HomeMy WebLinkAboutAgenda Packet City Council - 11/14/2006
CITY COUNCIL AGENDA
NOVEMBER 14, 2006
Corpus Christi
*****
All-Alllerica CiIV
1 45 a.rn
Proclamation declaring Novernber 13, ~~006 as "Flint Hills Resources 25th Anniversary"
Proclamation declaring November 14, 2006 as "Dispute Resolution Day"
At Your ServicE Award" CitV Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
NOVEMBER 14, 2006
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Councti Meeting, whichever is earlier Please speak mto the microphone located at the podium and state your name
and address Your presentation will be limited to three minutes If you have a petition or other information pertaining to your
;;ubject, please Qresent it to the C dy Secre' arv
SI Usted desea diriglrse al /-;oncilo y cree Clue su mgles es limltado habra un mterprete ingles-espanol en todas las juntas
tel Concilio cara ayudarle
Persons witt, disabilities who pial to attend flus meetmg dnd who may need auxiliary aids or services are requested to
:ontact the elt}i Secretar'ys office fat 351-826- 31 051 at leas[ 48 hours in advance so that appropriate arrangements can be
nade
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church.
C Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro T em Mark Scott
Coul\CiI Members:
Brent Chesney
Meloey Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John Marez
Jesse Noyola
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
Approval of Regular Meeting of November 7 2006 (Attachment # 1)
Agenda
Regular Council Meeting
November 14 2006
Page 2
F BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
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I.
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Citizens Advisory Health Board
Library Board
Regional Health Awareness Board
Transportation Advisory Committee
Weed and Seed Steering Committee
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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, 111 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.
CONS
ORDI
T MOTIONS RESOLUTIONS ORDINANCES AND
NCES FROM PREVIOUS MEETINGS:
(At thiS point the Council will vote on all motions, resolutions and ordinances
not removed for individual consJderationj
~ Motion approving a supply agreement with the following
companies for the following amounts for hot mixed asphalt, based
on low bid, for primary and secondary awards, in accordance with
the Bid Invitation No. 81-0027-07 The term of the agreements
shall be for SIX months with an option to extend for up to five
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
November 14 2006
Page 3
additional six-month penods. subject to the approval of the
suppliers and the City' Manager or his designee. Funds have
been budgeted by Street Services In FY 2006-2007 (Attachment
# 3)
HAC Materials, L TO
Corpus Christl, Texas
$499,200
Primary Supplier
Bay, L TO
Corpus Christi. Texas
$144,028
Secondary Supplier
Grand Total' $643,228
4 Motion approving a service agreement with Digital Mapping
Services, LP.. of Corpus Christi, Texas for GIS mapping updates
in accordance With the Cooperative Purchasing Agreement with
the State of Texas in the amount of $45,000. Funds have been
budgeted by the \Nater Department In FY 2006-2007.
(Attachment # 4
5. a Resolution authorizing the City Manager or his designee to accept
grant funding in the amount of $35,000 from the Texas
Department of Transportation for an Impaired Driving Mobilization
Selective Traffic Enforcement Project (STEP) grant for OWl
enforcement overtime within the Police Department and to
execute all related documents (Attachment # 5)
5 b Ordinance appropriating $35,000 from the Texas Department of
Transportation for funding of an Impaired Driving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department in the No.
1061 Police Grants Fund. (Attachment # 5)
6 Motion authorizing the City Manager or his designee to execute
a lease agreement with the Nueces County Appraisal District for
a two-year term with a right to renew for three additional one-year
periods beginning at $64,092 per year and providing for an annual
adjustment according to the Consumer Price Index. (Attachment
# 6)
CITY COUNCIL
PRIORITY ISSUES
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Regular Council Meeting
November 14 2006
Page 4
Motion authorizing the Director of the Public Health District to
execute an agreement with the Association of Public Health
Laboratories for testing of environmental samples relating to a
plan for responding to bioterrorism (Attachment # 7)
8 Resolution authorizing the City Manager or his designee to accept
the donation of a monument commemorating the World War II
Peari Harbor Survivors from Corpus Christi by installing a
monument in Sherrill Park (.<\ttachment # 8)
~1 Motion authorizing the City Manager or his designee to execute
a professional services contract with TriStem, Ltd. of Hewitt,
Texas to conduct an audit and study of prior electric utility billings
(including street light bills) billed to the City to determine whether
amounts paid by the :::::ity were correct. (Attachment # 9)
"0 Motion authorizing the City Manager or his designee to extend the
maintenance agreement for twelve months with Vista Solutions
Group, Inc of Round Rock, Texas in an amount not to exceed
$26208. Included In the maintenance agreement are the
VisiFlow applications utilized by the Municipal Court, Finance, and
Engineering Services Departments for electronic document
archival and work flow routing [Attachment # 10)
-; 1 a, Ordinance authorizing the City Manager or his designee to
execute a short-term lease agreement, not to exceed one (1)
year with Chet Rasberry, in consideration of lessee's making
improvements to the leased structures of a minimum value of
$50,000 and an annual rental fee of $0.17 per square foot, to
operate a helicopter maintenance facility and helicopter charter
operations on 91,250 square feet of land and improvements
located at Corpus Chr'isti International Airport (Attachment # 11)
11 b. First Reading Ordinance - Ordinance authorizing the City
Manager or his designee to execute a twenty (20) year lease
agreement with Chet Rasberry, in consideration of lessee's
making improvements to the leased structures of a minimum
value of $50,000 and an annual rental fee of $0.17 per square
foot. subject to scheduled increases, to operate a helicopter
maintenance facility and helicopter charter operations on 91,250
square feet of land and improvements located at Corpus Christi
International Airport; oroviding for publication (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
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Regular Council Meetmg
November 14 2006
Page 5
12 First Reading Ordinance Ordinance amending Ordinance No.
027017 ordering a general election to be held on April 14, 2007,
in the City of Corpus Christi for the election of Mayor and eight
Council Members to include an election for the continuation of the
Crime Control and Prevention District and sales tax for 10 years.
(Attachment # 12)
13 Motion authorizing the City Manager or his designee to execute
a construction contract in the amount of $703,900 with Malek, Inc.
of Corpus Christi, Texas for the Corpus Christi International
Airport Terminal Chiller Replacement 2006 project (Attachment
# 13
14 Motion authorizing the City Manager or his designee to execute
a construction contract with RCM Constructors, Inc. of Corpus
Christi, Texas in the amount of $249,000 for the Sanitary Sewer
and Storm Water Manhole Ring and Cover Adjustment FY 2006-
2007 for the Base Bid and Additive Alternates No. 1 and 2.
(Attachment # 14)
15a Resolution authorizing the City Manager or his designee to
execute an I nterlocal Agreement with the Downtown Management
District of Corpus Christi, Texas and the Regional Transportation
Authority of Corpus Ch risti. Texas for the DT own Streetscape and
DTown Wayfinding Assessment Projects. (Attachment # 15)
15 b Ordinance appropriating $24,000 from the Regional
Transportation Authority and $24,000 from the Downtown
Management District into the Street Capital Improvement Program
Fund No. 3530, for the DTown Wayfinding and DTown
Streetscape Projects; amending the FY 2006-2007 Capital Budget
adopted by Ordinance 026997 to increase appropriations by
$48,000 (Attachment # 15)
15.c Motion authOrizing the City Manager or his designee to execute
an architectural contract with Gignac and Associates of Corpus
Christi. Texas in the amount of $48,000 forthe DTown Wayfinding
and DTown Streetscape Projects (Attachment # 15)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
November 14 2006
Page 6
'6 MotIon authorizing the City Manager or his designee to execute
Change Order No.1 '0 the Northwest Library Expansion Project
with Nuway International. Inc of Corpus Christi, Texas in the
amount of $40,391 45 for a re-stated contract price of
$1,419,340.03 for removal and replacement of the external wall
with water damaged building materials and asbestos remediation.
(BOND ISSUE 2004) (Attachment # 16)
'17 a Ordinance appropriating $522,721.46 from the unappropriated
interest earnings from Water Capital Improvement Program Fund
4083 for the required relocation and upgrade of an 8" waterline
along the Joe Fulton Trade Corridor; amending the Capital Budget
adopted by Ordinance No 026997 by increasing appropriations
by $522,721 46. (Attachment # 17)
'17 b Motion authorizing payment to the Port of Corpus Christi in the
amount of $522.721,46 for the relocation and upgrade of an 8"
waterline along the Joe Fulton Trade Corridor as required by an
Interlocal Agreement approved by City Council on August 26,
2003 (Resolution No 025453) (Attachment # 17)
18a. Motion approving an amendment to 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, to reflect a cost
increase of $227,05276 for the reconstruction of the existing
Master Plan Lift Station No 1047 (Greenfields by the Bay),
located east of Rodd i=ield Road and south of Wooldridge Road.
(Attachment # 18)
18 b Ordinance appropriating an additional $227,052.76 from the
Sanitary Sewer TrunK Trust Fund No. 250410-4220 to pay AI
Development, Inc. for the construction and installation specified
in the Sanitary Sewer Trunk Force Main and Lift Station
Construction and Reimbursement Agreement. (Attachment # 18)
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PRIORITY ISSUES
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Agenda
Regular Council Meeting
November 14 2006
Page 7
PRESENTATIONS:
Pubiic comment will no; be solicited on Presentation items.
~ 9 Downtown Redevelopment Committee Report (Attachment #
19)
J PUBLIC HEARINGS
ZONING CASES:
20 Case NO.1 006-01, Young Men's Christian Association of Corpus
Christi (YMCA): A change of zoning from an "A-1" Apartment
House District to an "A-2" Apartment House District. The property
being North half or Tract "A" of the Stillman Tract, located
between S, Carancahua Street and Upper South Broadway,
adjacent to the existing YMCA building. (Attachment # 20)
Planning Commission and Staff's Recommendation: Approval of
a change of zoning from an "A-1" Apartment House District to an
"A-2" Apartment House District
ORDINANCE
Amending the Zoning Ordinance, upon application by Young
Men's Christian Association of Corpus Christi (YMCA), by
changing the zoning map in reference to north half or Tract "A" of
the Stillman Tract, from "A-1 t' Apartment House District to "A-2"
Apartment House District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan;
providing for penalty
21 Case NO.1 006-02. J P. Global Investments. Inc.: A change of
zoning from a "R-1 B" One-family Dwelling District, "A-1"
Apartment House District, "B-2" Bayfront Business District and "1-
3" Heavy Industrial District to a "R-E" Residential Estate District.
The property being 1? .441 acres of Lots 9 and 10 out of Section
54, Flour Bluff and Encinal Farm and Garden Tracts, located on
the northwest side of Laguna Shores Road between Lola Johnson
Road and Hustlln' Hornet Dnve (Purdue Road), (Attachment #
21 )
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PRIORITY ISSUES
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Regular Council Meeting
November 14 2006
Page 8
Planning Commission and Staff's Recommendation: Approval of
a change of zoning from a "R-1 B" One-family Dwelling Distnct, "A-
1" Apartment House District, "B-2" Bayfront Business District and
"1-3" Heavy Industrial District to a 'R-E" Residential Estate District.
ORDI NANCE
Amending the Zoning Ordinance upon application by J.P. Global
Investments, Inc.. by changing the zoning map in reference to
17.441 acres out of Lots 9 and 10. out of section 54. Flour Bluff
and Encinal Farm and Garden Tracts, from "R-1 B" One-family
Dwelling District. "A-1" Apartment House District, "B-2" Bayfront
Business District and "1-3" Heavy Industrial District to "R-E"
Residential Estate District: amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan;
providing for penalty
22 Case NO.1 006-03. EI Paso Cuatro LLC: A change of zoning from
a "B-1" Neighborhood Business District to a "B-4" General
Business District. The property being 2.899 acres or 126,297.23
square feet out of a portion of Lot 1 0 known as Lots 1 OE and 10F,
Bancroft Farm Lots, located on Villa Drive approximately 260 feet
north of Leopard Street. (Attachment # 22\
PlanninQ Commission and Staff's Recommendation: Approval of
the "B-4" General Business District on the east 522.41 feet of the
subject property (Tract 1) and denial of the "8-4" on the west 180
feet of the property (Tract 2), in lieu thereof, approval of a "B-
1/SP" Neighborhood Business District with a Special Permit for a
mini-storage facility With five (5) conditions subject to the site plan.
ORDINANCE
Amending the Zoning Ordinance, upon application by El Paso
Cuatro, LLC, by changing the zoning map in reference to 2.899
acres or 126,297.23 square feet out of Lot 10 known as Lots 10E
and 1 OF, Bancroft Farm Lots, from "B-1" Neighborhood Business
Distnct to "B-4" General Business District on Tract 1 (1.910 acres
or 83,201.18 square feet) and "B-1/SP" Neighborhood Business
District with a Special Permit on Tract 2 (0.989 acres or 43,096.05
square feet); amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan; providing
for penalty
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
November 14 2006
Page 9
RENEWAL COMMUNITY
23 a Pubiic Hearing to consider and nominate applications to the Office
of the Governor fer Commercial Revitalization Deduction
allocations (Attachment # 23)
23 b. Resolution nominating projects to the Office of the Governor for
Renewal Community Commercial Revitalization Deductions.
(Attachment # 23)
MASTER SANITARY SEWE~ PLAN:
24 a Public Hearing to amend the City's Comprehensive Plan by
amending the Master Sanitary Sewer Plan (Master Plan for
Sanitary Sewers 1963) by repealing the portions of the master
plan covered by Study Areas 5 and 6 and by approving and
adopting the Wastewater Collection System Master Plan,
Greenwood WWTP Service Area Study Areas 5 and 6 and
Whitecap WWTP Service Area Study Areas 7, 8. 9, 10, 11 and
12. Attachment # 24
24 b. First Reading Ordinance .. Ordinance amending the City's
Comprehensive Plan by amending the Master Sanitary Sewer
Plan (Master Plan for Sanitary Sewers 1963) by repealing the
portions of the master plan covered by Study Areas 5 and 6 and
by approving and adopting the Wastewater Collection System
Master Plan, Greenwood WWTP Service Area, Study Areas 5 and
6 and Whitecap WWTP Service Area Study Areas 7, 8, 9, '10, 11
and 12 (Attachment # 24)
K. REGULAR AGENDA
CONS~ERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
25 Ordinance amending the Code of Ordinance, Chapter4, Alcoholic
Beverages, by adding Section 4-8, Open Containers and
Consumption of Alcoholic Beverages Prohibited in certain public
places. providing for penalties (Attachment # 25)
CITY COUNCIL
PRIORITY ISSUES
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Regular Council Meeting
November 14.2006
Page 10
~~6 a Ordinance appropriaTing $1.036,000 from the Unreserved Fund
Balance in No 1020 General Fund for "one time" expenditures
approved in the FY 2006-2007 Operating Budget including:
Central library Fire Panel $50.000: air condition systems for Ben
Garza Gym $50,000 lindale Senior Center $17,000, and Ethel
Eyerly Senior Center $19,000: Fire Station Driveways $100,000;
and Street Maintenance $800,000 amending the FY 2006-2007
Operating Budget adopted by Ordinance 026908 by increasing
appropriations by $1 036.000 (Attachment # 26)
26 b Motion approving the purchase of three (3) asphalt rolling
machines from Conley Lott-Nichols of Dallas, Texas, for a total
amount of $170511. The award IS made in accordance with the
Cooperative Purchasing Agreement with the Texas Local
Government Cooperative All three machines are replacements
to the fleet Funds for the machines are available in the street
operations budget (Attachment # 26)
~)7 Motion authorizing the City Manager or his designee to execute
a design and construction contract with Corpus Christi Baseball
Club L.L.P. of Corpus Christ:. Texas in the amount of $0 for the
construction of a Right Field Access Ramp at Whataburger Field.
(Attachment # 27)
28 Consideration of a request to exempt Kitty Hawk Subdivision
located east of County Road 41 and south of South Staples Street
(FM 2444), from Wastewater Acreage/Lot Fees, submitted on
behalf of John Bratton. owner and developer. (Attachment # 28)
29 a. Resolution approving the execution of an Affordable Housing
Program Agreement between the Corpus Christi Business and
Job Development Corporation, the City of Corpus Christi, and
Nueces County Community Action Agency (NCCAA) to allow the
Corporation to grant $200.000 to the NCCAA for infrastructure
development of a new construction project as part of an
Affordable HOUSing Program; and authorizing the City Manager to
execute the Program Agreement on behalf of the City.
(Attachment # 29)
CITY COUNCIL
PRIORITY ISSUES
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Regular Council Meeting
November 14. 2006
Page 11
L'9 b Resolution approving the execution of an Affordable Housing
Program Agreement between the Corpus Christi Business and
Job Development Corporation and the City of Corpus Christi to
allow the Corporation to grant $200,000 to the City for the Model
Block Program- Infili Housing Project as part of an Affordable
Housing Program; and authorizing the City Manager to execute
the Program Agreement on behalf of the City. (Attachment # 29)
29 c Resolution approving the execution of an Affordable Housing
Program Agreement between the Corpus Christi Business and
Job Development Corporation, the City of Corpus Christi, and
John Mikulencak DBA Extreme Homes of Texas to allow the
Corporation to grant $160 067 of Affordable Housing Funds to
Extreme Homes of fexas for New Construction Homebuyer
Assistance, and authorizing the City Manager to execute the
Program Agreement on behalf of the City. (Attachment # 29)
30 Resolution nominating Flint Hills Resources, LP, to the Office of
the Governor Economic Development and Tourism through the
Economic Development Bank for designation as a qualified
business and Triple Jumbo Enterprise Project under the Texas
Enterprise Zone Program under the Texas Enterprise Zone Act,
Chapter 2303. Texas Government Code. (Attachment # 30)
31 a. First Reading Ordinance - Ordinance granting to Earthlink, Inc. a
non-exclusive one-year franchise to operate, maintain, construct,
extend. and upgrade facilities of a wireless network in the public
rights-ot-way. (Attachment # 31 )
31 b First Reading Ordinance - Ordinance granting to Earthlink. Inc. a
non-exclusive ten-year franchise to operate, maintain, construct,
extend, and upgrade facilities of a wireless network in the public
rights-of-way. (Attachment # 31)
(RECESS REGULAR COUNCil MEETING)
L MEETING OF CITY CORPORATION:
32 CORPUS CHRISTI COMMUNITY. IMPROVEMENT
CORPORATION: (Attachment # 32)
CITY COUNCil
PRIORITY ISSUES
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agenda summary)
A.genda
Regular Council Meeting
"Jovember 14 2006
Page 12
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REC;UL.AR MEETING
Date
Tuesday', November 14, 2006
Time
During the meeting of the City Council beginning at
10:00 a m
Location.
City Council Chambers
City of Corpus Christl
1201 Leopard Street
Corpus Christi Texas 78401
1 President Rex Kinnison calls meeting to order.
2 Secretary Armando Chapa calls rol>
Board of Director:,
Rex A. Kinnison, ,:)res
Brent Chesney, Vice Pres
Melody Cooper
Jerry Garcia
Henry Garrett
Bill Kel!y
John Marez
Jesse Noyola
Mark Scott
Officers
George K Noe. General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance Sanchez. Asst. Treasurer
3 Approval of the rnirutes of October 18, 2005 and
September 19 2006
4 Approval of thp financIal report.
5 Approval of a request by the Nueces County Community
Action Agency to amend their CHDO agreement to
Increase the maximum purchase price of a home under
their CHDO program from $80,000 to $85,000.
6 Public Comment
7 Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
t\genda
Regular Council Meeting
November 14. 2006
F)age 13
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE r=ORM 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 pertaming to vour subject. please present it to the City
Secretary)
S/ usted se dirige a lajunt", y cree que su mgles es lirnitado. habra un interprete
ingles-espanol en la reun"jn de la Junta para ayudarle
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N,EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Counct! 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 Meetmg 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 pres/ding office
33 Executive session under Texas Government Code Section
551 071, regarding Cause Number 04-4001-B, Tufts Cove
Investment Corporation, N.V vs City of Corpus Christi, in the
11 yt'1 District Court of Nueces County, Texas, with possible
discussion and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
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i~genda
Regular Council Meeting
November 14 2006
Page 14
34 Executive session under Texas Government Code Sections
551 071 and 551.087 regarding proposal from Earthlink aboutthe
City of Corpus Christi Citywide Integrated Wi-Fi Network, with
possible discussion and action related thereto in open session.
35 Executive session under Texas Government Code Section
551 071 regarding fire collective bargaining negotiations, with
possible discussion and action related thereto in open session.
36 ExecutIve session under Texas Government Code Section
551 071 regarding police collective bargaining negotiations, with
possible discussion and action related thereto in open session.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities, request by Council for information or reporls
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions <egarding city-related matters
37 CITY MANAGER'S REPORT
*
Upcoming Items
38 MAYOR'S UPDATE
39 COUNCIL AND OTHER REPORTS
P ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin Doard at the front entrance
to City Hall, 1201 Leopard Street. at /) pm, November 10.2006.
/ (J~J1 i()JY(C (( rtl_X,
. Armando Chapa ''vi
City Secretary
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
November 14 2006
Page 15
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
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agenda summary)
1
MINU
" )~ ,~IRPUS_HRiS T I TEXN)
l!;.Y Cour<:' Meetng
Nr \/e''1cer 7 2D(;E' 'JO a '11
PRESENf
Mayor Henry Garret:
Mayor Fro Tem MarK Scot
_~Jncll MeD~I'per~
Vle'ody COO~'t~r
_,erry Garcia
Kel!\
2. KW~'ils\
~sse Nov'
City Staff
Assistant City Manager Oscar Martinez
City Attorney Mary Kay Fischer
-:tv Secretary Armando Chapa
ABSEN,
Brent C'lesney
John M"i rez
rv1ayor CJarrett ca!leij the r11eetlr'l1 tc order ,'1 the Council Chambers of City Hall.
1e i1vocatlcw was Jellvered by F'astor Jar r. SrTli:n of First Family Church and the Pledge of
Alleglan :e t.c the Un ted St:,tes flag was led by Ccu Member Jerry Garcia.
Mayor CJarrett ca leei for approval of the mu:utes of the regular Council meeting of October
31 200E A, motion was made and Gassed to approve the minutes as presented
Mayor Garrett cailec for consideration of the consent agenda (Items 2 -12) Councilmember
Noyola c-J'1nounced t'~at he Noud be aos131nlng frlT! the vote and discussion on Item 11. There
Nere no:ornments f' m tht Dubi::: th,:;. ncd' tv Secretary Cilapa polled the Council for their
votes as '0 lOW'"
MQJiON_I'!Q . 2006~60
Motion authOriZing Vie pwchase of various equipment for a total cost of $747,664.53 utilizing
funds from the 2001 Homeland Security Grant awarded to 'he City of Corpus Christl and
budgeted in "'e FirE-- Grant F uncJ 1 ]62
e foregoing motic was Odsse,j and apvoJed With the fcllowing vote Garrett, Cooper,
(,arcla, Kelly Kinnison NOYOla ("j'"1C Scott iOllng "A.ye" Chesney and Marez were absent
a. r/1QnQN~Q ,2006- 3.21
Mot,on autho''lZlng t, Ie City Managpr or hiS c!eslgnee to extend Oracle Database Enterprise
bjltion software upaate and product suppOIt from Oracle USA Inc. of Reston, Virginia In the
amount of $54 791 H8 for the tweve-month period beginning November 23,2006 Oracle
lJSA. Inc IS an app'Jved Texas Department of Information Resources vendor
1 'le foregol matlc) was passed and ap~"oved With the following vote: Garrett, Cooper,
Carcla. Ke:iv KlnniS)n Noycla a'lC Scott. ,oting '.A.ye' Chesney and Marez were absent.
rvlinutes-- Regular. oune Mee:nq
Noverr~1e 7 )006 PagF 2
3 b '\ilQI.LO!i_~',.) 200(,:36::
\/lct;on authorizing the City Manager or hiS designee to extend Oracle Real Application
;,sters softvvare pdate and product support from Oracle USA, Inc. of Reston, Virginia in
'1e amount:::f $58 19088 for t'le twelve-month period beginning January 7,2007. Oracle
IS;" Incs an ap[Coved Texas Department of Information Resources vendor.
he foregOing moton was JaSseij and approved with the following vote: Garrett, Cooper,
JcVGla Kell, Kinn son Novola and Scott VOTing 'Aye" Chesney and Marez were absent.
4 a \1SJ T!Qt\! N5J-20Ge:lg}
/lotion autnYlzng ne City rJ1anager or nlS deSignee to accept additional grant funding in the
Hrcun' of SA 50 OC J from the Executive Office of the PreSident, Office of National Drug
cmc Pol cy tc;,upport Ule P)llce Departments role 11 the Texas Coastal Corridor
vatlve i~ .'le HOlston Hlgr 1:ltel5lty Drug Trafficking Area
he foregol"",J mot;n was passeej and approved With the follOWing vote: Garrett, Cooper,
;arcla Kell/ Kinn son Noyola and Scott voting 'Aye" Chesney and Marez were absent.
4 b. .' )EPINAN~!;~~ J2.I942
irl narlce appropratlng $' 50 ODe from he Executive Office of the President, Office of
!\~atlonal Drug Cortrol PoliCY i'! T1e No 1061 Police Grants Fund to support the Police
)eoartment s role the Texas Coastal Corridor Initiative In the Houston High Intensity Drug
raftlcKing ;"rea
.,n emergercy was declare,j ani] the foregOing ordinance was passed and approved With
'lIe fOllow!ng vote. 3arrett. Coope" Garcia Kelly Kinnison, Noyola, and Scott, voting "Aye";
hesney and Marez were absen'
'vlGrtQ r-{ ti0200t3f?4
/10'1on apprr)Jlng a SUPpiY agreement Witt': Ferguson Enterpnses of Corpus Christi, Texas
srructura flbergk~ss linersr accordance With Bid Invitation No. BI-0215-06 based on low
::10 for an estinlateo annual expenditure of $42 128 58 The term of the contract shall be for
'welve rnonths With an option to extend for up to two additional twelve-month periods subject
; 'he approval of ;-le supp ler an] the Cltv Manager or hiS deSignee Funds have been
Jogeted 'he W'lstewater Deoartment FY 2006.2007
he foregOing motl.Jn was passea and approved With the follOWing vote: Garrett, Cooper,
,arCla Keil\ Klnnl..:.on Noycla and Scottv'otlng'Aye" Chesney and Marez were absent.
:\/lQJIO}:i.~9 2006365
rvlot!on approving t-,e purchase of five (5) defibrillators from Zoll Medical Corporation of
helmsford. Massachusetts for a total amount of $83,618.44 The award is based on the
'Joperatlve purchaSing agreement With the Houston Galveston Area Council (H-GAC). The
letbnllators Nill be used by the F re Department Funds have been budgeted by the Fire
eoartmentn FY ~: J06.200 7
1e foregOing motli:n was cassed and approved With the fellowing vote: Garrett, Cooper,
8'rla Kelly KI'wl'on l\Joyya ::wd Scott. voting Aye" Chesney and Marez were absent
\l'nutes
\;,.:vemb,
F<:eguar>)jnCII 'J1eet
2CJe - : 'aCje
fYl!)lJOl\..t-JQ~QQ~- 5Qf5
I'v\)ton approving a SUDoiy agreement Wi!tl GT DiStributors, Inc. of Austin, Texas for
acproxlmarelv 168,CJO roundS of ammunition In accordance with Bid Invitation No. BI-0044-
C cased :::rJW tea! b'Cl fO' an ..::.st1mated serriannual expenditure of $31,604.92. The
tt:,rr of "hE' Sl~PPiY dgreement ~, 'Cr SIX n--cnths with an cotlon to extend for up to five
ajdirlonai s,x'"nonth periods sUbJecT to the approval of the suoplierand the City Manageror
rs (jeslgnee Funds have Deer t'iJdgeted ov the Police Department in FY 2006-2007
e foregci'I'j motic I was pdSSe(1 and approvec with the folowlng vote: Garrett, Cooper,
Ke I; Kin Is'n Noye a i-:J Scott Aye' Chesney and Marez were absent.
!Y1QJ10N_~'LQ2006: 321
Motion autho'zlng tr e City Manager or hiS aesignee to execute a construction contract with
j.:. OrtiZ Cons"rJctior of JS CrYIStl. Texdsn the amount c:f$316,850 for the Rolled Curb
a d C3utter R~;Jlace"lent ;::y 200E 007
1 'Ie foregOing motlcl was passed and approved With the fOilowing vote: Garrett, Cooper,
C'cHria. Kei; KWliS\n Noycia 3:-":1 Scott luting 'Aye" Chesney and Marez were absent.
~lQJ10l\.l(Q 20Q2_ 32~
Motion autnor'lzlng Vie City Manager or hiS deSignee to execute a construction contract In
tne amount of S219.r-365 With RCM Construction of Corpus Christi, Texas forthe Wastewater
Sprlilce Te qepalr and (-:leal-'>,! Installation Program FY 2007
., 'e foregon; motlc I was p,3ssed and apvoved With the fodowing vote: Garrett, Cooper,
Ke'i( Klrl'Sln Noycla enj Scott iOtlngAye' Chesney and Marez were absent
~1f-2T_IO~LNQ )OOQ.~ 369
Mution autho'wng t':e Cry Manage or hiS deSignee to execute Change Order No 8 to the
Seawall Reccnstrucon P"oJect (=cntract U With cee Universal Constructors, LLC, Inc. of
~:lr Antone. T exaSl the arrO'Yil $134 ~ 93 fer tie Northbound Shoreline Drive Drainage
-, F'k E.xtersCJn
1 'e foregcil; mobc 1 was pdssed and ap~ rnveCJ With the foilowing vote Garrett, Cooper,
Caru8 Kel v Kwnlsln NOYCia d'le Scott ,otngA.ye' Chesney and Marez were absent.
