOl EXPIRES 7.2
2
CITY OF CORPUS CHRISTI
Park aad RecreadOD Departlllellt
P.O. Dca ",77
Corp.. ClUUtJ, TX 78469
(512) 8IO-~1
DATE: I I i () /(2&
~GI~AnONOFnOMO~~
L
2.
3. HII tile plUDOter or &Dy .~ or ~ cvar beca COIIYic:ted of 811)' aiaae n:prdi.ag miaappulpliMiaa
01..... tbelt, baqIary/r0bbcwy7 ~~___~_____~___
tJ[J
~~
Bc.in me the wtdenipcd audIority, oa thia day pcnoaaIIy appean:d T
IJId who after beiDg duly IWOI'R by me depoeca.1Dd ~ daat forquiag fJidI arc true aad carrec:t.
SWORN TO AND SUBSCRIBED before Il1O this l.1 day
e MARTY AHlAL.DtJ4
· fCTNlY Pl.8J:
STATE a: rms
OF IY~ EXPIRES 1-23-09
APPROVED:
CITY SECRETARY
3
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Page 1 of 3
ORDINANCE
AUTHORIZING THE EXECUTION OF A BEACH FESTIVAL PERMIT
AND CONTRACT WITH CLEAR CHANNEL BROADCASTING, INC.
FOR "C SCULPTURES," ON THE GULF BEACH AT NEWPORT PASS
COUNTY PARK; PROVIDING FOR SEVERANCE; AND DECLARING
AN EMERGENCY
WHEREAS, Clear Channel Broadcasting, Inc. ("Promoter") has submitted an
application to sponsor the annual "C-Sculptures" festival on the Gulf Beach at Newport
Pass County Park that requires a beach festival permit under Article XI of Chapter 10,
Code of Ordinances.
WHEREAS, the proposed "C-Sculptures" beach festival will be held on Nueces
County's Newport Pass property on Mustang Island, including the beach along the Gulf
of Mexico'
WHEREAS, the beach along the Gulf of Mexico is subject to the Texas Open Beaches
Act; and
WHEREAS, Promoter is in the process of arranging for the appropriate support from the
City's police department, other law enforcement agencies, and private security services
to provide for traffic control, crowd control, and other security issues.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council authorizes the City Manager, or the City Manager's
designee, to execute a beach festival permit and contract with Clear Channel
Broadcasting, Inc. for the "C Sculptures," on the Gulf Beach at Newport Pass Park in
Corpus Christi City Limits, on June 1 0-11, 2006 from 8:00 a.m. to 5:00 p.m. upon
Promoter's compliance with all provisions of Article XI of Chapter 10 of the Code of
Ordinances, including but not limited to: execution of police services agreement;
approval of the fire prevention plan by the City's Fire Marshal; obtaining required
temporary certificate of occupancy by the City's Building Official; providing bond as
required in Section 10-115(4); and reimbursing City for all costs incurred by City as
required by Section 10-115 (1) Code of Ordinances. A copy of the permit and contract is
on file in the City Secretary's office and a copy is attached.
SECTION 2. It is the definite intent of this City Council that every section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance be given full force and
effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
Judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance.
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
C iDoyle C, Ob\ORD2003.0(j,On1>nanc esI06Ci424DCCS'..uptlrBeachFes.lPe'mli Ord.doc
Page 2 of 3
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
__________ __,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~ 24 April 2006
, Doyle D. Curtis --
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
\{Doyle 06\ORD2003 U6\i)rdlnance3\Of, ('424DC (ScuptlrBea(hFw.I~'er"!1 Ord.doc
Page 3 of 3
Corpus Christi, Texas
_____ day of__
,2006.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully.
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
C' \( Doyle.O:1 I!fi\ORD2003 ,06\Ordinanc .es\06 0424DC. C~, cuptlr. BeachF es tPermIT. Ord, doc
6
AGENDA MEMORANDUM
City Council Action Date: May 23, 2006
SUBJECT: Southside Water Transmission Main Phase 6 - Geotechnical Investigation
<Project No. 8392)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a testing
agreement with Kleinfelder of Corpus Christi, Texas, in the amount of $59,700 for
geotechnical investigation for the Southside Water Transmission Main Phase 6 project.
I,SUE: Additional water transmission capacity is needed to serve projected growth on
Padre Island. Phase 6 of the Southside Water Transmission Main will bring a 42" diameter
water line from Whiteley Drive (terminus of Phase 5) across the Laguna Madre and along
Sea Pines Boulevard to an existing 8" waterline along Park Road 22 on the east side. This
contract is to conduct the necessary geotechnical investigation prior to the future award of
the construction contract.
FUNDING: Funds for this project are available in the Water Capita/Improvement Program
Budget.
a:~ENE: St:/::;:mendS approval ~f; ::resentoo.
Eduardo Gararia, P E. n el R. Escobar, P.E.
Director of Water Services Director of Engineering Services
Afldltional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Council & Administrative Action
Exhibit "c" Location Map
H:\HOME\Rachelle\GEN\Water\ONS'NTP\839: ,:::'h 6\GBotect' -'est'ilg',.A,'_wnda Memo dOl
AGENDA BACKGROUND INFORMATION
SUBJECT: Southside Water Transmission Main Phase 6 - Geotechnical Investigation
(Project No. 8392)
PROJECT BACKGROUND: The Council-approved 1997 Water Distribution System Master
Plan Update recommended a new Souths ide Water Transmission Main from the O.N.
Stevens Water Treatment Plant (ONSWTP) to a new pumping plant with associated large
main Improvements (Staples Street Pumping Plant). This work was necessary to alleviate
inadequate water supply and pressure problems experienced during peak demand periods
in Pressure Zone 2. the area essentially southeast of Everhart Road. Phases 1 through 4
have been completed (see description below)
PROJECT DESCRIPTION (PHASE 6): The proposed project consists of the installation of
a 42" diameter waterline, which will connect to the end of the Phase 5 project at the east
end of Whiteley Drive, go across the Laguna Madre, and extend along Sea Pines
Boulevard to an existing waterline along Park Road 22. Due to regulatory requirements
and the location of the project in environmentally sensitive areas, additional effort is
required both In the design of the project and during construction. A biologist will visit the
site to confirm that construction is within established corridors and that no natural
resources are unnecessarily impacted. Major project components are:
· 8.870 feet of 42-inch diameter waterline Installed by conventional trenching
· 13,760 feet of 42-inch diameter waterline installed by marine trenching
· 4 050 feet of 42 inch diameter waterline installed by directional drilling under a very
shallow portion between the Gulf Intracoastal Waterway and Padre Island shore
Regulatory permitting for Phase 6 was previously authorized and a U.S. Army Corps of
Engineers permit was acquired on January 5, 2006. A miscellaneous easement for the
Laguna Madre crossing was acquired from the General Land Office on October 11,2005.
As a result of the permitting process, mitigation was required due to minor impacts on
existing sea grass in the area of the proposed Phase 6 pipeline crossing at the Laguna
Madre. On November 15, 2005. the City Council approved an agreement with the Coastal
Bend Bays and Estuaries Program Inc. in the amount of $250,000 to construct two
breakwaters at Shamrock Island. whIch was completed in January 2006.
GEOTECHNICAL INVESTIGATION: The City's consultant, Urban Engineering, has
requested that the testing consultant, Kleinfelder, drill 14 soil borings to depths ranging
from 15 feet to 65 feet along the proposed alignment of the water transmission main. The
soil information will be used to do the following
~ design the pipe bedding
~ assess the suitability of excavated soil for reuse
~ assess the slope stability and bearing pressure
~ assess settlement conditions
~ provide a delineation of fill material
'-i \HOME\P;1chf',ie\GEN'\Wa:el\J)NSWP\83'~2-Ph 6\(;eote:r Te~twJ\.1,genda Backgrr)u"d dc'
The soil information will also be added to the contract documents for the contractors' use in
preparing their bids. According to Urban Engineering, the fee noted in the proposal is
higher than typical geotechnical investigations due to the addition of turbidity curtains and
the need for a biologist to be on site to prevent damage to the sea grasses during the field
investigation. The fee IS a/so higher due to the added cost to provide barge-mounted and
amphibious drilling equipment in order to obtain soil borings along the water-crossing
portion of the alignment.
PHASES 1 - 8:
PHASE 1: On June 16 1998, Council awarded an engineering services contract to Urban
Engineering for the Southside Water Transmission Main Phase 1 from the O.N. Stevens
Water Treatment Plant to Clarkwood Road. Council awarded a construction contract for
this phase of the project to Pate & Pate Construction on December 12, 2000, which was
completed and put Into service in May 2002
PHASES 2, 2a and 3: On April 24, 2002, Council awarded an engineering contract to
Urban Engineering for the Southside Water Transmission Main Phases 2, 2a & 3 from the
intersection of Saratoga Boulevard and County Road 54 to the Staples Street Pumping
Plant (including a connection to the existing 42" Holly Road main). On January 14, 2003,
a construction contract was awarded to Garney Companies, Ltd. of Kansas City, Missouri,
for $15,844,698 58 Work has been completed for this phase of the project.
PHASES 4 and 4a: A. design contract was awarded December 17, 2002 to Urban
Engineering in the amount of $1,824,742 for the Southside Water Transmission Main
Phases 4, 4a, and 5 A.s part of that contract, the Council authorized the permitting and
design of a water line from the Staples Street Pumping Plant to Flour Bluff, terminating at
Whiteley Drive. On March 30, 2004 City Council awarded an amendment to that contract
for Phase 6 for permitting necessary to cross the Laguna Madre with a pipeline. On July
13, 2004 a construction contract was awarded to Laughlin-Thyssen, Inc. of Houston,
Texas in the amount of $7,139,820 for Phases 4 and 4a.
PHASE 5: On February 28, 2006, a construction contract was awarded to S.J. Louis
Construction Ltd. of San Antonio, Texas, in the amount of $8,476,046 for Phase 5. The
contract specifies that the completion time of the entire project shall be 300 calendar days.
For each calendar day that any work remains incomplete after the time specified, $1,000
per calendar day will be assessed against the contractor as liquidated damages. The water
transmission main is 42" in diameter, 5.5 miles in length and will be constructed of bar-
wrapped concrete pressure pipe.
PHASE 6: (See Project Description above)
PHASE 7: The existing single water feed on Padre Island is a 24" ductile iron pipe that is
over 30 years old. The next phase of the transmission main will tie the mainland phases of
the Southside Water Transmission Main to Padre Island in order to upgrade and provide
TCEQ-required minimum pressures to the island. This phase will include the installation of
a 36" line along the east side of Park Road 22 and will terminate at the Sand Dollar Pump
Station.
PHASE 8: With the improvements on Padre Island and new TCEQ regulations for elevated
~..; \HOME\Rachelle\GEN\Water\ONSWTP\839: Ph 6\Geotect Teslng'.A,qenda Background do(
EXHIBIT "A"
Page 2 of 3
water requirements, an elevated storage tank will be installed south of Sea Pines Road.
This phase will provide a 30" water main to supply the elevated tank and will be an integral
part of the Aquifer Storage Reservoir for the island
PADRE ISLAND ELEVATED STORAGE TANK: To provide constant pressures on Padre
Island and to meet TCEQ regulations, an elevated storage tank is required. The elevated
tank will be approximately 1 000,000 gallons in capacity and will be designed to withstand
adverse weather conditions It will also Include cathodic protections and coating to
withstand deterioratlor
PADRE ISLAND AQUIFER STORAGE RESERVOIR (ASR): Aquifer Storage Reservoir
(ASR) is the storage of water in a suitable aquifer and recovery of the water through a well
during times of need. ASR offers several advantages, including substantially higher
available storage volumes and substantially lower costs per unit volume of water stored.
Implementation of ASR will provide the City with a strategic water storage system. The first
phase of ASR (a single well with a target capacity of approximately 2.5 MGD) is currently
planned near Park Road 22 south of the majority of future development anticipated within
the service area Anticipated construction of this project will take place in FY'07-08.
PRIOR COUNCIL AND ADMINISTRATIVE ACTION: See EXHIBIT "B"
FUTURE COUNCIL ACTION: Approval of design amendments, construction contracts
and testing agreements to complete the project as required,
H \HOME\RacheliE\GEN\Watpr\ONS\^{fP\839. Ph 6\Ge'JI"-'CJ! est,n;Aqenda Backgrcund.dor
PRIOR COUNCIL & ADMINISTRATIVE ACTION
SUBJECT: Southside Water Transmission Main
PRIOR COUNCIL ACTION:
1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97 -246)
2. September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
3. December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
4. June 16, 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208)
5. September 22, 1998 - Approval of Amendment NO.1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to Include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
6. September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65
with Trinity Engineering Co. for testing services for Southside Transmission Main-
O.N. Stevens Plant to Clarkwood Road (M98-328).
7. November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
8. March 23, 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-078).
9. March 23, 1999... Amendment to the FY98-99 Capital Budget to revise the scope of
the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
10. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-079).
11. May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
12. Mav 25, 199Q - Approval of condemnation proceedings for Parcel No. 1 (Res.
M023645).
13. June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
14. Julv 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703).
15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
EXHIBIT "B"
Pa e 1 of 4
~ \HOME\Rachellp\GEN\Wate"'\ONS-NT~',839_ :h 6'\Geole~;r -1 estl;u\Pri(:. Action doc
Contract 4 (M99-342).
16 October 19, 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
17. April 11 ,2000 - Approval of acquisition of Parcel No 21 for $16,535 in connection
with the Souths Ide Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-1 06)
18 April 18, 2000 -. Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection witr the Southslde Transmission Main - Stevens Plant to Clarkwood
Road project (Resolution #024014)
19 September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Souths Ide Transmission Main - Stevens Plant to Clarkwood
Road project (Resolution #024213)
20. September 19, 2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332)
21 December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Souths ide Transmission
Main -- Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605.411 (Motion M2000-434).
22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435)
23 Februarv 13, 2001 - Approval of acquisition of Parcels No. 31a and 31b for
$28,291 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-060)
24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project Phase 1 -. O.N. Stevens Plant to Clarkwood.
25 April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southslde Transmission Main, Phases 2, 2a & 3. (M2001-162)
26 June 25, 2002 - Approval of Amendment NO.1 in the amount of $454,125 to the
contract with Urban Engineering for the Southside Water Transmission Main,
Phases 2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to
outsource the land negotiation and acquisition process to acquire the remaining 54
utility easement parcels for both the Southside Water and Gas Transmission Mains.
27 December 17, 2002 - Motion authorizing the City Manager or his designee to
execute an engineering services contract with Urban Engineering in the amount of
$1,824742 for the Southside Water Transmission Main, Phases 4, 4a & 5. (Motion
No. M2002-419;
28. March 30, 2004.- Motion authorizing the City Manager or his designee to execute
Amendment No 1 to the engineering services contract with Urban Engineering in
the amount of $615,245 for the Southside Water Transmission Main, Phase 6 -
Laguna Madre Pipeline Crossing Permitting.
29. Julv 13, 2004 - Ordinance appropriating $2,605,124.62 from the unappropriated
fund balance, which includes interest, bond proceeds and other miscellaneous
~1 \HOME\Pach"7',ie\GEN\\"'/(~te'i',""S\'^'v' P\cL ",',~r'
revenues, from Water CIP Fund 4080; and appropriating in Water CIP Fund 4080
for the Southside Water Transmission Main Phases 4 and 4a; amending capital
budget adopted by Ordinance No. 025647 by increasing appropriations by
$2,605,124.62; and declaring an emergency.
30 Julv 13. 2004 - Motion authorizing the City Manager or his designee to award a
construction contract to Laughlin- Thyssen, Inc. of Houston, Texas in the amount of
$7,139,820 for the Southside Water Transmission Main, Phases 4 and 4a.
31 June 21, 2005 Motion authorizing the City Manager, or his designee, to award
Change Order NO.1 to the construction contract with Laughlin-Thyssen, Inc. in the
amount of $41 ,70356 for the Southside Water Transmission Main, Phases 4 & 4a.
(Motion No. 2005-194)
32. October 25,2005 - Motion authorizing the City Manager or his designee to execute
Amendment No 4 to the Contract for Professional Services with Urban Engineering
of Corpus Christi, Texas in the amount of $1,411,580 for a total re-stated fee of
$3,879,342 for the Southslde Water Transmission Main, Phase 6. (Motion 2005-
377)
33. November 15. 2005 - Motion authorizing the City Manager or his designee to
execute an agreement with the Coastal Bend Bays and Estuaries Program Inc.
(CBBEP) to construct two breakwaters at Shamrock Island in the amount of
$250,000 to provide mitigation for Phase 6 of the Southside Water Transmission
Main at its crossing of the Laguna Madre. (Motion No. 2005-399)
34. December 20, 2005 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 5 to the Contract for Professional Services with LNV
Engineering of Corpus Christi, Texas in the amount of $1,894,815 for a total re-
stated fee of $3 074,465 for the Water System Interactive Hydraulic Model and
Analysis to include the following projects (Motion No. 2005-444)
· Southside Transmission Main, Phase 7
· Southside Transmission Main, Phase 8
· Padre Island Elevated Storage Tank (1.0 MG)
· On-Going Modeling Support
· System Operational Protocol
35. February 28, 2006:
A Motion authorizing the City Manager or his designee to award a construction
contract to S.J. Louis Construction, Ltd. of San Antonio, Texas in the amount of
$8,476,046 for the Southside Water Transmission Main, Phase 5. (Motion No.
2006-067)
B. Motion authorizing the City Manager or his designee to execute an agreement
for welding inspection to Base Line Data, Inc. in the amount of $101,893 for the
Southside Water Transmission Main, Phase 5 from Rodd Field Road to Whiteley
Drive. (Motion No. 2006-068)
C Motion authorizing the City Manager or his designee to execute an agreement
for corrosion engineering construction support with V&A Consulting Engineers,
Inc. In the amount of $48,910 for the Souths ide Water Transmission Main,
Phase 5 from Rodd Field Road to Whiteley Drive. (Motion No. 2006-069)
o Motion authorizing the City Manager or his designee to execute a testing
agreement With Kleinfelder, Inc. in the amount of $121,319 for the Southside
Water Transmission Main, Phase 5 from Rodd Field Road to Whiteley Drive.
(Motion No. 2006-070)
H \HOME\RaCheI1e\GEN\Waler\ONS/\i"TJ'\839, )h 6\Ge()te~:r 'estIC)(]',f..lr.c' ;\ctlon dr:'\
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. September 28,2004 - Administrative approval of Amendment NO.2 to the Contract
for Professional Services with Urban Engineering in the amount of $24,475 for a
total re-stated fee of $2,465,462 for the Southside Water Transmission Main,
Phases 4. 4a and 5.
7. April 21, 2005 - Administrative approval of Amendment NO.3 to the Contract for
Professional Services With Urban Engineering in the amount of $3,300 for a total re-
stated fee of $2.467,762 for the Southside Water Transmission Main, Phases 4, 4a
and 5
EXHIBIT "B"
Page 4 of 4
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PROJECT LOCA TION
LOCA TION MAP
NOT TO SCALE
CITY PROJECT No. 8392
EXHIBIT "C"
SOUTHSIDE WATER TRANSMISSION MAIN,
PHASE 6-GEOTECHNICAL INVESTIGA TION
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 05-16-2006
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7
AGENDA MEMORANDUM
May 23,2006
SUBJECT: Pollee Department Chilled Water Plant Upgrade - 2006 - Project No. 5190
AGENDA ITEM:
a. Ordinance appropnating $43,500.00 from the unappropriated fund balance of the
Maintenance Services Fund No. 5110 for the Police Department Chilled Water Plant
Upgrade - 2006; amending the FY 2005 - 2006 Annual Operating Budget adopted by
Ordinance No 026385 by increasing appropriations by $43,500.00; and declaring an
emergency
b. Motion authorizing the City Manager, or his designee, to execute an engineering
services contract with Stridde Callins & Associates, of Corpus Christi, in the amount of
$43,50000 for the Police Department Chilled Water Plant Upgrade - 2006.
FUNDING: Funding is available from the unappropriated fund balance of the Maintenance
Services Fund.
RECOMMENDATION: Approval of the ordinance and motion as presented.
/
i(~~ ~IIJ/"~
g I R. Escobar, P E
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A Background Information
Exhibit B Contract Summary
Exhibit C Site Map
"-I. IHOMEIKEVI NS\GE N IPOLlCE 15190Ch illerE vaI2005-2006\AE Memo. doc
ADDITIONAL INFORMATION
ENGINEERING CONTRACT: The contract provides for the engineering services
necessary to prepare plans and specifications for the replacement of two gas absorption
chillers with two new 100 ton electnc chillers with necessary controls, electrical, pumps,
piping modifications. replacement of small cooling tower and refurbishment of the large
cooling tower with new fill and rebuilt fan drive train The consultant will also provide bid
and construction phase engineering services A contract summary is attached. See
Exhibit B
BACKGROUND The existing chilled water equipment consists of two (2) eighty (80) ton
natural gas-fired absorption water chillers. The chillers are manufactured by Yazaki and
have a coiled tubing design that IS failing. It is not cost effective to re-tube the chillers
which are suffering from increasingly frequent failures. The units failed three times during
2005 One unit stopped operating and could not be restarted. The second unit was
operating at only partial capacity due to leaks The building is presently connected to a
150 ton leased chiller 'vvhile repairs are being made to both Yazaki chillers.
It is anticipated that leaks will continue to develop with increasing frequency due tubing
failures The failures are associated with age, high operating temperatures, and loss of
matenal from the inside of the tubes. Gas absorption chillers with coiled tube designs
cannot be cost effectively re-tubed
The system IS Increasingly subject to unanticipated failures The Police Department does
not have an alternative ventilation system, and is reliant on proper operation of the HVAC
system
PRIOR ADMINISTRATIVE ACTION:
October 18, 2005 - Award of a contract for engineering services with Stridde Callins &
Associates in the amount of $5.320 00 for evaluation of the Police Department Building
Chilled Water Plant
FUTURE COUNCIL ACTION:
Award of a construction contract for HVAC distribution, control systems and terminal unit
repair/replacement modifications
FUNDING: Funding is available from Maintenance Service Fund proceeds previously
appropnated.
I EXHIBIT "An I
Page 1 of 1
CONTRACT SUMMARY
SCOPE OF SERVICES
The Consultant's services will include basic research, documentation and design necessary
for the preparation of plans and specifications required for the chilled water central plant
upgrade for Police Department Building. The Consultant will:
· Select and specify new water chilling units, cooling tower, temperature contois, and
ventilation system to provide chilled water service for the existing facility;
· Specify the work required to rebuilding the existing cooling tower;
· Design demolition work associated with mechanical renovations as required for
connection of the new water chilling equipment to the existing chilled water distribution
system
· Provide architectural and/or structural design work as required to accommodate the new
chilled water equipment, cooling towers and associated equipment and controls.
Preliminary Phase - The Consultant will
a. Survey confirm, evaluate, review and field-verify existing site conditions for the purposed of
coordinating drawings and specifications with existing conditions. City will provide record
Information and data as available from City Engineering files.
b. Meet as needed with City staff, subconsultants and other Agencies to define the project
concept and Identify any permitting
v. Assimilate all review comments, modifications, additions/deletions and proceed to next
phase
2. Design Phase - The Consultant will:
a. Develop and submit for review a 60% complete set of plans, with layout of the plans in the
City of Corpus Christis preferred format.