~1QTJON_NQ .209,Q
I'vlotlon authonzlng Ue City Manager or hiS ceslgnee to execute an Environmental Services
Contract wlthA.RCAJIS ine of Corpus Chr sri Texas In an additional amount notto exceed
$13981 for a'estat>~d total fee "0' :0 exceed $31.451 for the Corpus Chnsti International
,Arport IndjsT~al Pal<: PhaSE II f:'nJ ronmertai Assessment Air LogistiCS site).
1 I-'e foregol'lg motic'l was passeej and ap!='-:Jved With the fOllowing vote: Garrett, Cooper,
Carola, KellY KlnnlS'Jn and SccP votmg',D./e" Chesrley and Marez were absent; Noyola
aostalned
"'Jlinutes - RegJlar i :ounc Meetln~:
Novemce 2J00 Page 4
.2 h~J::;;PL llHO~NO 02TC~;
;";;esolution authorizing the City Manager u his designee to execute an Advance Funding
'~gr-eement with the Texas Department of fransportatlon (TXDOT) In the amount of $0 for
andscape Irnprovements along US 181 on the north Side of Twigg Street from Mesquite
::;treet to Broadway Street
ile foregoing resol cJtlon was passed and approved with the following vote: Garrett, Cooper,
-;arcla Kel!\ KI'lmc;on Noyola 3fld Scott voting 'Aye" Chesney and Marez were absent.
"'~-'<*"k*""",,*+,*
'\/layor3arrett caii,..:;d fo' C,Juncil concerns and reports Mr Garcia expressed concern
-egardirlcJ Tfle resaie of evelt ticKets for trle American Bank Center Ms. Cooper asked if the airport
;JroVldec informatio: to passengers regarding the reqUired size of clear bags for carry-on items.
She announced that the next Town Hall nleetlng IS scheduled on Monday, November 13th at 6:00
D m. at Miler Hgh SchOOl
viayor Garrett cailec for me City Manager's report ASSistant City Manager Martinez stated
['"1at a conferenc::e sponsored by PubliC TeChnology Institute Will be held on December 4th and 5th to
elebrate the completion ot the VVr-= system
Mayor Garrett ca/lee for petitions from the audience Michelle Jones and Kelley Knight with
,'\ccesslbillty Coalition of the Coastal Bend thanked the council members who participated in the
Challege the Ba" and lJresented therll with awards
nere being n furt'er bustress tc::ome before the CounCil Mayor Garrett adjourned the
CounCil '~leetlnq at 1 12 0 '11 (Y N)VemtJer 7 2006
\ * * ~ ~ ~ * ~- * ~ ~ .~
2
~...._.~.~
a CITIZENS ADVISORY HEALTH BOARD -- One (I) vacancy with three-year term to 11-11-09.
J)UTIE~ 0 s'udv and assist In health and human servIce operatIons, services and programs, and to
'lake recnmmendatJons to the Cit\' and (o'lnty through the Director of Health and Human Services.
COMPOSITION: Ieven {ll) member'",- jive (5) members appomted by the City Council for three-
"ear terms, live (5) bv the ( ommlSSlOl1CrS Court; and onl; member appomted jointly by the City and the
ounty. ht' board Cd:'cts it~ myn prcsiden: and VIC,_ presIdent.
MEMBERS
* Amanda Stukenherg \ City). V Ice Chair
Dr. Cicorgc H Fisher City!
Rose ('aballC' c' (Coutty)
SUI/eue Chopm (eit.' )
Lee, Barrera,.Ir (COUilty)
VACANT (Collnty)
James ChruboclIlskl (<itYi
Patr'c:a Lynn Crangle (('11\)
Dr ,ony Diaz (Coun: v)
V ACANl (County)
AraselIa BarreLl (.j Olrt)
rERM~
1 1 -11-01,
1 I-Il-O~
'\Jon-Expiring
i 1 11-U~
~on-Expiring
~on-Expiring
11 ll-O~
11 11.,m:
'\Jon- Expiring
'\Jon- Expiring
11 Il-m
ORIGINAL
APPTD. DATES
5-08-01
5-09-06
4-99
2-21-06
4-24-84
2-21-06
2-21-06
11-11-78
2-21-06
*Seckmg reappollltmen
A Tl'ENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MT&S.
NAME THIS TERM
'\manda Stukenherg l ('ity) .;;
NO.
PRESENT
~ (] cxc)
% OF ATTENDANCE
LAST TERM YEAR
60%
OTHF:R INDIVIDUALS EXPRESSING INTEREST
Almira Flc'rcs
Radiology I echnologist, Christus Spohn Health Systems. Graduate of
Spohn Hospital School of Radiologic Technology. Activities include:
Coas1al Bend Society of Radiologic Technologists, So. Texas Institute of
the Arts. dnd the HIspanic Women's Network. Received the Las
EstreiJas:\''vard. (8-21-06)
\;1 ary Jane Garza
i\ssIstam Superintendent West Oso Independent School District.
Recelved 85., M.S. and Ed.D. Activities include: Bishop's Guild,
Literacy (',n!l1ci1. Hispamc Women of the Coastal Bend andPDK.
(5-25-061
~-
I aura L Hebert
Professional Insurance Advisor, Arvak Insurance Group. President of
CBAHt. PresIdent of Delta Gamma, RCIA teacher and
member of Easter Star 354. (2-2/-05)
Patncia E Vlattocks
Director of Program Services, March of Dimes. Activities include:
League of Women Voters - Past Vice-President and Nominating
COmmltlee, Zonta, and S1. Paul United Church of Christ - Women's
\lJlllstrv (9-22-06)
ason Dean Sewell
RegIstered Nurse, Corpus Christl Medical Center. Graduate of Del
Mar College with an A.A. in Nursing. Certified in Advanced Cardiac
L fe Support and Oncology Nursing Society. Interested in being
active 111 the communi tv is a position of his expertise. (2-16-06)
b. LIBIlARY BOARD Thfe: (3) vacanCIes with t\\/o-year terms to 1-05-08.
DlJTIES: The committee sl'all be adVIsor-, to the City Councd and its duties shall be to investigate and
recommend to the C ounci 1 matters relating to library serVIces.
COMPOSITI01\: len (1 .i) members. c!ght (8 \ members shall be appointed for two-year terms by the
CIty Council and two (2) members shall be ex-offiCiO members. The president of the La Retama Club
shall be ex -officio WIth vote md the preSident of the Friends of the ( orpus Christi Public Libraries shall
he ex-officlO without \ ote
MEMBERS
****Yvonne Klystra
Joyce Green
Barbara Silvemlan
Revnaldo Rodnguez
*Mary C. Christmas
Luc y McCracken
Andrea NaismIth
*Dr. A.N.M. Waheedu/zaman
Rohin Carter, Pres., La Retama Club
Ken Kellar, Pres., Friend or Libranes
SUl Stanford
TERM
l-()5-06
! I-U)-07
1-05.(17
ll-u5-07
I J-0)-06
-U)-Oj
11-05-07
J ] -05-06
Ex-OfficIO
l:x-Officio
Honorary, non-\ oting
ORIGINAL
APPTD.DATE
12-12-00
11-08-05
11-11-03
11-13-01
11-09-04
11-08-05
11-08-05
11-12-02
1-17-03
*Se,'k:mg reappOlntmert
****Has met the six-year llmitation al10wed by ordinance and is ineligible for reappointment
('Vote: The Library Board is recommending the reappointments of Mary C. Christmas and Dr.
4.N.M. Waheeduzzaman The Library Board is also recommending the new appointment of either
,(jam Bee('roft or Guillermo Pere';,.)
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
~AME
\;lary C. (hnstmas
Dr A.N.~1 WahceduuamaI
NO. OF MTGS.
THIS TERI\l
:\0.
rRESENT
9
r.,
0/0 OF ATTENDANCE
LAST TERM YEAR
90%
60%
OTHER INDIVIDUALS EXPRESSING INTEREST
Sam Beecroft
Beecroft ConstlUction Ltd., President. Received a B.S. in Civil
[ ngmcering at Texas A&M Umversity. Activities include:
Director .\.ssociated General Contractors Texas Workers Camp
Insurance Purchasing Group and Vestry- Church of the Good
Shepard (10-09-06)
lamie Dun
GOVCI11illent Intern, CorpusBeat Magazine. Received B.A. in
English at Texas A & M University and currently pursuing M.A.
from Texas A & M University - Corpus Christi. Activities
Include: Corpus Christi Focus and Church of the Good Shepherd
Bel Choir (1-06-06)
Dr Larissa Fon:
Fish and Wildlife Biologist, USFWS - Department of Interior.
ReceIved B.S in Marine Biology, M.S. in Microbiology, M.S. in
Puhl1( Admirustration and Ph.D. in Veterinary Microbiology.
c\ct1\ltles 1n(lude DIsability Employment Coordinator for
Region 2 and Earth Day Bay Day Committee. (2-17-06)
! ulia L
k
Substitue teacher at St James Episcopal. Received B.A. In
Psychology dnd M.S in Education. Activities include:
EducatIon CommIttee S1. ames Episcopal, PTO - lCC of
"orpus Chnstl. POM Member- Windsor Park, Congregation
Beth Israel Sisterhood Board. (/0-11-06)
IUlllerm, Pere;
RetIred School Assistant Pnncipal, Corpus Christi Independent
School Oistri,_~t Received B.S. in English History and M.S. in
'vlId.Management Administration. Activities include: LULAC,
Ij I Forum. RetIred T cachers, Leadership Corpus Christi Alumni
dnd disabled \ deran (7-J 2-05)
)rew Matlock Rcimm
Selfemployed. Mediator. Received B.A. from University of
Texas at Austin and J.D. from University of Texas Law School.
\ctivlties Include: Mediator Association of South Texas, State Bar
of lexas, Texas Association on Mediators, and Namaste
Foundation. (5-22-06)
c. REGIONAL HEALTH A \VARENESS BOARD One (!) vacancy with three-year term to 10-01-09.
DUTIE~: ,) ensure that ODportUnItles ex :st for qualit\ dialogue bv citizens of the Coastal Bend on the
ssues impactmg he,llth, saflly. envnonmenl. and l1k yua!Jty.
COMPOSITIO\ Six (( I members representmg. a cross-section of health, environmental, and social
nterest. fwo these cOrlmul11ty mcmh~rs wIll be appointed bv the City Council, City of Corpus
"'hristl, t\P member:-,will t appointed lhe COllu11Issioners Court Nueces County, and two members
.vll! be appl)jntcd the C( mnW;SIC,llCI { 'Jlirt San Patnelo County Each governing body will appoint
'me of then ()ri~'mal lommlmty m,_'mhe: appoinl';cs to a t\'yo-year term and the other appointee to a
hree-vear term
MEMBERS TER'1
Dr James Mobley (San PatriclO ('nmmun1ry Rep.), Chair
T,'m Ballou (Port In !ustnes)
M,lrgie Rose I City R ~:prcsentdti\ c'
L,il1an Murra\ (Cit) Commulw: Rep,)
*Angcla \Vomack (Ci ('ommun!ty Rep)
kicl Alonzo iCount C\.mmunl'V Rep)
Lmel Lopez (Coun'y CommUnI tv Rep.)
A IlnSO ~'olma (San Patncio Community Rep\
Dr f"-ima '-'isley (COU:1ty Represcmatlve)
D,'nnis R,'berts (San Patncio Representativ\'
Jon Klggans (Port In,lustncs)
Dr Mary Jane Hami:Lun (TA\H Corpus ,'illistl)
D' Venkatesh Uddarnen (TAMl KingsvllJc)
Annette Rodn?uez C\ueces County Health Admml
Kdtherin\' Sess'ons (San Patnco '\dministrawr)
Nelda Perez (b vironmental ProtectIon ReglOn 6)
Susan CleWIS I TX Comm on Envmmmental Quality)
ORIGINAL
APPTD. DATE
I 0-01-08
1 ')-01-06
10-01-08
10-01-06
j o-a 1-06
9-23-03
10-25-05
Ex-officio
Ex-officio
Fx-officio
Ex-officio
*Seek 109 reappomlmnlt
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
\ngela V. omack
NO. OF :\ITGS.
THIS TERM
NO.
PRESENT
11
0/0 OF ATTENDANCE
LAST TERM YEAR
92%
OTHER INDIVIDUALS EXPRESSING INTERES'I
Rebecca f~ sparza
PuhlJc Rclallons COlbultant. ReceIved Associate in Arts, Journalism
from Del Mar College, Bachelor of Business Administration, Marketing
and \1aster n f Business Admmistration from University of the Incarnate
Word, "';an Antonio \ctivltles mclude: Board Member- American
Cancer Society and Co-founder and co~facilitator, M.D. Anderson Cancer
Support Ciroq\ (2~2606)
Laura 1 Hebert
Patncld F \-1attod,
Russei i Stowers
Professional Insurance Advisor, Arvak Insurance Group. President of
CBAHU, President of Delta Gamma, RCIA teacher and member of Easter
Star 354. (2-21-05)
DllTctor o! Progranl ServIces. March of Dimes. Activities include:
League ,)) Women Voters - Past Vice-President and Nominating
CommIttee, 20nta, and SL Paul United Church of Christ - Women's
M1I1is1TY. (9-22-06)
DIrector Physical fherapist Assistant Program, Del Mar College.
Recej'cd A AS, in Physical Therapy B.S. in Community Health, M.S. in
F~duca[Jol' echnology and Ed.D. Graduate 2006. Activities include:
.\mencan Physical Therapy Association, Texas State Guard/Texas
Medical Rangers. Received Leadership and Teaching Excellence Award
and 2(lOS Outstandin~ Academic Advlsor. (1-22-06)
d. TRANSPORTATION ADVISORY COMMITTEE One (1) vacancy with term to 4-30-07.
DUTIES. fo be responsihle for public advisory JUrIsdiction and citizen traffic safety investigation,
traffic accident, mjur) and damage preventIOn in the City; developing and implementing coordinated
traffic saictv pn,!:,rrams whil'h meet local needs: actIng In an advisory capacity to the City Council and
he City \1anag:T Jll he COl rdin~l!iO'l o""lffic safl act 1\ Jties ofne official agencies and departments
the Cit ,prorrli.]:;~~ puhl accc~pt.li1( ufficla. lrograrns proposed or initiated by the City; fostering
mblic knnv,]edi,'c dnd supprt ci tr~. !fil IV enfor ;.;ment and traffic safety problems; cooperating with
mblic and pnv(l:e SC')()(~J s\"tcrn.'. I!i nromotll1g traffic ...afety traimng aids in the schools; promoting the
,'ducatlOr the PUhlll Iii Ii 'tiC -.akl\ Jl((l gener;1i1\ ;1 <"lsting]Jl ;'(' overall reduction of traffic deaths,
iliuries. lUldgC and dce Ide its tit t t, -. stnets
COMPOSITIO'J: \line 9) lTil'mbeL dPpointec the City Council for three-year terms to provide
,ldvice or transportat)on and traffic saj~~1\ matters One member 11as traditionally been the incumbent
-;ecurity ilfficern the '(\.av, A: S'atio Flects !'ha!n11an and \ Ice-Chairman annually. Meets 4th
\-1onday ,'\'lhe month at 2( ) pm , ( it; Hal!, COUlhii Chambers.
\lEMBER~
\Vdliam Green. Chill
h....arcn Heard
f< lehan. Balle} Sr
*** \lex McNdir
Robbie Foste!'
urtls .'\, Ruck
)avld \i SCi Jer
l)amel Carnlales
\IAC ]'Vlisty {ialan,' ('1\/\5 Seemm Officer!
***Reslgned
INDIVIDUALS EXPRESSING INTEREST
Mike Beavers
TERM
4-~O-0;
4- 3 0-09
-+-30-08
4_.:;0_0"'
4- ~ U-(J':
4-30-08
-+- J 0-09
4-30-09
-+-30-08
ORIGINAL
APPTD.DATE
5-11-04
5-30-06
5-10-05
5-11-04
4-11-00
5-30-06
5-13-03
12-20-05
12-20-05
\' "hie Ie Emission, Program Coordinator, Texas A&M University-
C'(.rpl!s ('hristi, Kecelved Bachelor's of Science from Texas State
C:l1IVCTSItY and a Master's from New Mexico State University.
Al tivJ!ies 1l1cludc C C Air Quality Committee, Autocheck
.\dvJsor\' Counci I (1nd~ssociatjon of Pupil Transporters. (11-02-06)
C'arolyn I\10011
leacher. C'orpus Chnstl Independent School District. Received M.A.
1T1 Communications and Special education. Active member of the
League of Women Voters and the Texas Democratic Women.
(4..29-05)
Dan Owen
DIrector of Operations, Goodwill Industries of South Texas, Inc.
Reccl\ed a BA in Political Science and Economics from Texas A&M
Corpus Christl. Activities include: Community Service Chair Elect
for Rotary Club Board, Ambassador to Chamber of Commerce, and
t nited Way volunteer/speaker. (4-21-06)
e.WEED AND SEED STEERING CO.MMITTEE- Onc (1) vacancy with two-year term to 11-01-08
representing Site 2 (Vote: Site J memher is no longer part of the Weed and Seed program.)
DUTIES; ProVide program oversIght and make re(ommendations to City Council.
COMPOSITION: ~ tOLd of cleven committee members. The City Council shall appoint two (2)
resulents each from Slte 1 (\Torth) and Site 2 (We'it) One representative shall be appointed by each of
,he follo\vmg entIties CorpJS ChrislJ PolIce Department, West Oso ISO, Corpus Christi ISO, Housing
\uthority County Attorney" office. Distnct Attorney's Office and the U.S. Attorney's office. A Weed
md Seed Program stall member anc the Park and RecreatlOn Department Program Director shall serve
IS ex-officIO. non-\ otmg mt'mbcrs. The S. Att(lrney representatJve will serve as Chairperson of the
omrnittcc: The Chairper.on \ ,Hes UIl In the l:vent of a tIe "md becomes the tiebreaker. This
ommittec \\lll cxpIn)n Atdsust :; I :'()O'"' llilless funds tor the program end sooner.
MEMBERS
Debra HohIe (l .S. A tty) ChaIrperson
*Juan Meave Jr (Site 2)
Frances L. Garza (Sire 2)
Cmdr J\ Garcia (C( 'PDi
Georg Johnson (CCISDl
Richard Franco (Housing Authoritv)
Laura Garza] nnene? (County Atty )
Dr Maunce Portis (\I/est OS0 ISO)
Gall Gleimer I District Attorney's Office)
George Hodge (Weed and Seed)
Sally Gavlik (Park aId Recreation I
*Seekmg reappointml:nt
TERM
ORIGINAL
APPT. DATE
Ex-otlicio, nom oting
: i-OI-06
I J-OI-07
Lx-officio, votmg
Ex-officio, votmg
Lx-officio, voting
Ex-officio, voting
Ex -officio, votmg
Ex-officio, voting
Ex-officio, nonvoting
Ex-officio, nonvoting
11-12-02
2-14-06
ATTENDANCF: RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Juan Meave. .II'. (Site'l
NO. OF MTGS.
THIS TEMI
"
OTHFR INDIVIDUAL EXPRESSING INTEREST
L mda L De Leon
NO.
PRESENT
3
0/0 OF ATTENDANCE
LAST TERM YEAR
60%
Receptionist and Recreation A.D., Fighting to Rid Gangs In
c\menca. ActIvities include: Volunteer in local schools. (2-1-06)
3
Requested Council Action 11/14/06
Alternate Date 12/12/06
"GENOA MEMORANDUM
RECOMMENDA TION: MotIon approving a supply agreement with the following companies for the
fbllowing amounts f()r hot ;mxed asphalt. based on low bid, for primary and secondary awards, in
dccordance with the BId Invltation N.) 81.0027-07 The term of the agreements shall be for six months
with an optIon to extend ten' up to five additional SIX month periods, subject to the approval of the
suppliers and the City Manager or hIS deSIgnee. Funds have been budgeted by Street Services in FY 06-
i-~
HAC Materials, L fD
~'orpus Christi. T exa"
$499,200
Primary Supplier
Bay l TD
Corpus Christi. Texas
$144,028
Secondary Supplier
Grand Total: $643.228
**********************x*******************************************************
Purpose
ThIS matenalIs used by Street Services to patch utility cuts made in
City streets and to correct pavement irregularities which extend the life
of the pavement and provide a smoother riding surface.
Bid Invitatinns Issued
Bids ReceIved:
...,
Previous (:ontract:
The option to extend the current contract was not exercised due to
specification changes from the using department.
Price AnalYSIS:
When compared to the previous bid, pricing has increased
approximately 7.5 %. The price of liquid asphalt continues to rise due
to the hIgh price of crude oil.
Basis of Award:
Low Bid Pnmary and Secondary Supplier
The Bid Invitation indicated a primary and secondary award would be
established to provide for a backup supplier to the contract. An
estimated 8(V20 percentage split is proJected to be purchased from
each () f the s upp tiers.
Funding:
Street Department
520130.1020-12410
520130.1020-12420
520130. ] 020-12430
$200,000
I 00,000
343.228
\ .., . - ';
_ At\: ~\.., · (t
=11 . '--'~~ /
Mic~arrera /
Procurement & General Sef\ Ices Manager
rOTAL
S643,228
CITY OF CORPUS CHRISTI
PURCHASING DEPARTMENT
BID TABULATION
BID INVITATION NO.: BI-0027-07
HOT ~X ASPHALT TYPE D
BUYER: GINA SANCHEZ
Primary Supplier Secondary Supplier
HAC MATERIAlS. L TO BAY LTD.
CORPUS CHRISTI, TX CORPUS CHRISTI, TX
UNrr I TOTAL UNrr I TOTAL
ITEM DESCRIPTION QTY UNrr PRICE PRICE PRICE PRICE
HOT MIX ASPHALT TYPE 0 8.000 Ton $51.25 $410,000.00
!Monday thru Friday Delivery
HOT MIX ASPHAL T TYPE 0 1.600 Ton $5575 $89,20000
Saturday and After Hours Delivery
IHOT MIX ASPHALT TYPE 0 2.000 Ton $52.69 $105,380.00
Monday thru Friday Delivery
HOT MIX ASPHAlT TYPE D 400 lion $96.62 $38,648.00
Saturdav and After Hours Delivery I
Award T ota $499.200.00 $144,028.00
Grand Total
643,228.00
The Bid Invitation indicated a primary and secondary award would be established to
prOVIde for a backup supplier to the contract. An estimated 80/20 percentage
split IS projected to be purchased from each of the suppliers.
4
Requested Council Action 11/14/06
Alternate Date 12/12/06
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approvmg a service agreement with Digital Mapping Services,
L.P., Corpus Christi, Texas for GIS mapping updates in accordance with the Cooperative
Purchasmg Agreement With the State of Texas in the amount of $45,000.00. Funds have been
budgeted by the Water Department in FY 06/07,
*************************************************************************************
BACKGROUND
Purpose
The project is part of a departmental initiative to update the
\vater infrastructure information on the City's GIS mapping
system, due to the recent increase in new commercial and
residential development in the City. The project will
convert hard copy information (150 project plans) to
electronic format m order to update the Water
Department's GIS infrastructure layer. The information
will be used to operate and maintain the water distribution
" vstem,
Basis o! A ward'
('ooperative Purchasing Agreement with the State of Texas -
CISV - Catalog Information Systems Vendor
Funding
Water Department
530000-4010-31505
530000-4010-31510
$22,500
$22,500
Total
$45,000
~(\ ,. i't
I ..... I, I'
.~~--
Michael Barrera
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - Gabriel Maldonado
Price Sheet
BI-0076-07
Service Agreement
ITEM
DESCRIPTION
Digital Mapping Services, L.P.
Corpus Christi, Texas
Extended
QTY UNIT Price
Service agreement includes project set-up, digitizing as-built drawings
and project management. The City's GIS layers will be updated with
data from approximately 150 project plans
900 hrs
$50.00
$45,000
Total
$45,000
5
....
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11/1412006
AGENDA ITEM:
A. Resolution authorizing the City Manager or his designee to accept grant funding
In the amount of $35,000 from the Texas Department of Transportation for an
Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant
for OWl enforcement overtime within the Police Department and to execute all
related documents.
B. Ordinance appropriating $35,000 from the Texas Department of Transportation
for funding of an Impaired Driving Mobilization Selective Traffic Enforcement
Project (STEP) grant for OWl enforcement overtime within the Police
Department in No. 1061 Police Grants Fund; and declaring an emergency.
ISlUE: Because the state of Texas continues to lead the nation in the number of OWl
deeths, injuries and alcohol related crashes, funds are available to conduct a special
Impaired Driving Mobilization overtime enforcement program.
BACKGROUND INFORMATION: The State of Texas, Department of Transportation is
providing funding for an Impaired Driving Mobilization STEP for fiscal year 2007 with
sJ>>Cial operations to be conducted during Christmas/New Years, Spring Break, 4th of
Juty, and Labor Day. The grant places overtime officers across the City with various
hours of operation. The goal of the grant is to make 120 OWl arrests during this time
period
RIQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds.
FUNDING: Officers will be working on an overtime basis with the State providing 100%
of the salary, retirement. and mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Bryan P. Smith
Chief of Police
Atlachments:
TXDOT Contract
[3J Federa, Pas~ Through
Gram funds CFT)A #20 )01
[J State Grant Funds
-~- For TxDOT Use Only -
Misc. Contract :\lumber: 587XXF6119
'harge Number: 070202B 1A V
Project Year: N/A
PIN (14 ,haracters only): 17460005741000
TEXAS TRJ\FFIC SAf'ETY PROGRAM GRANT AGREEMENT
THE SJ;\TE OF TEXAS
fHE COU1\TY OF TRAVIS
IHIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas
Department of TransportatlOr herell1atter calied the Depanment, and Clty ofCorous Christi
hereinafter called the Subgrantee. and becomes effective when fully executed by both parties. For the
purpose of thIS agreement. the Subgrantee is designated as a(n):
.= State\genc) D Non-Profit Organization
~ Umt of Local Govemmen [J Educational InstItution
= Other ,descnhei . ____. _
<\UTHORITY: Texas TransportatIon Code, Chapter 723, the Traffic Safety Act of 1967, and the
1-1lghway Safety Plan for the following Fiscal Year(s) 2007
Project Title: STEP -:JD.'\1. ____ _
Brief Project Description: 19 conduct DWI enforcement Waves during holiday periods to increase
QWl arrests and earned media activity as part of the statewide "Drink. Drive. Go To Jail" campailm and
iP coni unction with the national Impaired Driving Mobilization campailm.
Gnat Period: The Grant bec0mes effective on December 13. 2006, or on the date of final signature of
both partIes. whichever is late- and ends on SeDtember 30.2007 unless terminated or otherwise
modified
\taumum Amount Eligible for Reimbursement: S1,'i,OOO
rhe followll1g attachments are mcorporated as mdicated as a part of the Grant Agreement:
.\ttachmem A. MaIling Addresses
· '\ttachment B. Gene'a! Terms and ( onditiom (TxDOT Form 1 x54)
· \nachmem ( ProJe.:t Descnption (IxDOT Form 2076)
· \ttachmem D ActIon Plan (TxDO I Form 1852)
· "\ttachment L Project Budget (TxDOT Form 2077 or 2077-LE)
[R] \ttachment J Operational Plan (Txf)OT Forll 2109) (for Selective Traffic Enforcement
Program grants onl)
PagE ; ()
7 ,DOT Form 2075 (rev. 6/14/2004)
Project 1 iLk STEP 1M
TEXAS TRAFFIC SAFET) PROGRAM GRANT AGREEMENT
fhe signatory for the Subgrantee hereby represents and warrants that she he is an officer of the
organizatlOn for which 5hefbe has executed thiS agreement and that shelhe has full and complete
authority to enter mto this agreement on behalf of the organization. At the time the signatory for the
Subcrantee SIgnS the Grant A~Tfeement. she/be will sign and submit to the Department a letter designating
signature authonty by posItion title for grant-related documents other than the Grant Agreement or Grant
Agreement amendmems.. These other grant-related documents will include, but not be limited to, the
following performance repors, final performance report and administratlve evaluation report, Requests
For Reimhursement iRFRs), ,nd routme correspondence
THE SL BGRA:\'TEf
THE STATE OF TEXAS
Cav of Corpus Chnstl
'Legal '\lame of Agencv
Lxecuted for the Executive Director and approved
Jor the Texas Transportation Commission for the
purpose and effect of activating and/or carrying
(jut orders, established policies or work programs
approved and authorized by the Texas
ransportation Commission.
By__
;\uthorized Signature
Georee K l\Q~_
''\l ame 1
City Manager _
Title]
Bv
DIstrict Engineer
r exas Department of Transportation
Date:
i\ame
l'nder amhority of Ordinance m ResolutIon
\umber i for ioca; govemmens)
TItle'
I )ate
B\
DIrector, Traffic Operations Division
Iexas Department of Transportation
~ot required for local project grants under
S I 00,000.)
flate
Page'; II ~.
f '(DOT Form 2075 (rev. 6/14/2004)
Project t,t' STEP -D\1
Attachment A
;\1ailine Addresses
f or the purpose of thIS agreement. the following addresses shall be used to mail all required notices,
reports, claims, and correspondence. (NOTE: For warrants (checks). the address indicated by the
electromc mail code. which 1 the last three dIgits of the PIN on page 1 of this Grant Agreement, shall be
Jsed for disbursmg payment~ If that address IS not where the Subgrantee wants warrants or checks to be
"ent, the ;';;ubgrantee needs to '1otif\ the Department of any appropriate changes.
For Subgrantee (ProJecl Direrror):
I\ame: ~~~P"rruth
Iitle; Cluef 01 Pollee
--..-..-. .~. ~.-._,-
Organization: CO!E.u..:'i_c:hristi P.)lice !!~a!TITIent
Address: P. O. Box 9016
-~,.- --...-..,-.. ------
~o~U.S(h!!.s!!Lj exas~~6~__
Phone: 36 -886.:'604
Fax: 361-886-2607
E-mail:~~E~,::ctexas_-:o~_
Note: Any change In the Sub~ryantee information in thIS Attachment A, Mailing Addresses, does not
require an amendment to the ( .irant Agreement However, the Subgrantee must submit a letter with the
corrected mformation to the Vepartmem address below wlthm 15 days of the change.
For Texas Department of T ramportation:
I\ame:
ritle:
OrganizatIon:
Address:
Phone:
Fax;
E-mail :
Page ,/ (of !
r>.:DOT Form 2075 (rev. 6/14/2004)
Attachment B
Project Title: STEP-IDM
Subgrantee: Citv of Corpus Christi
Texas Iraffic Safety Program
GR~'\'T AGREEME~T GE~ERAL TERMS AND CONDITIONS
~TICI..E 1. COMPLIAN( 'E WITH LAWS
fhe Subgrantee shall comply with all federaL state, and local laws, statutes, codes, ordinances, rules and
regulations. and the orders and decrees of any courts or admmlstrative bodies or tribunals in any matter
affecting the performance of' his Agreemem. mcludmg, without limitation, workers' compensation laws,
mmimum and maXlmum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing la\\ s and regulations. When required, the Subgrantee shall furnish the
Department with satIsfactory aroor o1'ts complIance therewlth.
~TICI,E 2. ST A~DARD ~SSrRA~CES
The Subf,'Tantee herebv assures and certliies that it will comply wlth the regulations, policies, guidelines,
and reqUlremenb. including 49 CFR (Code ot' Federal RegulatlOns), Part 18; 49 CFR, Part 19 (OMB
iOffice of Managemem and Budget] Crcular .'\-110); OMB CIrcular A-87; OMB Circular A-I02; OMB
lrcular \-21, OMB C'lrcular A-I22: OMB CIrcular A-.] 33: and the Traffic Safety Program Manual, as
they relate to the appl1cation, acceptance. and llse of federal or state funds for this project. Also, the
Subgrantee assures and certlfies that
1\. It possesses legal authoritv to apply for the grant; and that a resolution, motion, or similar action has
been duly adopted or passed as an officlaj act of the applicant's governing body, authorizing the
filing of the application, nc1udmg all understandings and assurances contained therein, and directing
and authorizmg the person identified as the official representatlve of the applicant to act in
connectlOn wlth the applhation and to proVIde such additional mformation as may be required.
B It and Its subcontractors \\ III comp: \\lth IItle VI of the Civil Rights Act of 1964 (Public Law 88-
352) as amended. and m lccordan,:e \\:Jh that Act no person shall dIscriminate, on the grounds of
race. ,.Oior, sex. natlOnal ungm. age religIon, or disabIlIty
It wi! comply Wlt'1 reqUlrcments of the provisions of the Umform Relocation Assistance and Real
Property AcquisItlOns Act of 1970. as amended; 42 use (United States Code) 994601 et seq.; and
United States Departmem of TransportatIOn (USD( H) regulations, "1 Jniform Relocation and Real
Property AcquisItlOn for Federal and Federally ASSIsted Programs," 49 CFR, Part 24, which provide
for far; and eqUltahle trealmem of persons displaced as a result of federal and federally assisted
program~
n It will comply wnh the pn \ViSlOnS of the Hatch PolJtIcal ActIvity Act.. which limits the political
actrv'tv of employees. (See also Arnell' 2" Lobbying Certification.)
E It wiL comply WIth the federal Falr Labor Standards Aet's mimmum wage and overtime requirements
for employees performmg project work
It wi. establlsh safeguard.., to prohlblt employees from usmg theIr posltions for a purpose that is or
gIVes the appearance o1'bemg motlvated h) a deslrt' for pnvate gain for themselves or others,
partie ularly those v.Ilth whom theyiIave famlly, bus mess. or other ties
It wil gl ve the Department the access to and the right to examine all records, books, papers, or
documents related to this (Trant Agreement
:>age j 0
:(DOT Form J 854 (rev. 7/20/2004)
Project Title: STEP-ID~
Subgrantee: Citv of Corpus Christi
Attachment B
H It ~ . i~omply wlth ail reqUlrements Imposed by the Department concerning special requirements of
law Jrogram reqUIrements, and other administratIve reqUlrements.
It recof,'11IZe~ that many kdera] and state laws Imposmg environmental and resource conservation
reqUirements ma) apply 0 thIS Gram Agreement Some, but not all. of the major federal laws that
may affect the project include. the National Environmental Policy Act of 1969, as amended, 42 USC
~ 94i 2 1 et seq.. the Clear AIr Act. as amended, 42 use ~ p 401 et seq. and sections of 29 USC; the
Federal Water Po!lutlOn 'ontrol Act. as amended. 33 USC ~9 1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 l'SC 996901 et seq.; and the Comprehensive
Env,;onmental Response CompensatlOn. and LlahIlIty Act, as amended, 42 USC 999601 et seq. The
Sub!:;'Tantee also reGogmzcs that the l' S Environmental Protection Agency, US DOT, and other
federal agencIes have Issled, andn the !uture are expected to issue, regulation, guidelines,
standards. orders. dIrect] es. or other ~eqUlremenb that may affect this Project. Thus, it agrees to
compiy and assures the, omphance of each contractor and each subcontractor, with any such federal
reqUirements as the federal government may now ,>r In the future promulgate.
It Wi comply wHh the flood Insurance purchase requirements of Section 102(a) of the Flood
DIsaster ProtectlOTl Act 0' 1973, 42 use ~4012a(a). SectIOn 102(a) requires, on and after March 2,
1975 the purchase of flood msurance m:ommunitles where such insurance is available as a
COnditIOn fOI the ,'eceIpt "f an} federal !inancial aSSIstance tor construction or acquisition purposes
for use en any area that has been IdentIfied by the Secretary of the Department of Housing and Urban
Development as an area having specIal flood hazards. The phrase "federal financial assistance"
includes any form of loan gram, guaranty. msurance payment, rebate, subsidy, disaster assistance
loan ,r grant. or any forn- of dJreCl or mdIrect federal aSSIstance.
K It WJ aSSIst the Department in ItS ,:omphance WIth SectIOn 106 of the National Historic Preservation
Act ] 966 as amended \ . 6 L SC 4 70 el~eq. ), ExecutIve Order 11593, and the Antiquities Code of
Texas ('\Jational Resources Code, Chapter 191)
It WI comply With Chapter S'"'3 01 the 1 ex-as Government Code by ensuring that no officer,
employee, or member oflhe Subgrantee s governmg board or the Subgrantee's subcontractors shall
vote ,)[ ..:onfirm the employment of any person related within the second degree of affinity or third
degree by consanguimty tu any member of the governing body or to any other officer or employee
authonzed to employ or superVIse such person. ThIS prohibition shall not prohibit the employment
of a person descrihed ID Section 573.062 .)fthe Tex-as Government Code.
\1 It wil ensure that ad InfOrmatIOn collected. assembled. or mamtamed by the applicant relative to this
project shall be avaIlable :0 the puhlIc dunng normal bUSIness hours m compliance with Chapter 552
of the Tt'xas Government Code. unless otherwise expressly provided by law.
'\ If applIcable, It WIll comp,y WIth Chapter 551 of the Texas Government Code, which requires all
regular, speCIaL or calledneetmgs of governmental bodies to be open to the public, except as
otherv be provided by lav or speCI ficalh permItted in the Texas Constitution.
.\RTICLE 3. COMPENSATION
.). The method of payment for this Agreement will be based on actual costs incurred up to and not to
exceed the limits specifiec m Attachment E, Traffic Safety Project Budget. The amount included in
the Project Budget will be deemed io be an estimate only and a higher amount can be reimbursed,
subjec' 10 the condltions snecified In paragraph B hereunder If Attachment E, Traffic Safety Project
Dage '2 0
ixDOT Form 1854 (rev. 7/20/2004j
Attachment B
Projectlitle: STEP-IDM
Subgrantee: City of Corpus Christl
Budget, specifies that COStS are based on a specIfic rate, per-unit cost or other method of payment,
reImbursement wl11 be based on the speCIfied method
Ii All payment~ WI!1 i>e mace in accordance with Attachment E, Traffic Safety Project Budget
The c..;ubgrantee' s expendtures may o\'errun a budget category (I, II, or III) in the approved Project
Budget wIthout a grant (budget) amendment, as long as the overrun does not exceed a total of five (5)
percent per year of the m;;,ximum amount ehgible h1f reImbursement rTxDOT) in the attached Project
Budget for the cum:nt fiScal year fhh 0\ errun must be of'f-set by an equivalent underrun elsewhere
in the Project Budget.
If the ()'errun is five (5) percent or less, the Subgrantee must provide written notification to the
Department prior to the Request for ReImbursement being approved, This notification must be in the
form of an attachment to he Request tor Reimbursement that covers the period of the overrun. This
attachment must indIcate 'he amount, Ihe percent ever. and the speCIfic reason(s) for the overrun,
Any c\verrun of m,He Ihar five \ 5) aenen, of the amount eligible for reimbursement (TxDOT) in the
attached Project Budget r'tqUlres an amendment of thIS Grant Agreement.
The rnaXlmum amount eligible ror TImbursement-hall not be mcreased above the Grand Total
TxD( n Amount In the approved Project Budget. unless this Grant Agreement is amended, as
descnbed m e\rtIC:;;" 5 o[''1is Agreement
For :-'e!eCl!ve fratflc Enforcement Program (STEPj grants only: In Attachment E of the Grant
Agreement, Traffic Safet:- Project Budget (Form 2077-LE), Subgrantees are not allowed to use
underrun funds from the TxDOT amount of (1 00) Salaries, Subcategories A, "Enforcement," or B,
"PI&E ActiVities, to exc(~ed the TxOOT amount hted in Subcategory C, "Other." Also,
Subgrantees are nOl allowed to use underrun funds from the TxDOT amount of(100) Salaries,
Subcategories A. "Enforcement" or C "Other," to exceed the TxDOT amount listed in Subcategory
B. "PI&E Activities." The TxDOl amount for Subcategory B. "PI&E Activities," or C, "Other," can
only,e.::xceeded \\lthm 11e 5 percent :k'ihility, \\lth underrun funds from Budget Categories II or
HI
To be ellgIble for reimbursement under this Agreement, a cost must be incurred in accordance with
Attachment E, TraffIC Satety Project Budget, within the time frame specified in the Grant Period on
page of this Grant AgreemenL attributable to work covered by this ,\'greement, and which has been
compieted in a manner sansfactory and acceptable to the Department
Federal or TxOOl :unds:annot supplant (replace) funds from any other sources. The term
"supplantmg. ,. refers to tnI.' use of tederal (11' TxDOT funds to support personnel or an activity already
supported by Ioea, I ir stah fund:,
Page.' Of
'{DOT Form 1854 (rev. 7/20/2004)
Project Title: STEP-IDM
Subgrantee; City of Corpus Christ(
Attachment B
Paymcm of C0StS ll1currec under thiS Agreement IS further governed by one of the following cost
pnnClples as appropriate outlmed m the Federal Office of Management and Budget (OMB)
Clrcuar"
· J\2, Cost PnncIples for InstIt!JtlOn~ of Higher Education:
· /\-8 Cost PnncIples tor State LocaL and IndIan Tnbal Governments; or,
· A 122, Cost Prmclp1e~ for ~onprofil Organizal1ons
The Subgrantee agrees to ~ubmlt monthly or quarterly Requests for Reimbursement, as designated in
Attachment D, Acnon PIal, \vlthm thirty i 30) days after the end of the billing period. The
Subgrantee wlll use billing forms acceptable to the Department. The anginal Request for
Reul1bursement. with the appropriate backup documentation, must be submitted to the Department
address shown on Attachment A, Mailmg Addresses, of thIs Agreement. In addition, a copy of the
Request for Reimbursement and appropnate backup documentation, plus three (3) copies of the
Request f()r Reimburseme'lt wIthout backup documentation_ must be 'iubmitted to this same address,
The Sub/:,'Tantee agrees to ~ubml1 the final Request tar ReImbursement under this Agreement within
fortyrvt' 145) day, of the end of the grant period
The Department ",111 exercise good faith to make payments within thIrty (30) days of receipt of
properly prepared and documented Requests for ReImbursement. Payments, however, are contingent
upon' he avallabllJt\ of appropnated fund~
Project agreemenb supported wnh federal or TxDOT funds are limited to the length of this Grant
Period. which IS specified on page of thIS Grant Agreement. If the Department determines that the
proJec' has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for
fundmg assistance beyond the mitIal Agreement penod. Preference for funding will be given to
those projects for which the Subgrantee has assumed some cost sharing, those which propose to
assume the largest percentage of subsequent projeCT costs. and those which have demonstrated
performance that IS acceptable to the Department
~RTICLE 4. LI'\1IT-\ TIO!' OF LIABILITy
Payment of costs incurred hereunder is contmgent upon the availability of funds. If at any time during
thIS Grant Period, the Department determines that there IS insufficient funding to continue the project, the
Department shall so notIfy the Subgrantee, gl\mg notice of mtent to terminate this Agreement, as
specified .-\rticle 1 of this \greement I f at the end of a federal fiscal year, the Department
Jetenmnes that there l~ suffiCltnt funding and performance to continue the project, the Department may
~() notify the Subgrantee to continue this agreement
-\RTICLF 5 AMENDMENTS
rhlS Agreement may be amended pnoru llS expIratIOn by mutual \vritten consent of both parties,
ltllizing the (Tram Agreement\mendment deSignated by the Department. .Any amendment must be
executed hv the partIes within :he Grant PerIod. as speCified on page 1 of this Grant Agreement.
-\.RTlCLE 6. ADDITIONAl WORK AND CHANGES IN WORK
If the Subgrantees of the opmlOn that any aSSIgned work IS beyond the scope of this Agreement and
,:onstitutes addltional work. the Subgrantee shall promptly notify the Department in writing. If the
Department tinds that such wo'-k does constitute additIOnal \\iork. the Department shall so advise the
t'uge 4 01
/(DOT Form 1854 (rev. 7/20/2004)
Attachment B
Project Title: STEP-IDM
Subgrantee: City of Corpus Christl
Suhgramee and a wntTen amendment to thl~ Agreement wIll be executed according to Article 5,
>'\mendments. to provIde compensatlOt: for doing this Vvork on the same basis as the original work If
performance of the additlOna work WI] cause the maximum amount payable to be exceeded, the work
\\;111 not he performed before wnnen ;,rrant amendment IS executed
If the SUbgrantee has submlU~'d work IfI accordance w1lh the terms of thIS Agreement but the Department
requests ,:hanges to the completed work or parts thereof whIch mvolve changes to the original scope of
services or character of work .mder thIS Agreement the Subgrantee shall make such revisions as
requested and directed by the Department TJm will bt.' consIdered as additIonal work and will be paid
for as specltled 1Tl thIS'\rtlck
If the Suhgrantee submits wo: k that does l101-:omply '^ nh the terms ofthlS Agreement, the Department
shall mstruct the Subgrantee 10 make sllch n~V]SIOnS as are necessary to bring the work into compliance
with this-\greement '0 adduonal compensatIOn shail be paId for this work
rhe Subgrantee s.hal make re, IS Ions tc- Tht \\ork authOrized m thIS Agreement, which are necessary to
20rrect errors or ,)mISSIOns appeanng Deren. \~hen reqUIred to do so by the Department No additional
~ompensat10n shall be paId for thIS w(rh.
rhe Department ..hal1 not be responsibie for actIons by the Subgrantee or any costs incurred by the
Suhgramee relatmg to additio'lal work not directly assocIated with or prior to the execution of an
amendment
ARTICI,E 7, REPORTINC Al'-cn MO~JTORING
'-ot later than thJTt) ) days after the enG 01 each reportmg penod, as designated in Attachment D,
'\ction Pian. the Subgrantee si1all submIt a performance report using forms provided or approved by the
Department For short-term proJects, only one report submitted by the Subgrantee at the end of the
project may be reqUlred, For longer proJects, the Subgrantee w1l1 submit reports at least quarterly and
preferably monthly. The freqJency of the performancc' reports IS establIshed through negotiation
hetween ,he Sub!,,'Tantef and t'le program or proJect manager
For Selectlve frafficEnforce'nem Prol-,'Tams I STEPs), performance reports must be submitted monthly,
The perf(lrmanCe report will nclude, as a ITIlnlmum: {l ) a comparison of actual accomplishments to the
DbJectIves establIshed for the period. reasons why establIshed objectives and performance measures
\vere not meL If appropnate, c,nd (.i other penment m1ormatlOn. including, when appropriate, an analysis
and explanatIOn of ,;()S~ underuns, ,'ve:Tuns, 'lr' hIgh UIil t costs
The Subb'Tantee shan 'iubmtt the Fmal Performance and AdmmIstrative Evaluation Report electronically
WIthin tbm 130 days after c>1mpletior of the grant
The Subb'Tantee shal1 promptl, adVIse the Department n wnting of events that will have a significant
impact upon this Agreement nclud;ng
'\. Problems. delays, or adve~se condmons, mcludmg a change of project director or other changes in
Subgrantee personnel. thai will matenally affect the ability to attain objectives and performance
measures. prevent the meding of tIme schedules and obJectIves, or preclude the attainment of project
obJet.ll',es or performanct measures by the established tIme penods. This disclosure shall be
accompamed by a statemtnt of the actIon taken or Jmtemplated and any Department or federal
assistance needed to reso! \e the SIUatl!))]
Page.' (i
!):DOT Form 1854 (rev, 7/20/2004)
Attachment B
Project Title: STEP-IDM
Subgrantee: Citv of Corpus Christi
tj. Favorable developments "j" events T.hat enable meetmg tlme schedules and objectives sooner than
anttclpated or achlcving greater performance measure output than originally projected.
.~RTICIJ'~ 8. RECORDS
[he Subgrantee agrees TO mamtam all reports. documents, papers, accounting records, books, and other
eVIdence pertammg to costs Incurred and work performed hereunder, (hereinafter called the records), and
,hall make such records available a1lts office for the time penod authonzed within the Grant Period, as
'ipecified on page ] of thIS Grant Agreement The Sub/:,Tfantee further agrees to retain said records for
'our (4) years from the date 01 tinal payment under thi~ Agreement. until completion of all audits, or until
Dending mgatlor has been completely and fUlly resolved. whIchever occurs last.
Duly authonzed representatives of the Department, the USDOT, the Office of the Inspector General,
Texas State '\udnor. and the ( omptroller General shall have access to the records. This right of access is
lot limitec to the four 4) yea: penod but shal i last as kmg as the records are retained.
~RTICl,E 9. INDEM~IFI( ATION
10 the extent permined by la\\ the Subgrantee If other than a government entity, shall indemnify, hold,
and save harmless the Department and its officers and employees from aU claims and liability due to the
acts or omlSSlons of the Subgrantee. llS agents, or employees, The Subgrantee also agrees, to the extent
Jermitted by law. to mdemnif hold, and save harmless the Department from any and all expenses,
ncludmg hUT nOI ltmlkd to at l.)rne) fees. all, ourt costs and awards for damages incurred by the
Department n iit1gatlOn or oth~rw]se resls1mg~uch claIms or liabilities as a result of any activities of the
'iubgranttT. its agents. (If emp:oyee~
~urther, 10 the extent permitteJ by law, the Subgrantee. lfother than a government entity, agrees to
orotect, indemnify, and save harmless the Department from and against all claims, demands, and causes
)f action ,)f every kmd and character brought by any employee of the Subgrantee against the Department
jue to personal inJune~ or death to such employee resulting from any alleged negligent act, by either
omnllSSJUn -)I OmlSSlOf' on tb' pan \)f' he S ubgrantee
it the Subgrantee IS a government entIty. both parties to thIS Agreement agree that no party is an agent,
'iervant, or employee of the otner party and each party agrees Jt IS responsible for its individual acts and
.:leeds, as well as the acts and deeds of ltS contractors. employees, representatives, and agents.
-\.RTICLE 10. DISPl'TES A~ REMEDIES
! hIS Agreement supen:edes al)' pnor oral .)f wntten agreements If a conflict arises between this
\greemem and the Traffic Salety Program \1anual. this Agreement shall govern.
Ihe SubgTamee snaIl he responsIble fOJ the settlement i)f all contractual and administrative issues arising
. jut of procurement made by the Subgrantee T support of Agreement work.
Dlsputes concernmg performance or payment shall be submItted to the Department for settlement, with
'he ExecutIve Director or his l'f her deSIgnee acting as tinal referee.
Dage 6 0' i
':tDOT Form 1854 (rev. 7/20/2004)
Attachment B
Project fitle: STEP-IDM
Subgrantee: City of Corvus Christi
~RTICLE 11. TER'1INA TIO:\
[his Agreement shall remain'll effect ,mti 'he Subgrantee has satIsfactorily completed all services and
obligations described herem and these ha\e been accepted by the Department, unless:
· !hlS Agreement is telmmated in wT1tmg with The mutual consent of both parties; or
· here IS a \\T1llen thFly (30) day not!ce by elttler party: or
· he Department detemmes that the performance of the project lS not in the best interest ofthe
')epartmenr and informs the Subgranree that the project is termmated immediately.
rhe Department shall compensate the Subgrantee for only those elIgible expenses incurred during the
tIrant Penod specified on page 1 of thI S Gram Agreement which are directly attributable to the
completed portion of the WOrK covered by thIS Agreement, provided that the work has been completed in
manner satIsfactory and acceptable to the Department The Subgrantee shall not incur nor be
reImbursed for any new oblIgations after the effective date of termination.
.\RTICl.E 12. INSPECTION OF \\ ORK
fhe Department and. ~\ hen federa. funds an- involved. the LS DOT. or any authorized representative
thereof, have the righ1 at all rr:asonablt time.., to mspect or otherwise evaluate the work performed or
being performed hereunder aJ ld the premIses m which!t lS bemg performed.
!f any InspectIOn or evaluation is made on the premises of the Subgrantee or its subcontractor, the
Subgrantee shall proVIde and reqUIre its subcontractor to prOVIde all reasonable facilities and assistance
for the safety and con \t:menc.' of the mspectors in the performance of their duties. All inspections and
evaluations "hall be- performe-J in such a manner as w11 not unduly delay the work.
.\RTICLE 13. Al'DIT
The Subbrrantee shall comply with the cequnements of the Smgle Audit Act of 1984, Public Law (PL) 98-
502, ensuring that the smgle (judil repon 1I1cludes the coverage stipulated m OMB Circular A-133,
A..udits "fStates, Local Governments. anct Other ~on-Profil Orgamzations"
rhe state audItor may conduc an audit or mvestigatior of any entity receiving funds from the state
dIrectly under thIS Agreemem or mdlrectly through a subcontract under this Agreement. Acceptance of
funds directly under thls Agreement or mdirectJy through a subcontract under this Agreement acts as
acceptan<..:e uf the authonty 01 the State A..udllOr. under the dIrection of the legislative audit committee, to
conduct an audit or mvestlgation m connectlOD with those funds.
;\RTICLE 14. SLBCONTRACTS
The Subgrantee shali'lot ente: into an) subcontract WIth md1v1duals or organizations not a part of the
Subgrantee's orgamzatIOn wnhout pnor wntten concurrence with the subcontract by the Department.
Subcontracts shall contain all reqUIred proviSIons of thIS Agreement. No subcontract will relieve the
Subgrantee of its responsibill1v under this Agreement.
.\RTICI.E ]5. GRATl'ITIJ:S
Iexas TransportatlOn omml',sion polley mandates that employees of the Department shall not accept
any benef't. gIft. or favor trom any person domg busmess wlth or who, reasonably speaking, may do
business \vnh the Depa11mem.mder thiS A~rreement The only exceptions allowed are ordinary business
f'agi
I'xDor Form 1854 (rev. 7/20/2004)
Attachment B
Projectlitle: STEP-IDM
Subgrantee: Citv of Corpus Christl
,mches andtem" that have n,;eJ"ed t!-,e ath anced wnnen approval of the Department's Executive
!hrector
A.ny persun domg busmess With or who reasonably speakmg may do busmess with the Department under
thIS Agreement may not make any offer of bend its, gIftS, or favors to Department employees, except as
mentione(; here above Failur;' on the part of the Subgrantee to adhere to this policy may result in
erminatwll) t tb s A greemen
:\RTICI,E 16. ~O~COLLlSIO."
The Subgrantee warrams that :t has not employed or relamed any company or person, other than a bona
tide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not
paId or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gIft. or any llther consideratlOn contingent upon or resulting from the award or
making 01 thIS Abrreement If the Subgrantee breaches or VIOlates this warranty, the Department shall
have the 'Ight to annul thIS Agreement without liability or. m Its discretion, to deduct from the
'\greemem pnce or consIdera' JOn. or otherWise recover the full amount of such fee, commission,
)fokeragt' fee. contmgent fee.)r gIn
:\RTICI.E 17. CONFLICT OF INTEIU:ST
r he Subgrantee represents thai it or Its employees have no conflIct of interest that would in any way
'merfere wIth ItS or Its emplo) ees' performance or which in any way cont1icts with the interests of the
Department The Subgrantee :"hall exerClse reasonable care and diligence to prevent any actions or
~onditions that could result in a contlicl WIth the Department's mterests
:\RTICIJ': 18. Sl:BGRANTEE'S RESOI'RCES
fhe Subgrantee certIfies that present]: has adequate qualIfied personnei in its employment to perform
:he work reqUlred under thIS A,greemenr. or wtll be able to obtain such personnel from sources other than
-he Depanment.
\;J emplovee~ of the Subgramee shall havf such knowledge and experience as will enable them to
perform the duties aSSIgned to them Any employee of the Subgrantee who, in the opinion of the
Department. IS incompetent 01 whose conduct becomes detrimental to the work, shall immediately be
"emoved from associat lon WIth the proJ ect.
nless otherWIse speC1 iled. the' Subgrantee shail furnIsh all eqUIpment, materials, supplies, and other
'esources "eqUlred to perform' he work
\RTICI.E 19. PROCUREMEl\T AND PROPERTY MANAGEMEI\'T
rhe Subgrantee shall esrablist and admmister a system to procure, control, protect, preserve, use,
mamtain, and dispose of any property furnIshed to it by the Department or purchased pursuant to this
';'!,'1'eemem In accordance witl' its O\~'l1 propert) management procedures, provided that the procedures
are not in ,:onflict WIth the De;)artment" s property management procedures or property management
,tandards and federal standard,. as appropnak. m:
Dage 8 0
rDOT Form 1854 (rev. 7/20/2004)
Attachment B
Project Title: STEP-IDM
Subgrantee: City of Corous Christi
· 49 ('FR, Part 8.'Urlform AcmmlstTative ReqUlrements for Grants and Cooperative Agree-
ments to State and Ll,cal Governments'" or
· ...1.} CFR. Part 9 (OMB CIrcular A-] 0), "Uni form Admimstrative Requirements for Grants and
\greements wlth InstltutlOns of HIgher Educal1on, Hospitals, and Other Nonprofit
)rgamzatlOm
~RTICLE 20. OWNERSHIP OF DOCT'\1ENTS AND INTELLECTUAL PROPERTY
L:pon completIOn or termlllatlon of this Grant Agreement. whether for cause or at the convenience of the
parties hereto, all finished or ,.mfinished documents, data, studies, surveys, reports, maps, drawings,
models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant
funds shalL at the optlOn oftlle Department. hecome the property of the Department. All sketches,
photographs, calculatlOns. and other data prepared under thIS Agreement shall be made available, upon
request. the Department w,thout restnctior or hmItatlOn ofthelT further use.
\. Intelecrual property conslsts or copynghts, patent", and any other form of intellectual property rights
covenng any data bases, ,-ofmare. inVentions, trammg manuals. systems design, or other proprietary
informatlonn am form (lr med1Un
B. All rights to Deparrmenl The Department shall own all of the rights (including copyrights, copyright
appl1catlOns, copynght renewals, and copynght extensions), title and interests in and to all data, and
other mformation developed under this contract and verSIOns thereof unless otherwise agreed to in
writmg that there ,..ill be oint owrershlp
All rIc<<hlS to Subgrantee. Classes and materials mltJally developed by the Subgrantee without any
type ;jf- fundlllg or resoun:e assIstance from the Department remain the Subgrantee's intellectual
propem For these classt's and matenaJs, the Department payment is limited to payment for
attendance at classes.