· Furnish the desired quantity of plan sets to the City of Corpus Christi for review and
comment. Cost of reproduction services for review sets shall be part of the
authorized fee
· Develop and submit an opinion of probable construction cost for the project
improvements
· Assimilate all review comments, modifications, additions/deletions and proceed to
next phase
b. Complete and submit a 100% complete set of construction drawings, plans, details, contract
documents, technical specifications, and bid documents in accordance with the City of
Corpus Chnstis preferred standard format.
· PrOVide the marked-up 60% review set so the City may determine that the comments
were incorporated into the 100% set.
. PrOVide the final opinion of probable construction cost.
· Furnish the City with both a reproducible set of plans with specifications and bid
documents for the bidding process, as well as the full documents in electronic format.
3. Sealed Proposal Phase - The Consultant will:
a. attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents;
b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to
the bid documents identified prior to bidding. Addenda will be prepared by Consultant and
reproduced and distributed by the City Engineer;
C. assist the City Engineer in securing competitive sealed proposals, analyze proposals, prepare a
proposal tabulation, and make a written recommendation concerning award of the contract; and
d. In the event the bid received by the lowest responsible proposer exceeds the established project
budget for construction, the Consultant will, at his/her expense, confer with City Engineer and
make reVisions as necessary and satisfactory to the City Engineer to permit the re-advertising of
the pcoJect for bids
4. Construction Phase - The Consultant will
a attend and assist the City Engineer with a pre-construction meeting between the contractor, City
Engineer and other interested parties
b. review and check for approval, materials and other submittals customarily provided by the
Contractor or reqUired by contract documents during the course of construction by the contractor
and ensure that two field cOPies and one record of submittal data is provided to the City
Engineer
provide interpretations and clarifications of the plans and specifications for the contractor and
authorize minor changes which do not affect the contractor's price or the duration of the
construction contract, and are not contrary to the general interest of the City under the contract;
d. review and evaluate any change order proposals that may be necessary during the progress of
the work Including a recommendation to accept or reject:
e. consult with the City Engineer and advise during construction and confer with City staff and other
governmental authorities as needed
make necessary Visits to the site(s) of the proJect. work in cooperation with the City Engineer
and contractor to observe the general progress and quality of work, and determine, in general, if
the work IS being done in accordance with the contract documents and in accordance with the
quantities of work represented in current contractor requests for payment. Site visits will include
minimum Inspections to ensure compliance with contract documents. Consultant site visits will
not constitute or be confused With a resident Inspection or continuous monitoring ofthe progress
of construction
g. travel In Corpus Christi, and Its enVirons, as necessary for accomplishment of services under
this contract
r.
"
5. Record Drawings - The consultant will review the Contractor's field set of construction drawings
and specifications On the basis of red-line' drawings and marked-up specifications provided
by Contractor. and based upon known deviations, change orders, mark-ups, and changes
reported by the City project inspector, the Consultant shall prepare "as-built" record drawings
and specifications of the project as constructed and deliver to the City Engineer a reproducible
set and electronic file (AutoCAD r 14 or later) of the record drawings and a marked up set of
specifications
6. POST -CONSTRUCTION SERVICES - The Consultant will:
a. conduct a preliminary inspection and prepare a punch list of items for correction, repair or
installation by the contractor to be delivered to the City Engineer and contractor prior to final
inspection;
b. conduct a final inspection with the City representative and contractor which shall include a
familiarization walk-through with City personnel (if applicable) of mechanical and control
systems, emergency procedures and maintenance procedures;
c. review of the following materials submitted by the contractor for completeness: operation
manuals, maintenance manuals, technical information, approved submittal sheets, parts lists,
manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and
forward the materia' to the City s designated representative for copying, collating, and
distnbution, and
Exhibit B I
Pa e 2 oqJ
d. assist the City Engineer In completion of the final Certificate of Occupancy if required by the
BUilding Official
FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $43,500.00.
Summ,:,-ry.of~_e_~~.:..._ _ .._~
1-11 1.. ~rellmlnary Phase - 20% Fee Due
II ~ T_De~ J:.t1ase: - 60% ,Fee_ Due
II 3 . Bid Phase - 5% Fee Due
- -'-r:-~'-- --- -~--,
114 I Construction Phase: -15% Fee Due
----..-.
~_._---- $8,700.00
- ------- $26,100.00
----_._~_. $2,175.00
$6,525.00
OTAl FEE $43,500.00
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PROJECT LOCA TION
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CITY PROJECT No. 5190
VICINITY MAP
NOT TO SCALE
EXHIBIT "C"
POLICE DEPARTMENT CHILLED WA TER
PLANT UPGRADE-2006
CITY COUNCIL EXHIBIT
CIT~ OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE 05-16-2006
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ORDINANCE
APPROPRIATING $43,500.00 FROM THE UNAPPROPRIATED FUND
BALANCE OF THE MAINTENANCE SERVICES FUND NO. 5110 FOR
THE POLICE DEPARTMENT CHILLED WATER PLANT UPGRADE _
2006; AMENDING THE FY 2005 -- 2006 ANNUAL OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 026385 BY INCREASING
APPROPRIATIONS BY $43,500.00; AND DECLARING AN
EMERGENCY..
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS.
SECTION 1. That $43,500.00 from the unappropriated fund balance of the
Maintenance Services Fund no. 5110 is appropriated for the Police Department Chilled
Water Plant Upgrade - 2006
SECTION 2. That the FY 2005 - 2006 Annual Operating Budget adopted by Ordinance
No, 026385 is amended by increasing appropriations by $43,500.00.
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 on this the 23rd day of May, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
---..---...----------
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED 16 May 2006 /'
~,I!f'1f'iJ / Q~1
Veronica canas
Assistant City Attorney
for City Attorney
060523 Eng App Ord - PO Chilled \/Vater Plant Upgrade doc
2
'::orpus Christl, Texas
_ day of _ _____ _, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
f=or the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requinng suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully
Respectfully,
Henry Garrett
Mayor
CounCil Members
The above ordinance was passed by the following vote
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E Marez
Jesse Noyola
Mark Scott
8
AGENDA MEMORANDUM
_._,~..~_.._._... ..-..--.-.--...--......- -"-~--"-"--"-
May 23, 2006
SUBJECT: Development Services Building - Emergency Chiller Repairs Funding
AGENDA ITEM:
Ordinance appropnating $36.40000 from the unappropriated fund balance of the
Maintenance Services Fund No. 5110 for the Development Services Emergency Chiller
Repairs - 2006; amending the FY 2005 - 2006 Annual Operating Budget adopted by
Ordinance No 026385 by increasing appropriations by $36,400.00; and declaring an
emergency
FUNDING: Funding is available from the Maintenance Service Fund unappropriated fund
balance
RECOMMENDATION: Approval of the ordinance as presented.
L
ADDITIONAL SUPPORT MATERIAL
Exhibit A Background Information
H. IHOMEIKEVI N SIG E NIF R OSTBLD IEmergencylApp ropOrdMemo. doc
BACKGROUND INFORMATION
ADDITIONAL INFORMATION: Council was notified that City had proceeded with
emergency repairs to the rooftop compressor units at the Development Service Center May
12,2006 One compressor was totally inoperable. The second unit had one electrical leg
shorting out, which was likely to result in near term total failure. Immediate repair was
necessary to allow continued occupancy of the building. The cost of the repair was
$36.389 20 and was completed by local JohnsonlYork technicians.
The City Manager is authorized to approve contracts by in excess of $25,000 by Charter
Art. X Sec.2(a) in case of an emergency, but such action must be reported to the Council.
Additionally, the Local Government Code 252.022(a) exempts this repair from State
competitive bid requirements because it is necessary to:
1. preserve the property of the municipality;
2 preserve or protect the public health or safety of the municipality's residents; and
3. IS due to unforeseen damage to public machinery, equipment or other property.
FUNDING: Funding IS available from the Maintenance Service Fund for the repair.
However continued operational costs through year end could result in a lower ending
reserve than deemed desirable. It was determined appropriation of the repair costfrom the
unappropriated fund was warranted
II EXHIBIT A II
Page 1 of 1
'-1IHOMF\K::- VINSI.GEN\F ROSTBI. DIEmerger'cylA.pp[opOrdBkgExhA doc
ORDINANCE
APPROPRIATING $36,400.00 FROM THE UNAPPROPRIATED FUND
BALANCE OF THE MAINTENANCE SERVICES FUND NO. 5110 FOR
THE DEVELOPMENT SERVICES EMERGENCY CHillER REPAIRS _
2006; AMENDING THE FY 2005 -- 2006 ANNUAL OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 026385 BY INCREASING
APPROPRIATIONS BY $36,400.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $36.400.00 from the unappropriated fund balance of the
Maintenance Services Fund no. 5110 is appropriated for the Development Services
Emergency Chiller Repairs - 2006
SECTION 2. That the FY 2005 -- 2006 Annual Operating Budget adopted by Ordinance
No. 026385 is amended by increasing appropriations by $36,400.00.
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 on this the 23rd day of May, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
-----.----.----...-- --'-"--- ----..-..-
Armando Chapa
City Secretary
Henry Garrett
Mayor
0ROV~D 16 ] 20.....0 6 /
.JA~~_/ ~_
Veronica Ocanas
Assistant City Attorney
for City Attorney
060523 Eng App Ord Dev Svcs Ernerg Chiller Repalrs.doc
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.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
9
CITY COUNCIL
AGENDA MEMORANDUM
May 23, 2006
AGENDA ITEM:
a. Ordinance repealing Ordinance 026277; adopted on May 24,2005, and reappropriating $975,210.63
to the Sanitary Sewer Trunk System Trust Fund No. 250410-4220 for the reconstruction of the existing
Master Plan Uft Station No 1047 (Greenfields by the Bay), located east of Rodd Field Road and south
of Wooldridge Road, with 12 foot diameter wet well and 3,850 linear feet of 12-inch Force Main,
easement acquisition and related appurtenances for the Greenfields by the Bay Service Area; and
declaring an emergency.
b. Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by AI Development, Inc., owner and developer of South Fork
Unit 4 su bdivision for the reconstruction of the existing Master Plan Uft Station No 1047 (Greenfields
by the Bay), located east of Rodd Field Road and south of Wooldridge Road, with 12 foot diameter wet
well and 3,500 lirlear feet of 12-tlCh Force Main, easement acquisition and related appurtenances; and
c. Ordinance appropriating $975,210.63 from the Sanitary Sewer Trunk System Trust Fund No. 250410-
4220 to pay AI Development, Inc., for the reconstruction of Master Plan Uft Station No 1047
(Greenfields by the Bay) with 12 foot diameter wet well and 3,500 linear feet of 12-inch Force Main,
easement acquisition and related appurtenances for the Greenfields by the Bay Service Area, located
east of Rood Field Road and south of Wooldridge Road; and declaring an emergency.
ISSUE: The developer for South Fork Unit 5 requested release from the terms of the Sanitary Sewer Trunk
Force Main and Uft Station Construction and ReimbursementAgreementapprowd by Ordinance 026277. The
funds will be reappropriated for use by the developer of South Fork Unit 4 to construct the lift station and force
main. AI Development, Inc.. owner and Developer of South Fork Unit 4 sul:x:fivision, will start the construction
of a 12 foot diameter wet well and the installation of 3,500 linear feet of a 12-inch force main, easement
acquisition and related appurtenances once the City Council approves the Sanitary Sewer Trunk Force Main
and Uft Station Construction and Reimbursement Agreement and appropriates funds from the Sanitary Sewer
Trunk System Trust Fund in compliance with the Platting Ordinance.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
,J{~ Af.~S'/ ~~"'A\~/~~
rvtchae .'N. Gunning, A1CP () ances Temente, P.E.
Acting Director of Development Services tant Director of Development Servtces
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Uft Station and Force Main
Cost Estimate
Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement
Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Sanitary Sewer Trunk Force Main and Lift station Construction and Reimbursement
Agreement for the reconstruction of lift Station No. 1047 (Greenfields by the Bay)
BACKGROUND
The developers of, South Fork Units 3,4, and 5 and Morningstar Unit 2, propose to construct 264
units of single family residential homes. The Greenfields by the Bay Lift Station and force main
(Exhibit B) serves the area where South Fork Units 3,4, and 5 and Morningstar Unit 2 are under
development and is currently operating at or near its rated capacity as determined in a Design
Memorandum prepared by Naismith Engineering, Inc. dated February 17, 2005.
The Developer of South Fork Unit 5 executed a Sanitary Sewer Trunk Force Main and Lift Station
Construction and Reimbursement Agreement with the City in May 2005, but did not comply with the
terms of the agreement The Developer requested release from the agreement and the City
accepted a signed, formal release document from the Developer of South Fork Unit 5.
The South Fork Unit 4 Subdivision developer, AI Development, Inc. agreed to install the required
Force Main and Master Plan Lift Station (Exhibit C) sized for the ultimate bu~cH>ut of the Greenfields
by the Bay Lift Station Service Area Upon completion, inspection, and acceptance of the new
Master Plan Lift Station and Force Main by the City, the developer will be reimbursed 100% for the
construction cost, not to exceed $975,210.63.
The Platting Ordinance amendment by Ordinance No. 025424 approved August 19, 2003 requires
the approval of a Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement
Agreement (Exhibit E) by City Council prior to developer start of construction.
The total cost estimate submitted by the developer for the installation of the sanitary sewer force
main and lift station is not to exceed $975,210.63 The Cost Estimate is attached. (Exhibit D - Cost
Estimate)
EXHIBIT A
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Greenfields By The Bay - Lift Station Improvements
Triplex Lift Station Quantity {Init U nit Price Total
Pumps - Flygt NP-3l7l (30 hp) 3 EA $42,000.00 $126,000.00
2 Fiberglass Wet Well I EA $50,000.00 $50,000.00
) Installation of Wet Well Pumps I LS $50,000.00 $50,000.00
4 Tie to Existing Wet Wel! I LS $7,500.00 $7,500.00
<; Yard Piping I LS $15,000.00 $15,000.00
6 Suction and Discharge PIping I LS $15,000.00 $15,000.00
Valves I LF $22,000.00 $22,000.00
8 Lift Station Accessories
Cable Rack, Access Covers, Brackets LS $4,000.00 $4,000.00
Floats, Lift Chains, Guide Rails, Guide Rail Bracket LS $6,000.00 $6,000.00
9 Electrical! Controls LS
Lift Station Controls (Permanent) LS $21,000.00 $21,000.00
Bypass Controls (Bypass) LS $10,000.00 $10,000.00
Antenna (Bypass) LS $2,000.00 $2,000.00
Bypass Electrical (Bypass) LS $15,000.00 $15,000.00
Transformer Pad (Bypass) LS $2,000.00 $2,000.00
Trenching / Conduit (Bypass) LS $10,000.00 $10,000.00
Lift Station Electrical (permanent) LS $20,000.00 $20,000.00
10 Demolition! Misc. Site Work LS $15,000.00 $15,000.00
i I Standby Power. Emergency Generator LS $45,000.00 $45,000.00
. J Odor Control System LS $60,000.00 $60,000.00
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i3 Dewatering I Well Pointing 5 MO $10,000.00 $50,000.00
14 SCADA System I LS $12,000.00 $12,000.00
15 4" Crushed Limestone I LS $4,497.23 $4,497.23
16 Concrete Dnve I LS $7,775.00 $7,775.00
17 CMU Wall / Gate I LS $25,000.00 $25,000.00
Lift Station Construction Sub-Total $594,772.23
12" Force Maio
Proposed IT Force Malll 3,500 LF $58.85 $205,975.00
2 Connection to 12" Force Main (LS # II) I EA $11,000.00 $11,000.00
Force Main Construction Sub-Total $216,975.00
ProfeaiORal Services
Engineering 7.50% $60,881.04
Topographic Surve) 2.00% $16,234.94
Contract Administration 2.00% $16,234.94
Testing (Geotechnical) 1.00% $8,117.47
Right-of- Way Acquisition $16,995.00
ROW Surveying, Parcel Descriptions, & Maps $45,000.00
PROJECT TOTAL: 5975,210.63
II Exhibit 0 II
Page 1 of 1
'\I alSlnith Euginecnng, lne
'~raig B. Thompson. P !
Cost Estimate
M8Y Q 200,
Greenfields By The Boy
l.ift Station Improvements
SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION
CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("Agreement") is entered
into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule
municipality, P.Oe Box 9277, Corpus Christi, Texas, 78469-9277, Corpus Christi, Texas,
78469-9277, and AI Development, Inc., a Texas Corporation, 6530 Samba Drive,
Corpus Christi, Texas 78414 (hereinafter "Developer")
WHEREAS, Developer In compliance with the City Platting Ordinance, has filed a plat,
approved by the Planning Commission on June 1, 2005, to develop a tract of land of
approximately 12.48 acres called South Fork Unit 4 Subdivision along the north side of
Brooke Road, east of Rodd Field Road, as shown in the attached EXHIBIT 1, and
WHEREAS, the Developer has recorded the plat for South Fork Unit 3 and other
developers of South Fork Units 5 and Morningstar Unit 2 have approved or recorded
plats within the Greenfields by the Bay Service Area and require improved wastewater
service capacity, and
WHEREAS, the City's 1983 Master Sanitary Sewer Plan for the Southern Portion of
Corpus Christi, as amended by Ordinance No. 025636, on January 20, 2004, requires a
lift station of sufficient capacity to serve the Greenfields by the Bay Service Area totaling
647 acres. and
WHEREAS, the Design Memorandum prepared by Naismith Engineering, Inc., dated
December, 2004, and revised February 17, 2005, established that the existing Lift
Station No. 1047 in the Greenfield by the Bay Service Area does not have sufficient
capacity to serve the area, and
WHEREAS, the Design Memorandum recommends the construction of a new Master
Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main to replace the
existing Lift Station NO.1 047 in order for South Fork Unit 4 and the other subdivisions to
have adequate sanitary sewer service, and
wtEREAS, under the Platting Ordinance, the Developer is responsible for construction
of new Master Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main,
and
WtEREAS, under the Platting Ordinance, the Developer is eligible for total
reimbursement of the Developer's costs for the construction of new Master Plan Lift
Station with 12-foot diameter wet well and a 12-inch Force Main, and
~ Exhibit E ~
1 of?
WHEREAS, it is to the best interest of the City and the Developer for the new Master
Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main be constructed
to its ultimate capacity per the 1983 Master Sanitary Sewer Plan for the Southern
Portion of Corpus Christi as amended for the Greenfields by the Bay Service Area;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the new Master Plan Lift Station with 12-foot diameter
wet well and a 12-inch Force Main needed for the South Fork Unit 4 Subdivision in
compliance with the City's Platting Ordinance and under the plans and specifications
approved by the City Engineer
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer to prepare plans
and specifications for the new Master Plan Lift Station with 12-foot diameter wet
well and a 12-inch Force Main. as shown in Exhibit 2, with the following basic
design:
(1) LIFT STATION:
(a) The new Master Plan Lift Station will be constructed within
Greenfields Park located just east of the intersection with Canadian
Drive and Erie Drive.
(b) Lift station structure designed for ultimate capacity of 2.62 MGD.
(c) Pump installation and design will be based on the following as
part of this Agreement:
Three proposed Flygt Model NP 3171-434 (30HP) pumps
with duty points of 1670 GPM at 54 ft. TDH with one pump
running and no flow from Lift Station No. 11 and 1840 GPM
at 78 ft. TDH with two pumps running and full flow from Lift
Station No. 11.
(d) A force main will be designed and constructed as part of the
new Master Plan Lift Station as part of this Agreement.
(e) The plans and specifications for the Lift Station must comply
with 30 TAC Chapter 317.
2 of?
(2) SANITARY SEWER TRUNK FORCE MAIN
(a) Install approximately 3500 linear feet of 12-inch force main
based on preliminary alignment and subject to final design.
(b) The force main will begin at the new Master Plan Lift Station
and extend along Mary Carroll Channel toward Wooldridge Road
where it will tie on to the new 16-inch force main approximately 400
feet east of Rodd Field Road or as per final design. The 12-inch
force main will be verified by design.
(c) Before the Developer starts construction the plans and
specifications must be approved by the City's Director of
Engineering Services.
(d) The plans and specifications for the Lift Station must comply
with 30 T AC Chapters 290 and 317.
3. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and complete the Master Plan Lift Station and Sanitary Sewer Trunk Force
Main, under the approved plans and specifications, by June 30,2007, subject to the
tolling provisions set out below.
4. CITY OBLIGATIONS AND DUTIES. Upon execution of this document and
beginning of construction, mobilization on site, submission of copy of construction
contract, and submission of complete construction plans for review,Jhe City will file the
Plat of South Fork Unit 4.
City agrees not to unreasonably withhold approval of the plans, progress evaluations, or
reinbursement. Approval of progress evaluation and of reimbursement shall be
contingent upon verification of satisfactory inspection and testing results. Approval of
plans shall be contingent upon Developer's engineer complying with review comments
of City staff.
5. DEFAULT. The following events shall constitute default
a. Developer fails to engage a professional engineer for the preparation of plans
and specifications for this project by the 10th calendar day after the date of
approval by City Council.
b. Developer's professional engineer fails to submit the construction plans and
specifications to the City's Director of Engineering Services by the 40th
calendar day after the date of approval by City Council.
c. Developer fails to award a contract for the construction of the ~roject,
according to the approved plans and specifications, by the 70t calendar day
atter the date of approval by City Council.
d. Developer's contractor does not reasonably pursue construction of the project
according to the approved plans and specifications.
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e. Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before June 30,2007.
f. City fails to approve the plans, upon designer compliance with City staff
comments, or make appropriate reimbursement under section 11 of this
contract.
In the event of default, the City and Developer shall have all its common law remedies
In addition to the following: Cancellation of this agreement.
6. Both parties agree that time is of the essence for both performance of payments and
completion of the project.
7. THIRD-PARTY BENEFICIARY. Developer's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
project, contracts for testing services, and with the contractor for the construction of the
project shall provide that the City shall be a third party beneficiary of each contract.
8. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor
for the construction of the project, before beginning the work, to execute a performance
bond and payment bond naming the Developer and City as third party beneficiaries of
this contract, The performance and payment bond shall comply with Texas
Government Code, Chapter 2253 and shall be in the form and substance as attached
hereto.
9. NOTICE. Should City or Developer fail to perform any obligation or duty of this
agreement, the City or Developer shall give notice to the other party, at the address
stated above, of the need to perform such obligation or duty. Should Developer fail to
perform the required obligation or duty within 15 days of receipt of the notice, the City
may perform the obligation or duty, charging the cost of such performance to Developer
by reducing the reimbursement amount due hereunder. Should the City fail to perform
the required obligation or duty within 15 days of receipt of the notice, City will be liable
for all costs, fees, and interest resulting from said failure. Developer will pay to City the
cost of such performance within 30 days from the date Developer receives notice of the
cost of such performance. City shall pay to Developer any costs, fees, or interest within
30 days from the date the City receives Notice. Notice required by this paragraph may
be by United States Postal Service, First Class Mail, Certified, Return Receipt
Requested, postage prepaid; by a commercial delivery service that provides proof of
delivery, delivery prepaid; or by personal delivery. In the event of City's or Developer's
failure to cure any such breach after notice, the City or Developer may terminate this
agreement. Developer shall be paid for work already completed and accepted.
10. WARRANTY. Developer shall have contractor execute a warranty of the
workmanship of and function of the sanitary sewer trunk force main and lift station and
the construction thereof for a period of one year from and after the date of acceptance
40f7
of the facilities by the City Engineer. Said warranty will be assigned and transferred to
the City upon completion of this project.
11. REIMBURSEMENT
a. The City will reimburse the Developer 100% of the cost of the Master Plan Lift
Station and Sanitary Sewer Trunk Force Main, not to exceed $975,210.63, upon
satisfactory completion, testing, inspection, and compliance with approved plans and
specifications See attached cost estimate, (Exhibit 3).
b. The City further agrees to properly reimburse the Developer on a monthly basis and
upon invoicing for work performed, tested and inspected. Such reimbursement shall be
made no later than 30-days from the date of the invoice. Should City fail to reimburse
Devetoper according to this timeline, and should it be found that the City unreasonably
and without good cause failed to pay said invoices timely, City agrees to pay interest on
the non-reimbursed amount at the maximum allowable rate under Texas Government
Code, Section 2251.025. Any challenge to reimbursement must be made within 7
calendar days after receipt of the invoice in writing to the address above, by first class
mail, return receipt requested. The City's failure to provide notice within the time
allotted. or manner set out, shall be construed as acceptance of the invoice. Any
corrected I adjusted or revised invoice shall be handled as an originally submitted
invoice. Developer is to submit all required performance and paymentbonds and proof
of required insurance in accordance with applicable laws. The City agrees to conduct
periodic inspections and approve the progress of the work at key points during
construction
c. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the Master Plan Lift Station and Sanitary Sewer Trunk
Force Main by the professional engineer hired by the Developer. However, the
expenses may not exceed 7.5% of the costs of construction of the Master Plan Lift
Station and Sanitary Sewer Trunk Force Main.
12. TOLLING. From the date Developer submits complete lift station and force main
plans and specifications or work for approval and continuing until approval of such plans
or work is given by the City, or a good faith dispute arise as to the plans,
reimbursement, or work performed, all dates listed in Section 5 shall be suspended
pending cure and approval. After approval is obtained, the dates in Section 5 shall be
extended by the time taken to gain said approval or resolution of the issue.
13. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from all
liaIJil1ty for any and all injuries or damages sustained by any person, including
wifhout limitation workers compensation, personal Injury or death, arising from
this Lift Station and Sanitary Sewer Trunk Force Main construction.
14. FORCE MAJEURE. The term "force majeure" as used in this agreement shall
mean and include: acts of God, floods, storms, explosion, fires, labor troubles, strikes,
5 of 7
insurrection, riots, acts of the public enemy, inability to obtain labor, material, or
equipment, federal or state law, or order, rule or regulation of governmental authority.
If, by reason of force majeure, Developer is prevented from satisfying or meeting any
condition of this agreement or from complying with any express or implied covenant
thereof, then while so prevented, such condition shall be suspended and Developer
shall be relieved of the obligation to comply with such covenant and shall not be liable in
damages for failure to comply therewith; and this agreement shall be extended and
continued in force while and so long as Developer is prevented by force majeure from
performing under this agreement.
15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit
4.
16. EFFECTIVE This agreement becomes effective and is binding upon and shall
Inure to the benefit of the City and Developer, and their respective heirs, successors,
and assigns from and after the date of execution.
EXECUTED IN DUPLICATE originals, this ~~ day of ~,2006,
DEVELOPER:
By:
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Alireza Mostaghasi
President
AI Development, Inc.
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on M~i l~ ,2006, by
Alireza Mostaghasi, President, AI Development, Inc., a Texas Corporation.
~
Notary Public, State of Texas
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GUUEAMO M. MEDINA
MY COMMISSION EXPIRES
Man:h9,2009
.
6 of 7
ATTEST
THE CITY OF CORPUS CHRISTI
By:
Armando Chapa
City Secretary
APPROVED: ~ day of May, 2006
Assistant City Manager
~~
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
Thts instrument was acknowledged before me on , 2006, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
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Exhibit 1 I
Page 2 of2
Greenfields By The Bay - Lift Station Improvements
Triplex Lift Station Quaotity Uoit Uolt Price Total
Pumps. Flygt NP-3I71 (30 hp) ., EA $42,000.00 $126,000.00
Fiberglass Wet Well EA $50,000.00 $50,000.00
Installation of Wet Well Pumps LS $50,000.00 $50,000.00
4 Tie to Existing Wet Well LS $7,500.00 $7,500.00
Yard Piping LS $15,000.00 $15,000.00
" Suction and Discharge Pipmg LS $15,000.00 $15,000.00
Valve:-- LF $22,000.00 $22,000.00
8 Lift Station Accessories
Cable Rack, Access Covers, Brackets I LS $4,000.00 $4,000.00
Floats, Lift Chains, Guide Rails, GUIde Rail Bracket I LS $6,000.00 $6,000.00
Q Electrical I Controls I LS
Lift Station Controls (Pennaneno I LS $21,000.00 $21,000.00
Bypass Controls (Bypass) I LS $10,000.00 $10,000.00
Antenna (Bypass) I LS $2,000.00 $2,000.00
Bypass Electrical (Bypass) I LS $15,000.00 $15,000.00
Transformer Pad (Bypass) I LS $2,000.00 $2,000.00
Trenching I Conduit (Bypass) I LS $10,000.00 $10,000.00
Lift Station Electrical (permanent) I LS $20,000.00 $20,000.00
10 Demolition I Misc. Site Work 1 LS $15,000.00 $15,000.00
II Standby Power - Emergency Generator I LS $45,000.00 $45,000.00
12 Odor Control System I LS $60,000.00 $60,000.00
13 Dewatering I Well Pointing 5 MO $10,000.00 $50,000.00
14 SCADA System I LS $12,000.00 $12,000.00
15 4" Crushed Limestone 1 LS $4,497.23 $4,497.23
16 Concrete Drive I LS $7,775.00 $7,775.00
17 CMU Wall; Gate I LS $25,000.00 $25,000.00
Lift Station Construction Sub-Total $594,772.23
12" Foree Maio
Proposed 12" Force Main 3.500 LF $58.85 $205,975.00
" Connection to 12" Force Main (LS # 11) I EA $11,000.00 $1l,000.00
"-
Force Main Construction Sub-Total $216,975.00
ProCess...at Services
Engineering 7.50% $60,881.04
Topographic Survey 2.00% $16,234.94
Contract Administration 2.00010 $16,234.94
Testing (Geotechnical) 1.00% $8,117.47
Right-of- Way Acquisition $16,995.00
ROW Surveying, Parcel Descriptions, & Maps $45,000.00
PROJECT TOTAL: 5975,210.63
Page 1 of 1
Nai5mi1h ~ Inc.
Craig B 'fbompeon. P.F
Cost EItim8Ie
May 9. 2005
OrecafieIds By The Bay
Uft StldioD Impnlvements
~
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or finns seeking to do business with the
City to provide the following infonnation. Every question must be answered. If the question is not applicable,
answer with aNA-.
FIRM NAME ----A-L--.t1 () ffA-:Jap I__
STREET: 65") (\ s"" l:> Q- CITY: c. (" ZIP: 7 ~ 1.{ I C(
FIRM is 1 Corporation _ _ _ 2. Partnership
5 Other
3. Sole Owner
4. Association _
DISCLOSURE QUESTIONS
If additional space is necessary. please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "finn".
Name Job Title and City Department (If known)
rJ()..
)/0\
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "finn".
Name Tille
# 0'......
AI~
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "finn".
Name Board, Commission or Committee
____._ _.1 rr.
/~
4. State the names of each employee or officer of a "consuttant" 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 "finn".
Name Consunant
,I ~--_.
}./ f)',
CERTIFICATE
I certify that all infonnation 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 win be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person:--,A l , t1~ l c;1 111' (" I (J.... fA ~ (' ,
- / '
(Type or Print)
Signature of Certifying person:~ _
--
Tille:
lJ l..J 11 0# V
Date:
5
/2. _ oh
~ Exhibit 4 ~
AN ORDINANCE
REPEALING ORDINANCE 026277, ADOPTED ON MAY 24, 2005,
AND REAPPROPRIATING $975,210.63 TO THE SANITARY
SEWER TRUNK SYSTEM TRUST FUND NO. 250410-4220 FOR
THE RECONSTRUCTION OF THE EXISTING MASTER PLAN
LIFT STATION NO. 1047 (GREENFIELDS BY THE BAY),
LOCATED EAST OF ROOD FIELD ROAD AND SOUTH OF
WOOLDRIDGE ROAD, WITH 12-FOOT DIAMETER WET WELL
AND 3,850 LINEAR FEET OF 12-INCH FORCE MAIN,
EASEMENT ACQUISITION AND RELATED APPURTENANCES
FOR THE GREEN FIELDS BY THE BAY SERVICE AREA; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Ordinance 026277, adopted on May 24, 2005, is hereby
repealed and $975.210.63 is reappropriated to the Sanitary Sewer Trunk System
Trust Fund No. 250410-4220 from the developer reimbursement request for the
reconstruction of the existing Master Plan Lift Station NO.1 047 (Greenfields by
the Bay), located east of Rodd Field Road and south of Wooldridge Road, with
12-foot diameter wet well and 3.850 linear feet of 12-inch force main, easement
acquisition and related appurtenances for the Greenfields by the Bay Service
Area
SECTION 2. That upon written request of the Mayor or five council members,
copy attached. the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 23rd of
May. 2006
ATTEST:
THE CITY OF CORPUS CHRISTI
"----..--..-- ..----...-
..
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved as to form May 18. 2006.
By ~~~:<~_~_
Assistant City Attorney
For City Attorney
C: j)ocs&Settmgsg\\ \ a.l'c'nda :'O()< (I~ :' \ 'Hd-reappr-( lreenfleldsSSI runk
Corpus Christi, Texas
_~__ day of __~
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: I/We, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced. or at the present meeting of the City Council.
Respectfully.
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C Dncs&Settingsg\\ saL'enda 20060:' ~:<ord~reappr-GreenfieldsSSTrunk
AN ORDINANCE
APPROPRIATING $975,210.63 FROM THE SANITARY SEWER
TRUNK SYSTEM TRUST FUND NO. 250410-4220 TO PAY AL
DEVELOPMENT, INC., FOR THE RECONSTRUCTION OF
MASTER PLAN LIFT STATION NO. 1047 (GREENFIELDS BY
THE SAY), WITH 12-FOOT DIAMETER WET WELL AND 3,500
LINEAR FEET OF 12-INCH FORCE MAIN, EASEMENT
ACQUISITION AND RELATED APPURTENANCES FOR THE
GREENFIELDS BY THE BAY SERVICE AREA, LOCATED EAST
OF ROOD FIELD ROAD AND SOUTH OF WOOLDRIDGE ROAD;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $975,210.63 is appropriated from the Sanitary Sewer Trunk
System Trust Fund No. 250410-4220 to pay AI Development, Inc., for the
reconstruction of Master Plan Lift Station No. 1047 (Greenfields by the Bay) with
12 -foot diameter wet well and 3.500 linear feet of 12-inch force main, easement
acquisition and related appurtenances for the Greenfields by the Bay Service
Area located east of Rodd Field Road and south of Wooldridge Road.
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 23rd of
May 2006
ATTEST:
THE CITY OF CORPUS CHRISTI
-.-........----..--...-~--..- ------.-...-.. -..--
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form May 18. 2006
By ~~~ n____
Assistant City Attorney
For City Attorney
H:I cgDtrgws agenda '00"05-2 ~ ,AiDe\ I.,~ [runk
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: IlVVe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully.
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
-..----..--..-----
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry GarcIa
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:LegDJr\gwsagenda 20iif)\O.'i.23 AIDn SS Trunk
10
AGENDA MEMORANDUM
May 23, 2006
AGENDA ITEM:
Ordinance authorizing the City Manager to execute a Participation
Agreement for the street improvements to Elvis Drive with Onac Developers
Inc, Developer of Graceland Subdivision, located south of Slough Road and
east of Rodd Field Road, of which the City's share of cost shall not exceed
$54,039.00; and declaring an emergency
ISSUE: The development and platting of Graceland subdivision required the developer to
construct Elvis Drive within the subject subdivision as part of the subdivision street
network The section of Elvis Drive in question also abuts dedicated parklands. The City,
as specified by Platting Ordinance, Section IV, Subsection G.2.J., may be required to
participate in the cost of street construction. The Participation Agreement between the City
of Corpus Chnstl and Onac Developers, Inc. is subject to City Council approval, to allow
the developer to proceed with the construction of Elvis Drive.
RECOMMENDATION: Staff recommends approval of the Ordinance as presented.
/(~4~
Michael N. Gunning, A.l.e.p.
Acting Director of Development Services
ATTACHMENTS'
Exhibit A.
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Elvis Drive Section
Cost Estimates
Participation Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and the platting of Graceland Subdivision (See Exhibit
Bt required construction of Elvis Drive as part of the subdivision internal traffic circulation
network Typically, the platting process requires the developer to pay the total cost of
public Improvements (See Exhibit C) associated with the development. The portion of
Elvis Drive to be constructed associated with the development of Graceland subdivision
abutts dedicated City par1dands; therefore, the City, as specified in the Platting ordinance,
Section IV, Subsection G.2.j. may be required to participate in the cost of street
construction The Developer has submitted a Participation Agreement (see Exhibit E) and
supporting documentation in compliance with provisions of the Platting Ordinance. The
Participation Agreement states the City shall reimburse the Developer for the City's share
of the cost of public improvements. The projected costs of the City's share for the
improvements are $54,039.00. (See Exhibit 0 cost estimate).
Reimbursement would be payable upon completion and acceptance of the street
construction work with actual reimbursement to be determined based on the actual
construction cost and not to exceed $ 54,039.00
RECOMMENDATION:
Staff recommends approval of Ordinance as presented.
I Exhibit A ~
Page 1 of 1
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EXHIBIT C
ONAC DEVELOPMENT TNe.
Emilio Cano, President
Ciraceland Subdivision
5-5-6
PARK PARTICIPATION
STREET CONSTRUCTION ESTIMATE
PAVEMENT IMPROVEMENTS- PARK PARTICIPATION
Bid
Item DESCRIPTION
I-T Street Excavation / Fill, Back Fill and
Compaction
""-.--1
-, i 6" Lime Stabilized Caliche base
560 (SY)
Unit Bid +5% TOTAL
$5.00 356
$1,780.00
$8.00 616
$4,928.00
$4.25 792 $3,366.00
$8.00 616 $4,928.00
$9.50 319 $3,031.00
$4.00 8,059 32,236.00
560 (SY)
-- 1-- --------- - - - -
:3 : 8" Compacted Lime Stabilized Sub-
r4-+ f~1;" Type "D" Hot Mi~-Aspha1tic - - .
i __: Concrete _ _____ _______ __ __
rs ! 6" Curb & Gutter
[~-1}2' Conc!:~te Hike and Bike Trail_
720 (SY)
STREET CONSTRUCTION SUB-TOTAL....$SO,269.00
ENGINEERING @ 7.5%.......... $3,770.00
TOTAL ESTIMATED REIMBURSEMENT...... $54,039.00
EXHIBIT D
PARTICIPATION AGREEMENT
STA TE OF TEXAS
COUNTY OF NlJECES
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home-Rule MuniCipal Corporation, POBox 9277, Corpus Christi, Texas 78469-9277,
heremafter called "City" and Onac Development, Inc, (Developer), P.O. Box 271201,
Corpus Christi, 78427 hereinafter called "Developer"
WHEREAS, Developer is developing a subdivision known as Graceland,
containing 18.5 acres ofland located south of Slough Drive east of a Rodd Field Road, as
shown on attached location map, Exhibit 1; and
WHEREAS, the Developer has submitted a plat, in compliance with the
provIsions of the City Platting Ordinance, which shows a portion of Graceland
Subdivision for use as a Park and Bike Trail; east of Rodd Field Road; and
WHEREAS, the part of Elvis Drive to be developed borders a city park, as
shown on Exhibit 2, and the City may bear its portion of the costs of development,
according with the Platting Ordinance IV G 2 j, and
NOW, THEREFORE, in order to provide a coordinated land development and
street construction project, the City and Developer agree as follows:
The Developer will construct certain improvements for and on behalf of the City
including pavement and sidewalks on Elvis Drive, which bounds a dedicated city park.
The improvements are required to be constructed in accordance with the plans and
specifications approved by the City Engineer
For Graceland Subdivision, the total cost of the City's Share of public street
.improvements, as depicted on in cost estimate, Exhibit 3 is $54,039,00. The City's share
will be adjusted according to the actual construction cost after completion of the work,
but m no case will the City's share exceed $54,039.00. The City's payment to the
Developer will be made after completion and acceptance of all subdivision improvements
by the City Engineer
The City shall reimburse the Developer for the City's share of public improvements for
this development in the following manner:
Upon recordation of the final plat of Graceland Subdivision, and final
acceptance of public improvements by the City Engineer, the Developer
will be paid for actual costs of the City's share, not to exceed $54,039.00,
EXHIBIT E
of the required public improvements no later than sixty (60) calendar days
trom the date of final acceptance by the City Engineer
City agrees not to unreasonably withhold approval of the plans, progress evaluations, or
reimbursement Approval of reimbursement shall be contingent upon verification of
satIsfactory inspection and testing results. Approval of plans shall be contingent upon
Developer's engineer complying with review comments of City staff.
Should Developer fail to perform any obligation or duty of this agreement, City shall give
notice to Developer, at the address stated below, of the need to perform such obligation
or duty Should Developer fail to perform the required obligation or duty within 15 days
of receipt of the notice, City may perform the obligation or duty, charging the cost of
such performance to Developer by reducing the reimbursement amount due hereunder.
Developer will pay to City the cost of such performance within 30 days from the date
Developer receives notice of the cost of such performance Notice required by this
paragraph may be by United States Postal Service, First Class Mail, Certified, Return
Receipt Requested, postage prepaid; by a commercial delivery service that provides proof
of delivery, delivery prepaid; or by personal delivery In the event of Developer's failure
to cure any such breach after notice, the City may terminate its obligation to reimburse
Developer under this agreement
Developer shall indemnify and hold harmless the City, its agents, officers and
employees ("Indemnities") from all suits, actions or claims and from all liability for
any and all injuries or damages sustained by any person, including without
limitation workers compensation, personal injury or death, arising from or incident
to the construction of the improvements, regardless of cause or of any concurrent or
contributing fault or negligence of indemnities, including Indemnitees' sole
negligence.
In the event the City determines that Developer did not construct the improvements in
accordance with the approved plans and specifications, the City may declare that such
failure is a breach of this Agreement, thereby terminating any obligation of City to
reimburse Developer under this Agreement Thereafter, corrections to bring the
construction within the approved plans and specifications will then be contracted for and
financed completely by the Developer
Developer further agrees, in compliance with the City of Corpus Christi Ordinance No.
] 7112. to complete, as part of this Agreement, the Disclosure of Ownership Interests
form attached hereto as Exhibit 4
This agreement becomes effective and binding upon and inures to the benefit of the
parties hereto and their heirs, successors, and assigns from and after date of execution.
EXI-I ll~ I) III duplicate this '
-t...
Jay 01
IL ~::t- .... , 2006.
- ..'^>'-..'.-..-...-----.U "'~-"-'-"--
Onae Development, Inc.
("Developer")
PO Box 271201
::~US~7~
Emilio Cano, President
".~"'~",.~,,.~~.~,.
e/~.. CAROLE EVE HALL
~ ~ IIOJUYflUUlfAlIW1DAI
* .. COHII.1I01 II".":
Of OCTOBER 28. 2007
STATE OF TEXAS S
S
COtJNTY OF NUECES ~ ~(I--t
This instrument was acJQ10wledged before me on the.~day of ~ ,
2006, by t >>1" II ~() L~ 0 ... __, in the capacity herein stated and as(,he act and
deed of said entity.
(~fc<<-~
NOTARY PUBLIC, STATE OF TEXAS
CITY OF CORPUS CHRISTI ("City")
POBox 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST
By __________
ARMANDO CHAP A,
City Secretary
By
GEORGE K. NOE
City Manager
THE STATE OF TEXAS ~
~
COUNTY OF NUECES S
This instrument was acknowledged before me on the _ day of
2006, by GEORGE K NOE, City Manager for the CITY OF CORPUS CHRISTI, a
Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
,2006.
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EXHIBIT 2
ONAC DEvELOPMENT INC.
Emilio Canu, President
(Jraceland Subdivision
5-5-6
]>ARK PARTICIPATION
STHEET CONSTRUCTION ESTIMATE
PA VEMENT IMPROVEMENTS PARK PARTICIPATION
BId
[tern DESCRIPTION
r-1-r- StreetEx~avation / Fill, Back Fill and.
~ .;.. .. .. ... Compaction
12-t-6-" Lime Stabilized Caliche bas~- . -~. -
i I
I ,
~~-+~ ..- ----.--. ----
.~ 8" Comp....acted Llme Stabilized Sub-
ade
-".,,---.------..-.----..,--. ._---- -.-- --.-
4 1 1/2" Type "D" Hot Mix -Asphaltic
~j J Concrete
__.., _" _"_".___'__ "0-
5 6" Curb & Gutter
--.-.--.--,,- -------.- .'------ -----
..& 1 .l~' Conc!et~}ii!<~ al~ Bik~_Trail_
560 (SY)
Unit Bid t +5% TOTAL
$5.00 356
$1,780.00
$8.00 616
$4,928.00
$4.25 792 $3,366.00
! $8.00 616 $4,928.00
$9.50 319 $3,031.00
$4.00 8,059 32,236.00
I 560 (SY)
720 (SY)
290 (L.F
7,328 (S.~
STREET CONSTRUCTION SUB-TOTAL....$50,269.00
ENGINEERING @ 7.5%.......... $3,770.00
TOTAL ESTIl\lATED REIMBURSEMENT...... $54,039.00
EXHIBIT 3
;@~----\JI-"~":\
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRM NAME ~H.I)~:I.Q ..,Ch/.}.Q..
STREET: ..t?-O...f3C!f 21. lZQ.l.
FIRM is: ':::orporation ~
2, Partnership 0
'C,;;:' :C9i:i;/;; ::df.tl.~~i:::::::::" .~.;~; "7i4:;;:;:::::
3. Sole Owner 0
4. Association 0
5 Other 0
..................................................................
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
.......,......... (-;;';-"""""
IV CIA C
.................................................................
........... ....., .. .. .... . ........ .-............................~...~....~..~~......~,..............
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name Title
.....;..1.. .('~"
/---J. J -^ ..:::
. . . . . . . . . . . . . . - . . . . .. . . . .. . .. . . . . . . . . . . . . . . . . . . . . ~.. . . . . . . . . . . . . .
.................................................................
3 State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Board, Commission or Committee
,... i (e, J"r~~
. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. ~ . . . . . . ~.. .., .. . . . . . . . . . . .. . .
, .................................. ~. . ~".'" . . ~... .. ... . . . . . . . . . .. . .
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm".
Name Consultant
. - . . . . . , . . . .. . . . . . . . . . . . . . . . . . . . . . . ~ . .. ~... .. . . .. .. . . . . .. . . . . . . . . . . . . . . . . . . .
. ...,..... ."................................. ~.... . . ...... . . . ... .. . . . . . . . . . . . . . . . .
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. 1.
, , . ~M I L I 0 C.6/10_ _-'. Pl1f-S J DuJ r aLl ~ C f)c ,/ iJ-lC
CertIfyIng Person ... .... . .';ii:'p,"ii' ~~.. Tltlem~~..~;..~,J......................
Signature of CertIfying Person.. ......." ...~..... Date,.......t:>.!.......f....:'6..................................