ARTIC],E 21. SrCCESSORS AND ASSIG~S
fhe Department and the Subt.-Tantee each bmds itself, ts successors, executors, assigns, and
administrators to the other party to this Agreement and to the successors, executors, assigns, and
administrators of such other party m respect to all covenants of this Agreement. The Subgrantee shall
not assign, suble1. or transfer mterest and obligations in this Agreement without written consent of the
Departmt'n1
ARTICl.E 22. CIVIL RIGHTS COMPL]A~CE
'\ Compliance with regulatIOns: The Subgrantee shall comply with the regulations relative to
nondlscnminatlOn m federally-aSSIsted programs of the USDOT: 49 CFR, Part 21; 23 CFR,
Subchapter C: and 4 I CFR, Parts 60-74. as they may be amended periodically (hereinafter referred to
as the Regulations) The Subgrantee agrees to comply WIth Executive Order 11246, entitled "Equal
Employment Opportunit: "as amended by Executive Order 1 1375 and as supplemented by the U.S.
Department of Labor regulatIOns (-+ I (TR Part 60,
B. NondlscnmmatlOn The :-,ubgrantee wl1r regard to the work performed during the period ofthis
Agreement, shall not dlscnrrmate ,m the grounds ofrace, color, sex, national origin, age, religion, or
disabJl1ty m the selectIOn and retentIOn of subcontractors, mcluding procurements of materials and
leases of eqUIpment.
Page <) ", i
[,DOT Form 1854 (rev. 7/20/2004)
Attachment B
Project Title: STEP-IDM
Subgrantee: Citv of Corpus Christi
SolIe, latiOns :or subcontr"cts, includmg procurement of materials and equipment: In all solicitations
eIther b~ competlt1\e biddmg or negotlallon made by the Subgrantee tor work to be performed under
a sub(OntracL mcludmg p'ocurements of'1latenals and leases of eqUlpment, each potential
subcontractor or supplier ~hall he notIfied by the Subgrantee of the Subgrantee's obligations under
thIS Agreement and the regulatlOns relatl\e to nondIscrimination on the grounds ofrace, color, sex,
naHon.a! '.ngm, agl religlln. or dlsablllt\
Informauon and reports: 1 he Subgrantee shall prOVIde all mformation and reports required by the
regulatlOns, or dIrectIves "sued pursuant [hereto. and shall permit access to its books, records,
accounts, other sources 01 mformatlon. and Its facihties as may be determined by the Department or
the l SDOT to be pertmem to ascertain compliance With such regulations or directives. Where any
informallon reqUired of the Subgrantee IS in the exclusive possession of another who fails or refuses
to furnIsh thIS mtormatlOr the Subgrantee shall so certify to the Department or the US DOT,
whiche\er is appropriate.md sha11 set forth what efforts the Subgrantee has made to obtain the
requeqed Inj~)rma';)n
t SanctlOns for noncompliance: In the e,em of the Subgrantee's noncompliance with the
nondhcnmination provisl,m of thIS Agreement. the Department shall impose such sanctions as it or
the l " DOT ma~ determne to he appropnate
r IncorporatIOn of proviSIOns: The Subgrantee shall mclude the provisions of paragraphs A. through E.
in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the regulations or ,hrectiv,.~s. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Deparmem maY' direct as a means of enforcing such provisions, including
sanctlons lor noncompliar,-:e. Ho\\ever. m the event a Subgrantee becomes involved in, or is
threatened w1th htlgatlOnNith a subcontractor or supplier as a result of such direction, the
Subgrantee may request trie Department to enter mto litIgation to protect the interests of the state;
and in addition, the Subgrantee ma\ request the IJDlted States to enter into such litigation to protect
the imerests (If the 1 imted State"-
.\RTICLE 23, I>ISADVANl AGED BCSINESS ENTERPRISE
:1 IS the polIcy of the Department and the l SDOT that DIsadvantaged Business Enterprises, as defined in
49 CFR Part 26, shall have the opportumty to participate in the performance of agreements financed in
\'\hole or :n part with federal L.mds Consequently, the Disadvantaged Business Enterprise requirements
)1' 49 CFR Part 26, apply to this Agreement a<, follows
· 1 ne Subgrantee agree> to insure that DIsadvantaged Business Enterprises, as defined in 49 CFR
Part 26, have the opp(;rtunny to partH:lpate in the performance of agreements and subcontracts
financed In whole or, part with federal funds In this regard, the Subgrantee shall make good
faith efforts m accordance with 49 eFR Part 26. to msure that Disadvantaged Business
Enterprises have the opportunity to compete for and perform agreements and subcontracts.
· The Subgrantee and any subcontractor shall not dIscriminate on the basis of race, color, sex,
natIonal origm. or disabilit;. m the award and performance of agreements funded in whole or in
part \\]th federal fund
These reqUlrements shall be ircluded m anY' subcontract
FaIlure to carry out the requirements set torth above shall constitute a breach of this Agreement and, after
the notificatlOn of the Department. may result in termination of this Agreement by the Department, or
lther such remedv as the Department deems appropnak
"age ! () (
xDOT Form 1854 (rev, 7/20/2004)
Attachment B
Project Title: STEP-IDM
Subgrantee: Citv of Corpus Christi
ARTICLE 24. DEBARMENT/SUSPENSION
'\. The Subgrantee certifies to the best of Its knowledge and belief, that it and its principals:
\re not presently debarred. suspended, proposed for debarment. declared ineligible or voluntarily
[~xcluded iTom covered transactions by any federal department or agency;
.,
Have not withm a three (3) year penod preceding this Agreement been convicted of or had a civil
Judgment rendered against them for commissIon of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal, state, or local public transaction or
contract under a public transaction. vIOlation of federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bnbery, falsification or destruction ofrecords, making false
statements, or receiymg stolen property;
..,
,
,\re not presently indIcted or othef\\'lse criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of
rhi", Al1Jcle and
4
Ita ve not, WI thin a three (3) year period preceding thIS Agreement, had one or more federal, state,
,Ir local pubhc tranSactions tennmated for cause or default.
B. \Vhere the Subgrantee IS unable to certIfy to any of the statements m this Article, such Subgrantee
sha]] attach an explanatJUn to this Agreement.
The Subgrantee IS prohitnted trom makmg any award or permitting any award at any tier to any party
which IS debarred or suspended or otherwise excluded from or ineligible for participation in federal
aSSIstance programs under Executive Order 12549. Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant
Agreement to certify ItS digibility to receIve federal grant funds, and, when requested by the
Department. to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Sub grantee certifies to tile best of hIS or her know ledge and belief that:
A. No federally appropnated funds have been paid or will be paid by or on behalf of the Subgrantee to
any person for influencing or attemptmg to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal. amendment. or modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencmg or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with thiS federal contract, grant, loan, or cooperative agreement, the party to this
Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying,"
m accordance with its in:-;tructlOm.
The Subgrantee shall req Llire that the language of thiS certification be included in the award
documents for all subawards at alJ tiers (including subcontracts) and that all subrecipients shall
certIfy and disclose accordingly.
Page j j oj J
TxDOT Form 1854 (rev. 7/20/2004)
-
Attachment B
Project Title: STEP-IDM
Subgrantee: City of Corvus Christi
['his Cer11 ficat]on IS a matena representatlOn of fact upon WhICh reliance was placed when this
transactIOn '~as made or entered into. Submission of t1m certIficatlOn IS a prerequisite for making or
enterIng mto this transactlOn imposed by SectlOn 1352. Title 31. C.S. Code. Any person who fails to file
the reqUired certification sha;1 be subject 10 a c1vi1 penalty of not less than $10,000 and not more than
S] 00.000 for each such failure
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee IS a governmental or non-profit entity, the Subgrantee certifies that it either will go
to the Department's website noted below and complete the Child Support Statement or already has a
Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the
('hiM Support Statement current and on file with that office for the duration of this Agreement period.
rhe Subgrantee further certifies that the ChIld Support Statement on file contains the child support
mformatlon for the mdlviduais or busmess entities named In this grant Under Section 231.006, Family
Code, the Subgrantee certifies that the mdiv1dual or business entity named in this Agreement is not
meligible to receive the speCl fled grant or payment and acknowledges that this Agreement may be
Terminated and payment may be withheld if this certification ]s maccurate.
The form for the ChIld Support Statement 1S available on the Internet at:
http://www.dot.state.tx.us/cso/default.htm.
Page J 2 of /."
TxDOT Form 1854 (rev. 7/20/2004)
Attachment C
p...jeet Title: STEP - IDM
N_e of Subgrantee: City of Corpus Christi
Traffic Safety Project Description
OBJECfIVES:
The Objectives of this grant are to accomplish the following by September 30,2007:
._,-----.~_..__.---_._.._.,^
Target
ObjectivesIPerforDlaDce Measures Number
~'"'__M"'_"
.- A. Number and type citations/arrests to be issued under STEP
-_",.-'- CbristmaslNew Year's (December 22, 2006 - Jan. 2, 2007)
1. Number of OWl arrests to be made during the ChristmaslNew Year's
~__. DWl Operation 30
Spring Break (March 9 - 19,2007)
2. Number of OWl arrests to be made during the Spring Break DWI
Operation 28
~. Independence Day (June 29 - July 5, 2007)
3. Number of OWl arrests to be made during the Independence Day
DWI Operation 17
~.-
Labor Day (August 17 - September 3, 2007)
4. Number ofOWI arrests to be made during the Labor Day DWI
Operation 45
-
B Total Number of Enforcement Hours for Entire Grant Period 722
~.
C Complete administrative and general grant requirements as defined in the
Action Plan, Attachment D.
1. Submit the following number of Performance Reports, including the
Final Performance Report and Administrative Evaluation Report. 4
--"._-
2. Submit the following number of Requests for Reimbursement 4
-
D Support grant enforcement efforts with public information and education
(PI&E) as defined in the Action Plan, Attachment D.
~"C__
1. Conduct a minimum of one (1) presentation for each DWI operation
r period. 4
2. Conduct a minimum of two (2) media exposures (e.g., news
conferences, news releases, and interviews) for each DWI Operation
period. 4
3. Conduct a minimum of one (1) community event (e.g., health fair,
traffic safety booth) during the grant period 1
4. Produce the following number of public information and education
materials if applicable.
5. Distribute the following number of public information and education
...., materials if applicable.
T1fI!tfic Safety Pro;ect Description
Paf!e I of 4
hOOT Form 2076-IDM (Rev: 10/17/2006)
~-----""",
Attachment C
Project Title: STEP - IDM
Subgrantee. City of Corpus Christi
NOTE:
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a
peace officer issue a specified or predetermined number of citations in pursuance of the
Subgrantee's obligations hereunder
In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-
STEP funded citation and arrest activity due to the prohibition of supplanting.
L RESPONSmll..ITIES OF THE SUBGRANTEE:
A Carry out the objectives and performance measures of this grant by implementing all
activities in the Action Plan, Attachment D.
B The Objectives/Performance Measures shall be included in each Performance Report
and summarized in the Final Performance and Administrative Evaluation Report.
C Submit all required reports to the Department fully completed with the most current
information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions, Attachment B of this Grant Agreement. This
Includes reporting to the Department on progress, achievements, and problems in
periodic performance reports. All required documents must be accurate. Inaccurate
documents will delay any related Requests for Reimbursement. The Subgrantee
must complete and submit all Performance and Annex Report data on the Buckle Up
Texas Website (w\\ \V_j)ucl.;,l~l,lptexa~:_Qm) no later than twenty (20) days after each
reporting period.
D A Final Performance and Administrative Evaluation Report summarizing all
activities and accomplishments will be submitted to the Department electronically
via the Buckle Up Texas Website no later than thirty (30) days after the grant ending
date.
E Attend meetings according to the following:
I . The Subgrantee will arrange for meetings with the Department, as indicated in
the Action Plan, to present status of activities and to discuss problems and the
schedule for the following quarter's work.
2. The project director or other appropriate, qualified persons will be available to
represent the Subgrantee at meetings requested by the Department.
F When applicable, all newly developed public information and education (PI&E)
materials must be submitted to the Department for written approval prior to final
production. Refer to the Traffic Safety Program Manual regarding PI&E procedures.
The manual is located at http://manuals.dot.state.tx.usldocslcohraft7formsltfc.pdf.
G For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the written approval of the Department prior to the beginning of the trip.
Grant approval does not satisfy this requirement. For Department district-managed
grants, the Subgrantee must have written Department district approval for travel and
related expenses if outside of the district boundaries.
Trtll/ffic Safety Pro;ect Description
Paf(e 2 of 4
TxDOT Form 2076-IDM (Rev: 10/17/2006)
~_......''''....-
Attachment C
Prqect Title: STEP - IDM
Subgrantee City of Corpus Christi
H Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity
already supported by local or state funds.
J The Subgrantee should have a safety belt use policy. If the Subgrantee does not have
a safety belt use policy in place, a policy should be implemented during the grant
year.
K Carry out the objectives of this grant by implementing the Operational Plan,
Attachment F of this Grant Agreement.
L Ensure that each officer working on the STEP project will complete an officer's
daily report form. The form should include: name, date, badge or identification
number, type of grant worked, grant site number, mileage (if applicable) (including
starting and ending mileage), hours worked, type of citation issued or arrest made,
officer and supervisor signatures.
M Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty, unless the Subgrantee received specific written
authorization from the Department (TxDOT) prior to incurring costs.
N Support grant enforcement efforts with public information and education (PI&E).
Salaries being claimed for PI&E activities must be included in the budget.
o Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
P Subgrantee may work additional STEP enforcement hours on holidays or special
events not covered under the Operational Plan. However, additional work must be
approved in writing by the Department prior to enforcement. Additional hours must
be reported in the Performance Report for the time period for which the additional
hours were worked
Q If an officer makes a STEP-related arrest during the shift, but does not complete the
arrest before the shift is scheduled to end, the officer can continue working under the
grant to complete that arrest
R At the time the signatory for the Subgrantee signs the Grant Agreement, provide a
letter to the Department from the enforcement agency head, training officer, or
authorized individual certifying that the officers working DWI enforcement are, or
will be, trained in the National Highway Traffic Safety Administration/International
Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the
case of a first year subgrantee, the officers must be trained, or scheduled to be SFST
trained, by the end of the grant year. For second or subsequent year grants, all
officers working DWI enforcement must be SFST trained.
S The Subgrantee should have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary
T.,..f!ic Safety Pro;ect Description
PaRe 30f4
TxDOT Form 2076-IDM (Rev: 10117/2006)
Attachment C
Project TItle STEP- lDM
Subgrantee: City of Corpus Christi
T The Subgrantee is encouraged to use the DWI On-line Reporting System available
through the Buckle Up Texas Web site at www.buckleuptexas.com.
IL RESPONSIBILmES OF THE DEPARTMENT:
A Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring
and inspections, including but not limited to:
review of periodic reports
2. physical inspection of project records
3 telephone conversations
4. e-mails and letters
5. meetings.
B Provide program management and technical assistance
C Attend appropriate meetings.
D Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety
Project Budget, Attachment E. Requests for Reimbursement will be processed up to
the maximum amount payable as indicated on the cover page of the Grant
Agreement
E Perform an administrative review of the project at the close of the grant period to
include a review of adherence to the Action Plan, Attachment D and the Traffic
Safety Project Budget, Attachment E, and attainment of project objectives.
T,..!fic Safety Pro;ect Description
Paf(e 4 of 4
TxDOT Form 2076-IDM (Rev: 10/17/2006)
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Form 2077-LE (rev 8/12/2004)
Page 1 of 2
Attachment E
Traffic Safety Project Budget
(for Law Enforcement Projects)
Pntjeet Title: STEP - 10M
N_e of Subgrantee: City of Corous Christi
Fiscal Year: 2007
o Check here if this is a revIsed budget.
Date Revised:
o.tget Category I - Labor Costs
(lOG) Salaries
~ Overtime or 0 Regular Time
Salary I3tes are estimated for budget purposes only.
Reimbursements will be based on actual costs per employee in
accordance with Subgrantee's payroll policy and salary rate.
List details:
A Enforcement (overtime)
1 OfIicerslDeputies: ~ hrs. @ $36.70 per hr.
2. Sergeants: _ hrs. @ $_ per hr
3 Lieutenants: _ hrs. @ $__ per hr.
B. PI&E Activities (overtime)
See Grant Instructions.
_hrs.@$_perhr.
C Other (i.e., overtime staff, supervisory support, conducting
surveys)
See Grant Instructions.
Specify: administrative DaDerwork
11..QQ hrs. @ $42.16 per hr
Total Salaries. . . . . '"
(200) FriDae Beaefits.
Specify fringe rates
A Overtime: 21.68%
B. Part-Time:_%
C Regular Time: _ %
Total Friaee Benefits.. .....
L Total Labor Costs (100 + 200)..
(Round figures to nearest dollar)
Otherl
TxDOT StateJLocal TOTAL
___ 26,497
26,497
o
o
o
506
--...-
27,003
506
o 27,003
._. 5,854
5,854
o
o
o 5,854
o 32,857
5,854
32,857
* DetIIiI RecpUred: As an attachment to the budget, a justification and a detailed cost breakdown is required
for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),
CGntractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
TxOOT Form 2077-lE (rev 8112120(4)
Page 2 of 2
Project Title: STEP - 10M
Subgrantee: City of Corpus Christi
Attachment E
Fiscal Year: 2007
o Check here if this IS a reVlsed budget
Date RevIsed:
B_get Category II - Other Direct Costs
(308) Travel*
Reimbursements will be in accordance with Subgrantee' s trnvel
policy. Subgrantee must bill for actual ttavel expenses - not to
exceed the limits reimbursable under state law
A Travel and Per Diem (includes conferences, training
workshops, and other non-enforcement ttavel) ....
B. Subgrantee Enforcement Vehicle Mileage:
Rates used only for budget estimate. Reimbursement will be
made according to the approved subgrantee's average cost per
mile to operate patrol vehicles, not to exceed the applicable
state mileage reimbursement rate as established by the
Legislature in the ttavel provisions of the General
Appropriations Act Documentation of cost per mile is
required prior to reimbursement.
3456.00 miles @ ~ per mile
Total Travel. ...
(408) Equipment*
(500) Supplies*
(608) Contractual Senices* ..
(708) Other Miscellaneous"
A Registration fees (training, workshops, oonferences, etc.) .. .
B. Public information & education (PI&E) materials .
1 Educational items = $_
(eg.: brochures, bumper stickers, posters, fliers, etc.)
2 Promotional items = $_
(eg.: key chains, magnets, pencils, pens, mugs, etc.)
C. Other....... ............. ....
Total Other MisceHaneous
n. Toea! Other Direct COlts (300 + 400 + 500 + 600 + 700)
B_get Category m - Indirect Costs
(800) Indirect Cost Rate* (at _%)
S.....ary :
Total Labor Costs ............ ..........................................................
Total Other Direct Costs.. ...........................................................
Total Indirect Costs .......... ............... ..........................................
Gand Total (1+ n + III) ....................................................
F1uId Sources (percent Share).... ...... .................. ................. ........
(Round figures to nearest dollar)
Other!
TxDOT StatelLocal TOTAL
o
o
____ 2,143
2,143
2,143
2,143
o
o
o
o
o
o
o
o
2,143
o
2,143
o
o
o
32,857 0 32,857
2,143 0 2,143
0 0 0
35,000 0 35,000
100.00% 0.00%
---.-
* ~ DeuIII Required: As an attachment to the budget, a justification and a detailed cost breakdown is required
fOliall costs included for Fringe Benefits (200), Travel and Per Diem (300). Equipment (400), Supplies (500),
a.ttactual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
Fom: 2 09
Attachment F
TRAFFIC SAFETY OPERATIONAL PLAN
FY 07 STEP - IDM
~ ame of Subgrantee: City of Corpus Christi
Site Description I Enforcement Period I
Christmas/New Year's Wave
December 22, 2006 - Jan. 2, 2007
Sorine Break Wave
March 9 - 19, 2007
Jurisdiction Wide
Indeoendence Dav Wave
Conduct focused DWl saturation patrols within June 29 - July 5, 2007
high risk locations during times when alcohol-
related crashes are most frequent Labor Dav Crackdown
August 17 - September 3, 2007
· Conduct a minimum of 4 nights ofDWI
enforcement during each holiday period
· Conduct pre and post earned media
activities for each holiday period
WE? -IDM 09/J 3/06
Operational Plan
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RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT GRANT FUNDING IN THE AMOUNT OF $35,000 FROM
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN
IMPAIRED DRIVING MOBILIZATION SELECnvE TRAFFIC
ENFORCEMENT PROJECT (STEP) GRANT FOR OWl
ENFORCEMENT OVERTIME WITHIN THE POLICE
DEPARTMENT AND TO EXECUTE ALL RELATED
DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
accept grant funding in the amount of $35,000 from the Texas Department of
Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement
Project (STEP) Grant for OWl enforcement overtime within the police department
and for overtime to execute all related documents for the applicable time period.
SECTION 2. The City Manager, or the City Manager's designee, may accept,
reject, agree to alter the terms and conditions, or terminate the grant, if said grant
is awarded to the City.
SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned, in full, to the Texas Department of
Transportation
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
Approved as to form AJ'tJV,.. 'w- r ,2006
Joeeph .a;~ {h5/
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
of
,2006
The above resolution was passed by the following vote:
Henry Garrett
.rent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
~
ORDINANCE
APPROPRIATING $35,000 FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING
MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT
(STEP) GRANT FOR OWl ENFORCEMENT OVERTIME WITHIN THE
POLICE DEPARTMENT IN THE NO. 1081 POLICE GRANTS FUND;
AND DeCLARING AN EMERGENCY.
IE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $35,000 from the Texas Department of Transportation is
8lPpropriated in the No. 1061 Police Grants Fund for funding of an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement
.,d overtime within the Police Department.
IECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) SUSPends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this, the 14th day of November, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Henry Garrett, Mayor
Approved as to form ~/.~ 1.10/ "'~.w 1 , 2006
~(\--
Josep Harney ~
Assistant City Attom--y
For City Attorney
....--
TO THE MEMBERS OF THE CITY COUNCil
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
eI1ergency exists requiring suspension of that Charter rule which requires an
Ofdinance to be considered and voted upon at two regular meetings. Therefore, l/we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, 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
Jerry Garcia
John E. Marez
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
~ _c.-
6
..........,-'-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11/14106
AGENDA ITEM: Motion to authorize the City Manager or the City Manager's designee
to execute a lease agreement with the Nueces County Appraisal District for a two year
term with a right to renew for three additional one year periods beginning at $64,092
per year and providing for an annual adjustment according to the Consumer Price
Index
ISUE: The Police Department needs additional space for investigators.
BACKGROUND INFORMATION: The Police Department currently leases 7,500
square feet from the Appraisal District on the 3rd floor. The area will be increased to
9,017 square feet to provide for an expanded investigative unit.
REQUIRED COUNCIL ACTION: Approval of the motion.
PltEVIOUS COUNCIL ACTION: None
FUNDING: Funds are provided for in the Police General Fund.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
PfBsented.
~
B. P. Smith
Chief of Police
Attachments:
Lease Agreement
201 N. Chaparral. Suite 206
Corpus Christi, Texas 78401
Telephone No. (361) 881-9978
Fax No. (361) 887-6138
LEASE
aETWEEN THE CITY OF CORPUS CHRISTI POLICE DEPARTMENT
AND
THE NlJECES COUNTY APPRAISAL DISTRICT
STA TE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi (City and Lessee) needs office space for its
Police Department; and
WHEREAS, the Nueces County Appraisal District (Appraisal District and Lessor) has
space available at 201 North Chaparral and is willing to lease office space for the
Corpus Christi Police Department under the following terms and conditions:
NOW, THEREFORE, City of Corpus Christi and Appraisal District, in consideration of
the mutual covenants contained herein, agree as follows:
1, Term. Appraisal District leases the Premises to the City for its Police
Department for a period of two (2) years beginning October 1, 2006, with the
right to renew for three (3) additional one-year periods upon the same terms
and conditions, subject to the Police Chiefs written request at least sixty (60)
days pnor to term expiration and the Chief Appraiser's approval.
Police Department may continue to occupy leased premises after expiration
of this lease, or any extension thereof, on a month-to-month basis, paying in
accordance with the terms of the most current signed lease agreement.
2. Premises. The City shall lease 9,071 (nine thousand seventy-one) square
feet of office space in the Nueces County Appraisal District Building, located
at 201 North Chaparral (Office Building), on the third floor, as set out on the
attached and incorporated Exhibit A (Premises).
3. Rental Fee. City shall_pay monthly rent at the rate of $0.5887 per square
foot (unit rate as of March 2006). Each year, the Appraisal District will adjust
the rental fee by the ratio that the Consumer Price Index (CPI) increases, or
decreases, from January 1 to December 31 of the previous year, to calculate
the new rental fee for the current year. City shall pay its monthly rental fees
Corpus Christi Police DepartmL'llt
NCAD Building Lease 2006-2008
on or before the tenth (10th) day of each month in advance. Payment shall
be made to:
Nueces County Appraisal District
Attn: Mr. Ollie Grant, Chief Appraiser
201 North Chaparral, Suite 206
Corpus Christi, Texas 78401
4. Utilities. The Appraisal District shall provide all utilities and HVAC in good
working order and shall provide maintenance and repairs to utilities and
HV AC at its cost
5. Custodial Services. Appraisal District shall provide custodial services to
Premises of the same quality and frequency provided to the balance of the
Office Building.
6. Maintenance. Appraisal District shall provide repair and maintenance
services to Premises of the same quality and frequency provided to the
balance of the Office Building.
7. Parkina. Appraisal District shall provide four (4) parking spaces reserved for
the Police Department on John Sartain Street and one (1) parking space in
the north parking lot
8. Sanitation. Appraisal District shall ensure that all refuse is removed from the
Premises and Office Building and properly stored and disposed of.
9. Insurance. Appraisal District shall insure the Office Building and City shall
insure its own contents including furniture, fixtures, and equipment.
10.Securitv. Appraisal District shall provide whatever type of security system it
deems adequate to protect the Premises; Office Building; all furnishings,
equipment, papers and personnel.
11.Access. The Premises shall be open to the public on a non-discriminatory
basis from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding Nueces
County Appraisal District holidays.
12. Default. The following events constitute a breach of this lease and a default
thereunder:
a} failure of the City to pay its rent on or prior to the due date;
b) failure of the City personnel to comply with security measures provided or
required by the Appraisal District; or
c) destruction or uninhabitability of the Office Building.
Corpus Christi Police Departtnent
NCAD Building Lease 2006-2008
2
13. Remedies. If the City or the Appraisal District default as set out above, ten
(10) days notice will be provided to the defaulting party of the default claimed
and the timeframe for an additional ten (10) days to cure the default.
If the default is not cured within the timeframe set out, the non-defaulting
party may elect to cancel this lease immediately and seek all remedies
provided under the law.
14. Waiver. Any waiver of breach of anyone or more covenants herein shall not
be construed to be a waiver of any subsequent breach of the same or any
other covenant. Nor shall failure, on the part of any party, to require exact
compliance with any covenant or term of this lease be construed as changing
the terms of this lease or estopping the parties from enforcing the full
provisions thereof
15. Cancellation. This lease may be canceled upon the occurrence of any of
the events of default herein described.
16. Notices and Addresses. All notices, demands, requests, or replies
provided for or permitted by this Lease shall be in writing and may be
delivered by any of the following:
1 personal delivery;
2. deposit with the United States Postal Service as certified mail,
return receipt requested, postage prepaid to the addresses
stated below; or
3. facsimile transmission.
If to City Police Department:
City of Corpus Christi
Attn: Chief of Police
321 John Sartain St.
Corpus Christi, Texas 78401
Fax No. (361) 886-2607
If to Appraisal District:
Nueces County Appraisal District
Attn: Mr. Ollie Grant, Chief Appraiser
201 North Chaparral, Suite 206
Corpus Christi, Texas 78401
FAX No. (361) 696-7610
Colpus Christi Police Department
NCAD Building Lease 2006-2008
3
17.Surrender. Upon expiration or cancellation of this lease, Police Department
shall peacefully vacate the Premises and deliver up the same to the
Appraisal District in a reasonably good condition, ordinary wear and tear
expected.
18.lnteroretatlon.
a) This lease shall be interpreted according to Texas laws. Venue shall lie in
Corpus Christi, Nueces County, Texas, where the lease was executed, the
Premises are located, and both parties reside.
b) The headings herein are for convenience and reference only and are not
intended to define or limit the scope of any proVision herein.
19.Asslanment or Sublease. Lessee shall not have the right without the prior
written consent of the lessor to assign or sublet this lease.
20. Entlrelv.
a) This lease, and all exhibits, constitutes the entire agreement between the
Police Department and the Appraisal District. The unenforceability,
invalidity, or illegality of any provision of this lease shall not render the
other provisions thereof unenforceable, invalid, or illegal.
b) This lease may be modified only by further written agreement between the
parties signified by execution by duly authorized representatives of each
party.
c) All provisions of this lease are for the exclusive benefit of the Police
Department and the Appraisal District and shall not be construed to be for
the benefit of any third party.
21.ADDroDrlatlons. This lease is subject to annual appropriation of funds by
Lessee. If this lease is not a budgeted item for any City fiscal year, the
Lease shall terminate on July 31 of the last fiscal year for which Lease funds
have been budgeted. The termination in this manner shall not constitute an
event of default.
22. Termination In the event of sal.. Lessor may terminate this Agreement,
upon six month's advance written notice to Lessee, upon the sale of the
Premises. The termination in this manner shall not constitute an event of
default.
a.pus Christi Police Dq>artment
NCAD Building Lease 2006-2008
4
-
Signed this ____ day of
,2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Nee
City Manager
APPROVED:_ tJ
DAY OF I "t iJ 1,/t.""-"1-__
, 2006.
By:
'i-' .. 'v-,~'" /~_ LoO('
/\_" t.. , '--__ . r .;"7',
Assistant CltY)Attorney
For City Attorney
Nueces County Appraisal District
)1 ret
....\ '! i
By: ~ \LZtv
Name: Ollie Grant
Title: Chief Appraiser
By: ~Iifft
Eto . sal -
Chairman Board of Directors
Calpus Christi Police Department
NCAD Building Lease 2006-2008
5
7
AGENDA MEMORANDUM
City Council Action Date: November 14.2006
A8ENDA ITEM:
A motion authorizing the Director of the Public Health District to execute an
agreament with the Association of Public Health Laboratories for testing of
erwironmental samples relating to a plan for responding to an act of bioterrorism.
ISlUE: The Public Health District laboratory will analyze and report the testing results of
environmental samples to the Association of Public Health Laboratories (APHL). The
APHL will pay $150.00 to the Public Health District for each result reported.
REQUIRED COUNCIL ACTION: Approval to enter into agreement.
PIlEVIOUS COUNCIL ACTION: None
FUNDING: Project funding is through the Department of State Health Services grant. No
nwtching funds are required.
C8NCLUSION AND RECOMMENDATION: Recommend City Council to approve the
r8luest by the Public Health District to enter into an agreement with the Association of
Public Health Laboratories.
)
{~'. .d"'"Ko.,cO~ J /h/If
Annette Rodriguet, liI:P.H.
Acting Director of Public Health
BACKGROUND INFORMATION
The Department of State Health Services (DSHS) is supporting a grant in the amount of
$560,950 for the Public Health District to provide community public health preparedness
through the laboratory's participation in the Laboratory Response Network (LRN). The LRN
is a result of cooperation between the Centers for Disease Control and the Association of
Public Health Laboratories (APHL). This agreement will allow regional testing of
environmental samples to be accomplished using standardized methods and protocols for
analysis, reporting, and payment for laboratory testing. The agreement allows for payment
of $150.00 for each sample tested by the Corpus Christi-Nueces County Public Health
District laboratory
8
~>.....,"""",,
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14,2006
AGENDA ITEM:
Resolution authorizing the City Manager or designee to accept the donation of a monument
commemorating the WWII Pearl Harbor Survivors from Corpus Christi by installing a
monument in Sherrill Park.
ISSUE: The Pearl Harbor Survivors Association, Chapter 5 of Corpus Christi, Texas, has
received donations to install a granite monument in Sherrill Park that commemorates the
Corpus Christi survivors of the Pearl Harbor attack. The Mayor's Committee on Veteran
Affairs has approved the monument and location in Sherrill Park.
REQUIRED COUNCIL ACTION: The City Council is requested to approve the monument
to be installed in Sherrill Park near the other veteran monuments.
PIIEVIOUS COUNCIL ACTION: none
OONClUSION AND RECOMMENDATION: Staff recommends approval of request to
accept the donation of the monument and the installation at Sherrill Park.
iLl
lik, Director
d Recreation
Attachments:
letter from Pearl Harbor Survivors Association to Mayor's
Committee on Veteran's Affairs
letter from Pearl Harbor Survivors Association to City
Site map
PRII& ..-I.RILL_I.." JII.OIft..
~S
(ellf. __J"', TRIAl
September 11, 2006
To: Nayor's Committee for Veterans' Affairs
From: Pearl Harbor Survivors, Corpus Christi
ATfN: MR. JUAN SAENZ
Sirs:
On behalf of our local membership, I am pursuing their desire to erect a modest monument in
Shemll Park in remembrance of the events of December 7, 1941.
We hope that our proposed monument will join the monuments already there and later be joined
by odlers. Each memorial, including the one dedicated to today in memory of September 11, 2001,
honors a special part of our nation's history. And in honoring the devotion to duty of our men and
women of a particular time and place - such as Pearl Harbor on December 7th 1941 -we honor all
men's devotion to duty, in every time and place.
Our Pearl Harbor survivors, as you know, are aging fast. Not many remain. We hope that those
still here will be able to see this monument in place with their own eyes.
We seek your support as fellow veterans and as members of the Mayors committee as we
purs8e this with the city.
Our plan is simple: we will raise the money to erect a granite monument similar to the one you
see in attachment A: "PHSA New Mexico Chapter 1 Monument dedicated on December 'r', 2004".
The approximate cost of the one shown was $7,000 - we have one survivor who has already pledged
$8000 himself for this monument. We \ViII work as appropriate with city government to get this
accomplished.
You may be aware that our chapter was instrumental in establishing the "Remember Pearl
Harbor" permanent exhibit aboard the USS Lexington Museum. Another of our activities is described
in attachment "B".
We ask your support. and encourage you to consider your own.
'I1uu* you.
On Behalf of the Pearl Harbor Survivors
-\
,...----
Y'\
i/.. . / /', /
/ I . ""-f:~/ ,~
/7
Peter Rabalais
(361) 992-6068 [H]
(361) 993-4053 [0]
QderrabaJais u aul.cllll,
Attadunent "A"- PHSA Monument in New Mexico from May 2005 (p. 31) Pearl Harbor Gram
Attaobment "B" - Local PHSA Chapter does student teleconferences
GRAM
I
i
Page 31 ~
g
PHSA New Mexico Chapter 1 Monument
Dedicated On December 7th, 2004
L8ft to RIght are ChapW.1 mem....: Ho.... GM*, John Stanhope, Ray Youngman,
....".. Rounding. VIce P.....dent, Stan White, Pru'dent, Ray Baker, and Ch8plaln and SlID
Chairman, Cha..... WIeland.
The Albuquerque, New Mexico, Chapter 1 Pearl Harbor Survivors raised approximate-
ly $7,000 needed to purchase and install this Pearl Harbor monument in the wwn area
designated at the New Mexico Veterans Memorial in Albuquerque, NM. A fonnal dedi-
cation ceremony took place at the Veterans Memorial on December 7, 2004. The mon-
ument is dedicated to all military personnel serving at stations on Oahu Hawaii during
the Japanese attack, December 7, 1941. The monument consists of two pieces of grey
granite with the base engraved with historical information about Pearl Harbor, consist-
ing of U.S. casualties and a list of the 9 battleships lost or sustaining damage. The top
piece is engraved with the Pearl Harbor Survivors Association logo and dedication
information in red, white and blue.
Submitted by Lauretta Dickey, Secretary PHSA NM Chapter 1
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imd subsequen'ly take appropriate steps to obtain City authorization to erect the monmnent.
ne d\ c.'age aw of OLlO Snr'iv(,,'s in the mid-eighties, so we hope to see the monument in
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A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ACCEPT THE DONATION OF A MONUMENT COMMEMORATING
THE WWII PEARL HARBOR SURVIVORS FROM CORPUS
CHRISTI BY INST ALLLlNG A MONUMENT IN SHERRILL PARK
BI IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SICTION 1. The City Manager or designee is authorized to accept the donation of a
monument commemorating the WWII Pearl Harbor Survivors from Corpus Christi by
installing a monument in Sherrill Park
INfRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the day of ~__ , 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Al1T1ando Chapa, City Secretary
Henry Garrett, Mayor
APPROVED: 6 November, 2006
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C'\DOCUME-1 \kristinc\LOCALS-1; Temp\06, 11 06DC.Commemo,ratingMo,nument.WWIIPea,r1Harbo.rSurviv,orsCC.sherriI.lPark._1.do
......
Corpus Christi, Texas
. Day of .. , 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
C:\DQCUME-1 \kristinc\LOCALS-1 \ T emp\06.11 06DC. Commemo.ratingMo.numentWWIIPea.r1Harbo.rSurviv.orsCC.SherriI.lPark._1.do
9
~.....,.,,-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14. 2006
AGENDA ITEM:
\1otioo authorizing the City Manager or his designee to execute a professional services contract with
friStern, Ltd., to conduct an audit and study of prior electric utility billings (including street light bills)
billed to the City to determine whether amounts paid by City were correct.
ISSUE:
The City, as a member of the South Texas Aggregate Project, Inc. (8T AP), was presented with a proposal
from Tri8tem, Inc. to conduct audits of the City's prior electric and street light billings to determine if the
bIllinas were accurate, the rates and tariffs charged were correct, and the proper type and wattage of bulbs
and type of pole were reflected on the City's bills. TriStem, Inc. will analyze the bills, isolate any errors or
overcharges, and then work with the utility provider to obtain any refunds, credits, and savings that are due
the City. The fee will be based upon a percentage ofthe recovery of retroactive over-billings. Tri8tem's
standard contract calls for TriStem to receive 49 percent of the retroactive recovery. TriStem has
committed that if enough 81'A1' members participate, the recovery fee will be lowered to 39 percent.
fhrough communications with other ST AP members, the City has determined that sufficient participation
will be achieved in order to negotiate the lower recovery fee.
REQUIRED COUNCIL ACTION:
Approval of the motion authorizing the City Manager to execute a contract with TriStem, Ltd.
CONCLUSION AND RECOMMENDATION:
Staffrecommends that the motion authorizing the City Manager or his designee to execute a professional
services contract with TriStem, Ltd., to conduct an audit and study of prior electric utility billings
(including street light bills) billed to the City to determine whether amounts paid by City were correct be
approved.
~ (J.L~
Cindy O'Brien ')
Director of Financial Services
A ttaclunents:
Contract
CONTRACT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
~
~KNOW ALL MEN BY THESE PRESENTS:
CITY OF CORPUS CHRISTI
~
THIS CONTRACT FOR PROFESSIONAL SERVICES (this "Contract") is made on
November 3,2006, by and between the CITY OF CORPUS CHRISTI, TEXAS (the "City"), and
TRISTEM, LTD., a Texas limited liability corporation, with its principal office located in Hewitt,
Texas (the "Contractor"). The initial addresses of the parties are as follows:
CITY
CONTRACTOR
The City of Corpus ChriStl
Fiaancial Services Division
1201 Leopard Street, 4th. Floor
Corpus Christi, Texas 78401-2825
TriStem, Ltd.
328 Ivy Lane
Hewitt, Texas 76643
W ! T N E ~ ~ E T H:
WHEREAS, the City desires to secure the performance of professional services of the
hiahest quality by trained, skilled personnel; and
WHEREAS, the Contractor desires to provide such services in exchange for the fees
hereinafter specified;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, and other valuable consideration, the parties hereto agree as follows:
ARTICLE I.
DEFINITIONS
Section 1.01. Me:.tDinfls of Words and Terms. As used in this Contract, the following
words and terms shall have the respective indicated meanings:
'Account" means electric utility account
"City" means the City of Corpus Christi, Texas.
"Contractor" means the entity designated as such in the introduction of this Contract.
"Force Majeure," as used herein, shall include, but not be limited to, acts of God, acts of the
p.mlic enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes,
tires, storms, floods, washouts, tornadoes, hurricanes, arrests, and restraints of government and
people, explosions, breakage or damage to machinery or equipment and any other inabilities of either
palty, whether similar to those enumerated or otherwise, and not within the reasonable control of the
party claiming such inability.
"Payment" means the fee to be paid by the City to the Contractor for the Contractor's
petformance of its duties under this Contract, computed in accordance with Section 5.02 hereof.
"Project Manager" means the City Director of Financial Services, or her designee, who has
the authority and responsibility of administering all aspects of this Contract on behalf of the City.
Section 1.02. Miscellaneous Definitions. Words of the masculine gender shall be deemed
and construed to be correlative words of the feminine and neuter genders. Unless the context shall
otherwise indicate, singular terms used herein shall include the plural number should the context so
require
Section 1.03. Titles and Headinlls. The titles and headings ofthe articles and sections of
this Contract have been inserted for convenience of reference only and are not to be considered a part
hereof, and shall not in any way modify or restrict any of the terms or provisions hereof and shall
never be considered or given any effect in construing this Contract or any provision hereof or in
ascertaining intent, if any question of intent shall arise.
ARTICLE II.
SCOPE OF SERVICES
Section 2.01. Basic Services. The Contractor shall conduct an audit and study of prior
elactric utility billing (including street light bills) billed to the City to determine whether amounts
paid by City were correct. The Contractor shall also inform City if there is a possibility that City can
qualify for a more advantageous rate for future billing. The City Director of Financial Services shall
have sole discretion in determining which bills are referred to Contractor for review.
(A) Investillation. Upon receiving the Account information described in Section
3.01 (A), the Contractor shall, within six months of receiving the Account information, subject to
receipt of necessary information from the electric utility service provider:
{ 11 Investigate each Account and determine if there was overpayment by the City with
each said Account.
(2) Provide to the City Project Manager a Research Report (the "Research Reportll)
containing individual Accounts or a complete list of all Accounts researched by the
Contractor for which the Contractor has identified potential overpayments by the City.
-2-
.....
I .3) Contractor will seek to obtain refunds for any past overbillings which Contractor
determines have occurred. Any such refunds will be issued directly from the electric
service provider to the City..
Section 2.02. Coordination of Services. The Contractor shall coordinate all ofits activities
herein described with the City's representative, the Project Manager, or any of her designated
representati ves
Section 2.03. City IS Existine: Proe:rams. The Contractor hereby acknowledges that the City
may have begun research into certain utility bills. The City shall identify to Contractor any such
utility bills within the first two (2) weeks of this Contract. The Contractor acmowledges that the
City has engaged Contractor to supplement and augment any existing reviews the City has in place
and the City acknowledges that it desires to utilize the Contractor's services in such a manner so as to
maximize the City's revenues.
ARTICLE III.
CITY DUTIES. DATA RECORDS. WORK PRODUCTS. ETC.
Section 3.01. Certain Duties of the Citv.
(A) City to Provide Access to Accounts. In addition to its other duties under this
Contract, the City shall, to the extent permitted by law, provide access to all the data and records in
its possession for each Account, and shall provide copies of any documents in its possession or
control or available to it which are requested by the Contractor and are reasonably necessary for the
Contractor to perform its duties under this Contract.
(B) Post-Award Contract Meetine:. Upon execution ofthis Contract by all parties, the
City will coordinate a post-award contract meeting with the Contractor and all designated
management personnel representing the City under this Contract in order to fully explain all aspects
of this Contract.
(C) Proiect Manae:er's Assistance. The Project Manager shall assist the Contractor in its
dealings with the City, including any of its departments or divisions.
ARTICLE IV.
INDEMNIFICATION AND INSURANCE
Section 4.01. Indemnification. The Contractor agrees at all times to
defend, indemnify and hold the City harmless from and against any
alld all liabilities, losses or costs arising from claims for damages, or
sllits for loss or damage, including without limitation, reasonable
a.orney fees, which arise as a result of the performance of or failure to
-3
ptoperly perform its duties under this Contract, whether such claims
aft asserted before or after the termination of this Contract.
Section 4.02. Insurance. During the term of this Contract, the Contractor shall carry and
maintain the following insurance coverage with a company or companies satisfactory to the City,
under policies of insurance that meet the requirements of the State of Texas. The City shall be
named as an additional insured for all liability policies, with a waiver of subrogation on all
applicable policies. Each of said policies shall provide that the City shall be given at least thirty (30)
days prior written notice of change or cancellation. Such insurance coverage shall have the
minimum limits of liability in not less than the following amounts:
(A) Commercial General Liability, including commercial form, premises - operators,
products/completed operations hazard, contractual insurance, independent contractors
and personal injury: $1,000,000 Combined Single Limit
( B) Automobile Liability, including own~ non-owned or rented: $1,000,000 Combined
Single LimIt
C) Professional Liability, including errors and omissions: $1,000,000 Combined Single
Limit
tD) Workers Compensation with Employees Liability, which complies with the Texas
Workers' Compensation Act: $100,000
ARTICLE v.
PAYMENT
Section 5.01. Limitation on Sources of Pav.eat. Any and all fees due to the Contractor
for services rendered under this Contract shall be payable solely from overpayments that are received
an4 collected by the City. The Contractor acknowledges and agrees that the City's liability for any
and all payments hereunder shall be limited by this provision. !fthere are no refunds to City, there is
no payment owed to Contractor.
Section 5.02. Payment for Services.
(A) Payment to Contractor. City agrees to pay Contractor forty-nine percent (49%) of any
retimds City receives as a direct result of Contractor's services or audit process, or any part thereof.
If South Texas Aggregation Project members agree to use Contractor's such that the combined
population of the STAP member cities exceeds 500,000, City and Contractor have negotiated a
reduced fee such that City agrees to pay Contractor thirty-nine (39%) of any refunds received as a
result of Contractor's services.
-4.
(B) When Pavments Due. Payments are due to the Contractor monthly within thirty (30)
days of receipt of refunds by the City, whether refund is in the form of cash, credit to accounts, in-
kind contributions or any other form of payment or reimbursement. If future considerations are
given in lieu of refunds, ('ontractor shall receive the same percentage of the value of the future
considerations, as Contractor would have received from refunds obtained.
ARTICLE VI.
TERM AND TERMINATION
Section 6.01. Term. This Contract shall be effective as of date of execution bv the City
Manager or his desi~ee and shall continue for a primary term of twelve (12) months, ending on
November 30, 2007. At the end of the primary term of this Contract, it may be renewed for a period
of twelve (12) months at the discretion of the City Manager. The duties and obligations of the City
to pay the Contractor any Payments earned prior to the termination of this Contract continue in full
force and effect regardless of the termination of this Contract by either party.
Section 6.02. Termination. Either party hereto may terminate this Contract with or without
cause at any time by giving thirty (30) days prior written notice to the other party of its intent to
tenninate this Contract.
ARTICLE VII.
MISCELLANEOUS PROVISIONS
Section 7.01. Inde_ndent Contractor. The relationship between the Contractor and the
City shall be that of an independent contractor.
Section 7.02. Bus.en Structure and AssillDments. The Contractor may not delegate or
aSllign any portion of this Contract without the prior written consent of the City. The Contractor
may assign any portion of its earned Payments hereunder; provided, however, prior to any
a.ignment thereof, the Contractor shall furnish reasonable proof of the assignment thereof by
providing to the City a written notice containing the following information: (i) the name, address
and telephone number of the Contractor with a clear reference to this Contract; (ii) the name, address
and telephone number of the assignee; and (iii) the identity of the earned Payments to be assigned
(such identity to be established by indicating the invoice number, task description and the amount of
said Payment associated therewith being assigned). If reasonable proof, as described above, is not
provided to the City, the City may continue to pay the Contractor.
SectioD 7.03. Subeentractiol!. The Contractor may subcontract any part of its duties and
oWigations to be performed hereunder only with the prior approval of the City to do so. All
subcontractors and their employees shall be treated as if they were employees of the Contractor,
except with regard to fees to be paid to said subcontractors.
_ "')e
.....
Section 7.04. Parties in Interest. This Contract shall not bestow any rights upon any third
parties, but rather, shall inure to the benefit of and bind the City and the Contractor only.
Section 7.05. Non-waiver. Failure of either party hereto to insist on the strict performance
of any of the agreements contained herein or to exercise any rights or remedies accruing hereunder
upon default or failure of performance shall not be considered a waiver of the right to insist on or to
enforce by any appropriate remedy and/or strict compliance with any other obligation hereunder or to
exercise any right or remedy occurring as a result of any future default or failure of performance.
Section 7.06. Applieable Laws. 1bis Contract shall be construed in accordance with, and
shall be subject to the laws of the State of Texas, any ordinances, resolutions, or other similar
enactments of the City of Corpus Christi, the laws of the UnIted States of America and all rules and
regulations of any regulatory body or officer having j urisdiction over matters which are the subject of
this Contract.
Section 7.07. Notices. All notices required or permitted under this Contract shall be in
writing and shall be deemed delivered when actually received or, if earlier, on the third day following
deposit in a United States Postal Services post office or receptacle with proper postage affixed
(cC!lrtified mail, return receipt requested) addressed to the respective other party at the address
prescribed in the introduction hereof or at such other address as the receiving party may have
theretofore indicated by written notice to the sending party.
Section 7.08. Force Maieure. In the event either party is rendered unable, wholly or in part,
by Force Majeure to perform under this Contract, it is agreed that, upon such party's giving notice
and full particulars of such Force Majeure in writing to the other party assoon as possible after the
oceurrence of the cause relied upon, the obligations of the party giving such notice, to the extent it is
affected by Force Majeure and to the extent that due diligence is being used to resume performance
at the earliest practicable time, shall be suspended during the continuance of any inability so caused
as to the extent provided, but for no longer period. Such cause shall as far as possible be remedied
with all reasonable dispatc h.
Section 7.09. Approvals: Amendments. Approval by the City, Project Manager or by any
otkr representative of the City, of any part of the services rendered by the Contractor under this
Contract other than in accordance with the terms and provisions of this Contract shall not be
construed to be a waiver of the Contractor's compliance with said terms and provisions or to
es1ablish a standard of performance other than required by this Contract or by law. The Project
Manager is not authorized to vary the terms and provisions of this Contract. The City Manager is
authorized to execute written amendments to this Agreement on behalf of the City.
Section 7.11. Remedies Cumulative. The rights and remedies contained in this Contract
shall not be exclusive, but shall be cumulative of all other rights and remedies, now or hereafter
existing, whether by statue, at law, or in equity; provided, however, that none of the parties to this
Contract shall terminate it except in accordance with the provisions hereof.
-6
Section 7.12. Rennsentations. The Contractor represents that it and its employees, agents
and subcontractors are fully competent and qualified to perform all the service required to be
performed under this Contract. The Contractor represents that it has experience in performing all of
the services to be performed hereunder and these services shall be of the highest professional quality.
Section 7.13. Personnel of Contractor. The Contractor shall replace any personnel
assigned to provide services under this Contract who shall have been deemed to be unsuitable by the
City.
Section 7.14. Multinle Counterparts. This Contract may be executed in multiple
counterparts, each of \\'hidl shall be regarded for all purposes as an original; and such counterpart
sJ:a11 constitute but one and the same instrument.
- ! ~
--
CONTRACTOR:
TRISTEM, LTD..
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BY:/Y~---___
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Tile: ('~.,.~ . ~
Date:LL~ /- ~u6. ______ '-,
CITY OF CORPUS CHRISTI
By:________
Gaorge K. Noe
City Manager
Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form: _L~~_~~_~i,_)1) c'l
By:t.-A V'- ,r4. -(.('-'
Lisa-Aguilar - ff ----
Assistant City Attorney
For City Attorney
-8
10
~.. .;.'-' ..'-=
CITY COUNCIL
AGENDA MEMORANDUM
November 14, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to extend the
maintenance agreement for 12 months with Vista Solutions Group, Inc. of Round Rock,
Texas in an amount not to exceed $26,208. Included in the maintenance agreement are
the VisiFlow applications utilized by the Municipal Court, Finance, and Engineering
Services Departments for electronic document archival and work flow routing.
ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure
that is stays compatible with other systems. Vista Solutions Group, Inc. provided a quote
for annual maintenance from August 1,2006 through July 31,2007 of the City of Corpus
Christi's VisiFlow applications. This vendor qualifies as sole source support as they are
the only vendor who maintains an interface between the Municipal Court Systems CSI and
VisiFlow
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures
over $25,000.
PREVIOUS COUNCIL ACTION: City Council authorized purchase of the VisiFlow
application in March of 1998. Council last authorized the maintenance and support
agreement renewal on 08/23/2005.
FUNDING:
Amount Budgeted
Source of Funds
$26.208
5210-40495-530230
CONCLUSION AND RECOMMENDATION:
staff recommends approval of the motion as presented.
e:o.El:~
Ogilvie F. Gericke
Director of MIS
Attachments:
Exhibit A -Invoice # 060802CC1
Exhibit B - Invoice # 060802CC2
Exhibit C - VISTA SG AGREEMENT FOR SOFTWARE & SERVICES
BACKGROUND INFORMATION
The Municipal Court received permission from the Texas State Library and Archives
Commission to store all Court data electronically. VisiFlow is the application that is used
to do this. Vista Solutions Group, Inc. maintains the application and they created an
interface between the VisiFlow database and the CSI program. This interface allows any
employee at the Municipal Court to have access to all data relating to a defendant at the
touch of a button rather than trying to gather data from a couple of different locations when
assisting a customer.
VisiFlow allows for the electronic routing of files and archival thereof. As a result of the
improved efficiency at the Municipal Court this application is now being deployed city wide.
Finance and Engineering Services already converted to VisiFlow and the Police
Department has implemented projects in two divisions. Maintenance fees for the
application have remained level since the last renewal.
..... ..,~.
ista
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.
Ice
Simplify Your Work..FLOW
Remit to:
Vi_ Solutions Group, Ine
PO Box 1400
Georgetown, Texas 78626
Phone: 512-686-1364
Fax: 512-869-6282
Date: August 2, 2006
Invoice # 060802CC1
BiHto:
City of Corpus Christi
120 N. Chaparral
2nd Floor
Corpus Christi, Texas 78401
AtIn: Lani Trotter
For: Annual VlSiFLOW Maintenance
Description Quantity Unit Price Amount
VisFLOWNisiFLOWcom, Full Text Search Software support
and maintenance for August 1, 2006 through July 31 2007 $8,408.00
City Finance Department
late fee of 2% per month will be added after 30 days.
Total $8,408.00
1-----.__
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Simplify Your Work..FLOW
Remit to:
VI_ Solutions Group, Inc
P.O. Box 937
Round Rock, Texas 78680-6937
Phone 512-267.1821
Fax 512-287-1892
Date: August 2, 2006
Involce# 060802CC2
Bill to:
City of Corpus Christi
120 N. Chaparral
2nd Floor
Corpus Christl, Texas 78401
Attn: Lani Trotter
For: Annual VislFLOW Maintenance
Description Quantity Unit Price Amount
VisIFLOW Software Support including FormsGen,lmport and TIFF
Conversion Software modules beginning August 1, 2006 through $17,800.00
July 31, 2007 for the City Municipal Court Projects
I
Lllte fee of 2% per month will be added after 30 days.
I
I
i
i
L Total $17,800.00
-
vaSTA SOLUTIONS GROUP I INC. AGREEMENT FOR SOFTWARE & SERVICES
This Master Agreement, effective as of August 1, 2006, is entered into by and between Vista
Solutions Group, Inc ("VistaSG") and The City of Corpus Christi (the "Customer") located at 120 N
Chaperral, Corpus Christi, Texas, 78401" VistaSG and Customer hereby agree as follows:
This -Agreement" consists of the General Terms and Conditions, those Attachments listed below
which are designated by Customer's initials (the "Attachments"), all schedules referenced herein or
therein, and all attachments attached hereto or thereto. All references to "Agreement" shall include
this signature page, the General Terms and Conditions and all such Attachments, schedules and
exhibits which are indicated below. All future orders from Customer or any of its Affiliates to VistaSG
shall be governed by the terms and conditions referenced herein, shall become effective upon
acceptance by an authorized VistaSG employee and shall upon acceptance be deemed part of this
A,greement.
Attachments
General Terms and Conditions
Software Support (Schedule A)
Professional Services Attachment
Customer's Initials
(Schedule B)
This Agreement constitutes the entire agreement between the parties on the subject hereof and
supel6edes all prior or contemporaneous agreements, negotiations, representations and proposals,
written or oral. This Agreement does not operate as an acceptance of any conflicting terms and
conditions and shall prevail over any conflicting provision of any purchase order or any other
Instrument of Customer. This Agreement may only be amended, modified, supplemented, or deviated
from by a writing executed by an authorized VistaSG employee and Customer. By executing this
Agreement, Customer acknowledges that it has reviewed the terms and conditions incorporated into
this Agreement and agrees to be legally bound by the same.
VISTA Solutions Group
By.
H. Jim Boyington, Jr
Title: President
City of Corpus Christi, Texas
By:
(Type or print name):
Title:
Date:
Date:
......,...,
Ge~1 Terms and Conditions
1 General. These General Terms and Conditions are intended to provide for terms that are
common to the Software Support Attachment, the Professional Services Attachment, and any
other attachments and schedules which incorporate these terms and conditions. Accordingly, in
the case of any conflict between the General Terms and Conditions and any Attachment or
schedule, the General Terms and Conditions shall control and govern, unless otherwise expressly
stated to the contrary
2. Warranty.
Software Warranty: The Customer has ordered Software and a Software License Attachment
has been executed. Exigen Group, as the developer of VisiFLOW, warrants that the Software and
media will perform substantially in accordance with documentation for a period of ninety (90) days
from the delivery of the Software and media to Customer. Neither Exigen nor VistaSG warrants
the Software to be error-free or operate without interruption. Customer's exclusive remedy for
breach of this warranty shall be to notify VistaSG of the problem, in which event VistaSG shall, as
authOrized contractor for Exigen, repair or replace the defective Software. Exigen, as developer of
VisiFLOW, will provide the replacement Software to remedy the breach of warranty.
Services Warranty: If the Customer has ordered Professional Services and the Professional
Services Attachment has been executed, VistaSG warrants that Services provided under this
Agreement will be performed in a professional and competent manner in conformance with industry
standards Customer must report in writing any deficiencies within thirty (30) days of performance
of the Services. For any breach of this Services Warranty, Customer's exclusive remedy and
VistaSG's sole liability shall be re-performance of the Services. If VistaSG is unable to re-perform
the Services, Customer shall be entitled to recover fees paid for the deficient Services.