EXHIBIT 4
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTICIPATION
AGREEMENT FOR THE STREET IMPROVEMENTS TO ELVIS DRIVE
WITH ONAC DEVELOPERS, INC., DEVELOPER OF GRACELAND
SUBDIVISION, LOCATED SOUTH OF SLOUGH ROAD AND EAST OF
ROOD FIELD ROAD, OF WHICH THE CITY'S SHARE OF COST SHALL
NOT EXCEED $54,039.00: AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the required funds having been appropriated, the City Manager, or
his designee, is authorized to execute a participation agreement with ONAC
Developers, Inc. Developer of Graceland subdivision, for the street improvements to
Elvis Dnve, in accordance with the Platting Ordinance, in the amount of $54,039.00 for
the Cltys share of the costs of the improvements. A copy of the agreement is on file
with the City Secretary s office.
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 as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 23rd day of May 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form: May 18. 2006
By: ~"^--_____
Ga W. Smith
Assistant City Attorney
For City Attornev
H' \L E G- 0 I R \S ha red\G a ryS \age nda \2006' 0 5-2 30rd-ONA C -G race I and. doc
Page 2 of 2
Corpus Christi, Texas
__ __ Day of ____
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H :\LE G-OI R\SharedlGa ryS\aqenda\2006\05-2 3 lOrd-ONAC-Graceland .doc
11
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 anc! 2013-17) upon City Manager. or designee, finding Show
successful for City Tt,\~ LeaSE Aqreement is attached as Exhibit A and a copy is on file
with the City Secretar\
SECTION 2. Under Article IX Section 3 of the City Charter, this ordinance and the
Lease Agreement are effective on the 61 sl day after City Council adoption of this
ordinance on second cmd 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
provlsiulI of this ordincmce is held mvalid or unconstitutional by final judgment of a court
of competent jurisdlctkm. that judgment shall not affect any other section, paragraph,
subdivision clause phrase worc1w 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.
,lOcin' . 06IPI\Rk&Ri C2lISllec!3itvents'J6.0404DC Txi'ltl 'achtJeU.ease.Renew.201 7.0rddcc
Pdge 2 of ,
The foregoing ordinance was read for the first time and passed to its second reading on
this the ~~~'1Jay of _':1f2f1t:..e)Q06 by the follO\^!ing \')te:
Hem, Garrett
~
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Rex A Kinnison
-~--
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(~
Brent Chesney
John E Marez
Melo.i'y 200PUi
Jesse ~~uyuld
Jer-ry:-'; Hela
Mark Scott
William Kelly
The foregOing ordlnaw::e was read for the second time and passed finally on this the
__ Jay of __ __, 2006, by The follOWing vote
Henrv Garrett
Rex A. Kinnison
Brent Chesney
John E Marez
Melociy 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
~D _4 Ap'" 2('06
Doyle 0 CurtiS
Chief Administrative Law Seetior
Senior Assistant City Attorney
For City Attorney
j6\PARf<);RJ, .2,.3p.;u,j 'Its i 040,~J(, ; <11!i ,<', iIUelLea,.,.,F,ellew"OI Old.do,
-
Paqe 1 of 19
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 51 ATE OF TEXAS
~
9 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
(8) 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 '\(Doyle, 03. 05\PARK&REC 27\Special. Events\06.0 104DC.T xlnt!. YachUetLease. Renew. 20 17. doc
Page 2 of 19
(K) Marina means the Citys Municipal Marina
(L Police Chief means the City's Police Chief or the Police Chief's designee
(M) Premises means the site for the Event, more fully described in the attached
Exhibits A. B, and C th~t are incorporated by reference in this Lease as if fully set
)' ,t if' their 8ntiwty
(N i 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 01 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 pm. 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 0
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. (Schatzelf) to the north right-of-way of Star
St (Star), includmg median and crossover areas within the above area subject to
the restriction in Section 4(8) 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
'!DO'..'..n 05\PARK&RF.C "7\Soecial E "~'lts\"6.0"'4DChlntl'8cr' ),,' i ease, Renew 20F.dor
Page 3 of 19
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
fcv:ilities will be covered undm 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.
(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 (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).
C.I(Dovte m05\PARK&.REC ?7\SpeclaIEvents\06.0 !04DCTxlntl YachtJetLease.Renew.2017 doc
Page 4 of 19
(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
cneck 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, 01 for repairs to City property; provided, however, City
will attempt to provide Lessee with reasonable notification before these expenses
=I' incurred to 8110w l_esseE~ to provide the necessary' corrective action at Lessee's
ClISt. If none of these costs are incurred and actual and direct costs are paid as
bdled tllS de[}o~ It will tw returned to Lessee \Nithin 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,
(8) 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 actuar and direct costs, incurred in assisting with the Event, may
include, but are not limited to, the following:
f 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
C'\(Doyie 0305\PARK&REC 27\Special.Events\06,0104DCTxlntl. (achUe'l easeRenew.2017 doc
Page 5 of 19
Security and Crowd & Traffic Control: Costs of City Police Officers provided
for security crowd control, traffic control, and off-site traffic control, at
applicable C:;ity 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 bv 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.
(8) 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
City of Corpus Christi
MMD Communications
1201 Leopard Street, 78401
P,O, Box 9277 78469-9277
1801 S. Federal Highway
Suite 224
C'\(Ooyle 03 05\PARK&,REr' 27\SpeciaLEvents\06,O-' 04DCTxlntL Yachl Jel,1 ease.Renew.2017 doc
Page 6 of 19
CJ!IJUS Christl. T 8.:.as
Delray Beach, FL 33483
(-\61 I 880-3461
F 1\)< (361) 880 38G4
(561) 279-0410
FAX (561) 279-0433
Email SallvC;(Q)ccrexascom
Peter@iYls.com
Either f)arty may crlange the address to which notice IS sent by uSing a method set out
above Lessee shall ilotify 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 closurE'S 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
'f! the P"e~ises 'naps (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
reqlwe i..essee to provide temporary directional signage to the nearby
attradiufls/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
(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
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Page 8 of '19
CIty receive <:it It;ast thirty (3D) days written notice of cancellation, intent not to
renew. or matenal 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,
C:VOoyle0305IPARK&REf }7\Snpc,<,IF"pqlsIOfi.f1' '40(' T'e1nt!8cht Ie' iQ3se.Renew 2017.doc
Page 9 of 19
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.
(8) 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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a City-County Health Department permit for each booth selling food and all
assoCiated permits for food handling
:' i a Promotional Event Zoning Permit and a Temporary Structure Event Permit
with a Certificate of Occupancy from the City's Building Inspections
Departmf=mt
a Street i >Iosure Permit from the City s Traffic Engineering Department;
4 i a Special Event Alcohol Permit from the City's Park & Recreation Department;
" a SJlicitatio, Permit fruill the City's Collection Department;
f 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 I a Helicopter LandingITaking Off Permit from the City's Airport Manager
(8) Lessee must also obtain permission from the U.S. Coast Guard for use of the
navigable Natervvays 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
98ch day AI! trash cleaned up must be properly deposited in trash bags provided
bv Lessee and taken to a location designated by Lessee.
(8) Lessee may hire and work its own clean-up crew during and atter the Event. If the
Director determines that additional clean-up is necessary, Director will give Lessee
or Lessees 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 usp of City workers, and the cost for the labor provided by the City's
clean-up worker~~ shall be billed to Lessee as an actual and direct cost pursuant to
Section e of this :"'eas8.
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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Page 11 of 19
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 \ 1 '18 construction work for displays, stages, electrical, etc., within the Premises or
adjacent closed streets shall be conducted in accordance with the City's building
(',tries c:<nn rpstw'tions
(8) Construction requested by Lessee that can be foreseen by City to cause damage
snail 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.
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Section 29 Emergency Vehicle Lanes. Lessee shall, at all times during the Event
and non-exclusive use periods, rnaintain emergency vehicle lanes upon the Premises
as may be deslgnatet by the Citys f=ire Chief. Lessee must ensure that all emergency
vehicle lanes are kep1 clear Of all obstructions
Section 30 Fence lessee Inay :wwide i1t Its sole expense, a temporary six foot (6')
chal'l 111,k f8nCE' \~!lthlates frr ;:1"C""5 as shown on Exhibit A. The fence will help
impruve security crowd control. litter control and keep bicycles, skateboards, animals,
and 'Pi sonal" llpfSlut of nlp FI'P'lt areCl
Section 31 Admission Fee. Lessee may charge an admission fee within the fenced
portion of the Prenlises 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 ,;ttorney at least two (2) weeks prior to the Event.
Section 33 Assignment. Lessee may not assign or transfer this Lease nor sublease
the whole or3nv part}f the Premises without the prior written consent of the City
Councl!
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 anv 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 exuenditures required by the City for the provision of services
reqUlrccl by this LuasG 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
budge' If the expencJitures 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
tenninate this Lease without recourse bv 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.
(8) 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 Countv 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 r'egarding 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
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Page 14 ot19
Section 44 Survlvai of Terms t~[minatioll or eXplratl()il of this Lease, for any
reaS()(1 shall not reledse eitner Darty from any iiabilities 01 obligations set forth in this
Lease that (al the parties have expressly agreed shall survive the termination or
expiratlon:)- (bl remain tc~ be perf-'rmed or by their nature would be intended to be
appi;(~.1ble fcllmving the ter:nrna:IU[l or expiration
Section 4S Construction of AmbiguitIes.! tIe parties expressly agree that they have
eac 'fldepe1d",'lit:y i-jacJ and ur"j\:;istood thiS Lease L\n\ ambiguities in this Lease
stlail nut b,~ ~();)stl ue.] against U1P draftel
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. Thrs 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 Lessees operations and the Premises to be used in the
operations tha' are the subject of this Lease
Section 48 Severability.
It is the definite mtent 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 !t is held illegal invalid 01 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.
It the Manna 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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Page 15 of 19
SIGNED IN OUPUCA TE, edcti or whlctl stlall be considered an original, on this the
08\ 2006
ATTEST:
CITY OF CORPUS CHRISTI
Arrr"dn,jo Chap.-l:it\ Secretary
George K Noe, City Manager
S
AC;~ED AS TO LEGAL FORM ;f January 2006
~~~s
Chief, Administrative Law Sectior'
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS ~
S
COUNTY OF NUECES S
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
..[') ."'.,
Slgnatuce
.
I
I r ~_
Pnnter~ "Jc' ',l?
f~r 3r)/c:r.l1
Title r-res!den'
[ 'atE"
/-
i ')
STATF OF FLORID! S
! L . S
COUNTY OFtL ..~. .. j J. ~-=--_ __S
This Instrument was acknowledged before me on 'JC:uh~ S- ~L , 2006, by
Peter Bryant President of MMD f:ommunications, a Florid orporation, on behalf of
said~orpc;:>f;atiop
- \, ,
hi C<~'i_lLL<~:..~(k:L:"I:L ~='__.. ___
Notar)lPublic State (f Florida ""~W! r:r[j::N~lmE^RS()~'.r'
\"~ C;DL~il~;SSI' !:- 'JD 1G37oS EX1':r,E..:..
h~l"; 7 20D6
Printed name
:iQ'ii)EO ";H?'J i:- OJ': F ~:~ l;~SDr.!. ;':2t
Commission expires:
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.......... ..""""
EXHIBIT D
Page 17 of 19
TEXAS INTERNATIONAL YACHT & JET PLANE SHOW
YEAR
NON-EXCLUSIVE USE PERIODS
2( l()
1) (," :) 'n !1onday AI" )~ JC)(I?
thru 60( p n Monday Apr. 30 2007
2008-12 1201 p.m. next to last Monday in Apr
thru 6:00 p.m. last Monday in Apr.
2013-17 1201 p.m. next to last Monday in Apr.
thru 6:00 p.m. last Monday in Apr.
C:I(Doyte 03 05\PARK&REC27\SpeciaIEvents\06.0'i)4DC.Txlntl. YachtJet.l ease.Renew2017 doc
4 DAY EXCLUSIVE USE PERIODS
f)'OO 8 nl Thursday, Apr. 26, 2007
thru 6:00 p.m. Sunday, Apr. 29, 2007
6:00 a.m. Thursday, Apr.
thru 6:00 p.m. Sunday, Apr.
6:00 a.m. Thursday, Apr.
thru 6:00 p.m. Sunday, Apr.
INS"RANCE REQUIREMENTS
Page 18 of 19
EXHIBIT E
.L Lessee must no! commence work under this Lease until all Insurance required herein has been obtained and
such II1surance has been approved by the City. The Lessee must not allow any subcontractor to commence
Nork u 'tll!1 "Imlw !'~S ira'ree re~uired I)f tfle subcontractor has been clbtained
f Lessee Piust furnish te: thi, Risk Manager two (2) caples of Certificates of Insurance, showing the following
l1inlml::1 overage ~)y ''1SU' aflce conlpan Ii S) acceptable to lt~e Risk Manager. The City must be flamed as an
addltlolid 'nSlJred fur .11i i'abillty PCd!CI8S 2nd a blanket waiver of subrogation is required on all applicable
Dolicie:
TYPE OF INSURANCE
30-Day Notice of Cancellation, non-renewal, m
, change or termination required on all certlfic
r--~-- ---.----.-
I COMMERCIAL GENERAL LIABILITY including
Commercial Form
~ Premises - Operations
, Products/ Completed Operations Hazard
~ Contractual liability
: Broad Form Property Damage
Independent Contractors
Persona/Injury
,
'6
I -,
! f
~
I LIQUOR LIABILITY
I 1 Vendors providing ana/ or selling alcoh
r-.--...-,----,..-.----.-~--.~.--.-.......---. .._.. ..n__.._._.__._._
I
AUTOMOBILE LIABILITY Owned. Non-owne
rented vehicles
1 Contractors & Subcontractors delivering t
stages, bleachers, temporary structures and
other large items
.t Lessee workers and vOl inteer:3
I WORKERS' COMPFNSATION
~ EMPLOYERS' LIABILITY '_~~'__
i ACCIDEN-j POLICY FOR VOLUNTEERS
L_~
.r-.'-.- MINIMUM INSURANCE COVERAGE
.----.--- 1---.-----.-- --
aterial Bodily Injury and Property Damage
ates
$1,000,000 COMBINED SINGLE LIMIT
01 $1,000,000 COMBINED SINGLE LIMIT
--.---- r---'---" -- ...~..._--,-
d or I
I
ents, $500.000 COMBINED SINGLE LIMIT
AT A MINIMUM, STATUTORY LIMITS of $20,000 I
$40,000 for BODILY INJURY & $15,000 for
PROPERTY DAMAGE
_._-
Required if Lessee employs any person other
than himself/herself:
WHICH COMPLIES WITH THE TEXAS WORKERSD
I COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100,000
<.=_.
$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
internationai Yacht & Jet Plan!" Shqw ins rel'
12-16-05ep Risk Mgmt
c: I( Doyle .03 05\PARK&REC 27\Specia! Eventsl06.0 1 '4DC Txlntl'y acht leU ease. Renew 2017 .doc
Page 19 of 19
II ADDITIONAL REQUIF(EME~TS
A Lessee must obtain workers compensation coverage through a licensed insurance company
[,btamed In accordance with Texas law, The contract for coverage must be written on a policy and
,'ndorspme'lt,:, ap;xoved b; the Texas Department of Insurance The workers' compensation
overaqe D1oVide,' must tJ8!1 ;1 Clmounl sufficient 1i) fH'Si ,re that all workers' compensation
lhligatiorlsncurre:1 by the i_esseE will be promptly met
B ,ertliicdte ,,1 I iSU! dnce
The City of Corpus Christi must be named as an additional insured on the liability
coverage Compensatiop 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
'leu of modification of the ACORD form, separate policy endorsements addressing the
same substantive requirements are mandatory
lhe 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.B, (1 )-(7) are included or excluded.
International Yacht & Jet Plane Show ins re'1
12-1&-05ep Risk Mgmi
C:\(Doyle.03.05\PARK&REC.27\Special. Events\06,Q1 04DC.Txlntl. YachtJet.Lease.Renew. 2017 doc
12
CITY COUNCIL
AGENDA MEMORANDUM
May 23, 2006
AGENDA ITEM'
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. (second
readinq)
ISSUE'
The City IS In the process of deploYing a City-Wide Wireless Fidelity Broadband Mesh
(WiFi) Network. COlmcd 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 Deveiopmtont Corpolatlon (CC DCDC) to provide structure and further
capitalize on the opportunities the WiFi network present. It is desirable to install certain
wireless communications equipment in the Public Rights-of-Way. A franchise agreement
between the City and the CC Digital Community Development Corporation is needed for
this purpose
REQUIRED COUNCIL ACTION: City Council approval is required to authorize franchise
agreement with the CC Digital Community Development Corporation.
PREVIOUS COUNCIL ACTION: On April 25, 2006, City Council approved first reading of
this ordinance, and also approved Agreement for Services between City and CC Digital
Community Development Corporation and the Facility License Agreement with AEP.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the item as
presented
(.~.t. c.._~i.
Ogilvie Gericke,
Director of Information Systems
\"1 ORDINANCE GRt\\lTINC TO THE ('( DIGITAL COMMUNITY
!)F\'FI()PMF~';'T CORPORATION A NON-EX(LUSIVE FRANCHISE TO
\ W)'R\J L \L\INTAIN, CONSTRlICT. EXTEND, ANI> UPGRADE FACILITIES
\ 11' lln "IT, OF COH.l'lIS (HRISTI CITYWIDE INTEGRATED WI-FI
'lFTWOIH\ 11\ rHF PI iB) I( RICIlTS-OFW,\ \'
\\HFIU: \S. rhl ,'it\ III OlP'h l 'hristj Il'xas (the "Cit\ >0) and the CC Digital
COI11l,:li'lit\ i), \l 'p11L'1 t ('urp",dlj'l/l <ill' "l (lrpor;ltilll)") 11"\l' 'n1ered into the Agreement f()r
Servlu> Behncll the CI \ of' COlpU:' \ 'I1risti and the CC Digital ( 'ommunity Development
CorporatIon (thc'Agreement") ill connection \vith implementation of the City of Corpus Christi
City\\ ilk lI1lL'gl,tkd \\1- j NL'lv\(ll-h (lIk' Network I
"-iOW, llIERE10RE, BE II ORDAINED BY THE CITY COUNCIL OF THE
ell') OF COnPl rs CHRISTI. TEXAS:
SECTION 1. ILl' City hcreb~ grants to the Corporation a non-exclusive franchise to
operatc. maintain, constrLlct. extend, and upgrade facilities of the Network in, over, under and
acros' the publ1c nghts-cf-way o1'the ('ity. including. without limitation. the right to erect poles
or ofl. 'I ~!rllllu"','> (()I r,t< io<; ,md The n~lht to in<;ta]] fiber
SECTION 2. The term of the franchise shall commence on the effective date of this
franclilsc and shall cuntinue in effect through July 31. 2016. The City may terminate the
francl)Jsl, earlier if the Clly terminates the Agreement.
SECTION 3. In consideration uf the granting of tIllS franchise, the Corporation shall
wisfac:tm-Hj-' perform ~ts dutic-sund{)hli gati{}ns'underthe-Agreement~ -. ~-~--- - --
SECTION 4. All construction. excavation, or disturbance of rights-of-way shall be
carried out according to the requiremenl~ of the Director of Engineering Services of the City,
including requiremen1s t, relocali' Corporation f~lCilities and to repair or restore City property, at
Corporation's cxpcnsl'
SECTION 5. Terms used herein shall have the meanings prescribed in the Agreement
unless the context req uircs otherwi se
SECTION 6. rl1<' Corp()latior,;]ulll provide indemnification and insurance as provided
in the \greement.
City,
SECTIOf" 7. rIllS franchise rnay not be aSSIgned WIthout the written consent of the
SECTION 8. The Corporation shall pay all costs of publication of notice of this
Ordinance
Sli~CTION 9 TI:is' franchisl' \lidinance shall takl' effect when the following two
condltilll1s have beCl1ll1ll: ].1 si:>..tv (hU) days have expired since linal adoption by the City
C\1umi Jnt!]) thl' (,)rl'clratl..1I1 !las til,'d it5 \\I'itt('n acel'ptancl' i\ith the City Secretary pursuant
to actiO!' b) its B(l,ud ot Directl.] S
That the fore~Jolng)rd!nance was rP8d for the first time and passed to its second
read rlQ on this.cR;-t- day of__~~. 2006, by the following vote:
~
(
'~
/.1 l.,. [
~rL
~
_n~
~
Hem \ Jc!n eU
Brent Chesney
Meio:lY \,OUP(.;i
JerrY,)di Clcl
Bill kpllv
John E Marez
a:r
a-:;~ ..
/J1.-IY
~-
Jesse Noyola
Rex A KInnison
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day Of 2006 by the following vote:
Henrv (=Jarrett
Brent Ctlesney
MelodY Cooper
Jerry Garcia
Bill Kellv
John E. Marez
Jesse Noyola
Rex A Kinnison
Mark Scott
-p;n.-SSED7\ND APPROVED,tliis the
ATTEST
da of
y -- ---- -
- -- ~LU06,-----__n__-_-
Armando Chapa
City Secretary
APPROVED: ~ L$ 2006
i..A/)/L~V.J/;'-J
Lisa AgullarT - -
Assistant City Attorney
for City Attorney
Two readinG ordinance vote sheet doc
Henry Garrett
Mayor
13
CITY COUNCIL
AGENDA MEMORANDUM
May 23, 2006
AGENDA ITEM
Jt)lic 0 insider the City'S :-::omprehenSiv'e Plan by amending the Master
::>Ev,'f:' PI~.,;) (MastH S3! Sewer Plan for the Southern Portion of Corpus Christi)
al id resundlng the SPA 30 Sut BasIn Sanitary Sewer Master Plan, by approving and
adopting the Was1ewater {~oilp.ct,on System Master Plan 050 W RP Service Area, Sub
Basin SPA 30 and
~', Jmdnce appl ovng the 8me:,dil:ent tu the Cltys Comprehensive Plan by amending the
Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southem Portion of Corpus
'Ist~'~jn '109 H'c;'-:)! '::ub Basil, ~:;anitarj Sewer Master Plan, by approving and
, ;v/:J1,::" "-,-. '''la;, "so\/VRP Service/vea,Sub
8dsln SPA c,Q ani: declanng an emergency
ISSUE :"'8 adoot,cl,j uf tr,:; Wastewate,ollectloii System Master Plan, 050 W.RP. Service Area
3ub 8dS S 3 niJdr,sses pl':5E:i, ".110 tuhHE- deveioprnent in Sewer Planning Area 30 by
provid!!!g an '.ipdate Ie thi ex!sting master plan 'he amendment to the master plan is part of the
''':;ity Cu n0rehe;'Si\ ~ iaf. 3ubJecl ,(, '-lh..iHCil approval
RECOMMENDA TION: Slaff recommends approval of the ordinance as presented.
/~>~/t~ /t/
rJlichaE I S fH
',',ctl!lg Ji ectv d
'ne~i'
\- ~ ~)::
#!l Ie E:..v~ 41lyp6
g I R Escobar, P E.