3. DIsclaimer of Warranties. VISTASG MAKES NO OTHER REPRESENTATION OR WARRANTY
OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR
REQUIREMENTS OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES, SOFTWARE
OR ANY PORTION THEREOF
4. limitations of Liability. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH
SECTION 2, OR AS EXPRESSLY REQUIRED BY LAW AND NOT VALIDLY DISCLAIMED IN
THIS AGREEMENT, VISTASG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED
TO HAVE RESULTED FROM THE USE, OPERATION OR PERFORMANCE OF THE
SOFTWARE, THE MAINTENANCE SERVICES, THE PROFESSIONAL SERVICES, AND ANY
OTHER PRODUCTS OR SERVICES PROVIDED IN THIS AGREEMENT (COLLECTIVELY IN
THIS AGREEMENT, THE "PRODUCTS"), REGARDLESS OF THE FORM OF ACTION. IN NO
EVENT SHALL VIST ASG BE LIABLE TO CUSTOMER FOR (A) ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF VISTASG HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF, (B) ANY DAMAGES RESULTING FROM LATENT DEFECTS,
LOSS OF DATA OR PROFITS, OR (C) ANY ACTUAL DAMAGES (EXCEPT DAMAGES
RESULTING FROM GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT) IN EXCESS OF
THE FEES PAID BY CUSTOMER UNDER THE RELEVANT ORDER AND IF SUCH DAMAGES
RESULT FROM CUSTOMER'S USE OF THE SOFTWARE OR THE PROVISION OF SERVICES,
SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT SOFTWARE OR
SERVICES GIVING RISE TO THE LIABILITY
CUSTOMER AGREES THAT NO REPRESENTATION, WARRANTY, PROMISE OR AGREEMENT
Of ANY VISTASG REPRESENTATIVE SHALL BE BINDING ON VISTASG UNLESS IT IS
EXPRESSLY INCLUDED IN THIS AGREEMENT. EACH PARTY AGREES THAT THE
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS IN THIS AGREEMENT ARE
MATERIAL BARGAINED FOR BASES AND WERE CONSIDERED PRIOR TO ENTERING INTO
THIS AGREEMENT. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS
BETWEEN VISTASG AND CUSTOMER. VISTASG'S PRICING REFLECTS THIS ALLOCATION
OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.
The DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY set forth above produce
specific legal rights. Customer may have other rights which vary from state to state. Some states
have laws which require warranty and liability rights different from those set forth in this
Agreement
5. P.yment Terms. Unless otherwise expressly set forth in an Attachment executed by both parties,
all amounts shall be paid within thirty (30) days of receipt of invoice. VistaSG may charge interest
on overdue accounts and any other fees and expenses not paid as provided hereunder at the rate
of three PERCENT (3%) per month or maximum allowed under Texas law, whichever is less,
commencing with the date payment was due.
6. r.rmination. Notwithstanding any other term or condition of this Agreement, VistaSG shall have
the right to terminate this Agreement upon the occurrence of any of the following events, and any
such events are not remedied to the reasonable satisfaction of VistaSG within twenty (20) days
after VistaSG has sent written notice to Customer thereof: (A) Customer fails to perform or
observe any of its obligations to VistaSG under this Agreement, including, but not limited to, the
timely payment of any sums due VistaSG, (B) Customer admits in writing its inability to pay its
debts generally as they become due, or executes an assignment or similar document for the
benefit of creditors, (C) the appointment of a receiver, trustee in bankruptcy or similar officer for
the equity or assets of Customer, and (D) there is an assignment of this Agreement without the
prior written consent of VistaSG; (E) Customer informs VistaSG of its intent not to comply with the
terms of this Agreement
7, CCNlfide ntia I Information. Certain information, product development plans, methods, techniques,
drawings, processes, or portions thereof supplied by one party (the "Disclosing Party") are trade
secrets and Confidential Information ("Confidential Information") of the Disclosing Party. The
Software and the documentation thereof, is the Confidential Information of VistaSG or its suppliers
and are furnished solely to assist Customer in the use of the Software. Confidential Information
includes any non-public Information that is of value to the Disclosing Party or is otherwise treated
as confidential and which is disclosed to the other party (the "Receiving Party"). The Receiving
Party agrees to hold the Confidential Information disclosed by the Disclosing Party in strictest
confidence and not to, dIrectly or indirectly, copy, distribute, or otherwise disclose the Confidential
Information to any third party. The Receiving Party shall not utilize the Confidential Information for
any purpose whatsoever other than as expressly contemplated by this Agreement or any
Attachment. This obligation shall continue for the term of the applicable Attachment and for a
period of three years thereafter or such longer period of time as permitted by law. Because of the
unique and proprietary nature of Confidential Information, the Receiving Party acknowledges that
use or disclosure of Confidential Information would cause irreparable harm to the Disclosing Party.
ACCOrdingly, the parties agree that in such an event, any remedies at law for a breach will be
Inadequate and therefore, the Disclosing Party shall be entitled to seek equitable relief to protect
its interests, as well as money damages. Both parties recognize that disclosure of information
may be required under Texas Public Information Act, Chapter 552, Texas Government Code, as
amended
-
8. Rlscellaneous.
· CUstomer may not assign any of its rights or obligations hereunder except with VistaSG's prior
written consent, and any attempted assignment shall be void. This Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their respective successors and
permitted assigns
· Any Services acquired by Customer from VistaSG are deemed to have been procured in
accordance with Texas law separately from any Software licenses granted under this Agreement,
with Customer having the right to acquire such Services and Software licenses without acquiring
the other
· AU rights and remedies of the parties hereto are separate and cumulative. The waiver or failure of
either party to exercise In any respect any right or remedy provided herein shall not be deemed a
waiver of any further right or remedy hereunder.
· Except for the obligation to make payments, nonperformance of either party shall be excused to
the extent that performance is rendered impossible by strike, fire, flood, governmental acts or
orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond
the control and not caused by the negligence of the nonperforming party.
.
· This Agreement shall be subject to, governed by, and construed in accordance with the laws of
the state of Texas without regard to its rules governing conflicts of law and without regard to the
United Nations Convention on Contracts for the International Sale of Goods. Venue for any action
under this Agreement shall be in the Courts of Nueces County, Texas.
· Notices hereunder shall be sent to the addressees on the face of this Agreement, or to such other
addresses as specified by a notice complying herewith, and shall be deemed received upon actual
receipt (or independent confirmation thereof).
· Headings contained in this Agreement are for convenience only and are not part of this Agreement
and do not in any way interpret. limit or amplify the scope, extent or intent of this Agreement or
any of the provisions hereof
.
Sc~uIe A
S~.. Support Attachment
This Software Support Attachment (hereinafter "Support Attachment") between VistaSG and
Cllstomer is an addendum to the Master Agreement between VistaSG and Customer. Customer
aGrees to the following terms and conditions which are incorporated in and made part of the
Mester Agreement. The parties acknowledge that the General Terms and Conditions contain
provisions that govern the entire relationship between the parties. Accordingly, in the event of any
conflict between the General Terms and Conditions and this Support Attachment, the General
Terms and Conditions shall control and govern
VistaSG agrees to provide to Customer the "Support Services" described below for the software for
which software support services are elected (the "Covered Software"), in accordance with the
following terms and conditions:
1, smtware Support Services.
A. Hours of Service Availability. Payment of the standard Support Fees (as defined in
Section 5.A) entitles Customer to Support Services during the Principal Period of
Maintenance (PPM). PPM is 10 hours a day, five days a week while this Support
Attachment is in effect. The hours of immediate availablility are from 7am CST to 5 pm
CST
B. Scope of Service. VistaSG will provide Support Services during the PPM as long as
the Covered Software is at the current or the next most current revision level and
operated in accordance with VistaSG's published specifications. Support Services are
(1) telephone support to help resolve software failures during the PPM; resolution may
be delivered as a Software Maintenance Update (SMU), software bug fix module or
workarounds; (2) commercially reasonable efforts to report and test fixes to defects in
the Covered Software that materially and adversely affect the efficiency or use of the
Covered Software as described in VistaSG's written specifications; software program
fixes will be provided for the current release only; and (3) delivery and installation of all
software revisions provided by vendors that VistaSG deems necessary with respect to
the Covered Software; and VistaSG will use its reasonable efforts to render Support
Services within a reasonable time.
C. Upgrades to Covered Software. During the PPM, VistaSG agrees to deliver to
Customer without charge any upgrades containing error corrections or enhancements
of the Covered Software ("Upgrades"). VistaSG may also offer to Customer new
versions of the Covered Software which contain additional functionality, subject to an
additional license fee. Support Services do include installation or implementation of
any Upgrades This would not include installation and training for newly purchased
modules
D. Service Limitations. Support Services are contingent upon the proper use of the
Covered Software in accordance with VistaSG's published specifications and do not
include any of the following, in the sole discretion or determination of VistaSG: (1)
service on Covered Software installed in unsafe or hazardous environments; (2) service
required by accident, neglect, alterations, improper use, or misuse of the Covered
Software, or as necessitated by service or modifications attempted by non-VistaSG
personnel; (3\, service to a version other than the current or the next most current
version of the Covered Software; (4) efforts to restore the software version and/or data
beyond the most recent back-up; (5) service related to software (or components
thereof) other than the Covered Software; (6) service related to unqualified products,
either hardware or software, that are attached or installed in or to the Covered Software
that have not been previously approved by VistaSG; (7) service due to problems that
are not directly caused by, or the direct result of the Covered Software, including failure
of hardware or failure of Customer's operating system; or (8) service due to problems
attributable to third party hardware and/or software.
E Notwithstanding anything to the contrary contained in this Support Attachment, during
the PPM, VistaSG shall use commercially reasonable efforts to respond to problems in
accordance with the "Priority Codes" set forth below. The Priority Codes below depict
the priority level to be assigned by VistaSG to each issue or problem phoned in by
Customer
"A Prioritv" - A Software error renders the Software inoperable. Resources assigned
within two (2) hours after notice during PPM.
"B Prioritv" A Software error is detected for a system module which seriously impairs
system operations, but does not render it inoperable. Resources assigned within four
(4) hours after notice during PPM.
"e Prioritv" - Minor problems which VistaSG does not plan to address in a future
software release, to be generally resolved during PPM within 30 days.
"0 Prioritv" - Minor problems which VistaSG plans, or will plan to incorporate into a
future software release, to be resolved in connection with the general commercial
availability of such future software release.
2. Customer's Responsibilities. Customer shall provide reasonable assistance to VistaSG in the
performance of Support Services, including without limitation, providing VistaSG copies of all data
and other files reasonably required to verify, reproduce, diagnose and resolve reported problems.
Customer is responsible for maintenance and installation of any common carrier equipment or
communication services related to or used by the Covered Software and not furnished by VistaSG,
including without limitation the capibilty for VistaSG to use Microsoft Live-Meeting for remote
access. Customer is responsible for charges incurred for communication facilities from
Customer's facilities, whether incurred by Customer or by VistaSG's service representatives while
performing service on the Covered Software. Customer is responsible for performing all system
software backups and restoration of data. Customer is responsible for upgrading Customer's
operating environment in the event that failure to do so affects the performance of the Software.
Customer shall notify VlstaSG of any Covered Software failure and shall allow VistaSG full and
free access to the Covered Software for performing Support Services. Customer agrees that
VistaSG shall have all rights and licenses of third parties necessary or appropriate for VistaSG to
access the hardware and third party software in the performance of the Support Services.
VistaSG shall not be responsible for loss of use arising from Customer's failure to fulfil its
obligations under this Section
3. _.rations, Additions or Modifications. VistaSG will not be responsible to Customer for loss of
use of the Covered Software or for any other liabilities arising from alterations, additions or
modifications which are made to the Covered Software by other than authorized service
representatives of VistaSG. If in the opinion of VistaSG, any such alteration, addition or
modification adversely affects VistaSG's ability to render Support Services, VistaSG reserves the
right to terminate this Support Attachment immediately upon written notice to Customer.
4 Term and Applicability to Other Attachments with VistaSG If this Support Attachment first goes
into effect at any time other than its initial purchase, the initial term shall commence on the date of
1]
signing of this Support Attachment. The term of service for upgrades and other software added as
Covered Software shall be coterminous with the term of service applicable to the Covered
Software initially covered
After the initial term, Support Services shall be automatically renewed for successive one (1) year
periods unless either party notifies the other on or before ninety (90) days prior to the end of the
then existing term.
S Support Fees
A Definition. "Support Fees" are the total annual charges designated as such on
Schedule A during the initial term. Support Fees cover Support Services performed at
VistaSG's facilities. Expenses for onsite maintenance will be billed separately from
annual fees. After the initial term and upon forty-five (45) days written notice, VistaSG
may increase the Support Fees by 3% or to its standard support fees then in effect If
Customer does not terminate service, the new Support Fees shall become effective on
the date specified in the notice.
S Invoices. Support Fees shall first come due upon the commencement of the initial term
as provided In Section 4 above. Support Fees for renewal terms shall be payable
annually in U.S. Dollars, in advance on or before the anniversary of the Software
Support Agreement of each year. One-time charges will be invoiced by VistaSG as
incurred. Partial year invoicing will be prorated on the basis of twelve thirty-day (30-
day) months. Customer shall pay each Support Fee and all other invoice charges in full
within thirty (30) days of the applicable invoice date.
C Default. Customer shall be deemed to have defaulted in payment if it has not paid
VistaSG all amounts due within thirty (30) days after receipt of each applicable invoice.
Customer's failure to pay any charges when due shall also constitute sufficient cause
for VistaSG to suspend or terminate Support Services under this Agreement.
Sch_. B
~nal Services Attachment
This Professional Services Attachment, between VistaSG and Customer is an addendum to the
Mester Agreement between VistaSG and Customer Customer agrees to the following terms and
conditions which are incorporated in and made a part of the Master Agreement. The parties
acknowledge that the General Terms and Conditions contain provisions that govern the entire
relationship between the parties. Accordingly, in the event of any conflict between the General
Terms and Conditions and this Services Attachment, the General Terms and Conditions shall
control and govern
1. Services
A. Prior to commencing any Services, the Customer and VistaSG must agree to and execute a
Statement of Work. Each time Customer desires to engage VistaSG to provide additional
Professional Services to Customer, the parties will enter into another mutually agreed upon
Statement of Work which is incorporated into the initial Statement of Work. The Statement of
Work (as amended or supplemented from time to time) will at a minimum: (i) describe the
specific Professional Services that VistaSG is to provide to Customer under that engagement,
(ii) set forth the fees that Customer agrees to pay for those Professional Services and the
manner in which Customer agrees to pay those fees, (iii) set forth the time frame for
performance of those Professional Services, and (iv) incorporate by reference the terms and
conditions of this Services Attachment (which terms and conditions are hereby deemed
Incorporated notwithstanding the parties' failure to do so).
B. Hours of Service: The VistaSG consultant will perform Professional Services during the hours
of 9:00 am and 5:00 pm., local time, Monday through Friday, excluding VistaSG holidays, or at
such other hours as the parties may mutually agree to. This represents a different Hours of
Service than the Hours of immediate assistance provided by the VistaSG Help Desk.
C. Should an VistaSG consultant be unable to perform the Professional Services under this
Services Attachment because of illness, resignation or other causes beyond VistaSG's control,
VistaSG will attempt to replace such consultant within a reasonable time, but VistaSG shall not
be liable for failure to replace such consultant within the schedule.
D. Customer shall furnish VistaSG, at Customer's expense, all technical data and information as
may be determined by VistaSG to be necessary for the performance of the Professional
Services. Customer shall grant VistaSG access to any software or hardware at such times and
as so configured as may be required for the adequate performance of the Professional
Services. Customer agrees that VistaSG shall have all rights and licenses of third parties
necessary or appropriate for VistaSG to access any hardware and software in the performance
of the Professional Services Customer agrees that any hardware or software that the
customer uses can also be used by VistaSG at customers expense.
2. Charges. Customer agrees to pay fees for the Services as provided on the Statement of Work.
The Services are provided on a time and materials basis meaning that Customer shall pay
VistaSG for all time spent performing the Services, plus materials, taxes and reasonable
expenses. Any estimate related to the Services are intended to be an estimate for budgetary and
scheduling purposes only and does include reasonable expenses or taxes. However, Customer is
not obligated to pay fees in excess of estimate stated in Statement of Work, without prior written
.'j
approval of Customer Director of Municipal Information Services. Fixed bid services are exempt
from the above terms. All charges and rates are exclusive of all sales, use and like taxes.
Such taxes are the responsibility of Customer and, if incurred by VistaSG on Customer's behalf,
will be billed to Customer as a separate line item on each invoice.
3. Control and Supervision. It is the express intention of the parties that VistaSG (including, but not
limited to, its employees and representatives) is an independent contractor and not an employee,
agent. or partner of Customer. Nothing in this Agreement shall be interpreted as creating the
relationship of employer and employee between VistaSG and Customer.
4. Ownership of Work Product. VistaSG shall retain all copyrights, patent rights and other
intellectual property rights to all material created for Customer under this Services Attachment.
including, but not limited to, software and documentation (collectively referred to as "Work
Product"). VistaSG, subject to the payment by Customer of all charges related to the Professional
Services, grants to Customer a personal, non-exclusive, non-transferable and royalty free license
to use such Work Product furnished to Customer by VistaSG under this Services Attachment. All
other software and related documentation furnished to Customer by VistaSG shall be subject to
the Agreement. Except and to the extent expressly provided in this Paragraph, no license or other
right is hereby transferred or granted to Customer, including any license by implication, estoppel or
otherwise, under any patent, trade secret, trademark, copyright or other intellectual property right.
5. VistaSG Personnel. The parties recognize that VistaSG (and its employees and representatives)
may perform services similar to the Professional Services from time to time for other parties.
Accordingly, nothing in this Services Attachment (or the Agreement) shall prevent VistaSG from
performing such similar services or restrict VistaSG's use of the same employee(s) and
representative(s) provided to Customer. VistaSG reserves the sole right to determine each
assignment of VistaSG personnel under this Agreement or otherwise. Customer acknowledges
and agrees that VistaSG employees are a valuable asset and difficult to replace. Accordingly,
Customer agrees that, for a period of one year after the completion of the Services, it will not offer
employment to any VistaSG employee involved in the provision of the Services.
6. Term. ThiS Services Attachment shall become effective on the date of acceptance by VistaSG and
shall remain In force until terminated with thirty (30) days prior written notice. Completion of any
Services. any ordered Services or the absence of orders for Services shall not terminate this
Services Attachment, it being the intent of the parties to keep this Services Attachment in effect in
the event of future orders for Services.
(.1
......... -.--
11
.~."..,"-,.
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14,2006
AGENOA ITEMS:
(A) Ordinance authorizing the City Manager, or his designee, to execute a short-term lease agreement, not to
exceed one (1) year, with Chet Rasberry in consideration of lessee's making improvements to the leased
structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, subject to scheduled
increa_, to operate a helicopter maintenance facility and helicopter charter operations on 91,250 square feet of
land and improvements located at Corpus Christi International Airport; and declaring an emergency.
(B) Ordinance authorizing the City Manager, or his designee, to execute a twenty (20) year lease agreement with
Chet Resberry in consideration of lessee's making improvements to the leased structures of a minimum value of
$50,000 and an annual rental fee of $0.17 per square foot, subject to scheduled increases, to operate a helicopter
maintel"lance facility and helicopter charter operations on 91,250 square feet of land and improvements located at
Corpus Christi International Airport; providing for publication.
ISSUE:
Staff has undertaken various business development initiatives to diversify and increase revenue
sources for Airport operations One of the initiatives has been to encourage new tenants to locate on
Airport property. Staff has negotiated a lease agreement with Chet Rasberry for the location of a
helicopter repair facility and related services at Corpus Christi International Airport.
REQUIRED COUNCIL ACTION:
Council approval is required on all Ordinances and lease agreements.
PREVIOUS COUNCIL ACTION:
No previous action has been taken
FUNDItIG:
None
CONCt..USION AND RECOMMENDATION:
Staff recommends approval of the ordinances as presented.
&~ --f.(..---J-. / /. '<1-- 0 ,
Director of Aviation
Attachments:
None
BACKGROUND INFORMATION
Airport Staff has negotiated a lease with Mr. Chet Rasberry for location of a helicopter repair facility and
charter services at Corpus Christi International Airport. The agreement is for the "old" Air Logistics
building and land that has been vacant for 10 years. The lease agreement requires an annual payment
of $15,512 for Years 1 through 3 of the lease based on $.17 per square foot with rate increases in
subsequent years up to a maximum of $.30 per square foot in Years 19 & 20 of the agreement. The
payment is based on 91,250 square feet of land area. In addition, Mr. Rasberry will fund approximately
$50,000 in improvements to the building within 120 days of the effective date of the lease.
Improvements include a new HVAC system and roof improvements.
Mr.. Ra8berry IS relocating operations from California where he has owned and operated Aviation
International Rotors Inc. The firm primarily specializes in mechanical overhauls and painting services
for helicopters and helicopter components. Mr. Rasberry also plans on providing demand helicopter
charter services
As a result of an accelerated construction tlmeline, a short-term as well as long-term lease is required
to allow work immediately after Council approval of lease.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A SHORT TERM LEASE AGREEMENT, NOT TO EXCEED
ONE (1) YEAR, WITH CHET RASBERRY, IN CONSIDERATION OF
LESSEE'S MAKING IMPROVEMENTS TO THE LEASED
STRUCTURES OF A MINIMUM VALUE OF $50,000 AND AN ANNUAL
RENTAL FEE OF $0.17 PER SQUARE FOOT, TO OPERATE A
HELICOPTER MAINTENANCE FACILITY AND HELICOPTER
CHARTER OPERATION ON 91,250 SQUARE FEET OF LAND AND
IMPROVEMENTS LOCATED AT CORPUS CHRISTI INTERNATIONAL
AIRPORT; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi and Chet Rasberry desire to enter into a written
lease for approximately 91, 250 square feet of land which includes building and hangar
improvements and vehicle parking areas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a short-term
lease agreement, not to exceed one (1) year, with Chet Rasberry in consideration of
leSlee's making improvements to the leased structures of a minimum value of $50,000
and an annual rental fee of $0.17 per square foot, to operate a helicopter maintenance
facility and helicopter charter operation on 91,250 square feet of land and improvements
located at Corpus Christi International Airport. The Lease Agreement shall be in
substantially the same format and content as attached in Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
.-..~
Armando Chapa
City Secretary
APPROVED AT TO FORM: November
~~lv'-
Assistant City Attorney
F or City Attorney
Henry Garrett
Mayor
~_, 2006
~
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
\loting upon ordinances at two regular meetings: Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Broot Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A TWENTY (20) YEAR LEASE AGREEMENT WITH CHET RASBERRY, IN
CONSIDERATION OF LESSEE'S MAKING IMPROVEMENTS TO THE
LEASED STRUCTURES OF A MINIMUM VALUE OF $50,000 AND AN
ANNUAL RENTAL FEE OF $0.17 PER SQUARE FOOT, SUBJECT TO
SCHEDULED INCREASES, TO OPERATE A HELICOPTER
MAINTENANCE FACILITY AND HELICOPTER CHARTER OPERATION
ON 91,250 SQUARE FEET OF LAND AND IMPROVEMENTS LOCATED
AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the City of Corpus Christi and Chet Rasberry desire to enter into a written
lease for approximately 91, 250 square feet of land which includes building and hangar
improvements and vehicle parking areas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a twenty (20)
year lease agreement with Chet Rasberry, in consideration of Lessee's making
Improvements to the leased structures of a minimum value of $50,000 and an annual rental
fee of $0.17 per square foot, subject to scheduled increases, to operate a helicopter
maintenance facility and helicopter charter operation on 91,250 square feet of land and
Improvements located at Corpus Christi International Airport. The Lease Agreement shall
be in substantially the same format and content as attached in Exhibit "A".
SECTION 2. Publication will be made in the official publication ofthe City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
That the foregoing ordinance was read for the first time and passed to its second reading
on this the __ day of ____, 2006, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
That the foregoing ordinance was read for the second time and passed finally on this the
__ day of ,2006, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
APPROVED AND PASSED on this ____ day of
,2006
AnEST:
Armando Chapa, City Secretary Henry Garrett, Mayor
APPROVED AS TO FORM: November ~, 2006
BY:~~
Assistant City Attorney
For City Attorney
liilIlI!IJl'"- .';'-
12
<"'IlIIfIIl"'o"'<...........
CITY COUNCIL
AGENDA MEMORANDUM
November 14, 2006
AGENDA ITEM: Ordinance amending Ordinance No. 027017 ordering a general election to be
held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council
Members to include an election for the continuation of the Crime Control and Prevention District
and sales tax for 10 years
ISSUE: Whether Ordinance 027017 calling the regular City election should be amended to
include calling a special election for the continuation of the Crime Control and Prevention
District and sales tax.
RIQUIRED COUNCIL ACTION: Adoption of proposed ordinance.
PFEVlOUS COUNCIL ACTIONS: N/A.
FUNDING: N/A.
RICOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed
amendment.
(d>~s.~
Armando Chapa
City Secretary
BACKGROUND INFORMATION
Ordinance 027017 called Saturday, April 14, 2007, as the general election date for Mayor and
Council Members. The Crime Control and Prevention District Board has called a referendum to
determine whether the District and tax supporting the Crime Control and Prevention District
should be continued for 10 years The District and tax may be continued if it is approved by a
majority of qualified voters in an election called for that purpose.
The election continuing the Crime Control and Prevention District and sales tax may be held on
the same date as the general election for the City. In order to accomplish holding the Crime
Control and Prevention District election with the regular election, Ordinance 027017 should be
amended to call the election.
Page 1 of 3
AN ORDINANCE
AMENDING ORDINANCE 027017 ORDERING A GENERAL ELECTION
TO BE HELD ON APRIL 14, 2007, IN THE CITY OF CORPUS CHRISTI
FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS
TO INCLUDE AN ELECTION FOR THE CONTINUATION OF THE
CRIME CONTROL AND PREVENTION DISTRICT AND SALES TAX
FOR 10 YEARS
WHEREAS, the City Council, by Ordinance 020717 ordered a general election to be
held on April 14, 2007, making necessary provisions for holding said election;
WHEREAS, the Corpus Christi Crime Control and Prevention District was created by
successful referendum on November 4, 1997, and continued by successful referendum
on November 5,2002;
WHEREAS, Texas Local Government Code, Section 363.251, provides that the Crime
Control and Prevention District Board may call a continuation referendum not earlier
than the third anniversary of the date of the most recent continuation election, and
Section 363.2515, proVides that the Board may specify the number of years for which a
district and sales tax should be continued;
WHEREAS, the Corpus Christi Crime Control and Prevention District Board has called
a continuation referendum for April 14, 2007. and
WHEREAS, the public IS served by holding the Crime Control and Prevention District
election jointly with the City's general election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SICTION 1. Section 1 of Ordinance 027017 is amended to read as follows:
SECTION 1. A regular City election (hereinafter "the Election") for a
Mayor and eight Council Members and an election for the continuation of
the Corpus Christi Crime Control and Prevention District and the crime
control and prevention district sales tax for a period of 10 years shall be
held in the City of Corpus Christi, Texas on the second Saturday in April,
2007 (April 14).
seCTION 2. Section 3 of Ordinance 020717 is amended to read as follows:
SECTION 3. The names of candidates for the office of Mayor and the
names of candidates for the office of the City Council members shall be
placed on said ballot in the manner and form prescribed by law.
C :\DOCU ME-1 \user. OOO\LOCAl. 8-1 \ T emp\CCPDSpecialElection2007 .1.doc
Page 2 of 3
At the Election. the voters shall be presented with the followina proposition
(in Enalish and Spanish) in the form prescribed bv the Texas Election
Code:
Ballot Lanauaae:
PROPOSITION NO.1
FOR
AGAINST
WHETHER THE CORPUS CHRISTI CRIME CONTROL
AND PREVENTION DISTRICT SHOULD BE CONTINUED
FOR 10 YEARS AND THE CRIME CONTROL AND
PREVENTION DISTRICT SALES TAX SHOULD BE
CONTINUED FOR 10 YEARS.
C:\DOCUME-1 \user.OOO\LOCALS-1 \Temp\CCPDSpeciaIElection2007 .1.doc
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _ day of_, 2006, by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
BiD Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the ___ day of___ _______, 2006 by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
BiD Kelly
PASSED AND APPROVED, this the__ day of
,2006.
ATTEST.
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: November 8, 2006.
Gary W. Smith
ASlSistant City Attorney
for City Attorney
C:\DOCU ME-1 \user,OOO\LOCALS-1 \ Temp\CCPDSpecialElection2007 .1.doc
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14,2006
SUBJECT: CCIA Terminal Chiller Replacement - Project NO.1 0008
A8ENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract in
the amount of $703,900 with Malek, Inc. of Corpus Christi, Texas for the Corpus Christi
International Airport Terminal Chiller Replacement 2006 project.
ISSUE:
The current chillers are legacy gas absorption chillers that failed in May 2006 and must be
reJ)laced
FUNDING:
Funding for this project is available from the Airport Capital Fund.
CONCLUSION AND RECOMMENDATION:
Approval of the motion is recommended as presented.
,.
~~~,.
\1JfZDave Hamrick
. Director of Aviation
I--
II
~
, ngel R. Escobar, P. E.,
Director of Engineering Services
Attachments:
Exhibit "A" Background
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
H .\HOME\KEVINS\GEN\AIR_restored\ChillerReplacement2006\AwdMemo, DOC
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
The current system at the airport is unreliable and needs to be replaced. The current units
art two 450 ton gas absorption chillers that were retained from the old terminal building.