, [)lrector of Engineering Services
/1
~::;~t4-1#1Jt
Attach It. :t5
.;:<.nib;i
E>:hibil E'
Exhibit C
Exhibit [
,,-,au.graunG titan idliOL
[ xisting 1983 Sanitary Sewer Master F'lan
Proposed Amendment to Master Plan sub basin SPA 30
Proposed Amendment to Master Plan sub basin SPA 3O-Uft Station Phasing
\GENDA MEMORANDUM
~(iOtT'ONAI.. BACKGROUND INFORMA TION
SUBJFCT !\nlP'lirlPr' tn t",:: i ClH !\!1rlstpr '-;;::tnlfRfI ~("Wpr 'IRn for the Southern Portion
('.0
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VV.RF)er\c CO f\ie, ~-dt Bas f ';~'
BACKGROUND fhe ( Ity r,=>cc>gn!7eO a neeo for addltiona! wastewater master planning
10 reSr\OiiSe to slbejiVI'.ior iF r>lcf,rY1ent r tht"? s)llthern area of the City In
response to the need for master plannIng the City contracted wrth Brown and Caldwell to
prepa! enastei pians f( twelvE selected afeas of the City and their first effort is a Master
Plan fe,r Se\lt1er P1anniri l~,rp? :(rl ~Pl\ 10\
The aOjectlve of the Master Pian IS to provide a wastewater management system that
rneet~(r' neecie; d trlE' Sur, t'F'H'n A o,uArp"" lnrOU~l'lout IilTPnm development and final
build uu' The analvsls of Sewer PlannIng Area ,"SO Suo Basin addressed the interactton
of fou ! n statiOIl:-.O\ erage ( tht.;ervice area boundary review of the service area
t)OUnOaf a"d !!.tc.>I",it') )f '-{"lie ,i r:r)ns'ste" ;,,!ltr' the ::iopted laf"ld use master plan
Differcn'8s netvvee! tr'8 eXistl'lO T2ster olan ar.a the Dror:nsed master plan are shown
[JeloVl
. rle ~er"lct; dIe,,; boundanes >ii the proposed ,naster plan are more clearly
defined tOI each lift station
.
T:.,...,
~ : ....--;-
r"15+8:- p:.c
ujes "ft 7?J ~',"
~ ")DDDSed to 3 in the 1983
::)st'f 01
. r !t~, ,i\CjOP ed F:ll ':" fiO lis,' ,'!d,\(i: W8'~ incorporated into the
UP! '5f>(i f'klste pial'
. 1 tie City s 2003 L1DAR elevation data was Incorporated into the proposed
l'Ylstpr nl8n t-, f"nrC'-Nf"prtl'! rppresent tho ~Ur.b8s'n's topoqraphv
The fl"2 de!lverc'lD!p f~d Br:,)'t:l: anu Caldwe!l s stud}' ')f SPA. 30 Includes a wastewater
collect ion system mash:::r plan and aSSOCiated iand use and planning maps that show the
recommended wastewater collection system improvements for SPA 30 with a lift station
Implernentation-phasing chart
Plann Comnw;slon Nill revIew the proposed amendment at the regularly scheduled
meeting on May ~'l 20C)6 and is antIcipated to recommend adoption.
EXHIBIT A
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MASTER SANITARY SEWER PLAN
~QR SOUTHERN PORTION OF
CORPUS CHRISTI TEXAS
ADOPTED BY ORDINANCE NO. ',7743
ADOPTED: JULY 27 1983
EXHIBIT B
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rr.;;:;- % DEVElOPEIJ PUItFS HI' MOtJE1 /UF. DIA R
Df1!EWPfD (acses) (tmJ) fflpm)
,...L. < 54~ < 151 2 -750 15 NP3127 188 700
L .3-. ~ ~ J . 1.5 NP3127 188 12fKJ
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I Exhibit C I
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i (mm) ! (gpm) (gpm)
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NP320 'to ~8()..~.~.. 1475 ......147..5 __..1.'
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6( . CP3231 I 375
.~ . ___L__.._____. __ __,_.____
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FLOWS CAPACITY
(gpm) (gpm)
1240 1250
2600 2100
3600 3650
5200 5200
6250 6400
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DEVELOPEC' PUMPS.i'. ~P i....~V.10DE,.,.'...r/M.. !m'mDJIA FLOWS CAPACITY
i DEvELJPFD (acres . I', (gpm) (gpm)
~ t
(['<IST'l < 490 2 - 12_501. 2Q _+C;P31~2~ 263 1240 1250
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:42S"8~H~~ ~~ 1{~~~F~~~n 3600 - 3650 n
r 4 it. 44~~ l_go~P~1 i _450 4950 5000
L . %1 i ~: ;~~J ~t Jg,;;; I . ~~~ 6250 635~
*PhFe -: i!7c/udes ('Ie I islalalion 01 tile Melli/Dna16200 LF !2in (olce m8if' to Wooldridge LS
~~E:~r~~~;:!~'~~
LIFT STATION PHASING
WASTEWATER COLLECTION SYSTEM
MASTER PLAN
OSO W.R.P SERVICE AREA
SUB BASIN SPA 30
EXHIBIT 0
t_
Page -1 ~~
AN ORDINANCE
AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE
MASTER SANITARY SEWER PLAN (MASTER SANITARY SEWER
PLAN FOR THE SOUTHERN PORTION OF CORPUS CHRISTI) AND
RESCINDING THE SPA 30 SUB BASIN SANITARY SEWER MASTER
PLAN, BY APPROVING AND ADOPTING THE WASTEWATER
COLLECTION SYSTEM MASTER PLAN, OSO W.R.P. SERVICE AREA,
SUB BASIN SPA 30; PROVIDING FOR SEVERANCE; PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE
WHEREAS tilE: !")iClnr Ing COiLnsC>lun has tOlvvarded to the City Council its reports and
recommendations con:~ernlflg thE adoption of the \Nastewater Collection System Master
Plan Oso VIP P ;:;er/lceArea Sub Basin SP/-', 30
WHEREAS, with proper notice to tile public, publiC hearings were held on Wednesday,
May 1( 2006, duriilg ] meetillg 'he Planning Commission, and on Tuesday, May 23,
2006 during a meetin~J of the City Council In the Council Chambers, at City Hall, in the
City of Corpus Christi dUring which all Interested persons were allowed to appear and
be heard ane
WHEREAS, the City (ouncil ilas determined that this adoption would best serve public
health, necessity and convenience and the general welfare of the City of Corpus
Christi and its Citizens
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS'
SECTION 1, That the Citys (~omprehensive Plan is amended by amending the Master
Sanitary Sewer Plan, adopted Ju1v 27, 1983 by Ordinance No, 17743 (Master Sanitary
Sewer Plan for the Southern Portion of Corpus Christi) and the Wastewater Collection
System Master Plr-m Oso \/V R P Service Area Sub Basin SPA 30 is approved and
adopted and mad,,, 2 part of thE: omprehenslve Plan of the City of Corpus Christi, as
shown In Attachment 1, which IS attached to and Incorporated into this ordinance, A
copy of the Vvastewater Collection System Master Plan, Oso W,R.P. Service Area, Sub
BasI' SPA 31) i2 Ot i fil:: With the C Secretary
SECTION 2 That ani ordinance CI part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance
SECTION 3 fhe City Council intends that every section, paragraph, subdivision,
clause phrase word ()f 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 Irlvalid 01 unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdiVision. clause p'lrase, word or provision of this ordinance,
H'\I.E' [:>'~ de;"Iil"o,Gd 'i,j.; "'811iIlvI35lt
Page .l.
SECTION 4 PubliCatl'ln shali be 'llade In the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christl
SECTION 5
ordinance
Thl~ ordinance shall take effect upon and after publication of this
H:\LEG Di"'UeanniE\Ga";\().j-ai iendMaste >Iar
Page 3 uf
That thf' foregolf)~] or lmance was read fry the first time and passed to its second
readi";:)in thi<; fhei8 nt 2006 by the following vote
Henry (,arrett
r~ex A Kirll !lSOfl
Brent C'lesnei
lohn Marez
Melody <:::oopel
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kellv
That the foregoing urd nance was 1 ead for the second time and passed finally on this
the day of 2006 by the following vote.
Henry Garrett
Rex A Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kellv
PASSED AND APPR(lVED H11S thE"
day of
,2006.
ATTEST
CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa
City Secretaf\
--
Henry Garrett
Mayor
APPROVED' May 16 2006
~\iJ~m~~) ,dl,_
Assistant City Attorne\
for City Attorney
rl:\LEl \Jeanllie'(' a . ,01 arnel:df\/ o,"tH r i.i i doc
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MASTER SANITARY SEWER PLAN
UllfEBN PORTION OF
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CORPUS CHRISTI, TEXAS
ADOPTED BY ORDINANCE NO 17743
ADOPTED: JULv 27 1983
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Page 3 of 4
[LS #~3 OPT'ON 2 J
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~ Attachment 1 II
Page 4 of 4
14
AGENDA MEMORANDUM
May 23, 2006
AGENDA ITEM:
a. Public heanng tll amend the Platting Ordinance of the City of Corpus Christi by
adding the authority to delegate duties under the Platting Ordinance and specifying
authority for signing plats by a professional engineer employed by the City.
b. FIrst Reading Ordinance to amend the Platting Ordinance of the City of Corpus
Christi by adding the authority to delegate duties under the Platting Ordinance and
specifying authority for signing plats by a professional engineer employed by the
Cltv
ISSUE: To improve the efficiency of the platting process the proposed ordinance
delegates certain plat authority to the Development Services Engineer with respect to
approval and recordation of plats
REQUIRED COUNCIL ACTION: Provide opportunity for public input and adopt ordinance
to amend Platting Ordinance to add a provision for delegation of authority and revision to
Section !II.H 1 k) (1), Section III.H.5 Section IV.A.12.c)(3), Section V.A.3.a)(1) and Section
V.A 3 c)
RECOMMENDATION: Staff reconlnlends the proposed amendment to the Platting
Ordinance
,/l.)~j/ ..-.?L1rv6 /
I R Escobar. PE
kector of Engineering Services
Attachment
Exhibit A Background Information
Exhibit B Ordinance
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT platting (irdinan::>:l\mendment to Delegate Duties and Specify Signing
Authonty tor Final Plats
BACKGROUND:
The City of Corpus Christi is committed to improve the platting process under the direction
of the Department of Development Services
The proposed Platting Ordinance amendment IS intended to modify the development
process to delegate authority to subordinates and improve responsiveness to the public.
Approval of this ordinance will authorize the Development Services Engineer to sign and
appro\<ts all platsec Jrdatioi
The effiCiency will be realized in the current time frames with the Director of Engineering
Services/City Engineer being required to sign all plats. By transferring this authority to the
Department of Development Services. once the Development Services Engineer has
approved the plat the plat can be signed and recorded without further delay.
Planning Commission at the regularly scheduled meeting on May 17, 2006 will review the
proposed amendment and is anticipated to recommend adoption.
EXHIBIT A
rJage 1 ()f ,::,
AN ORDINANCE
AMENDING THE PLATTING ORDINANCE BY ADDING THE
AUTHORITY TO DELEGATE DUTIES UNDER THE PLATTING
ORDINANCE AND SPECIFYING AUTHORITY FOR SIGNING PLATS
BY A PROFESSIONAL ENGINEER EMPLOYED BY THE CITY;
PROVIDING A SEVERABILITY CLAUSE. PROVIDING A REPEALER
CLAUSE. PROVIDING FOR PUBLICATION: AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
SECTION 1 fhat Section iC,ener'al. of the Platting Ordinance of the City of Corpus
Christ! Texas IS amended by adding a new subsection D "Delegation of authority,"
which shall read as follows
SECTION I .- GENERAL
I. D. Delegation of authority. Whenever a section of this Ordinance requires
or authorizes an officer or employee of the city to do some act or perform some duty, it
shall be construed to authorize the officer or employee to desionate, deleoate and
authorize subordinates to perform tb~ act or duty unless the terms of the section
specifically provide otherwise
SECTION 2. That Subsection H dFinal Plat. of Section III "Procedure," of the Platting
Ordinance of the City cf Corpus Christi. Texas. IS amended to read as follows:
SECTION III - Procedure
III.
H.
Final Plat:
III.
H
1
k)
(1 )
STATE OF TEXAS
COUNTY OF NUECES
This final plat of the herein described property
approved by the Dep3rtment of Development
€ngineering Services Enqineer of the City of Corpus
Christi, Texas This the __day of , 20_.
Q.i.rector of Engineering Services/City Engineer
Qevelopment Services Enqineer
4"\LFG-",jp '--}'1ar~>rJ\( ;ac:~no ?OOS"~5 "va! dr
a\> at
II
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Uron appoVCl' .)f a final plat. the applicant shall acknowledge all
re( juired improvements as specified by this ordinance and found
ap;)licable ~)y t'le Planning Commission. The Hire€teref
Development Engineerffi~ServiceslGi+y-Engineer shall not
81 JOIse !tIe fl':-11 plat ilntil sevpntv-flve Dwcent (75%) of the
'-equlred 11'-JprUVements 31-e 1!1 place and In compliance with Section
./ Paraqr;nJt, f\ SUbPC:H3CjrrJOtl 3 a) Of until security for the
::;0 lstruetl! n ,)f the improvements has been provided in compliance
with Seetlun 'j Paragraph A. Subparagraph 3.b) or until payment in
lie uf lhe Gunsieuction of a naif street or payment for the half street
an related mfl dstructure Improvements has been received in
acordanc evviH Section IV Paragraph A, Subparagraph 12. The
Chairman and the Secretary of the Planning Commission are
authorized to endorse such final plat as approved and allow said
ole to l)e f:::CUf CJ ed with the County Clerk of the appropriate county
ur Sdlctlor /.\1; 'equlred fees shall be paid prior to recordation.
SECTION 3. That Subsection A. "Streets." of Section IV "Design Standards," of the
Platting Ordinance cf tre City cf Corpus Christi. Texas. is amended to read as follows:
SECTION IV - Design Standards
*
IV.
A
Streets:
i,- I
! v.
,
'-\
12
J)
(3 )
The deposit of the City, if any, and the deposit of the
subdivider shall be in an amount as determined by the
_Ay Council and shall be posted to the Infrastructure
feust Fund prior to the Director of Development
Fnginooring ServiceslGHy Engineer signing the plat;
seCTION 4. That Subsection /\ "General," of Section V "Required Improvements," of
the Platting Ordinance of the City of Corpus ChristL Texas, is amended to read as
follows
LE(.:J-Llfi~'\( ;~~re(j C;;r'v'<:\,iCjfndaOOU\{)C'--L F"!r:P~:'I:f nOi
Pal,je j at 5
SECTION V - Required Improvements
V.
'\
General.
v
~1
Ihp developer shall submit to the-Dircctor of
Development Engineering ServicesfGtty--Engineer a
sworn affidavit requesting approval of the plat by the
Director of Q~\I'~loQment Engineering ServiceslGity
Engineer and agreeing to complete the required
public improvements in accordance with such plans to
the satisfaction of the Director of Engineering
Services/City Engineer prior to any occupancy of any
iluilding withIn the subdivision, and agreeing that
temporary utility service prior to completion of the
nmrovements may be terminated by the City with 24--
r notice It ~equired public improvements are not
(ompleted within ninety (90) days of recording the plat
Z JI replat:
'J
The 8+fee4Bf--e-f Q~veloQOlent Engineering ServicesfG#y
En<:]inee~ shall accept cash in lieu of construction of a half
street or cash In lieu of both a half street and either or both
of Its related water and sanitary sewer infrastructure
!mprovE~ments if the Planning Commission has approved the
olat containing the half street in accordance with Section
IV l::..,,12 and fle may sign the plat if the requirements of
Section IV.A.12 have been met and the Director of
~n--9-i.nEl(3nng Services/City Engineer Ae find~, within his/her
sole discretion. that seventy-five(75%) of the remaining
required public improvements for water, sewer, streets and
drainage as set forth on plans previously approved by the
DtFe€t&r efEngincenng Development ServicesfG#y Engineer
ha\!e been completed
SECTION 5. If tor any reason any section, paragraph, subdivision, clause, phrase,
word ilr provision of thiS ordinance shall be held invalid or unconstitutional by final
Judgment of a court of --:ompetent Jurisdiction. it shall not affect any other section,
-j\LF G ., R C:;harpd\( Jar
,2()[16'115,~ 'j PI]! jr.r'!')'val rY'
:Jt
paragraph, subej VISIOI clausE, phrClse, word, or provision of this ordinance, for it is the
definite intent of this Cty Council that every section, paragraph, subdivision, clause,
Dhrasp, word ')f [Jrcvls on 0t trls ordinance be qlven full force and effect for its purpose
SECTION 6 nlll" rdinanc EjS parts UrdlrlcHlCeS in.onflict with this ordinance
are h,.:'rt"by exor8ss,y r~pealeC'
SECTION 7. That publication shall be made In tt1e official publication of the City of
::':orpus C:hnst as rEqu red by he (itv Charter of the City of Corpus Christi.
SECTION 8. ThiS ordinance shall take effect upon and after publication of this
ordinan,e.
"\LEG-DiR iamij{.cw '3a'F"ICiZ006"S.2 I Pllii ,if [",val do'
,A
That Ulf foregoing I )ro nance,va~ I (-'ad for the first time and passed to its second
readif '9~ln U-,IS ffle jeU (l 2U06. by the following vote:
Hem, ()Clrrett
Rex A Kinnison
Brefl' 1eS'18\
JO!lfl Mare=
Melo! JV .ooppr
lesse NnynlrJ
Jerry c3arcla
rv1ark Scott
Bill Kellv
That thf~ foregoing ordinance was read for the second time and passed finally on this
the day cl 2006 by the following vote
Henrv (;arrett
Rex A Kinnison
Brent Cf:esney
lohn Marez
Meloejy Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kell
PASSED AND APPROVED. this thE: _~_ day of ______
,2006.
ATTEST
CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa
City Set retal)
Henry Garrett
Mayor
APPROVED' May 17 2006
~/~J/;~
. ary Smith
Assistant City Atton ley
for City Attorney
-I:\LEG-! )IF 3harec',,;al,;;\auenCl i..2006'C!5
1[,(.Ioval
15
1i
AGENDA M"EMORANDUM"
PUBLIC HEARING - ZONING (City Council Action Date: 5/23/06)
C,se No. 0406-09-Christus Spohn Health Systems: A zoning cha11ge from an uAB" Professional OffIce
District and "'"A-l ,. Apartment House District to a HB-l" Neighborhood Business District. "fl1e property being
Bayfront Terrace~ Block 4, Lots 10-13, located along Second Street and approximately 85 feet east of Ayers
Street.
Plannin2 Commission aJKI Staff's Recommendation (4/19/06): Denial of the "B-1" Neighborhood Business
District on Lots 1 0, 11, 12 and 13 and in lieu thereof, approval of a Special Permit for the parking lot on Lots
10, 11. 12 and 131 and subject to a site plan and six (6) conditions:
1. USES: Allow for a parking lot on Lots 10, 11, 12 and 13 associated with the hospital's facilities,
per the site plan. All other uses allowed in the "A-I" Apartment House District are pemtitted by
right.
2. FENCING: A minimum six foot solid (wood and/or masonry) fence shall be placed along south
boundary line of Lot 13.
3.
LIGHTING: Ifprovided, all outdoor lighting on the property shall be shielded directional
lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a
maximum of 20 feet in height.
~-)
4. LANDSCAPING: All landscaping must comply with the landscaping requirements of the "B-1"
Neighborhood Business District.
5. CO~ROL 4CCESS: Access to the parking lot is restricted to daylight shift employees, from
7:00 a.TI1., to 7:00 p.m., only. Such access shall be controlled by a gate arm with an identification
panel and/or card system located along Second Street.
6. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) years
from the date of this ordinance unless the property is being used as outlined in condition
#1 and in compliance \Vith all other conditions and City rules and regulations.
R~uested Council Actioll: Denial of the "B-1" Neighborhood Business District on Lots 1 0, 11, 12 and 13
and in lieu thereof, approval ofa Special Permit for the parking lot on Lots 10, 11,12 and 13, and subject to a
site plan and six (6) conditions as listed above.
hmose of Reauest: To allow for the newly constructed parking lot.
a..marv:
. The applicant is requesting a change of zoning from "A-I" Apartment House District and "AB"
Professional Office District to a "B-1" Neighborhood Business District to allow for additional
J parking associated with the apartment hotel and hospital.
._ ...fI"',.r~
-165-
Pcenda MenlOrandum
~e No. 0406-09 (Chrislus Spohn llealth SYSt\2111S)
Page 2
· Lot 10 is zoned an ~~AB" Professional Office District and is utilized as an apartn1ent hotel associated
with the adjacent hospital use. Such use is allov..'ed under the current district under Uapartment 11otel"
and has been operational for over 15 years. This property was zoned an "AB" District in 1975.
(r
· Lots, 11, 12 and ] 3 are zoned "A-l " Apartment House District and were vacant residential lots until
the recent construction of a parking lot use.
. A budding pern1i t for a parking lot 'Alas issued on Lot 10 based on the application address SUbll1itted
by the contractor during t11e pennit phase. After investigating a neig11borhood concern, staff found
that the parking lot was COl1structed on Lots 11, 12 and 13 and was in violation of the "A-I"
Apartll1ent House District that did not a11o\\I for stand alone parking lots. Staff notified the contracted
of this violation and issued a stop work order. The contractor and representatives of Spohn. Hospital
met with staff to resolve this issue. Staff informed all parties of the rezoning process.
. The parking lot constructed on Lots 11, 12, and 13 are planned to integrate with the existing
apartment hotel parking uses on Lot 1 0 that is associated with the adjacent hospital use.
. A "B-1" Neighborhood Business use \\'ould allow for a stand alone parking lot, but could allo",' for
various commerc.ial activities near the office/residential area. The subject property is located along
Second Street, a local road,~'ay, ,,'hereby commercial districts are not recommended due to traffic.
traversing the residential area. A Special Permit for a parking lot associated with the hospital's
apartment hotel could be supported.
~oIicant's Position: The applicant is in agreement with recomlnendation.
c)
l1otification: Of the eighteen (18) notices mailed to the surrounding property owners, one (1) was
returned in favor and four (4) totaling 10.96% were returned in opposition. The 200/0 rule is not
illvoked. This case is considered controversial.
~~~:t~
Assistant Director of Development Services
MGIFGM/als
~hmeDts:
1) Zoning Report
2) Planning Commission Minutes (4/19/06)
3) Ordinance
(-~)
tVLN-D J R 'SHARED\Gaj 1\ WO RD\A OEN DM EM \2 006\M arch \0409-09 AGEN DAM EM 0 .doc
-166-
'-
CITY COUNCIL
ZONING REPORT
Case No.: 0406-09
Planning Commission Hearing Date: April 19, 2006
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t:aI).... From: "A-I" Apartment House District and "AB" Professional Office District
1:1 ~ To: "B-1" Neighborhood Business District
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~~ Area: 0.86 acre ( 37,800 square feet)
Purpose of Request: To a11o,,-' for the newly constructed parking lot
Zoning Existing Land Use Future Land Use
If.) Site "A-I" Apartment House Medical apartment hotel Multi-family and low-
~ District and "AB" and parking lot density residential
v;
;:J Professional Office District
."
-= North "A-2" .Apartment House Hospital Public-semi public
~
~ District and "B-4"/SP
." General Business District
r=
~ with a Special Permit
bIJ South "A-I" Apartment House Single-family residences Low-density residential
c=
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c= District
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~ East "A -1" Apartment House Office and multi-family Mediunl-density
b.tJ District dwelling residential
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.... West "A-IY' Apartment House Parking lot on the "AB" Public-semi public
W'.)
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~ District and "AB" portion and a legal non-
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Professional Office District confonning parking lot on
the "A-I" portion
-167-
Zoning IZeport
Case No. 0406-09 (Chrislus Spohn Health Systen1S)
Page 2
~ rot)
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Area Developrnent Plan: Southeast - The future land use 111ap recommends multi-fan1ily and
1 office uses for the subject property. A 111odification to tlle plan could be in1plenlelltcd through a
Special Perlnit
Map No.: 045042
I Zoning Violations : Yes ~. The contractor of the property inad vertently listed the incorrect .
I addrLss of the:::: ubJcct pr\.)per1y \\'hcn requesl1ng 3 pernllt [or the park..ll1g lot. Lot 10 of the subject
property zoned an ~'A_B" District \vas issued the pem111 for parking instead of Lots 11, ] 2 and 13
zoned an '~A-l " District.
· l'he applicant is requesting a change of zoning from ~'A-l" Apartnlent House District and
'~AB" Professional Office District to a "B-1" Neighborhood Business District to allow for
additional parking associated with the apartment 110tel and hospital.
. Lot 10 IS zoned an ~~AB" Professional Office District and is utilized as an apartment hotel
associated with the adjacent hospital use. Such use is allo\ved under the CUlTent district w1der
"ap31iment hotel" and has been operational for over 15 years. This property was zoned an
"AB" District in 1975.
~
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00
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. Lots, 11, 12 and 13 are zoned H A -1" Apartment House District and were vacant residential
lots until the recent construction of a parking lot use.
. A building permit for a parking lot was issued on Lot 1 0 based on the application address (,..~_.m ~."_',t
submitted by the contractor during the permit phase. After investigating a neighborhood .-/ r
concern, staff found that the parking lot was constructed on Lots 11, 12 and 13 and was in
violation of the HA-l" Apartment House DistrIct that did not allow for stand alone parking
lots. Staff notified the- contracted of this violation and issued a stop work order. The
contractor and representatives of Spohn Hospital met with staff to resolve this issue~ Staff
informed all parties of the rezoning process.
. The parking lot constructed on Lots 11, 12, and 13 are planned to integrate with the existing
apartment hotel parking uses on Lot 10 that is associated with the adjacent hospital use.
. A "B-1" Neighborhood Business use would allow for a stand alone parking lot, but could
allow for various commercial activities near the office/residential area~ The subject property
is located along Second Street, a local roadway, whereby commercial districts are not
recommended due to traffic traversing the residential area. A Special Permit for a parking lot
associated with the hospital's apartment hotel could be supported.
~ Street Type Paved Section Volume
0 (2001)
~ Ayers Street Arterial 70' R.O.W. wi 50' Bk. to 4,210 a.d. t.
... Bk. pavement
I Second Street Local 50' R.O.W. w/ 28' Bk. to Bk. Not available
....
....
rI:J I I pavement I
( )
-168-
(~
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Zoning Rep011
Case No- 0406-09 (Christus Spolm Health Systems)
Page 3
rI'1
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I The subjecl property IS not platted
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'--rhe hospltal's apartment hotel and all assocIated parking is an extension of the public/senli-
publIc uses in the area, in lieu of C0111nlerCLal establishments.
Denial of the ~'B-l " Neighborhood Business District 011 Lots 10, 11, 12 and 13 al1d in lieu
thereof approval ofa Special Permit for the parking lot on Lots 10,11,12 and 13, and subject to
a revised site plan and six (6) conditions:
1. USES: Allow for a parking lot on Lots 10, 11, 12 and 13 associated with tIle
hospital's facilities, per the site plan. All other uses allowed in the "A-I" Apartment
House District are permitted by right.
2. FENCING: A minimum six foot solid (wood and/or n1asonry) fence shall be placed
along south boundary line of Lot 1 3.
CI':I
3.
LIGHTING: If provided, all outdoor lighting on the property shall be shielded
directional lighting and directed away frOTI1 adjacent residential uses. All outdoor
lighting on poles shall be a nlaximum of 20 feet in height.
4.
LANpSCAPING: All landscaping must cOlnply with the landscaping requirements
of the "B-1'" Neighborhood Business District.
5.
CONTROL ACCESS: Access to the parking lot is restricted to daylight shift
employees, from 7:00 a.m., to 7:00 p.m., only. Such access shall be controlled by a
gate ann with an identification panel and/or card systenl10cated alol1g Second Street.
6.
T~ LIl\1IT: This Special Pennit shall be deemed to have expired within one (1)
years from the date of this ordinance unless the property is being used as outlined in
condition #1 and in compliance with all other conditions and City rules and
regulations.
Number of Notices Mailed
Favor 1
Opposition 4
(As of April 25, 2006)
18
hment: Zoning Map
Site Plan
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F-R farm Rural District
RE aesJdential Estate District
RA One Family DWelling District
R-1A ,One Family DwelUng District
R-1B ;CRt Family Dwelling District
R-1C iOne Family Dwelling District
R-TH :1fmwahouse Dwelling District
R-2 -..ple Dweling District
T.1A'rnel Trailer Park District
T -1 B -Jlanufactured Home Park Disl.
T.1C 'lIa_actured Home
SulMlivlsion District
AB/SP
/97-08
B-2
1 (WATER)
B-2/SP
Case No. Z0406-09
Notice Map
A-1 Apartment House District
A-1 A Apartment House District
A-2 Apartment House District
AT Apartment. Tourist District
AS Professional Office District
J..1 limited Industrial District
1.2 Light Industrial District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
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B.1 Neighborhood Business District
B.1A Neighborhood Business District
B..2A Banier Island Business District
B-2 Bayfront Business District
BD Corpus Christi Beach Design Disl
B.3 Business District
8-4 General Business District
8.5 Primary Business District
8-6 Primary Business Core District
He Historical-Cultural Landmark
Preservation
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MINUTES
ltEGlrLAR })LANNING COM:MISSION 1\1EErrING
C:ouncil Chambers- City IIaU
"rednesday - April 19, 2006
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('hristus Spolm Health Systen1s: Fran1 an "AB" Professional Office District, and
a1) "A-I" Apartment House District to a "B-1 " Neighborhood Business Dis1:J.;ct
Bayfront T'errace ~ Block 4, Lots 10-13, located along Second Street and
approximately 85 feet east of Ayers Street.
Faryce Goode-Macon presented the above case \vith a slide presentation showing the subject property
located along Second Street and south of Ayers Street requesting a change of zoning for the purpose of
cOll1pleting a paliially constructed parking lot built in association \vith the hospital's uses. There were some
inconsistencies found on the building permit and to correct the error, the applicant is requesting the change in
zoning. Staff believes that the "B-1 " Neighborhood Business District is not appropriate for this area and is
reC0111111ending a Special Pennit to be approved within subject to a site plan and four (4) conditiol1S.
In ans\ver to COTI1ffiissioner Braselton's question, Mrs. Goode-Macon stated that seventeen (17)
notices had been mailed ",.ith five (5) notices being received in opposition bringing the opposition to 10.96%.
In answer to \l ice-Cllain11an Garza's question, Mrs. Goode-Macon stated that tIle "AB"
Professional Office District would not be appropriate as it doesn't allow for a stand-alone parking lot.
Public hearing was opened.
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John Bell, Attorney for Christus Spohn, 13750 Primavera, Corpus Christi, Texas stated that the
applicant has received a pennit for the parking lot to serve uses such as a guest house which would require a
" Neighborhood Buslness District wning. In lieu thereof, the applicant is in agreement with the Special
Permit alld four (4) conditions as reconunended by Staff. The contractor is three-fourths complete with the
parking project and should be conlpleted soon.
In answer to COlnmissioner Pusley's question regarding fencing, Mr. Bell stated that a decorative
fencing is planned along Second Street and a screening fence along the south side of Lot 13. There is an
existing six (6) foot fence located between the adjacent property to the south and approximately 18" into the
Christus Spohn property.
Kelly Taylor, 1720 Second Street, Corpus Christi, Texas stated that his residence was located at the
lOuthwest portion of the subject property. Mr. Taylor stated that after four (4) days of construction,
electrical lines were noticed approximately four (4) feet from the existing fence. The electrical1ines cannot
be within the landscape buffer. The fence was re-done a year ago using the existing posts. Christus Spohn
constructed the parking lot in the "A-1" Apartment House District which was a violation in the ordinance.
In addition, tllere was no landscaping planned. When it rains, Lots 12 and 13 will completely flood and, if
constructed on asphalt, it will drain into my backyard and garage. Regarding the lighting, the headlights
from the cars will be approximately five (5) feet from my property. Within the ''B-1'' Neighborhood
()
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Minutes Excerpt
April 1 Y, 20U6
Page 2
Business District, a ten (10) foot setback 1S required benveen my property and the subject property along
\vith constructing a separate fence for their property. The parking lot in the back is also in an
i',,1\.~l" /\partnlent I-IouseDistrict \~vith no screening for their trash receptacles and no screening fence.
Michael Gunning stated that the City inspectors will have to D1ake an evaluation before the final
Certdlca1e of ()ccupancyis received. COll1111unication "vas TIlade \vith I\1r. Ben that it '~las Christus Spohns'
rcspun:--:ibil it)' '.0 scn:'cn t11C p8rking 101 1'l"on1 the residential propertles
In ::1nS\\'er to ('ollln1issioner Pllsley.'s question, Mr. Taylor stated he had no problem with Christus
Spolu1 utilizing the fence as long as it \vas ll1aintained. In regards to the landscaping, Mr. Taylor stated that
the first three parking spaces are located right in front of my front window and preferred that the
landscaping bt' increased and the first t\VO (2) parking lots next to the residential lot be elilninated.
Jack C: ooper, 51 (J S. Staples, C~orpus Chlisti, Texas stated that he has been a menlber of the Del Mar
Association for twenty (20) years and had a similar experience vvith Spolm Hospital over a parking garage
on Lot #6. Mr. Cooper stated that this is against the future land use for this area. In addition, there is ample
parking available at the parking lot located across the street for the guest house. Christus Spohn has
purchased surrounding residential properties for the purpose of additional parking which has extended
further doVlll between Second and Third Street. When the parking garage was developed, it "\\'as funded by
the Health Facility Development Corporation, an organization that sells tax exempt bonds. Consequently,
property o,vned b)' Spohn Hospital on the south side is not taxed and property purchased on the north side
is. If they continue to demolish additional houses, they will ruin the residential area. They have been told
by the previous Planning Commission and City Council to solve their parking problems elsewhere. Mr.
Cooper urged the Plalming Conm1ission not to approve this Special Permit for a parking lot.
"
Eleanor Cartay, 1 726 Second Street, Corpus Christi, Texas stated that she has lived in the area for
thirty-five (35) years. The parking is very bad and there is a lot of traffic and another parking lot is not
needed there. Weare trying to keep our homes nice and our property values will probably go dovm.
Public hearing was closed.
Mr. Gunnulg stated that regarding the Special Permit conditions, Item #1 should be revised to
indicate that the parking is for the hospital facilities. This parking lot will be for the use of the guest house
and additional parking needed by the hospital. On Item #2, Christus Spohn must comply with the landscape
ordinance in connection with the "B-1 " Neighborhood Business District.
Vice-Chairman Garza stated his concern about the lack of parking during construction and stated
that he felt the subject parking lot would be an added benefit to the hospital.
Upon discussion with Ms. Goode-Macon, Mr. GUlUling stated an additional change should be Inade
to eliminate the first two parking lot spaces from the site plan to allow for additional landscaping and to
protect the tree on Mr. Taylor's residence. An amended site plan is required to be submitted.
In answer to COlnmissioner Salazar's question, Mr. Goode-Macon stated that the vehicle impact
would be approxinlately one hundred eighty (180) vehicles every twenty-four (24) hours.
In answer to Commissioner Huerta's question, Mr. Bell stated this will be a permanent parking lot.
Motion was made to re-open the public hearing by Commissioner Pusley and stated by
Commissioner Zamora. Motion passed unanimously.
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Minutes EAcerpt
April 1 ,200G
Page 3
In answer 10 (\)nl111isSloner Skrobarczyk's question, Mr. Cooper stated there was no problem with
the previous apartments and there \\'as parking located in the back. The Christus Spohn parking (
environll1cnt is not the sanle.
l,-0111111isSloner Salazar staled that this is all older estabhsl1ed neigllborhood. Mr. Salazar stated he
realizes the eCOn01111C factor; however, it goes against the n18ster plan in place.
tv1r. Gunning stated that \vith the addition of the landscaping, I believe Christus Spohn has TIlade a
reasonabie C0111prOlllise.
Eleanor Cartay, ] 726 Second Street, Corpus Christi, Texas stated that there were beautiful
apartn1enls and the parkint: 10ts \vere located in the back and there \vas no parking in the front of the
building,
Mr. Bell stated the plan for the parking lot is primarily for the hospital employees that work the
work shift from 8:00 a.ll1., to 5:00 p.n1., \vhich \\,Quld be approximately fifty (50) employees. In addition,
we have agreed to install additional landscaping.
~rin1 Bergener, Assistant Director-Christus Spohn, Corpus Christi, Texas stated there has been a
large decrease in parking for employees and related hospital parking. We are going to take approximately
40-45 enlp]oyees and renlove thenl fronl one of the existing parking lots to free up space.
C.onunissiol1er Martinez stated that the Special Permit may be approved if regulated for just the
hospital enlployees.
Mr. Gunning stated another condition to be added would be a controlled system such as a gate arm (j
with a card access for limited hours of usage between 7:00 a.m., to 7:00 p.Dl.
Commissioner Pusley stated his willingness to be in favor due to the concessions made by Christus
Spohn. Commissioner Pusley encouraged Christus Spohn to keep in mind in the future the impact of the
neighborhood.
Comnlissioners Martinez alld Salazar stated their agreement with the compromises being made.
Pubhc hearing was closed.
Motion for approval for Special Permit was made by Commissioner Braselton and seconded by
Comn1issioner Skrobarczyk subject to the following conditions and an an1ended site plan being subnlitted.
1. USES: Allow for a parking lot on Lots 10,11, 12 and 13 associated with the hospital's
facilities, per the site plan. All other uses allowed in the "A-I" Apartment House District are
permitted by right.
2. FENCING: A nlinimum six foot solid (wood and/or masonry) fence shall be placed
along south boundary line of Lot 13.
3. LIGHTING: Ifprovided, all outdoor lighting on the property shall be shielded
directional lighting and directed away from adjacent residential uses~ All outdoor lighting on
poles shall be a maximum of 20 feet in height
4. LANDSCAPING: All landscaping must comply with the landscaping requirements of the (
"B-1" Neighborhood Business District.
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Minutes Excerpt
April 1 Y) 2U06
Page 4
5 , CONTROL ACCESS: Access to the. parking lot is restricted to daylight shift employees, from
7:00 a.m., to 7:00 p.m., only. Such access shan be controlled by a gate arm with an
identification panel and/or card system located along Second Street.
() TIl\1E LIMIT: This Special Pern1it shall be deen1ed to have expired within one (1) years trOTI1
the date of this ordinance unless tbe property IS being used as outlined in condition #] and in
COll1pliance with all other conditions and City rules and regulations.
Motion passed unaninlously.
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AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CHRISTUS SPOHN HEALTH SYSTEMS BY CHANGING THE
ZONING MAP IN REFERENCE TO BAYFRONT TERRACE, BLOCK 4,
LOTS 10..13, (CURRENTLY ZONED "A-1" APARTMENT HOUSE
DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT) BY
GRANTING A SPECIAL PERMIT FOR A PARKING LOT ON LOTS 10,
11,12 AND 13, AND SUBJECT TO A REVISED SITE PLAN AND SIX (6)
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Christus Spohn Health Systems, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
April 19, 2006, during a meeting of the Planning Commission, and on Tuesday, May 23,
2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens
MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for a parking lot, and subject to a revised site
plan and six (6) conditions on Bayfront Terrace, Block 4, Lots 10-13, located along
Second Street and approximately 85 feet east of Ayers Street, (Currently Zoned"A-1"
Apartment House District and nAB" Professional Office District) (Map 045042) (Exhibit)
seCTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to six (6) conditions:
1 " USES: Altow for a parking lot on Lots 10, 11 t 12 and 13 associated with the
hospital's facilities, per the site plan. AU other uses allowed in the "A.. 1 "
Apartment House District are permitted by right.
2.
FENCING: A minimum six foot solid (wood and/or masonry) fence shall be
placed along south boundary line of Lot 13.
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3. LIGHTING: If provided, all outdoor lighting on the property shalt be shieided
directional lighting and directed away from adjacent residential uses. All
outdoor lighting on poles shall be a maximum of 20 feet in height.
4. LANDSCAPING: Atllandscaping must comply with the landscaping
requirements of the "8-1" Neighborhood Business District.
~ CONTROL ACCESS: Access to the parking lot is restricted to daylight shift
employees, from 7:00 a.m., to 7:00 p.m., only. Such access shall be
controlled by a gate arm with an identification panel and/or card system
located along Second Street.
6. TIME LIMIT: This Special Permit shall be deemed to have expired within one
(1 ) years from the date of this ordinance unless the property is being used as
outlined in condition #1 and in compliance with all other conditions and City
rules and regulations.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to timel
except as changed by this ordinance and any other ordinances adopted on this datel
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Planl the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publi-cation 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.
SECTION 8. 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 as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure on this 23rd day of May, 2006.
ti:\LEG-DIR\Shared\GaryS\agenda\2006\05-23\04()6.09 Spedal Permit Christus Spohn Health Systemsgws060516.doc
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ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett~
Mayor, City of Corpus Christi
APPROVED: May 16, 2006.
~i1u
G ry . Smith
Assistant City Attorney
For City Attorney
HN..EG-DtR\Shlred\GaryS\agenda\2006\05-23\0406-09 Special Permit Christus Spohn Health Systemsgws060516.doc
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Corpus Christi, Texas
, day of ___,__~ 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chrlsti. 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
John Marez
Jeny Garcia
William Kelly
_ex Aa Kinnison
Melody Cooper
JeS$e Noyola
Mark Scott
Ht\LEG-DlR\Shared\GaryS\agenda\2006\05..23\0406-09 Special Permit Christus Spohn Health Systemsgws060516.doc
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( ITY COl ''\1ell
\ (; F '\ D\ 'I F , 1<) R\ N () l , I
( it, (ouncil\ctiOI1 Date: J\lay 23, 2006
C\GEl\l)\ n E \'1: \hltll'll appolilllllcc ( IIV (1] l \lrpus llmstl Ho,m! Member Representatives to
Corpus Christl Reimestml:nt Zonl '\JuJl11)er Two Board or Directors.
The follo\\ Ill!,! memhers a: c' cunenllv :'LT\ IlIg 011 this Board: Samuel L. Neal, Jr., Javier Colmenero,
Brent ( IKSIlC\. j<(\ K nil son. loin I'11211ria. Je"SL' No\ob. Mark Scott and Melody Cooper.
ISSUE AN D BACKGROUND: I he Bl)ard's mall1 dutles are to prepare and adopt a project plan
~lI1d rel!!\stnii.'1l Il lill Iln,'llcill,c' pl,1Il ';'1 i ill' 1011\ ,llll! submit such plans to the City Council for its
apprO\;d
rheB(';ir, OiIS1;1', j'l,111nl)'"') 1<'I1'h, \\ithl\\il\c.'il!sLlggncdll'rllls. The CityCouncil has the
authonty lu app(iJllt elt ea~[ tell ( II)) Jl1c,ltlbers ofthe board. The remainder of the members shaH be
eompnsed ofappollltecs Jlom the rcsp\.:ctl\e governing bodies of each taxing unit in the Zone other
lhan tll<-- (liy Each guvellling bOdy lII,j\ appoint one (1) member to the board, but may waive its
right to ,lppoillt (! d!I\Xl or I deSired rill '\ ueces (oullty Hospital District, Del Mar College, Nueces
Count~ llour Blu!1 In!c')'endcllt';c)l()i' I )istnc! ;111r1 the Port of CoqJllS Christi have chosen to
appoint member.; k thiS bdard I'K' h\dJ'il shall c\cccd 1'1 fteen (15) members if necessary for the
(,ity C 'Lulli] Id nahL' '.aili ten ( i 0) elppllllll1enls
PREVIOlfS COLNCIL ACTION: (hi October 28, 2003, the City Council passed a motion
appollll JilL \1,' loJ\ (l'lPC and IL'di)!W11 \ Illg thc ClIlTcnt mcmbers al ] to a teml ending November I,
2005.
C'ONCLl SIO]\. AND RFCO'\lIVIEND\TIOl\i Citv statlrccommcnds that the Council appoint
members to this Board
Amlando Chapa
City Secretary
ISH -DIJ!S'i..\Rlll PO..\I"lS 1/21! Iillh
Hl n! ~
COM1(;Sn IU:'\.
CREA rlOI\ &
\UTHORITY
'\1EETS
JUT" I S nlE~T /O\'E ~(). TWO BOARD
Ii B(\;IIl\ "lldl! iI1ake reCUlllll1ClldaLion:-, Lu the City Council concernmg, the
III tin: ';:1 ,11 ,) 1 /,\11, ! hl' H(\.ll"d sh:d! prepare and adopt a project plan and
lei 1\l;stll1L'lil hlll< tinanclllg plan for the lone and submit such plans to the City
, ,\IIlCI! l~lI Its dPplUvallli accordance \'.'ith SectIOn 311.011, Texas Tax Code, The
f~\ inl ,l:dl. \ \, " 'ltlh'! 1")\\ '1... inll 1\'SPI '11sihilities with respect to tlw Zone unlv
"j \ ,'-.1"1,[,, II \ '"lllleil b) nnlinance ur resulution
ill BU,liU ,lId i "JiiS1Sl ,I: ilikClII. JJ) Illelllbcrs. rhe members shall be appolllteJ
ciS ollO\\ S Pursuant LO See ~ II .009( a), 'Tax Code, the respective governing bodies
,I 1(+ li\ 'I' >thl'l" 1h,111 11<.' (i1\ ,:Ich "iay appoint one (1) member of the Board,
fh remain 11); llIl'mbers or the hoard are appointed by the City Council. The City
'(I iIlciI sh;il hi' \ the right to .Ippuillt at least ten (10) members, and the board shall
~X\ ced fifteen I I" lmemhers it necessary f()r the City Council to make said ten (10)
dPI Jonltmen Ls
V1,'UOIl \iu .2()()11:')6, II i 4()(): Ordmancc No. 024270, 11/14/00; Motion No.
W! iO-4()X: ~llld \10\10n No 2000-40Q I] /'21/00
On call. Council ( 'hambers
MEMBERS. TER'\lS & EXPIRATION DATES: [\Vl>-year staggered temIS.
DEPARTMENT:
MEMBERS
Samuel L. Neal. 'r . President (CIty)
.Ia\ IeI' Colmenero (City)
Bnnt Chesney (( 11y)
Re Kinnis()!1 (e i
loin LongOria (( 'ity)
les..,e Noyola (Cllv)
Mark Scott (City)
Melody Cooper (( 'ity)
Gahriel Rivas (Del Mar)
rei ry ShamsJe. V Ice-Pres. (Nueces ('nuntv:
Cal Jennings (Hospital Dlstnct)
Richard Pittman (Flour Bluff I S,D)
John LaRue (Port ofC.C )
Ci-eorge Noe, City Manager
TERM
ORIGINAL
APPTD. DATE
11 -01-05
11-01-05
11-01-05
11-01-05
11-01-05
11-01-05
11-01-05
II -01-05
11-01-06
11-01-06
11-01-06
11-01-06
] 1-01-06
11-21-00
11-21-00
5-21-02
11-21-00
11-21-00
5-21-02
11-21-00
10-28-03
17
AGENDA MEMORANDUM
DATE: May 23, 2006
SUBJECL Golf Course Improvements
(Bond Is~ue 2004)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee. to award a Construction Contract to
Golf Course Builders International, Inc. of Gainesville, Florida in the amount of$1, 197,453
for the Bond Issue 2004 Golf Course Improvements (Existing Courses) project for Gabe
Lozano Senior Golf Center. (Bond Issue 2004)
ISSUE. ThiS project was approved November 2, 2004 in the Bond Issue 2004 Package
under Droposition No.l Park 8. Recreation Improvements It is proposed to award a
construction cunti dcl fu irnprovements to Gabe Lozano Senior Golf Course at this time to
allow for completion of the project within this growing season.