These legacy systems have been subject to frequent failures. It has been difficult to obtain
parts and service for the units. The current chillers are not currently operating. The Airport
IS presently leasing two 200 ton chillers to supply air conditioning.
Bath Engineering was administratively hired to conduct an assessment of the current
chillers and replacement alternatives. During the course of the study, Bath Engineering
determined the airport electrical system could support the load of the two leased electric
chillers. They designed a reusable electrical connection for the two temporary chillers.
This allowed the airport eliminate the two leased diesel generators that had been providing
power for the chillers.
The assessment determined that installation of two 250 ton electrical centrifugal chillers
was the optimal solution. Replacement of the chilled water pumps with a two loop system
consisting of a constant flow primary loop and variable flow secondary loop was also
recommended. Calculations indicate that the recommendations would reduce the airport's
electrical costs by $35,000 to $50,000 per year while improving system reliability and
reducing maintenance costs. The system is designed to permit the installation of a third
chiller at such time as terminal expansion requires the additional capacity.
BIDS:
The bid was structured as a base bid with an additive alternate. The base bid consists of
mechanical and electrical demolition to remove the existing gas fired absorption chillers,
chilled water pumps, condenser water pumps, and installation of:
· Two (2) new 250 centrifugal chillers;
· New primary chilled water pumps;
· New secondary chilled water pumps;
· New condenser water pumps;
· New controls to operate the central plant; and
· All mechanical, electrical and structural work to complete the installation.
The additive alternate provides for a temporary chiller with a minimum of 400 tons of
capacity for the duration of construction.
Bids from seven bidders were publicly opened Wednesday, November 1,2006. Three
bids were determined to be irregular due to a failure to acknowledge the addenda. Those
not acknowledging the addenda were Miller & Miller, Robstown, Texas, Victoria Air
Conditioning, Victoria, Texas and Carrier Commercial Services, Corpus Christi, Texas.
The irregularities did not affect apparent low bid.
,,\HOME\KEV I NS\GE N\A I R _restored\C h illerReplacement2006\AwdBkgExhA. doc
EXHIBIT A
Page 1 of 2
Base bids ranged between $624,900.00 and $1,088,516.00. Additive alternate bids
ranged from $37,288.00 to $198,000.00. The total low bid (base bid and additive alternate)
was submitted by Malek, Inc. in the amount of $703,900.00
RECOMMENDATION:
Consultant and Aviation Department recommend the award of the Base Bid and Additive
Alternate No 1 to Malek, Inc. of Corpus Christi in the amount of $703,900.00.
PRIOR COUNCIL ACTIONS:
s.,ptember 12. 2006 - Motion authorizing the City Manager, or his designee, to execute an
engineering contract in the amount of $60,000 with Bath Engineering, Inc. of Corpus
Christi , Texas for the development plans, specifications, bid and contract documents for
(M2006-297)
PRIOR ADMINISTRATIVE ACTIONS:
Jutv 7. 2006 - Administrative award of an engineering contract in the amount of $24,405.00
to Bath Engineering, Inc. of Corpus Christi Texas for the Corpus Christi International
Airport Terminal Chiller Replacement - Preliminary Study.
September 20.2006 - Administrative award of an asbestos survey contract in the amount
of $642.00 to All Points Environemental of Corpus Christi, Texas for the Corpus Christi
International Airport Terminal Chiller Replacement project.
FUNDING:
Funding is available from Airport Capital Funds.
BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and
recommended its approval.
rl'\HOME\KEVI NS\GEN\AI R_restored\Ch illerReplacement2006\AwdBkgExhA.doc
EXHIBIT A
Page 2 of 2
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Cerous Christi, Texas for the Corpus Christi International Airport Terminal Chiller
Replacement 2006
Preliminary Project Budget
November 14, 2006
EjNDS AVAILABLE:
Airport Capital 2000A CIP Fund
T ota I.
$ 553,644.74
$10,822,185.30
FUNDS REQUIRED:
Construction Contract .
Project Contingency (8.0%).
QA/QC Testing Contract..
Engineering Design.
SurveYing. . .
Geotechnical Investigation .
Construction Inspection ....
Survey , . .. . , .. ..
Engineering Project liaison.. ..
Incidental Expenses (Printing, Advertising, etc.)
TOTAL.. n ........... '"...... '..... h.., ......... '........... ...............
$ 703,800.00
$ 56,300.00
$ -0-
$ 60,000.00
$ -0-
$ -0-
$ 14,000.00
-0-
$ 8,000.00
$ 12.000.00
$ 854,100.00
EXHIBIT "C"
Page 1 of 1
H. \HOME\KEVI NS\GEN\A I R _ restored\ChillerReplacement2006\AwdBudgetExhC, doc
lie ,Mproject ,COul1Cilex!'Jlblts \exh 7 J008.dwg
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rc:ic County
C~i~~
(\JECES BAY
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i lit
B
_---1- .wt 44
\JEeT LOCATION
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
CESAR CHAVEZ BL VD.
~
\J
CITY
CT No. 10008
II
~
NOT TO SCALE
HWY 44
AGNES RD.
JO)
SITE LAYOUT
NOT TO SCALE
CORPUS
CHRISTi
BAY
AIRPORT ENTRANCE
PUBLIC PARKING
AIRPORT TERMINAL
EXHIBIT -D-
CORPIIS CHRISTIINTERNA TIONAL AIRPORT
TMlfINAL CHILLER REPLACEMENT
CITY COUNCIL EXHIBrr
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 11-08-2006
I
- -
- -
- --
14
AGENDA MEMORANDUM
City Council Action Date: November 14, 2006
AfENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a Construction Contract to
ReM Constructors, Inc. of Corpus Christi, Texas in the amount of $249,000 for the
Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment Fiscal Year 2006-
2007 for the Base Bid and Additive Alternates NO.1 & 2.
~ The Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment
project is a yearly program that provides for the correction of variances in manhole rings
and covers to improve the surface quality on selected arterial streets.
BfNDING: Funds are available for this project through the FY 06-07 Capital Improvement
Program budget.
gfNCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented
~~~-J'C(,
Foster Crowell
Director of Wastewater
f
~o'fat fE', --11/9/#
Oitector of Engineering Services
ter Services
~i'onal SUDDort Material:
Elilibit "A" Background Information
Eldlibit "B" Project Budget
Eldlibit "C" Bid Tab
Exhibit "0" Location Map
H:\HlIlMEIl YNDASIGENlWastewaterI7365. Manhole Adiustments FY 06 . 07\Merno.OOc;
BACKGROUND INFORMATION
IDIBJECT: Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment
FY 2006-2007 (Project No. 7365)
PfIOJECT BACKGROUND: This project is part of a yearly program to address street
pavement and manhole discrepancies and improve the surface ride quality of selected
arterial and collector streets through manhole ring and cover adjustment.
PIlOJ.ECT DESCRIPTION: Work for this project includes:
· removal of the existing manhole frame/rings and covers,
· installation of new manhole frame/rings and covers, and
· removal and replacement of pavement and pavement repairs to correctly adjust the
pavement elevation and cross slopes to improve street drive-ability and quality.
The project consists of a base bid with two parts and two additive alternates:
B.e Bid Part A: Consist of a Base Bid quantity of seventy (70) Sanitary Sewer Manhole
RiAg and Cover Adjustments using new manhole ring and cover assembly with new height
adjustment rings and new stainless steel inflow inhibitor and concrete collar.
B_e Bid Part B: Consists of a Base Bid quantity of seventy (70) Storm Water Manhole
Ring and Cover Adjustments using new manhole ring and cover assembly with new height
adjustment rings and concrete collar, all in accordance with the plans, specifications, and
contract documents.
~itlve Alternate No.1: Consist of an additional quantity of ten (10) Sanitary Sewer
Manhole Ring and Cover Adjustments using new manhole ring and cover assembly with
new height adjustment rings and new stainless steel inflow inhibitor and concrete collar.
A_itive Alternate No.2: Consist of an additional quantity of ten (10) Storm Water
Manhole Ring and Cover Adjustments using new manhole ring and cover assembly with
new height adjustment rings and new stainless steel inflow inhibitor and concrete collar.
g INFORMATION: Bids were received on October 25, 2006 with five (5) bidders
submitting proposals.
The low bid was submitted by Enviro Remediation Coatings from Katy, Texas. (See Exhibit
"C" Tabulation of Bids) Enviro Remediation Coatings was awarded the Sanitary Sewer
and Storm Water Manhole Ring and Cover Adjustment project for Fiscal Year 05 - 06 in the
amount of $184,940 on March 8, 2005 (Motion No. M2005-077). Upon review of the
submitted proposals by the City's AlE Consultant, ECMS, Inc. and city staff it has been
determined it is not in the best interest of the project or the City to award to the low bidder.
EXHIBIT A
Page 1 of 2
~ HOME\L YNDASIGENIWastewaten '365 Ma. nole Adjustments F Y Of O'IAGENDA BACKGROUND doc
Factor's that contributed to this decision include:
· poor contractor past performance,
· inability to properly staff the project with manpower or materials,
· failure to communicate with the AlE consultant and city staff,
· extreme difficulty in completing the Sanitary Sewer and Storm Water Manhole
Ring and Cover Adjustment project for Fiscal Year 05 - 06, and
· the need for city staff to issue a deductive change order in the amount of $68,800
(36% of the contract award) to terminate the Fiscal Year 05 - 06.
Therefore, based upon the above reasons it is recommended not to award this project to
Enviro Remediation Coatings even though they were the lowest bidder.
The next apparent low bidder was RCM Constructors, Inc. of Corpus Christi, Texas. The
bid was determined to be irregular due to failure of the contractor to properly acknowledge
the two addenda separately on his proposal form. The bidder gave a verbal
acknowledgement of the two addenda at the bid opening and faxed a letter later in the
week repeating the acknowledgement. The City Council reserves the right to waive any bid
irregularities and to accept the bid which, in the City's opinion, is most advantageous to the
City and in the best interest of the public.
Therefore, based on past satisfactory experience on projects of a similar nature and
second lowest responsive bid, it is recommended that City Cou ncil waive the irregularity of
the bid, and award a construction contract to RCM Constructors, Inc. of Corpus Christi,
Texas in the amount of $249,000 for the Sanitary Sewer and Storm Water Manhole Ring
and Cover Adjustment project for Fiscal Year 06 - 07 for the Base Bid and Additive
Alternates NO.1 & 2
~NTRACT TERMS: The contract specifies that the project will be completed in 180
calendar days, with completion anticipated by May 2007.
flINQING: Funds for this project are available in the FY 2007 Capital Improvement
Program Budget.
fa.OR COUNCIL ACTION:
1. September 19. 2006 - Ordinance approving the FY 2007 Capital Budget in the
amount of $146,994,500 (Ordinance No. 026997).
~OR ADMINISTRATIVE ACTION: None.
>1\HGlME\L YNDAS\GEN\Wastewaler'7365 - Manhole Adjuslmerts FY 06 07\AGENDA BACKGROUND doc
EXHIBIT A
Page 2 of 2
SANITARY SEWER AND STORM WATER MANHOLE RING
AND COVER ADJUSTMENT FY 2006-2007
(PROJECT NO. 7365)
PROJECT BUDGET
November 14, 2006
FUNDS AVAILABLE:
Wastawater CIP..
Storm Water CIP
T atal. .. .
FUNDIB REQUIRED:
Constluction Contract (RCM Constructors, Inc.)
Wastewater. ... . . .
Storm Water... .....
T atal Construction Contract.
Contingencies (1 0%).. .
Engineering Reimbursements
Finance Reimbursements.....
Constluction Inspection Activity....
Miscellaneous (Printing, Advertising)..
T atal... .. .. .. ..
$132,500.00
116,500.00
$166,950.00
128,950.00
$295,900.00
$249,000.00
24,900.00
7,500.00
3,000.00
10,000.00
1,500.00
$295,900.00
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PROJECT LOCA TION
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EXHIBrr -D-
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SANITARY SEWER and STORM WATe
MANIIOLE RING and COVER ADJUST-
MENT FY 2006-2007
CITY COUNCIL EXHIB"
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 2
DATE: 11/08/2006
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EXHIBIT -D-
SANI .MY SEWER alld STORM WA TS
IIANIIOLE RING and COVER ADJUST-
MENT FY 2006-2007
CITY COUNCIL EXHIB"
CITY OF CORPUS CHRISTI. TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 2
DATE: 11/0B/2006
I
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15
"lIlIll!I""--"~
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14, 2006
SUBJECT: Downtown Streetscape and Wayfinding - Project No. 6406
AGENDA ITEM:
a. Resolution authorizing the City Manager or his designee, to execute an Interlocal Agreement
with the Downtown Management District of Corpus Christi, Texas and the Regional
Transportation Authority of Corpus Christi, Texas for the DTown Streetscape and DTown
Wayfinding Assessment Project.
b. Ordinance appropriating $24,000.00 from the Regional Transportation Authority and $24,000
from the Downtown Management District into the Street CIP Fund No. 3530, for the DTown
Wayfinding and DTown Streetscape Projects; amending the FY2006-2007 Capital Budget
Adopted by Ordinance 026997 to increase appropriations by $48,000; and Declaring an
Emergency.
c. Motion authorizing the City Manager or his designee, to execute an architectural contract with
Gignac and Associates of Corpus Christi, Texas in the amount of $48,000.00 for the DTown
Wayfinding and DTown Streetscape Projects
ISSUE:
The RT A and DMD wish upgrade the downtown area in a similar manner proposed for
SeaTown. They proposed donating funding to the City for the design work. Execution of
an Interlocal Agreement, appropriation of funds and award of the architectural contract is
necessary to proceed with the project
F"NDING:
Funding for this project IS available upon appropriation.
CONCLUSION AND RECOMMENDATION:
Approval of the resolution, ordinance and motion is recommended as presented.
~
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9 I R Escobar, P. E ,
irector of Engineering Services
Attachments:
Exhibit "A" Background
Exhibit "B" Contract Summary
Exhibit "c" Location Map
H :\HOME\KEVI NS\GEN\DMD\StreetScapeWayfinding2006\AEAwdMemo. DOC
BACKGROUND INFORMATION
CONTRACT:
The architectural contract provides for design streetscape and way-finding signage. The
work will consist of an assessment of:
1 DTown's streets cape condition, followed by the formulation of an urban design
diagram that highlights streetscape hierarchy in the DTown District. Associated with
the streetscape hierarchy diagram will be a proto-typical section for each major
street, as well as a "typical" street section for non-major streets within DTown.
Following development of streetscape hierarchy diagram and street sections,
streetscape treatments will be developed for:
. Site Furnishings (benches, trash receptacles, bike racks, etc.)
. Lighting
. Pavements
. Plantings
2. DTown's way-finding and identity goals, followed by the formulation of a way-finding
diagram that summarizes audience groups, access routes, key decision points and
lists a proposed hierarchy of sign types. The scope of signage to be studied will
include elements required for visitor vehicular navigation and pedestrian navigation
from parking to various venues,
A contract summary is attached, See Exhibit B.
CGNSUL TANT SELECTION:
The consultant was selected by the DMD and RT A. Gignac Associates was selected due
to their involvement with the SEATown way-finding and streetscape work on the Bayfront.
The DMD and RT A approached the City as the improvements to be designed will be
located within the City's right of way. The DMD and RTA requested the City execute the
Interlocal Agreement, and execute an architectural design contract with Gignac Associates.
A8DITIONAL INFORMATION:
The approach will be similar to that being utilized for SEATown. The effort is part of an
overall program to upgrade the City's core and benefit from improvements along Shoreline.
The improved identity that will be offered by improvements to the DTown's streetscape and
way-finding are deemed to be beneficial to the City,
II EXHIBIT A II
Page 1 of 1
H :\HOME\KE VINS\GEN\DMD\StreetScapeW ayfl ndlng2006\AEAwdBkgExhA,doc
CONTRACT SUMMARY
The project will consist of an assessment of Corpus Christi's downtown streetscape and way-finding
opportunities. The Consultant will identity goals, followed by the formulation of a way-finding diagram
that summarizes audience groups, access routes, key decision points and lists a proposed hierarchy
of sign types. The scope of signage to be studied will include elements required for visitor vehicular
navigation and pedestrian navigation from parking to various venues.
The project scope of work will focus on the city of Corpus Christi, which is generally organized into the
su b-districts of "DT own", " SEAT own", and potentially, "Shoreline Boulevard." We envision the DT own
Wayfinding Assessment will build upon the findings from the previously prepared SEATown
Wayfinding Assessment to create the base point for an overall City way-finding system which will
establish continuity of way-finding and identity for visitors. These overall elements may be combined
with unique district identity graphics to create a sense of place. It is understood that a DTown logo
has been developed and approved, and will be considered in the study. The study will build upon the
findings from the earlier SEATown district way-finding study
The streetscape portion of the project will consist of an assessment of DTown's streetscape condition,
followed by the formulation of an urban design diagram that highlights streetscape hierarchy in the
DTown District Associated with the streetscape hierarchy diagram will be a proto-typical section for
each major street, as well as a "typical" street section for non-major streets within DTown. Following
development of streetscape hierarchy diagram and street sections, streetscape treatments will be
developed for
· Site Furnishings !benches. trash receptacles, bike racks, etc)
· lighting
. Pavements
. Plantings
For the DTown District, we understand two additional components important to the Downtown
Management District (DMD) will be development of a prototypical bus shelter and kiosk, and will be
included along with the other streetscape elements
A. STREETSCAPE
1, 0 Site Reconnaissance
1 1 Consultant and its subconsultant(s), will prepare tor and attend a kick-off meeting with the City and
stakeholders to get a better understanding of needs within the DTown District, expectations otvarious
streets, and to identify any concerns related to building development in the downtown.
1 2 Consultant and subconsultant will conduct a site reconnaissance to evaluate the current conditions in
the DTown District Distinguishing features and overall character of DTown will inform the guidelines.
:n particular, characteristic elements to be evaluated include:
. Building and parking placement In relation to the street.
· Right-ot-way width related to roadway needs, on-street parking needs, sidewalk and planting
needs, and streetscape character
· Streetscape elements currently used throughout DTown.
1 3 The Consultant's design team will review the current zoning ordinance as it relates to the above
elements to determine the existing rules shaping development and character of the street (Le.,
building setbacks, front yard requirements, density bonuses, or lot lines.)
Work Products
The Consultant Will prepare and deliver to the City Engineer a summary memo of findings
Site Trip
The Consultant will make a one-day trip to conduct a site survey and stakeholder work session.
H '\HOME\KEVINS\GEN\DMD\StreetScapeWayfinding2006\AEAwdSumExhB.doc
''9'"
2. 0 Streetscape Alternatives
The Consultant will use information learned during Task 1 to prepare the following exhibits for review with the
City, DMD, and stakeholders
· DTown Streetscape Hierarchy Diagram
· Prototypical Street Section for major streets and a Prototypical Street Section for the prototypical
streets
· Proposed streetscape elements, including
1 Site Furnishings (benches, trash receptacles, bike racks, etc.)
2. lighting
3, Pavements
4, Plantings
· Develop recommendations for a prototypical bus shelter for the DTown District. We plan to select
a fabricated shelter, rather than a custom design.
· Develop a prototypical kiosk for the DTown District.
Work Products
The Consultant will prepare and deliver an alternatives report in PowerPoint format suitable for binding as a
summary report
Site Trip
The Consultant will make a one-day trip to conduct a site survey and stakeholder work session.
3.0 Streetscape Alternatives
3 1 Following comments received from the presentation and review with the City, DMD, and stakeholders,
the Consultant will prepare a revised summary report for delivery to the City.
Work Products:
1 Consultant will deliver to the City, DMD and RT A a Final Report in PowerPoint format suitable for
binding as a summary report
B. WA Y -FINDING
1 . 0 Assessment
1 1 Consultant will
· review ongoing Downtown Corpus Christi planning work and concepts;
· obtain site base plans and regional maps;
· establish boundaries and limits of study area;
· identify proposed building projects and road realignments;
· review current identity work, Review current site photography.
12 The Consultant will prepare working signage base plans (city study area and district boundaries)
1 ,3 Consultant will be the primary contact, and will guide review process and stakeholder work sessions.
Stakeholders may include representation from the following:
· downtown development organizations,
· convention I visitors bureau and hotels (SMG)
· City management,
· City DPW I sign shop,
· major venues and recreation areas,
· arts and cultural entities,
· public parking operators,
· business owners
1 4 Consultant will perform on-site driving and walking tour to complete a photo-survey of area context,
existing signage and signage opportunities. Work session with stake holder group to obtain feedback
on
"i' \HOME\KEVi NS\GEN\DMD\StreetScapeWayflnding2006\AEAwdSumExhB .doc
.....
. Vision, character context, unique qualities
Identity and way-finding goals.
. area history,
key visitor destinations,
public transit,
· audience,
. entry points,
parking goals,
· Circulation and traffic flow,
. city sign program management.
15 Consultant will prepare assessment report, Include survey photos accompanied by observations and
work session comments and prepare a preliminary plan that delineates:
. City study area, with sub-districts
· key destinations Including visitor parking,
· circulation paths, coded by audience,
. decision points and information needs
16 Consultant will submit a report to primary contact for distribution and comment.
Work Products
COftSultant will deliver the City Engineer an Assessment Report in a Power Point format with annotations,
2.0 Preliminary Program
The Consultant will:
21 Evaluate stakeholder comments
2.2 Refine sign plan. Prepare hierarchical list of recommended signage types, Locate sign types
diagrammatically on plan.
2 3 Initial selection of context-appropriate examples of district signage to illustrate potential solutions and
design character
24 Review site character, proposed sign types and examples, Using selected site photos, block out
"zones" for potential sign locations, illustrating general proportions and locations, (Le., vertical on
median, vs, low horizontal) Provide sketch-level alternatives ofthree (3) representative sign types for
consideration
25 Review plans, hierarchy, precedent Images and alternatives. Supplement as required. Assemble
show for stakeholder presentation,
26 Conduct a second site trip 2 and work session with stakeholder group to obtain feedback.
2 7 I ncorporate stakeholder comments, submit final program report
Work Products: The Consultant will prepare and deliver the City Engineer:
1 a way-finding plan, sign type list, precedent examples and preferred sketch concepts; and
2 a PowerPoint show with annotations
Sutnmary of Fees:
I
Tasks I Description Fee
I II.A ~ Streetscape 24,000.00
! 11.8 24,000.00
I ~- I Way-Finding $48,000.00
.-L.____. TOTAL
rl \HOMEIK EVI NS\GEN\DMD\StreetScapeWayfind ing2006\AEAwdS umExh B. doc
\ Mprojecr \COUnCllextllbits \ exh6406.dwg
~
N
PROJECT
LOCAnON
CORPUS CHRISTI BAY
LOCA TION MAP
NOT TO SCALE
PROPOSED PROJECT
BOUNDARY
N
\
PROJ~T No. fU06
VICINITY MAP
NOT TO SCALE
EXHIBIT .C.
DOWNTOWN STREETSCAPE and
WA YFINDING
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TeXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DA TE: 11/08/2006
~
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RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE
DOWNTOWN MANAGEMENT DISTRICT OF CORPUS CHRISTI,
TEXAS AND THE REGIONAL TRANSPORTATION AUTHORITY
OF CORPUS CHRISTI, TEXAS FOR THE DTOWN
STREETSCAPE AND DTOWN WAYFINDING ASSESSMENT
PROJECT,
WHEREAS, the Regional Transportation Authority of Corpus Christi, Texas
(RTA) and the Downtown Management District of Corpus Christi, Texas (DMD)
wish to upgrade the downtown area and propose donating funding to the City for
the design work for the DTown Streetscape and DTown Wayfinding Assessment
Project
WHEREAS, execution of an Interlocal Agreement, appropriation of funds and
award of the architectural contract is necessary to proceed with the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an
Interlocal Agreement with the Downtown Management District of Corpus Christi,
Texas and the Regional Transportation Authority of Corpus Christi, Texas for the
DT own Streetscape and DT own Wayfinding Assessment Project.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form: 9-Nov-06
, . 'r- /
By: I\l,UV)J~Ul/ LUb\A,~
Veronica Ocanas
Assistant City Attorney
For City Attorney
H\LEG-DIR\VeronlcaO\1 ENGIAGENDA ITEMSivo111406RESORTA&DMDDTown.doc
_____day of ________. 2006.
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
H\LEG-DIRIVeromca0'1 ENG\AGENDA ITEMS\vo111406RESO RTA&DMD DTown doc
....... .._-
ORDINANCE
APPROPRIATING $24,000.00 FROM THE REGIONAL
TRANSPORTATION AUTHORITY AND $24,000 FROM THE
DOWNTOWN MANAGEMENT DISTRICT INTO THE STREET CIP
FUND NO. 3530, FOR THE DTOWN WAYFINDING AND DTOWN
STREETSCAPE PROJECTS; AMENDING THE FY2006-2007
CAPITAL BUDGET ADOPTED BY ORDINANCE 026997 TO
INCREASE APPROPRIATIONS BY $48,000; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS'
SECTION 1. That $24,000.00 from the Regional Transportation Authority and $24,000
from the Downtown Management District is appropriated into the Street CIP Fund No.
3530, for the DTown Wayfinding and DTown Streetscape Projects
SECTION 2. The FY2006-2007 Capital Budget adopted by Ordinance 026997 is
amended to increase appropriations by $48,000.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 14th day of November 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
-~.~ - ~..._..._-~~. .
Armando Chapa
City Secretary
Henry Garrett
Mayor
A~~'11W!;f:NOV-06
Veronica Ocanas
Assistant City Attorney
for City Attorney
.LEG-DIR\VerOfllcaO\IENG\AGENDA ITEMSW0111406.0RD.Apo RTA OToWIl doc
2
Corpus Christi, Texas
__ day of
2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfu lIy,
Respectfully,
Henry Garrett
Mayor
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
....' .-""...
16
-'""""'"'
AGENDA MEMORANDUM
DATE: November 14, 2006
~BJECT: Northwest Library Expansion (Project No. 4319)
BOND ISSUE 2004
CHANGE ORDER NO.1
~DA ITEM: Motion authorizing the City Manager, or his designee, to execute Change
Oftter NO.1 to the Northwest Library Expansion Project with Nuway International, Inc. of
Corpus Christi, Texas, in the amount of $40,391.45, for a re-stated contract price of
$1,419.340.03, for removal and replacement of the external wall with water damaged
building materials and asbestos remediation. [BOND ISSUE 2004]
~ The proposed Change Order NO.1 is necessary to repair existing water intrusion
damage to an existing Internal wall. The damage was discovered upon the removal of
gypsum board wall finish on the interior side of the wall.
EYNDING: Funds for this project are available in the FY 2007 Libraries Capital
I niprovement Budget.
BlCOMMENDATION: Staff recommends approval of the motion as presented.
r
J/;1, ~
Herbert Canales,
Director of Libraries
'j( f], A ~ ---'
A el . Escobar, P. E.,
Director of Engineering Services
&ldi.ional Support Material:
EXhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C' Location Map
"IUSERS2\HOMEWELMAPIGEN'UBRARy\4 '9 NORTHWEST L1BRARYICHANGE ORDER NO 1\AGENDA MEMO
BACKGROUND INFORMATION
SlIBJECT: Northwest Library Expansion (Project No. 4319)
BOND ISSUE 2004
CHANGE ORDER NO.1
.9IANGE ORDER: The change order provides for removal and replacement of the
external wall with water damaged building materials and asbestos remediation. Work will
fndude
. Remove and replace water damaged sections of the existing east exterior wall. This
requires demolition and reconstruction of approximately 50-linear feet of exterior
building sheathing not included in the original scope of work.
· Provide additional asbestos remediation for the removal of existing cement plaster
on the south wall encountered during construction.
This change order adds an additional ten (10) calendar days to the current construction
contract.
fIO.fECT DESCRIPTION (Construction): The Northwest Library was built to provide
library services to the residents of Corpus Christi residing in the Northwest area ofthe City.
The existing facility currently contains 7,340 square feet. The City-wide November 2004
Bond Election allocated $2,000,000 for the purpose of adding 5,000 square feet and
renovating and reconfiguring the existing 7,340 square feet. Since the original construction
was completed in 1982, additional parking was added to the rear of the property in 1998
and roof repairs were made in 2004. During a scope definition meeting with the architects
and City staff, it was determined that the 5,000 square foot expansion should occur to the
north of the property. Land purchase should be sufficient in size to allow a future driveway
from the rear parking area to be extended to McKinzie Road.
Specifically, the project consists of exterior building renovations to cement plaster finishes
and glazing, a new entry canopy structure, and a complete interior reconfiguration including
new partitions, floor, wall and ceiling finishes, and replacement of existing mechanical,
plumbing and electrical systems. The new addition consists of a slab-an-grade foundation,
structural steel frame, built-up roofing system, exterior cement plaster finishes, storefront
and glazing, interior finish-out, and new mechanical, plumbing and electrical systems, in
accordance with the plans, specifications and contract documents.
fIOJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
Improvements for the community, Bond Issue 2004. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
EXHIBIT "A"
Page 1 of2
USERS2IH.ME vELMPP\GEr~. ,8RARY\4 . NOR 1 >-lWEi;' lIBRfoR' CHANGE Of<DER NC 1 'AGENDA BACKGROUND
The Bond Issue 2004 package includes $95 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
FUTURE COUNCIL ACTION: None anticipated.