FUNDING: Funds for this project are available in the Fiscal Year 2006 Capital
Improvement Budget
RECOMMENDATION: Staff recommends approval of the motion as presented.
#rIJ: J;~ 4n~
~ I R. Escobar, P.E., ,
.. irector of Engineering Services
<.> /.
ff~ h:/J(
Sally Gavlik, rector ot
Parks 8nd Recreation
Atlditional Support Material:
Exhibit "A" Background Information
Exhibit "A-1" Additive Alternate Descriptions
Exhibit "B" Project Budget
Exhibit "C" Bid Tab
Exhibit Uf)" Location Map
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BACKGROUND INFORMATION
SUBJECT: Golf Course Improvements Project (Project No 3274)
BONO ISSUE 2004 PROJECT
PROJECT DESCRIPTION:
This construction contract will providE' fm Improvements to the Gabe Lozano Senior Golf Center.
Proposed base bid improvements will Include
· Resurfacing of existing parking lot and entrance drive;
· Landscape plantings around perimeter of parking lot and entrance drive;
· Resurfacing of all 18 eXisting putting greens and the existing practice green;
. A new chipping green;
· Perimeter bare area renovation to include additional irrigation and regressing;
· Drainage improvements at NO.1 tee, No. 10 tee, and No. 14 fairway;
· Resurfacing of all tees and expansion of selected teeing areas;
· Fairway expansion and additional bunkers on No 6 fairway, No. 12 green, and at
No. 17 fairway and green
· Reconfiguration of bunkers at No. 13 green;
· Additional grass bunker on No. 15:
· Lakeshore expansion and shoreline stabilization on Nos. 1 and 9; and
· Re-routing of cart path on NO.1 0 fairway landing area and from NO.9 Executive
and clubhouse
It IS recommended this contract be awarded and work begins immediately to ensure the project
IS completed within this year's growing season. To minimize disruption to the public, the
Contractor will be required to follow tight scheduling for construction and will be required to meet
strict deadlines for completion of each phase of this project. The entire project is scheduled to
be complete within 150 calendar days Throughout the construction period the Executive Course
and Driving range will remain open
PHASE A: The first phastj of this project will Include renovations to Holes 10 through 18. The
work is scheduled to be completed within 123 calendar days from the project start date. Work is
anticipated to begin this pnase in the late June I early July 2006 timeframe. During the first 30
days of this period the [:lark & Recreation Department will be reducing the normal green fees to
encourage golfers to play the areas still open at the course. Currently, the Park & Recreation
[)epartment and the Grerms Committee are developing incentives to accommodate for the
reduced play area
PHASE B: The second phase of the project will include renovations to Holes 1 though 9. This
work is scheduled to begin at Day 30 after the start of the project and will last 120 calendar days.
From the July to October timeframe, golfers at the Gabe Lozano course will be encouraged to
use the Oso Course and will be offered an opportunity to play at discounted green fees. After
exact dates for closure times have been determined, appropriate signage will be posted at both
courses to Inform the public of the schedule and reduced fees
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IBIT "A"
Page 1 of 3,
The parking lot resurtar:in(' work should not affect the public's play on the course, This phase is
scheduled to begin 30 days after the beginning of the contract period during the same time the
cuurse's 1{1 holes aru undd constructiun The contractor will be required to provide access to
H1e Executive COIJrse ;'Jnd Orivinq Rnnue at all times during this period
he origil Jal proJed s,;ope ,;alled for irnprovements to follow the recommendations of the Market
f easibility ..~nalysis and (~olf Improvement Plan prepared by NGF study. During preliminary
design it W;JS determined 'hat modificcltion of certain elements would enhance the safety and
play experience for golter~ ThiS would ;Jllow for a more comprehensive approach to the project
that would enable the City to economize on cost and long-term maintenance improvements. All
pr oposecj irnprOVl;JTlullts v,ere preselltEod to and approved by the Park & Recreation Advisory
Committee and the Greer s Committee December 14, 2005.
BID INFORMATION: The City received bids on May 10, 2006 with two (2) bidders submitting
proposals. The project consisted of a Base Bid and four additive alternates. The prices ranged
dS follows.
l:!i!1 Proposals
Base bid
Additive A.i! #1
Additive Alt. #2
Additive Alt. #3
Additive Alt. #4
Bid Rang~H I
1,197.453 1,412,160
132,051 295,270
126,694 .?6?--,-740
366,175 474,020
104,874 114,620
For a descnption of Additive Alternates #1 - #4 see Exhibit A-1
The estimated cost of construction for the base bid was $1 ,000,000. The high bid submitted was
deemed non-responsive by the City's legal department because proposal forms were not signed
and sheets were left out of the proposal format. The low bid submitted was deemed irregular by
the City's legal department because forms A-28 A-29 and A-30 were not included at the time of
bid opening However this is only conSidered irregular and General Provision B-2-13 allows for
the City to reserve trl8 righ! to waive any Irregularities and to make the award in the best interest
of the City
Therefore, the City's consultant, F!nger, Dye Spann, and City staff recommend that based on low
bid and satisfactory references, that the irregularity be waived and a construction contract be
awarded to Golf Course Builders International. Inc. of Gainesville, Florida in the amount of
S"l, 197,453 for the base bId only to complete the Bond Issue 2004 Golf Course Improvements
project (exIsting courses) for the (;abe Lozano Senior Golf Center.
ADQITIONAL PROJECT INFORMATION:
After the completion of this project, Oso Beach Golf course will go out for bid to allow for those
Improvements to be completed early in next year's growing season. Work on the Oso Beach
Golf course is being coordinated with the Meadowbrook Subdivision Drainage Improvement
project because the ongoing drainage improvements for the Oso Lake significantly impact the
Oso Beach Golf Course. it is anticipated that an amendment for final design of the Oso Beach
Course will be presented to Council in the June 2006 timeframe. This will allow for final design
be completed and Ule project cut to bid by the end of December 2006.
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PROJECT BACKGROUND: anI ueseJdY. November 2,2004, the City of Corpus Christi held an
election to consider a number of ballot propositions to fund major capital improvements for the
community Bond Issue 2004. The November 2 2004 election was held jointly with Nueces
County ane: cOincided with the Pmsidential Election
The Bond Issue ?004 package includes $95 million in projects to be funded from ad valorem
property taxes (a Genera Obligation 80nd Issue) !fl Street, F)ublic Health and Safety, Public
t acilities Parks and Recreation. and Hayfront Master Plan plOjects. The proposed projects
iarget the City's n 10s1 il11m(~diate needs '() improve existin~J physical facilities, provide for growth
i1nd protect the City S I!lVestment In Its Infrastructure.
,
L.l.
PRIOR COUNCIL ACTION:
November 2,2004 Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2,2004, in the City of Corpus Christi for the adoption
of five bond propositions; adoption of a permanent ad valorem tax freeze on residents
homesteads of persons 65 years of age or older or disabled persons and eligible
spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi
(Ordmance No 020022)
March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800 (Ordinance 026188).
October 11, 2005 - Motion approving a Contract for Professional Services with Finger,
Dye Spann of Houston, Texas in the amount of $63,735 for the Bond Issue 2004 Golf
Course Improvements (existing courses) project.
February 21.200tL- Motion approving an Amendment No. 1 to a Contract for
Professional Services with Finger, Dye, Spann of Houston, Texas in the amount of
$184,170 for a restated fee of $247,905 for the Bond Issue 2004 Golf Course
Improvements (existing courses) project for final design of the Gabe Lozano Senior Golf
Center.
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PRIOR ADMINISTRATIVE ACTION:
August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
L March 25, 2005 - Addendum No 1 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
April_ 13, 2005 - Addendum No 2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
FUTURE COUNCIL ACTION: Approval of:
1. AlE amendment fo, final design of the Oso Beach Golf Course.
2. Construction contract to complete the Oso Beach Golf Course Improvement project.
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:h'OUND
EXHIBIT "A"
1.__ P.age 3 of 3
Additional Background Information
SUBJECT:
\C:Ultlve ldtbl laic; Cc;SCrifJllol'"
Additive Alternate No 1 items include:
T
ITEM DESCRIPTION
InstCll1 drainage pipe as shown on plans un Hole no. 3 near
Sla 5+00 Including piping, inlets, ties to exst. structures, grading, shaping,
r rassln as s ecified, & cart ath re air as necessar ____ _
~. G -eUI!lf(lfts;, .. __~_____M________
Install new bunkers including earthwork, shaping, subdrainage, outfalls, cleanouts,
liner fabrlc, sand, irrgation Improvements & adjustments, Cln.clgrassing as indicated
NO.2 Green Bunker(s)
aDuit H -l.AItE IMPI!lDVEMENTS ANDRELA1'&D8uRROUND8
~"-._----- --~-~--- -~"_.._-
1.1
InstCll1 expans,on of existing lakes including dewaterinq, excavation shaping as indicated
and specified on Holes 2 & 3
'liliDUU: I- CART PAT" & RELATED SURROUNDS ~______
Rerou!e sections of nxisting path. where 'ndicated
on Ula'IS, incllidirlg demolition grilding ilaving, backflli and regrasslng
of indicat~d surroumllng areas as specified qrl_Hole 2
I Rerou!e sections of ,;xisting path wherendicated
l,on plans, incllidin~) demulition gradi,ng pav.,i.ng, "b ,aCkfil1. and regrasslng
of indicated surroundlflfJ areas as speclfledo..n_Hole 3 ___~__
H.1
1.2
Additive Alternate NO.2 items include:
ITEM NO.
ITEM DESCRIPTION
SCHEDULE E - DRAINAGE
E.2 Install drainage systt:m dS shown on plans on Practice Range including
piping, inlets, ties to exs' structures, grading, shaping, irrigation, and
raSSH)~~S specltiec
E.2.a Install new tar et reens as shOWf'lJ:>11J2lans including earthwork, shaping, irrigation, and grassing
slHEDULE G - BUNKER~__ _________________
Install new bunkers including earthwork, shaping, subdrainage, outfalls, cleanouts,
liner fa_b.'1(;~C!!1.c:t'_i!'llat!~nIIllErovements & adjustments, ~n!i_gra..ssing as indicated _____
G.2 NO.2 Green Bunker s
StHEDUI.;;E H . LAKE IMPI!I>VEMENTS AND RELATED SURROUNDS
H.1 Install expansion of existing lakes including dewatering, excavation, shaping as indicated
and specified on Holes 2 & 3
stHEDULE I - CART PAT" & RELATED SURROUNDS _ u______._
1,1 Reroute sections of existing path. where Indicated
on plans, including demulition, grading paving, backfill. and regrass!ng
of indicated surrounding areas as specified on Hole 2
Exhibit A-1
Page 1 of 3
L2 Reroute sections of exi~jjng path where ,ndicated
on ',IC1!\s, !ilcludlng demolition, grading paving, backfill and regrasslng
of I"d:cated surroJwllnf; areas as specified on Hole 3
Additive Alternate No 3 items include'
IH:MNO.
8.1
8.2
8.4
G.15
G.17
G.18
1.4
1.9
J.1
ITEM DESCRIPTION
I
I
-1
I
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I
Install new bunkers including earthwork, shaping, subdrainage, outfalls. cleanouts,
liner fabri<;.,_s...._nd. irlJlation Improvement~8. ad.justments,cll:'.<Jgrilssing as indicated
No 14 Green Bunker(!';
No 16 G..r-een Bunker(s
No!! Fairway Bunker(~ 1 st landing area
SCHEDULE I- CART PAT" & RELAtED SURROUNDS
Reroute sections of existing path where Indicated
on plans, Including (jemolition, grading, paving, backfill, and regrasslng
oi'ndicated~u!!oundill_g areas as ~ecified_~n}"ole 12 --~ -----1
Reroute sections of existing path where rndicated I
on plans, Including cemulition, grading iJaving, backfill, and regrassmg ~
:;~~~~::': ;~:~~~i':;=:S :=Gified at HoleYFw~___ __._.......__.. '_'_ . ......_
Allowance for miscellaneous unspecified im~<')vements to ~ecJet~rmilled__ . ~ ~. ~.. .
Additive Alternate No, 4 items include:
T
:_ ITEM N~'_____u ___ _______________. _ .__.. ITEM DESCRIPTION
l-- ____ -. SJ;HeDUI,.E G - BUNKERS
t..I.ns.ta. .1I.n.. ew... b.. u. n..k. er... s ...inc IU...d.. in..g earthwor..k. sha...p. ing,...s.. U..b. d.. r.a..inage.,..o.u. tfalls, Clean. outs,
liner_ fa_ll.!ic. sCl_nd-,- irrgat!.on_lrl'lprovement~_8. adju~tl1!en!s, .!~d_9r!ssing as indicated _ ~__ ~
G.1 _No 1 Fal!:w~~unker{s I ___
:::t~; j ci~;:~-~~~:r~~s __________
G.5 -t.tiQ 4 Gr~en Bl!nker(s) __~____~_~ ___
G.6 N,9 5 FairwClYE3unker(s _ _u__~ _ __~
Exhibit A-1
Page 2 of 3
r
G.9 i No Bunkers left ';idE
G.10 r~o 0 Green Bunker(s)
G.11 i~O 1 Green BunKer~S)
G.12 No 12 Fairway Bunker(s)
-----iJCltEOUlJ: I. CART PATHI & RELATED SURROUNDS
1.5 'Rerrluk: sectiofls (If existiil~J path ,vIII;! I; i IEheated
l on pians Including demolition. gradllllj, paving, backfill, and regraSS!11g
I,of indicated surrounding areas as specllied at Hole 14 Tee
1.6 I Reroute sections of existing path, where illdicated
I on plans, including demolition, grading, paving, backfill, and regrasslng
Lo~ndicat~.d surroundlrJ.g dr~Cls Cjs s[Jeclfledall-iole 14 Fw}' _
I
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Exhibit A,1
Page 3 of 3
GOLF COURSE IMPROVEMENTS
Gabe Lozano SL Golf Center
PROJECT BUDGET
May 23, 2006
fUNDS AVAILABL~
ESTIMATED
BUDGET
FIscal Year 2004 2005 Park & Rec Capital Improvement Budget
$ 1,583,248.00
FUNDS REQUIRED (Gabe Lozano)
Construction Cost (Golf Course Builders International, Inc.)..
Constructlor. Contingencies.
Consultant Contract (Finger Dye Spann)
Engineering Reimbursements.
Administrative ReImbursements.
Construction Management Services
Testing. .
Incidental Expenses (Print:ng, Advertising, etc.)
$ 1,197,453.00
59,872.00
247,905.00
36,000.00
12,000.00
26,621.00
1,085.00
2,312.00
TotaL,H,.... .......... ... H' .H........ ........ .HHH........ ..... ......H.... ......... $ 1,583,248.00
EXHIBIT "B"
Page 1 of 1
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NOT TO SCALE
CITY PROJECT No. 3274
EXHIBIT "0"
GOLF COURSE IMPROVEMENTS
(BOND ISSUE 2004)
L,,__~AB~~_OZA~~ SR. GOLF",~ENTER
CITY COUNCIL EXHIBIT
CIT( OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DA TE 05-16--2006
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AGENDA MEMORANDUM
May 23,2006
SUBJECT. II uck fraftic - Gulf \,;umpress
AGENDA ITEM:
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53,
Traffic, revising Section 53-251, Schedule II by adding the category "other
through streets" by adding Parr Street, from Comanche Street to Ahern
Street, Ahern Street, from Parr Street to Bluntzer Street, and Bluntzer Street,
trom Ahern Street to Agnes Street; providing tor severance; providing for
publication and providing for penalties
FUNDING: The Annual Street Operating Budget will address needed signage.
RECOMMENDATION: Approval of the ordinance as presented.
,/"
,5'/lyb (>
AJ)DlTIONAL SUPPORT MATERIAL
Exhibit A Additional Information
Exhibit B-E Site Map
C"\OOCUME.1 '.userIL,JC.L\,S- 1\TemplAgendc Meine ,Ie.[
ADDITIONAL INFORMATION
ORDINANCE: Adoption of the ordinance IS necessary to permit continued operation of
the Gulf Compress in compliance with the Chapter 53 Traffic of the City Code of
Ordin'iw'ps
Background
Gulf Compress Incorporated IS a cotton bale storage and distribution business located
at 201 North Nineteenth Street They have over one and one-half million square feet of
warehouse storage space that fronts Nineteenth Street to the east and Parr Street to
the west The Gulf Compress warehouses were built in the 1920's and have been in
operation ever since. Access to the warehouses from both sides is critical to their
business operations
During H1e 2005 cotton season, Traffic Engineering received a complaint from a resident
on Parr Street concerning truck traffic. Review of applicable ordinances with the City's
Legal Department determined that Parr Street was not listed as a through street. This
effectively prohibits truck traffic except for trips necessary to make deliveries on the Parr
Street or surrounding streets A "No Trucks" sign was installed by the City Street
Department to inform drivers of the prohibition
Subsequently, Mr Bob Weatherford, President and CE.O of Gulf Compress met with
Traffic Engineering ard the Engineering Department as to alternatives. The staff
suggested several alternatives to the Compress which ultimately did not prove feasible.
Mr. Weatherford then requested truck traffic be allowed on Parr Street from Comanche
to Ahern Street, on Ahern Street from Parr to Bluntzer and on Bluntzer from Ahern to
Agnes See Exhibit "A-1 " and ".A.-2"
Public Notice
Thirty seven publiC notices were mailed to property owners adjacent to the streets being
considered for use by reavy trucks Of these thirty seven Staff received four phone calls
expressing their position with regard to the request to allow heavy truck traffic on these
streets
Mr. Francisco Garcia ot 221 Parr Street and his wife are both against the request due to
the constant noise on a 24 hour basis during the harvest season from August to
November of every year, The dust or mud when it rains that the trucks promote is as
annoying as the noise they make They complained about not being able to sleep at
night because they live right in front of the entrance and exit driveway to the warehouse
located at about the midpoint of Parr Street.
Mrs. Soyla Valdez of 229 Parr called on behalf of her father Pedro Valdez says she is
concerned for the children in the neighborhood that are constantly in the street and not
properly supervised. She does not think it is a good idea to allow the trucks onto Parr
Street. She says she has seen a lot of close calls
Mrs Domitilia Saldana called on behalf of her father Eulalio Rodriquez of 203 Parr
Street to say they have no objection to allowing the trucks delivering cotton to the Gulf
Compress warehouses to continue doing so as they have for many years.
Mrs Ennqueta Rlos of 307 Parr is concerned with the fact there are no sidewalks and
peoplE have tu vvalk 0 l the street She is not opposed te the trucks saying they are
covered and not nOIsy
Public Hearing
The Traffic Advisory Committee held a public hearing on May 8, 2006 at 2:00 p.m., to
hear comment and concerns with regard to the proposed amendment to city ordinance
aHowing for heavy truck traffic on said portions of Parr, Ahern and Bluntzer Streets. Mr.
William H. Green, Chairman of the Traffic Advisory Committee presided over the
hearing at which a presentation of the facts was made by city staff and comments were
requested of anyone wishing to speak at the hearing. Mr. Bob Weatherford, President
and CEO. of Gulf Compress was the only speaker that commented for the record that
afternoon He basically reiterated hiS written request. See Exhibit "A-2".
Prior to the meeting, Mi. Francisco (::;arcia of 221 Parr Street signed up to speak but did
not come forward when request for public comment was announced by the Chairman
presiding over the hearing. The chairman made two (2) requests for public comment.
Mr Garcia did tell Citv Staff he was not sure if he would speak or not and he was
advised to sign in case he did decide to speak
The Traffic Advisory Committee recommended amendment of the ordinance to permit
truck traffic on Parr Street Ahern and Bluntzer to permit continued operation of the
Compress with the stipulation that additional cautionary advisory traffic signs be
installed
Mr Garcia came to the Traffic Engineering office the following morning to say he was
never called up to speak and presented a petition opposing heavy truck traffic on the
street sections in question. The petition was signed by three (3) notified owners, three
(3) people on the 100 block of Bluntzer, which is just north of the portion of Bluntzer
being considered and rlne (9) tenants living on Parr Street
Mr. Garcia was reminded about the announcements made by the Chairman requesting
public comment and that he would have another opportunity to speak to City Council
before the ordinance would be approved. He said he did not hear the announcement
and that he may come to speak at the council meeting. The City Legal Department
reviewed the circumstances, and determined that not calling a person by name did not
affect the validity of the public heanng.
Existing Conditions
Parr Street, Ahern and Bluntzer are classified as residential streets with fifty feet of right
of way and all are improved with twenty feet wide asphalt pavement roadways. There
are no curb and gutters or underground drainage. There are no sidewalks. There are
Exhibit A j
Pa e 2 of 3
twenty two residential structures two commercial structures and several vacant lots
along Farr Street See Exhibit '8' There are two residential structures, one vacant
apartment building and several vacant lots on Ahern Street. See Exhibit "C" There are
several vacant lots one used car lot and one storage warehouse along Bluntzer, See
Exhib:+ 0" The zoning is primarily I 3, heavy industrial, with one property zoned as R-
1 S, Ofle family duelmg residential. along the street frontage in question. See Exhibit "E".
Traff!f is very light with counts less than 400 cars per day Research of traffic accidents
for the past three year.; reveals three accidents Two at the intersection of Bluntzer and
Agne<.; and ()n.~ 11 Par at the stoo sign with Bluntzer
The available access for trucks to the Gulf Compress warehouses is shown in Exhibit
A-2" They have access off of IH 37 via Port Avenue to Comanche and in off of
Nineteenth Street. They have access off of SH 358 (Cross-town Expressway) via Agnes
to Nineteenth Street. These are all 'through streets" listed in City of Corpus Christi code
of ordinances Section 53-251 Schedule" In accordance with Section 53-101 only
"through streets" listed in Section 53-251, Schedule" are available for use by trucks
weighing more than 2000 pounds There is an exception that if deliveries are being
made to a location on a street not identified as a "through street" trucks are allowed for
limited periods of time and by means of the shortest most direct route, However in
industria! zones jf ttler,-> are both through streets" and residential streets to a business
only the established truck route may be used even if it is not the shortest most direct
route Parr, Ahern and Bluntzer are not included as through streets in Section 53-251
Schedule II
RECOMMENDATION,
Approval of the ordinance as presented,
OMPRESS
pr, '30'< 1378. 361-882-5489.201 N, 19th ST
l:()f~PUS CHRISTI TEXAS 71",103
, 'f! ['I, 1,c:I(l[J . PU, BUX 459. 956-bI:l8-:.a;w
RAYMONDVILLE, TEXAc; 7il58U
1\ 1 r K ,', III S ((lwcr
\ "ISlam Ulll'\ tIll ,d I Ilglll\..'ClllIC'
( il, (>t' ('orpue, {'h,istl
! II J j co pard \ t
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( (,rpus {'hnsh,lc\CL"i 7846lJ
I'<:"hrllill" I'. 20()(1
! h'ar t\1r SI\!\\lTS, ,
{lull' ('ompres~, is in th\ cou
agricultural cooperative, wpr
\(,,'11 \\ e sture lve
'( "npr...':;'; ~(( 'r...~~ the
lJ a normal vvar
dlil.ono hale.., to 0
usiness. Weare an
fanners. On a normal
roduce ern third of Texas. Gulf
o 'stributiol1 to textile mills all over the world.
00 alc~ (I' '1 S rni]l~ ancl export approximately
Wv have three s,
'.,j, 19th Street. s
1 q)()'~ Becl11sc of .
colton harvest seas"
''[openv \\t' l1umBlly use Pan
!ril!Cal to om hllsirH'ss that we dn ',0
pf'('))(,~I1\ \v,b hudt lilerC',
,orpus Christi but our main location is at 20]
g bales of cotton si,pe the early to mid
operty ;1I1d the volume of trucks during the
rr Street for . er. entering or leaving the
~,we ' ring the harvest but it is
een the caSe since before any residential
I IV liwntll' aj.:o '. c were illld tkn P,UT ,~, " et IS not aPPwh'd lor truck traffic and "No
! rucks" slg:n. \\cn' placed ;It the \'ntraJlc~"iind exit to this shon street. Apparently the
\ 'I'd IIlaJilT Iw., tWt'n ill pla\.:\' lor Sl \ lTal years "Jtlwut our knuwlcdge and without being
enfurced ! Ij)ks~ Wl arc granted relic.f it will grl:atly impact llur business. We have tried
t" lmd, vIa' to l0111;nUC this hU,<,j)!l"S without using Parr. but UUlnot do so.
Our abilit} to do bus lOess depends (in the use ofthat street. We also think it's fair to point
out that we were here first. Cotton trucks were using that area long before anyone moved
ther,Wc belie\(' that should allow us to be "grand-fathered" and therefore exempt from
the ordinance. and allowed to continue to do business m; in the past.
Exhibit "A-l"
1/l<l1 I~ ,\>1 p(J,sibk Iht'1l \"l. would ask II1a1 tile \lrdiI1<UlCC be changed to allow a
'\I'<;(\!l31 (:! f\"\ \' "rb) :1~TiLlJltll1,d L'.\cmpli(i[] IllIll: thl' \lrdillillKC. or to have Parr Street
,k~i!-,n,I'\'d I.' lPf1 o\cd I~l ,'\JillliliTl'j,d l"lril\
d'-\ i-; j., !il. It \ L', 1 PI\" ilk ille ,,' lid'JrJ)ldlllill or hu\\ [0 proceed towards
ft"illllti\lll ill this lr(Jhkll! It ,,11.uUII h lid :l!!,j fl\l]1l'f!JlI, ,mother cotton LTOp will Ill'
! \ I, I i
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! ~(d, \\ e<tthl.:IJ(lrd \
Prc"idcnt & ( '/ ( ) v
n
I f;'v.
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ExhibU"A" :I
Exhibit Bit
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Exhibit"E
Page 1 of 9
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 53, TRAFFIC, REVISING SECTION 53-251,
SCHEDULE II BY ADDING THE CATEGORY "OTHER THROUGH
STREETS"; BY ADDING PARR STREET, FROM COMANCHE STREET
TO AHERN STREET, AHERN STREET, FROM PARR STREET TO
BLUNTZER STREET, AND BLUNTZER STREET, FROM AHERN
STREET TO AGNES STREET. PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS'
SECTION 1 Section 5\-251 of the C:ode of Ordinances is revised to read as follows:
Sec. 53-251. Schedule 11- Throu~h Streets: Arterial~ollector. and Other
Through ~treets.
r accordance With the proviSions of section 53-130, and when signs are erected
giving notice thereof drivers of vehicles shall stop at every intersection before entering
any of the follcvVlngstrE'ets or ~arts streets
Arterial Streets
A principal stree1 of A1..-A8 classification per the city's urban transportation plan
Nhich 's~ontinu().Js aCfJSS a signifi(~ant segment of the city and which is intended to
connect/vith through cCdlector dnd neighborhood collector streets; curbside parking
restric1ec intended to Eccommodate a speed limit of 35 MPH or higher, and a traffic
volume In excess of five thousand (5,000) vehicles per day.
Ltme,s Streel Vvast City Lirnits to Carancahua Street
tJ,ir/ine F?oad Ocean Dnve to Rodd Field Road
Airport Road!.A.gnes Street. to Horne Road.
4,;ameda Street Ennis Joslin Road to Ayers Street.
4, vers Street Ocean Drive to south City Limits.
Baldwin Boulevard, Leopard Street to South Staples Street.
Bear Lane Old Brownsville Road to Joe Mireur Road
Breakwater A venue. U.~. 181 to Navigation Boulevard.
f-
, ' c,a(, E'~
Plti
P8ge 2 of q
Buffalo Stree! IH 37 to t\Jorth Broadwav
BoforcJStreer Suuth St8ples Street to Ocean Drive
Burleson Street. Surfside Boulevard to West Causeway
Bush A Vel/UE S H 358 to Holly Road
C:Jilicoatte F,'uac Up RI\Jer ~UdU to suulh City L1f1llb
Carancahua :::;tmet BufnrcJ Street to Padre Street (I H 37 No. Frontage),
Carbon Plant Road, IH, 37 to northern terminus.
Causeway Boulevard, BreaKwater Avenue to north City limits.
Cl7aparra/Stree Mesquite Street tn Coopers Alley
Cimmarron BOUlevard. Airline Road to Yorktown Boulevard.
Clarkwood Road (FM 2?92) Up River Road to south City Limits.
Comanche Street, Palm Street to Carancahua Street
CJopers AJie 1 ancahua Street to Shoreline Boulevdrd,
Corn Products Road, Up River Road to Hopkins Road,
Countv Road 36 F M 2292 to western terminus Doddridge Street, South Staples
Street to Ocean DnJ8.
EitzabethStmet Staples Street to Ocean Drive
Everhart Road, Alameda Street to Oso Parkway,
Ennis Joslin Road. Alameda Street to South Padre Island Drive and future
extension at Wooldridqe Road
,carm to Market r~oadways ali
Flour Bluff Dnve South Padre Island Drive to Yorktown Road,
Gollihar Road, Staples Street to Airline Road; Staples Street to Greenwood
kOdd
Greenwood Drive. South Pori ,I\venue to south City Limits.
Heinsohn Road. S.H 44 to Bear Lane
Holly Road BUSh Avenue to l exington Road
/-fame Road. Old Brownsville Road to Ramsey Street.
Interstate 37
John Sartain Stn'3et. Mesquite Street to Shoreline Boulevard.
Kmney Streel T::lncahua Street to Shoreline Boulevard.
, .C Clsan\Et'. It I 'PI'.' 1
'th~' 1
PAge 3 of q
f\ ustorv zROctd Soutn Staples Street to Saratoga Boulevard.
Laredo Stlef't. arancahua Street to 21 st Street
L awrer1ce StreEi Lower Broadway to Shoreline Boulevard.
Leopard Street Upper Broadway to I H376 west Frontage
,pa. "
U,.fJG; BiC dlLvC1Y to Uf-i Rive! Road.
A1annllq F?CHCf H;7u c; r 44
McKinzie Road i.H. 37 East Frontage to S.H. 44
MesqUite Stleei Chaparral Street to Coopers Alley
A10rgan AvenuE Airport Road to Ocean Drive
N A. S Drive S H 358 to Naval Air Station South Gate.
Navigation Boulevard. Old Brownsville Road to Breakwater Avenue.
Ocean Drive South Shoreline Boulevard to the Naval Air Station North Gate.
eNd BroVvns'villE .R.oad (r::M 6(5). Air'port Road to south City Limits.
Old Robstovvn Road. Agnes Street to Leopard Street.
Park RoaCf 22 (')outh Padre Island Drive). Naval Air Station Drive to south City
_illiL
S I-{ 3h 1 Park I:<.oad 2~ to nClrth City Limits
Port A venue (f\.orth) U S 1 g 1 to Morgan Avenue; (South) Morgan Avenue to
i~yers Street.
Rand Morq8'l Road I H 37 h S. H 44
k'esacCl Street. !V1esqulte Street to Ocean Drive
Rodd freid Poad (SH 357) SH. 358 to south City Limits.
Santa Fe Street. Buford Street to Robert Street.
Saratoga Boulevard (SH. 357), Rodd Field Road to future extension at Rand
Morgim Roac
Sedwick Street. F.M 3386 to Southern Minerals Road.
Schatzel Street North Shoreline Boulevard to Upper Broadway.
Shorelme Boulevard. (North) Coastal Avenue to Pearl Street and Hughes Street
to~o')pers Alley South) Coopers Alley to Ocean Drive.
Southern Mmercl/s Road UD River Road to S.H. 44
,Staple~ Street, North) West Broadway Street to Kinney Street, (South) Kinney
~::J-' '-:' ''::'-~)nicaO\E:''j:_3!f\;!:[R;r-J(~
'-.
'~:! ()trl(; r
Page 4 of 9
~;treel to SQutll City Limits
State HlghvVEiY ",4.
State Highway 286
State Highvay ?58 (Padre Island Drive) I.H. 37 to Naval Air Station Drive.
'i/bc,'f
~ H _n+~ t ~,-<j jdfTi ~erTnjnUS
Jl7CalWb Stree' I H j' te HAord Street
Ji71rd Srreet, A.yers Street to Buford Street
T ,\/199 ~).tre8t M,.;squlte3treet lO Ocean Drive.
L; S Highwav 7
U S Highway 181
Uo River Road. Lipan Street to McKinzie Road' Violet Road to Sharpsburg Road;
Leopard Street to u S 77
V'olet ROEHl. H 37 to ::. H C"-f
Waldron Road. Naval Air Station Drive to south City limits.
Water Street. (North), Hughes Street to Coopers Alley; (South), Coopers Alley to
Butorcr Street
vVest Pom Roae!, S.H 358 tu t.3reenwood Drive.
Weber Road. South Staples Street to south City Limits.
William Street. Lower Broadway to Shoreline Boulevard.
Y')rktown BOille\/ard Laqun;:. Shores Road to future extension at Saratoga
Boule\;arcJ
Collector Streets
A pnnclpai S1:eet of C1-(,,! classification per the city's urban transportation
plan VJhich IS serli-( ontinuous auoss a smaller segment of the city, typically
connecting one cr r!',ore subdivIsions and crossing one or more arterials; curbside
parking generally permitted and which is intended to accommodate a speed limit of
30--45 MPH and a traffic volume In excess of 1,500 vehicles per day but not greater
than 20.000 vehicles per day.
19th Street. Agnes Street to 1_lpan Street.
41pine Roae}, Corn Products Road to Rand Morgan Road.
H ~ f..-:;. D!:
nlcaOE~jN' fRIN"T Ud
Page 5 nf q
.1--.lItelope StreeT I H 37 to Upper North Broadway.
Bates Dove tut lre extension from Old Brownsville Road to future extension at
:::~ 1 71~3
Beach f; venue SurisidH Boulevard to West Causeway Boulevard.
, l)l,18)/ivt:. _ H.))b to VVilllarns Dllve
HOCk!7c,11
Jd. '3edwicK R()ric1 to f'v1cGloln Road
Bratton Roael. Weber Road to Brezina Road
BraZlfJd Roati, 1 Jture extension of Yorktown Boulevard to Bratton Road.
Bronco Roael. Sedwick Road to S H 44
Brooks Roae! Airline Road to Oso Parkway
Brownlee Boulevard. Staples Street to Winnebago Street.
Buddy Lawrenc.? Drive. Leopard Street to North City Limits.
Cantwell ROdd. Up River Road to Baldwin Boulevard
Caribbean Drive. Waldron Road to Laguna Shores Road.
Carmel Parkwa Gollihar Road to Alameda Street.
Carroll Lane Staples Street to future extension at Kostoryz Road.
Ciarkw)oo Roa'! Agnes Street to Up River Road.
Cliff Maus DOVE S H 358 to Bear Lane
Cimmaron Boulevard. Yorktown Boulevard to future extension as Oso Parkway.
Columhia Parkv,;ay Home Road to S H 358
(orone [Jnve Flynn Parkway to Everhart Road.
[ion Patncio Read. Flour Bluff Drive to future extension at Laguna Shores Road.
f-Iato Road. Agnes Street to Bear Lane.
F-Iour Bluff Onw SH 358 to Matlock Drive
G/enoak Drive. i=lour Bluff Drive to Laguna Shores Road.
Graharn Road, :=Iour Bluff Dnve to Laguna Shores Road.
Haven Drive McKinzie Road to future extension at \/iolet Road.
Hearne Road. Callicoatte Road to Up River Road.
Hereford ROAd. I_eopard Street to Agnes Street.
Hopkins Road. Southern Minerals Road to S.H 358
Horne Road. Ramsey Street to Kostoryz Road.
.,=.C;-l iE:l' ',"'-r:)nica()\F ;r~R:f'J(~
j- ~
Page 6 of 9
~~'Istlin Hornet Drive Waldroll Road to Laguna Shores Road.
he Mireu!" RoaU (FM h;3) S H 44 to Bear Lane.
Liguna ShoresC?oad. Par~ Road 22 to Yorktown Boulevard.
L mds Road Gn"!enwood DrivE" to Ayers Street (S.H 286).
intnn;, Pnli Ilterc:tClt'.~ · I 'p Rirt RO"lt],nd ['oparc Street to Lexington
jle Jard
Leewanj orive.5t Bartholomew Dnve to Windward Drive.
xingt:y Boulevard LEoparcl Street to S.H. 358.
Loes Bou/evara South Staples (FM 2444) to future extension at Airline Road.
McArdle Road, Ayers Street to Ennis Joslin Road.
McBride Lane, Up River Road to Agnes Street
McCamobell Road, Leopard Street to Agnes Street
tvkGloin Rowl. C':larkwo,)d Road to future extension of Manning Road.
McKinzie Road. Interstate Highway 37 to future extension at planned extension
of Violet Roae.
\';()rton StreeT K )storyz Road to Ramsey Street
.\.;ueces Bay Boulevard West Broadway to Leopard Street
Omaha Drive Interstate 37 to Agnes Street.
Oso Parkway Yorktown Boulevard to Lens Drive.
Palm Drive Interstate Highway 37 to Comanche Street.
Ptrk Avenue Shoreline Boulevard to Water Street.
People~ StreHt. ower Broadway to Shoreline Boulevard.
Path Lane Interstate Highway 37 to Buddy Lawrence Street
Irdue r~oaCf FIJur Bluff ROdij to Waldron Road.
Ramsey Street, '-iome Road to Norton Street
Rhew Roaci. I.eopard Street to Sedwick Road.
Richter StreeT, S H. 358 to tuture extension at Holly Road.
Robert Street. Alameda Street to Ocean Drive.
Sam Rank in Street, Port Avenue to IH. 37.
Santa Elena Street, Airport Road to Joe Mireur Road.
Srhanen Boulevard, Weber Road to Everhart Road.
1-<1 EG.D!!,\,pcClnlcaO\EN'.INF ERINGT "I\'~':
Ol(!
";lffic StOthe'-T'!!{...:Kl 'lSr.~
Page 7 of 9
Sea Prne" Drtvf South Padre Island Drive (Park ROnd 22) to west terminus.
SfJams,rJurq f~odd interstate Highway 37 to Up River Road
Siouqh .Roae Afline Road south to future extension at Oso Parkway.
Stan Srreet Sh, ;reline Rouie'/ard to Lower Broadwa
~),l!Jlid& KUciU. \'P Rlvel KOcHI to northern terrnlllUS
Irfs/ciA RiJu/ev'lrd IE.:=1st\ E-Im Street to Pearl Street IWest) U S 181 West
Frontage Breakwater Avenue
Surfs/del limon Boulevard. Elm Street to Gulden Street.
Tmcalua Street Interstate ~ to Brewster Street
Tarlton Street. F. yers Street to Greenwood Drive.
Taylor Street S'loreline Boulevard to Upper No Broadway.
Texan Trail. Staples Street to Santa Fe Street
Tlgel Lane. VVeiJer Roar] to Flynn Parkway
Trojan Drive Greenwood Road to S.H. 286
Tuloso Roaci Leopard Street to Up River Road
\/llla Olive Baldwin Boulevard to Agnes Street.
West Broadway Street Nueces Bay BOUlevard to U S 181.
West Pain' F'oa ::l, S. H 35B tc future extension of Holly Road at Old Brownsville
Road
vVestchester Dr 'Ie LeDoard C3treet to BaldWin Boulevard.
Whitecap Boulevard. west tel-minus to Windward Dnve.
Williams [)ri~ e. '''::verhart RO;:Jcj to Rodd Field Road
Windward Drive Whitecap Boulevard to St. Bartholomew Drive.
~Vinnebago Street, I H 37 North Frontage to No. Port Avenue.
Wooldridge ROed. Staples Street to future extension at planned extension of Oso
Parkway
Other Throuqh Streets
Parr Street, Comanche Street to Ahern Street.
~/untzer Stre~ Ahern Street to Aqnes Street (S. H. 4--1:1
Ahern Street. Parr Street to Bluntzer Street."
:::(;_r~,iQ'. ',-,',:'-'miC8()\Fi '~i FP!t-I(-.;
Page 8 of 9
19663Wp <. 21.154 Ord N ~2~45 ~ 2 3-12-1985: Orci. No. 22836, ~ 1,1-28-
1997
SECl fON 2 I' tD: ('lilY easun:3nY section. paragraph. subdivision, clause, phrase, word
r [Jrc ISiun.)f thiS lAd I lance shal, held Ifwalld or unconstitutional by final judgment
of a Cl ,un at cumpetent JUriSdiction It shall not affect any other section, paragraph,
subdivIsion. clause phrase word or provision of this ordinance, for it is the definite
I!ltentf nus City und that t veil section, paragraph, subdivision, clause, phrase,
word l rovis,on hered be gl\en full force and effect for its purpose.
SECTION 3. Publicat;c!n shall be made in the official publication of the City of Corpus
Christi as required by the City C:harter of the City of Corpus Christi.
Dr- . ",caUEf"IN RIr'I' ,; ,
f" :)tf
'-,r'-__I:JhSt
Page 9 of 9
That Ole foregoing ordinance was read for the first time and passed to its second
readinqm this the rj8' (!1 :Z()(16. by the following vote:
Henr\ C,lrrett
Re> .4., Kinnisu
Brent i~l,psne/
iohn F Mme?
MeloOf! -~oopE-,r
Jesse Novola
Jerry ';;11 C;Ii:1
Mal k SCUll
Bill Kellv
That the foregolncl ordinance wa5 read for the second time and passed finally on this
the day of 2006 by the following vote:
Henry Garrett
Brent Chesnev
Meloel\! '-~ooppr
Jerry Garcia
Bill Kelly
Rex A Kinnisoi-!
John E Marez
Jesse Noyola
Mark Scott
PASSED AND ,LI.,PPRC:VED thiS the ~n_ day of________
,2006.
ATTESl
Armando Chapa
City Secretary
Henry Garrett
Mayor City of Corpus Christi
APpROVED 7 May 2,)06
f\\ '~'fW/JL OCVJfJ
--U--'\-----~ ~----
Veronica Ocanas
Assistant City Attorney
for City .Attorney
ere "F" "':.nicaOIE'iGI: iFF:RI~JG TR'\'
.StOt'lel
19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update
STAFF PRESENTER(S):
Name
1. Bryan Smith
2.
Title/Position
Commander
Department
Police
OUTSIDE PRESENTER(S):
Name
1. Butch Pool
Title/Position Organization
Chairman Crime Control and Prevention
District Board of Directors
ISSUE: The Crime Control and Prevention District Board gives quarterly project
updates to the City Council.
BACKGROUND: The status of current projects will be reviewed.
REQUIRED COUNCIL ACTION: None
~~--
~A.'J~~
Acting Chief of Police
i.~~~~~..:.~4~~
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DI.T.ICT
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Corpus Christi
Crime Control & Prevention District
Quarterly Project Update
Crime Control & Prevention District
Quarterly Budget Update
. 750/0 into 2005-06 budget year
. Expenditures - 71 % of budget
. Revenues are up 30/0 over projections
. Pawn Shop Detail is fully funded
. Fund balance remains healthy
1
.
.~""
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2005-06
Budget Status
. Continued focus on Core Programs
- 50 Police Officers
- Juvenile Assessment Center
- Pawn Shop Detail
. Continued focus on long term fiscal
responsibility and control
. Renewal vote in ?
- November, 2006
- April, 2007
- November, 2007
2006-07
Budget Proposal
. Total Expenditures $4,756,050
- Personnel costs - 30/0 increase
- Group insurance - 100/0 increase
- Self-insurance - 80/0 increase
. Total Revenue $4,685,495
- 3.50/0 projected
. All programs fully funded
. Ending fund balance $2,007,843
2
"
.,
Crime Control & Prevention District
2006-07
Budget Calendar
Mgy--.Z. - CCD public hearing & budget
adoption
June 13 - City Council public hearing
June 27 - City Council approves or rejects
CCD Budget
'..-'........;...'\1
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Crime Control District
Renewal Vote
__ ._.00.0..._0______
. Renewal vote in ?
- November, 2006
- April, 2007
- November, 2007
. Renewal Period ?
- 5-year
- la-year
3
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Corpus Christi
Crime Control & Prevention District
2005 Project Report...
Current District Status
. Assignment of 50 Police Officers
- 8 Directed Patrol Officers
- 10 Juvenile Enforcement Team (JET) Officers
- 5 Bicycle Officers
- 3 Moped Officers
- 2 Traffic Safety Officers
- 1 Narcotics Officer (with a drug dog)
- 1 Campus Crime Stoppers Officer
- 20 Patrol Officers (enhance patrol response)
4
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Quarterly Project
Update
. Pawn Shop Detail
. Directed Patrol Program
. Bicycle Patrol Program
. Walking Motors Patrol Program
. Campus Crime Stoppers Program
. Juvenile Assessment Center
Pawn Shop Detail
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Pawn Shop Detail
. Fully Staffed on October 31, 2005
. 3 Data Entry Clerks, 1 Office Mgr
. Since November, 2005...
- 296 items recovered, valued at $203,300
(Versus $38,118, same period last year)
- 120 criminal cases closed
. Identified 34 "Frequent Pawners"
Pawn Shop Detail
identifying Serial Criminals
. Forgery Case
- 16 items recovered, $1,073 - 1 arrest
. Burglary Case
- 42 items recovered, $4,170 - 1 arrest
. Burglary Case
- 97 items, $17,766 - 1 arrest,
1 pending
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Directed Patrol Program
. Board-ups
. Graffiti
. Arrests
. Clean-ups
. ((-PAL
. NIP
. Hotspot
. Wishes & Dreams
DPO Emergency Board-ups
. Continue to focus NIP, Graffiti Wipeout, Emergency
Board-ups and other Quality of Life issues...
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Bicycle & Moped Units
. Continue to focus on street crime, drugs
and other neighborhood issues...
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. Currently in 26 schools
- CCISO, Tuloso Midway, Calallen, West 050, & F.B.
. Expansion in 2006-07 School Year
- Robstown ISO - Driscoll ISO
-- Banquete ISO - Bishop ISO
- Agua Dulce ISO
. Miller High School & Driscoll Middle School
named "Programs of the Year"
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Campus Crime Stoppers
Programs of the Year
Miller High School & Driscoll Middle School
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Crime Control & Prevention District
Juvenile Assessment Center
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Juvenile Assessment
Center
. YTD Intakes: 702
'.- Day 182, Night, 104, Court referred, 416
- Active Caseload, 95
. Currently compiling the Annual Report
. Mariah Boone left on May 12th
.- Lisa Oliver & Beth Hartman are filling in
-- Permanent replacement in progress
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