PIIIOR COUNCIL ACTION:
1. November 2.2004 - Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800. (Ordinance 026188)
4. May 17.2005 - Ordinance appropriating $196,385 from City Hall CIP Fund 3160,
transferring to and appropriating In Library CIP Fund 3210 for the Northwest Library
Expansion; amending capital budget adopted by Ordinance No. 026188 by increasing
appropriations by $392,770, (Ordinance No. 026262)
5. Mav 17. 2005 - Motion authorizing the City Manager or his designee to execute a
Contract for ProfeSSional Services with Solka Nava Torno Architects in the amount of
$196,385 for the Northwest Library Expansion. (Motion 2005-147)
6. July 11. 2006 - Motion authorizing the City Manager or his designee to execute a
construction contract with Nuway International of Corpus Christi, Texas, in the amount
of $1,378,94858 for the Base Bid and Additive Alternate NO.1 for the Northwest
Library Expansion. (Motion 2006-196)
7 Julv 11. 2006 - Motion authorizing the City Manager or his designee to execute
Amendment NO.2 to the contract for professional services with Solka Nava Torno
Architects in the amount of $61,840 for a total restated fee of $270,005 for the
Northwest Library Expansion. (Motion 2006-197)
PIIOR ADMINISTRATIVE ACTION:
1. Auqust 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25. 2005 - Addendum NO.1 to the Request for Qualifications No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
3. Aoril13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
4. June 2. 2006 - Administrative approval of Amendment NO.1 to the contract with Solka
Nava Torno Architects in the amount of $11,780 for the Northwest Library Expansion.
EXHIBIT "A"
Page 2 of 2
1 \USERS2\HOME\\!ELMAPIGEN,,-:BRARY\4 "9 NORTHWE ST LlBRARY\CHANGE ORDER NO 1~GENDA BACKGROUND
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
Novem ber 14, 2006
PROJECT: Northwest Library Expansion (Project No. 4319)
APPROVED: City Council Motion No. M2006-196 on July 11, 2006
CONTRACTOR: Nuway International, Inc,
2621 Holly Road
Corpus Christi, TX 78415
i TOTAL CONTRACT AMOUNT,.. .............. $1,378,948.58
! 25% Limit Amount.....,........ ....,.... ........ 344,737.15
L Change Order No. 1 - November 14, 2006.... 40,391.45
T' -,_._--
}OTAL All Change Orders, ~~_~_:._ . ...... . $40,391.45 2.93% < 25%
EXHIBIT "B"
Pa e 1 of 1
<,USERS2\HrJMEr','ELMAPIGENuBRARY'4 '9 NOFF'-iWEST LlBRARYICHANGE ORDER NO nCHANGE ORDER SUMMARY
-
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CITY IIROJECT No. 4319
LoeA TION MAP
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EXHIBIT "C"
NOwrHWEST LIBRARY EXPANSION
PROJECT
CITY COUNCIL EXHIBIT I
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 10'2 _ =
- -
DATE: 11-07-2006
"Ie \Mpro ect \councilexhlblts \exh4J 19a.awg
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NEW ADDITION
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EXHIBIT .C.
CITY COUNCIL EXHIBn'
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 2
DATE: 11-08-2006
I
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17
AGENDA MEMORANDUM
DATE: November 14, 2006
AfiiENDA ITEM:
A. Ordinance appropriating $522,721.46 from the unappropriated interest earnings
from Water CIP Fund 4083 for the required relocation and upgrade of an 8"
waterline along the Joe Fulton Trade Corridor; amending capital budget adopted by
Ordinance No. 026997 by increasing appropriations by $522,721.46; and declaring
an emergency.
B. Motion authorizing payment to the Port of Corpus Christi in the amount of
$522,721.46 for the relocation and upgrade of an 8" waterline along the Joe Fulton
Trade Corridor as required by an Interlocal Agreement approved by City Council on
August 26,2003 (Resolution No. 025453).
U.UE: Due to construction of the Joe Fulton Trade Corridor an existing 8" waterline
needs to be relocated. This payment provides for the relocation and upgrade of the
existing waterline to a 24" waterline in conjunction with the Port of Corpus Christi's Joe
Fulton Trade Corridor Project.
~ Funds for this payment are available through interest earnings in the Water
Clpitallmprovement Program Budget.
BJCOMMENDATION: Staff recommends approval of the motion as presented.
l'i1l%
%:; p=-
Eduar 0 Garana, P.E.,
Director of Water Services
ft /07/06
I .
rz>rz.. 'Angel R. Escobar, P. E.,
Director of Engineering Services
~ional SUDDort Maq.rial:
Exhibit "A" Background Information
Exhibit "B" POCC Request
Exhibit "C" Location Map
H:\If>MEIl YNDAS\GEN\WATER\8447 - EQg:.24 Inch walerllne\Memorandum.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Joe Fulton Trade Corridor - Relocation and Upgrade of Water Line (Project
# 8447)
PIllOJECT DESCRIPTION:
The project will result in the installation of a new twenty-four-inch (24") main on the north
side parallel to the Corridor with the extension of a new eight-inch (8") line near the
intersection with Navigation Boulevard.
BACKGROUND INFORMATION:
The 2003 Interlocal Agreement with the Port expedited the Joe Fulton International Trade
Corridor. The agreement was necessary to meet the Texas Department of Transportation
leling schedule. The agreement provided the basis by which the design and construction
of water and wastewater construction and relocations would be accomplished.
The Port of Corpus Christi agreed to pay for the design costs associated with wastewater
and water adjustments and relocations. The Port also agreed to pay for the construction
cost associated with wastewater lines. The City agreed to pay for the construction costs of
water line adjustments and relocations plus 1 % for TXDOT engineering and contingencies.
The Port of Corpus Christi determined an eight-inch (8") water line near the intersection of
Navigation and Joe Fulton Trade Corridor conflicts with a proposed storm water culvert box
installation. It was originally proposed to lower and encase the water line eliminate the
conflict However, with anticipated growth and expansion of the Port Railway system such
an approach is likely to require an additional relocation in the future.
It was decided the most prudent action would be to install a twenty four-inch-inch (24")
main on the north side parallel to the Corridor with the extension of a new eight-inch (8")
line. This will provide better capacity and service for future development. The twenty-four-
inch (24") main will be installed with stub-outs positioned to tie into the future extension of
the water main along Up River Road by boring under the ship channel near the Tule Lift
Bridge. The ultimate completion of these improvements will improve water capacity and
pressure in the area The Port of Corpus Christi letter requesting payment is attached.
See Exhibit R
PRIOR COUNCIL ACTION:
AWJust 26.2003 - Resolution authorizing the City Manager, or his designee, to execute
an Interlocal governmental agreement with the Port of Corpus Christi Authority (PCCA)
to include utility adjustment and relocation work as part of the Joe Fulton International
Trade Corridor and for the City to provide funds to PCCA. (Resolution No. 025453)
Jutv 27. 2004 - Motion authorizing the City Manager, or his designee, to make payment to
H lHOMEIKEVINS\GEN\WATER\8447 FULTON CORRIDOR\24BACKGROUND.DOC
EXHIBIT "A"
Page 1 of 2
the Port of Corpus Christi Authority in the amount of $373,344.48 for waterline adjustments
and installations for the Joe Fulton Trade Corridor Project. (Motion 2004-288)
FUNDING: Funds for this project are available from the Water CIP Fund.
rlIHOMEIKEVINSIGEN\WATER\8447 FULTON CORRIDOR\24BACKGROUND.DOC
II EXHIBIT "An II
Page 2 of 2
Department of Engineering Services
OF COIPUS C.-sn
November 8, 2006
Project No. 99-037F
Mr. Joe TreJo, P.E.
Assistant Director of Engineering Services
City of Corpus Christi
1201 Leopard, 3rd Floor
Corpus Christi, TX 7840]
Su'jec:t: 24" Waterline Along Fulton Corridor
Dear Joe
The Port of Corpus Christi has directed our consultants to revise the drawings for the waterline
improvements at the Navigation Blvd. intersection with the Fulton Corridor, located approximately 1,000
feet north of the Tule Lake Lift Bridge. These drawings will reflect the request by the City to have the
existing 8" line replaced with a 24" waterline to service future industrial growth on the north side of the
ship channel. When completed, these drawings will be submitted for final review and approval.
Attached is a cost estimate for installing this 24" waterline (with open-cut excavation) across the
Fulton Corridor road and rail that is currently under construction and boring under the existing rail line
entering the Bulk Terminal. The total estimated charges are $522,721 including the 1% E & C charges
required by our Local agreement with TxDOT. The Port will not charge the City any design or project
maaagement fees. As with the other waterlines installed on the Fulton Corridor, we request that the city
provide an inspector from the City's water department to observe and approve the installation as work
proceeds
We will work with the City to prepare any amendments to our intergovernmental agreement to
cover this work. Please call me at 885-6164 if you have any questions or comments.
~L/~
David Michaelsen, P.E.
Chief Engineer
DLM/mmm
Emllosures
cc: Frank C. Brogan
Tommy Solomon, Fulton Corridor
Ii \DLMlJ999PROJ\99037 Fulton ComdorlWaterline at Navigation Blvd IIr #3 J J0706.doc
Website www.portofcorpuschristi.com
722 Power Street Corpus Christi. TX7840 · PO Box 1541 Corpus Christi. TX 78403 · TEl: 361-882-5633 · FAX:361-881-5163
Joe Fulton International Trade Corridor
11/7/2006
Estimate of City's Costs
to Install 24" Water line (open cut) at
Navigation Blvd. Intersection wI 8" line
to Bulk Terminal south of RR
Item
24" & 8" W.L.
Costs
$555,643
- 67 980
$487,663
$24,383
$500
5000
$517,546
5175
$522,721
Jhabor's Quote
Estimated Discount to 0 n Cut
Subtotal
Haas-Anderson Marku 50/0
Surve Costs
Backfill & Com act 0 n Cut
Sub-Total Construction Cost
1 % E & C Char es from TxDOT
Total Estimated Costs
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EXHIBIT .C.
2 WA TERLINE @ JOE FUL TON
INTIMA TIONAL TRADE CORRIDOR
& NA V1GA TION BOULEVARD
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 11-09-2006
I
- -
- -
--
ORDINANCE
APPROPRIATING $522,721.46 FROM THE UNAPPROPRIATED INTEREST
EARNINGS FROM WATER CIP FUND 4083 FOR THE REQUIRED
RELOCATION AND UPGRADE OF AN 8" WATERLINE ALONG THE JOE
FULTON TRADE CORRIDOR; AMENDING CAPITAL BUDGET ADOPTED
BY ORDINANCE NO. 026997 BY INCREASING APPROPRIATIONS BY
$522,721.46; AND DECLARING AN EMERGENCY.
81 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TexAS:
SICTION 1. That $522,721.46 is appropriated from the unappropriated interest
earnings from Water CIP Fund 4083 for the required relocation and upgrade of an 8"
waterline along the Joe Fulton Trade Corridor.
SICTION 2. That the Capital Budget adopted by Ordinance No. 026997 is amended
by increasing appropriations by $522,721.46
SICTION 3. That upon written request of the Mayor or five Council members, copy
atteched, 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 14th day of November 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~rROVED AS .TO FO~~:
\ U u\!tru_J()(~
Veronica 6caiias
A.istant City Attorney
for City Attorney
9-Nov-06
~~'iLEG-D!f~\\'elonl(;aO\i ENG\AGtNDJ\ in=rlilSV01114U6.0f~DJ\ppJFliltonTradeComdor doc
~p;;","*"
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
Bmnt Chesney
Melody Cooper
Jerry Garcia
Bitt Kelly
Rex A Kinnison
John E Marez
Jesse Noyola
Merk Scott
~'- .""*'"
18
~._---',.,...
AGENDA MEMORANDUM
November 14, 2006
AGENDA ITEM.
a Motion approving an amendment to 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, to reflect a cost increase of $227,052.76 for the
reconstruction of the existing Master Plan Lift Station No. 1047 (Greenfields by the Bay), located east
)f Rodd Field Road and south of Wooldridge Road and
b Ordinance appropriating an additional $227,05276 from the Sanitary Sewer Trunk System Trust Fund
No 250410-4220 to pay AI Development, Inc. for the construction and installation specified in the
Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement; and
declaring an emergency
IS8UE: AI Development, Inc owner and Developer of South Fork unit 4 Subdivision has bid the scope of this
project and the low bid on the project construction is substantially greater than the original cost estimate. The
Developer's consulting engineer has requested the Agreement be amended to reflect the higher cost.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
~.v~
'" Deborah A Marroquin, P E.'
Interim Director of Development
/'
Attachments
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
BaCkground Information
Location Map
Original and Amendment Cost Estimates
Value Engineering Proposal
Cost Estimate
Amendment To Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reirnbursement .Agreement
"Illl!Il!"
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The Greenfields by the Bay lift Station and Force Main (Exhibit B) serves the
area within which recent plats Including South Fork Units 3, 4, 5, Morningstar Unit 2, and
Greenfields by the Bay Unit 3 are under development. The existing lift station is currently operating
at its rated capacity as determined In a Design memorandum prepared by Naismith Engineering,
Inc. dated February 17, 2005
The South Fork Unit 4 Subdivision Developer, AI Development, Inc. agreed to install the required
Force Main and Master Plan Lift Station sized for the ultimate build-out of the Greenfields by the Bay
lift Station Service Area. Council approved the Sanitary Sewer Trunk Force Main and lift Station
and Construction and Reimbursement Agreement between the City and AI Development, Inc. May
23, 2006 and appropriated $975,210.63 for construction of the new lift station and force main by
Ordinance 026788. The total reimbursement amount of $975,210.63 included $811,747.24 for the
estimated construction cost of the new lift and force main and $163.463.39 for professional services
provided by Naismith Engineering. Inc (Exhibit C, pg. 1).
Naismith Engineering, Inc received the following bids on the project construction (Exhibit C, pg. 2):
Big State Excavation
Jhabores
Holloman Corp
$1,087,30000
$1,138.48000
$1,505,925.00
Big State Excavation had the lowest bid at $1,087,300.00. The low bid was higher than the project
budget and Big State Excavation presented a Value Engineering proposal (Exhibit D reducing their
bid by $48 50000 for a bid total of $1 ,038,800, This is $227,052.76 greater than the construction
cost estimated by Naismitr Engineering Inc. ($1,038,80000-$811747.243=$227,052.76)
Naismith Engineering, Inc requested the City prepare an amendment (Exhibit F) to the current
agreement to reflect the increased construction cost. The amendment amount is for $227,052.76.
This increases the total reimbursement from $975210.63 to $1,202,263.39 (Exhibit E).
Additionally. the amendment extends the time period the developer is eligible for reimbursement
from June 30, 2007 to May 31 2008
The cost estimate for Greenfields by the Bay lift Station and Force Main was included in the April
12,2005 Resolution No. 026214, which reserved for commitment funds for the five (5) applications
to the Sanitary Sewer Trunk System Trust Fund received prior to January 1, 2005.
II Exhibit A II
Page 1 of 1
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I exhibit B I
Page 1 of 1
Greenfields By The Bay - Lift Station Improvements
Triplet Uft Station QuaDtity UBit UDit Price Total
Pwnps Flygt NP-317 i (30 hp) 3 EA $42,000.00 5126,000.00
, Fiberglass Wet Well EA S50,000.00 550,000.00
'w
Installation of Wet Well / Pumps LS $50,000.00 550,000.00
4 Tie to Existing Wet Well LS 57,500.00 $7,500.00
Yard Piping LS SI5,000.00 S15,000.00
b Suction and Discharge Pipmg LS SI5,000.00 $15,000.00
Valves LF $22,000.00 $22,000.00
8 Lift Station Accessories
Cable Rack, Access Covers, Brackets I LS $4,000.00 $4,000.00
Floet.s, Lift Chains, Guide Rails, Guide Rail Bracket I LS $6,000.00 $6,000.00
~ Electrical/Controls I LS
Lift Station Controls {Permanent} I LS $21,000.00 $21,000.00
Bypass Controls (Bypass) I LS SI0,000.00 SI0,000.00
Antenna (Bypass) I LS 52,000.00 $2,000.00
Bypass Electrical (Bypass) I LS 515,000.00 SI5,000.00
Tnmsformer Pad (Bypass) I LS $2,000.00 52,000.00
Trenching / Conduit (Bypass) I LS 510,000.00 SI0,000.00
Lift Station Electrical (permanent) I LS 520,000.00 $20,000.00
10 Demolition I Misc. Site Work I LS 515,000.00 SI5,000.00
I j Standby Power - Emergency Generator 1 LS $45,000.00 $45,000.00
12 Odor Control System I LS $60,000.00 $60,000.00
13 Dewatering / Well Pointing 5 MO 510,000.00 550,000.00
14 SCADA System I LS 512,000.00 512,000.00
15 4" Crushed Limestone I LS $4,497 .23 $4,497 .23
16 Concrete Drive I LS $7,775.00 57,775.00
CMU Wall I Gate 1 LS 525,000.00 S25,000.00
Lift Station Construction Sub- Total 5594,772.23
12" Force MaiD
Proposed 12" Force Main 3,500 LF 558.85 5205,975.00
.; Comection to 12" Force Main (LS # I 1 ) I EA $11,000.00 511,000.00
Force Main Construction Sub- Total $216.975.00
~. ~TA~ eCllN"a.."~r...., . .t',"",", ~3
Professw.J Services
Engineering 7.500AJ $60,881.04
Topographic Survey 2.00% 516,234.94
Contract Administration 2.00% $16,234.94
Testing (Geotechnical) 1.00% $8,117.47
Rigbt-of- Way Acquisition $16,995.00
ROW Surveying, Parcel Descriptions, & Maps fltoFarrt e.J1ft.. SfIIt'lle,S ;t;js.!.oq
$\t'T."-. j Ie; ~ :I.,f
PROJECT TOTAL: 597 10.63
II Exhibit C II
Page 1 of 2
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Cost Estimate
Greenfields by the Bay Lift Station and Force Main
Lift Station and Force Main Quantity Unit Price Total Bid
1 ~onnection to Existing 16" FM 1 LS $6,300.00 $6,300.00
2 if)-foot Precast Cone. Wall 205 LF $201.83 $41,375.00
u,_~_.___
3 15' Cantilever Gate 1 EA $14,000.00 $14,000.00
--.--.-.--
4 24" PVC Gravity Sanitary Sewer 12 LF $600.00 $7,200.00
" -_._.. ..-
5 Trench Safety 1460 LF $1.00 $1,460.00
---.. '--,'--.- ._--
6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00
7 Connection of 24" PVC to Exist Wetwell 1 EA $2,500.00 $2,500.00
.-
8 lift Station and Appurtenances 1 LS $373,000.00 $373,000.00
912" C-900 - DR18 3480 LF $59.00 $205,320.00
-
10 ~O" Steel Casing by Open Cut 40 LF $175.00 $7,000.00
11 ""sphalt Pavement Repair 15 SY $68.00 $1,020.00
...,_._--_.._-"--,--
12 Electrical Work 1 LS $93,500.00 $93,500.00
---.-,-.--..-.-
13 l..ift Station Controls 1 LS $8,500.00 $8,500.00
t---
14 Storm Water Pollution Pre'Jent~n Plan 1 LS $5,000.00 $5,000.00
-
15 Odor Control Unit 1 LS $134,500.00 $134,500.00
----
16 Demolition & Removal of Exist Lift Station 1 LS $10,000.00 $10,000.00
"-'~._"--""-~
17 Concrete Dnveway 1 LS $33,000.00 $33,000.00
._~._.__..~.__.__._- -- ~-"._-- ---'-
18 4" Crushed limestone i LS $10,000.00 $10,000.00
19 100 KW Diesel Generator! 189 Gal. Tank 1 LS $56,500.00 $56,500.00
_. -----
20 Scada System by Rabalal?________ 1 LS $27,625.00 $27,625.00
~-".._- .-- -....-..-----..-.....-- Sub Total Lift Station and Force Main
$1,038,800.00
_..., _, ._.w ~_._._.__ .'._ ._..__. ""_'."'___._ _,'_ __._
---- ~', -.'"....-..--. -_._.-- Professional Services
1 [Engineering 7.50% $60,881.04
~--- ----- --','-.- --
2 Topographic Survej" 2.00% $16,234.94
-. ------...-.- -~.-.- .------ -
3 Contract Administration 2.00% $16,234.94
---_.~_.~.- --.---..-.--
4 Testing (Geotechnical) 1.00% $8,117.47
---.-'---.-.'- -'_.~.',,","._--,,---".-
-- 5 Right-af-Way Acquisition $16,995.00
-- 6R.OyY' Surveying. Parcel Descrip, & Maps - $45,000.00
..... -. .-.-..-.-.-.-.,-....-.-.--- -.-..--.--..-.--.-.-- Sub Total Professional Services $163,463.39
-_. ......- -.- -'''' ,-.- _...- -- --- .,,- --..-..
-. ,. ,.,,-,;..._~_.._.- __._ ..'_'___m'..,__ --_.. , Project Total $1,202,263.39
II Exhibit E II
:III!!III!Il!"
AMENDMENT TO
SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
THE ST ATE OF TEXAS
COUNTY OF NUECES
This agreement amends Section 3, Section 5e, and Section 11 a of the Sanitary Sewer
Trunk Force Main and Lift Station Construction and Reimbursement Agreement ("Agreement"),
dated May 12, 2006 between the City of Corpus Christi ("City"), a Texas home-rule municipality,
PO Box 9277, Corpus Christl Texas 78469-9277 and AI Development, Inc., ("Developer"), a
Texas Corporation, 6530 Samba Drive, Corpus Christi, Texas 78414, the Agreement is
Incorporated herein by reference. the same as if recited herein verbatim, the terms and
conditions shall remain in force and effect, except as amended,
A Section 3 of the Agreement is revised to read
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 May 31,
2008, subject to the tolling provisions set out below
B, Section 5 of the agreement IS revised to read
5 DEFAULT The following events shall constitute default:
e Developer's contractor fails to oomplete construction of the project, according to the
approved plans and specifications. on or before May 31. 2008.
C. Section 11 of the Agreement IS revised to read
1 REIMBURSEMENT
a The City will reimburse Developer 100% of the cost of the Master Plan Lift Station
and Sanitary Sewer Trunk Force Main, not to exceed $1,202,263.40, upon
satisfactory completion testing, inspection. and compliance with approved plans and
specifications. See attached cost estimate (Exhibit 3)
II Exhibit F II
Page 1 of 3
11/09/06
E)tECUTED IN TRIPLICATE originals this
'}.H;
day of
qv6\1t~t~
,2006.
DEVELOPER AI Development Inc.
B:~Q.
y . eza Mostaghasi-------
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the q 'ilf day of ,v(:;)t.~4~2006,
by Alireza Mostaghasi, President. AI Development, Inc. a Texas Corporation.
CHARLES F. IAIIH II
Noary Public. State of T_
My Comrnialciii Exphe
February 1", 2010
Page 2 of:1
11/07/06
CITY OF CORPUS CHRISTI ("City")
POBox 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile (361) 880-3501
A,TTES"
By: .
Armando Chapa
City Secretary
By
George K. Noe
City Manager
APPROVED AS TO FORM This Cft!I day of "'eo(eWl~e,.
, 2006.
G W mith. Assistant City Attorney
For the City Attorney
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the day of , 2006, by
George K. Noe, City Manager, for the City Of Corpus Christi. a Texas municipal corporation, on
behalf of the corporation.
Notary Public, State of Texas
Page 3 of 3
11/07/06
Cost Estimate
Greenfields by the Bay Lift Station and Force Main
Lift Station and Force Main Quantity Unit Price Total Bid
1 Connection to Existing 16" FM 1 LS $6,300.00 $6,300.00
2 [6-foot Precast Cone. Wall 205 LF $201.83 $41,375.00
315' Cantilever Gate 1 EA $14,000.00 $14,000.00
--- 24" PVC Gravity Sanitary Sewer
4 12 LF $600.00 $7,200.00
--,,_..
5 Trench Safety 1460 LF $1.00 $1,460.00
-'--"--..-"'-".--- .-
6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00
- -
7 Connection of 24" PVC to Exist Wetwell 1 EA $2,500.00 $2,500.00
8 tift Station and Appurtenances 1 LS $373,000.00 $373,000.00
--...-.........---..-
9 12" C-900 - DR18 3480 LF $59.00 $205,320.00
---. ~O" Steel Casing by Open Cut ---------
10 40 LF $175.00 $7,000.00
_._,_.,,-
11 Asphalt Pavement Repair 15 SY $68.00 $1,020.00
-...-.---.-..--.-...--,.--.---
12 !-=Iectrical Work 1 LS $93,500.00 $93,500.00
-
13 Lift Station Controls 1 LS $8,500.00 $8,500.00
14 Storm Water Pollution Prevention Plan 1 LS $5,000.00 $5,000.00
-- Odor Control Unit LS $134,500.00 $134,500.00
15 1
16 Demolition & Removal of Exist Lift Station 1 LS $10,000.00 $10,000.00
1"'7 Concrete Driveway 1 LS $33,000.00 $33,000.00
II
-'"''',~~- '-^-"-"'-.-.'''-
18 4" Crushed Limestone 1 LS $10,000.00 $10,000.00
- -- ----- . -
19 100 KW Diesel Generator /189 Gal. Tank 1 LS $56,500.00 $56,500.00
-_._--
20 Scada System by Rabalais 1 LS $27,625.00 $27,625.00
.-
-- -..----..,.--- .,'" Sub Total Lift Station and Force Main $1,038,800.00
-,,'''- .--'"'------------....-,-.---.-...-.---.-..-,.-
- ,,-..-.-- Professional Services
1 ~Engineering 7.50% $60,881.04
_.. ---"-"-"-"'.."----' ,--",--'_.-'-<",
2 Topographic Survey 2.00% $16,234.94
- ----- ~_.._.- ---_. ...-',.---,--.- $16,234.94
3 Contract Administration I 2.00%
- .-"..,...-.-....-- ~,~_.-.-
4 Testing (Geotechnical) ------.---+- 1.00% $8,117.47
.,_._~....,,-_. -...--. -,,-'.
5 Right-of-Way Acquisition ~-- ,,,-.---.,.,,,..,,.- $16,995.00
6R.O.W ?urveying Parcel Descrip. & Maps --.- $45,000.00
----,---,.._.,- Sub Total Professional Services $163,463.39
---~.- -_. -----.._---~---.~-_._--._.. -+. _.- ____r..~ '._'0_'.__
-- _..__.._,"__.......~o_..._."_. ..~..._.__. .__....,-_.._..._.~.,_._"_._,, .- Project Total $1,202,263.39
II Exhibit 3 II
~.
Page 1 of 2
ORDINANCE
APPROPRIATING AN ADDITIONAL $227,052.76 FROM THE
SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 250410-4220
TO PAY Al DEVELOPMENT, INC., FOR THE CONSTRUCTION AND
INSTAllATION SPECIFIED IN THE SANITARY SEWER TRUNK
FORCE MAIN AND LIFT STATION CONSTRUCTION AND
REIMBURSEMENT AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That an additional $227,052.76 be appropriated from the Sanitary Sewer
Trunk System Trust Fund No. 250410-4220 to pay AI Development, Inc., for the
construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift
Station Construction and Reimbursement Agreement to reflect a cost increase 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.
SECTION 2. That upon written request of the Mayor or five council members, copy
alached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 14th of November, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED as to form November 9, 2006
~ -~,:w
By: aJ/.-A)11.!:!!
a~w. Smith
Assistant City Attorney
For City Attorney
H:\lEG-DIR\Shared\GaryS\agenda\2006\ 11-14\Ord-AppropGreenfields.doc
...,
Page 2 of 2
Corpus Chnsti, Texas
.~___ Day of ____._________, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfu Ily,
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
Je8se Noyola
Mark Scott
H\LEG-DIR\Shared\GaryS\agenda\2006\ 11 . 14\Ord-AppropGreenfields.doc
19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: November 14,2006
AGENDA ITEM: Downtown Redevelopment Committee Report
CITY STAFF PRESENTER(S):
Name
Title/Position
Department
Irma Caballero
Director
Economic Development
OUTSIDE PRESENTER(S):
N"",.
Chad Magill
Monica McLeod Sawyer
Sheldon Schroeder
Cecil Johnson
Mark Minutaglio
Paula Dodd
Title/Position Oraanization
Member, Downtown Redevelopment Committee
Member, Downtown Redevelopment Committee
Member, Downtown Redevelopment Committee
Member, Downtown Redevelopment Committee
Member, Downtown Redevelopment Committee
Member, Downtown Redevelopment Committee
BACKGROUND: The Downtown Redevelopment Committee (DRC) is pleased to present
recommendations for the revitalization of downtown Corpus Christi. Shown below is the
membership of this committee.
Angelica Flores
Arthur Granado
Brandi Williams
Brian Miller
James Chrobocinski
Kevin Hopkins
Leon Loeb
Michael Perez
Monica McLeod Sawyer
Wayne Lundquist
Cecil Johnson
Daiquiri Richard
David Y oskowitz
Evy Coppola
John Howell
Kimberly Lemley
Mark Minutaglio
Michelle Peters
Philip Ramirez
Vangie Chapa
Chad Magill
David Loeb
Eloy Salazar
Gary Basinger
Kay Aeby
Leah Olivarri
Paula Dodd
Norma Urban
Sheldon Schroeder
Les Cassidy
c7-~j ~
Irma Caballero, Director
Economic Development
-
Kay Aeby
Les Cassidy
Simon Castillo
James Chrobocinski
Angelica Flores
Kevin Hopkins
Cecil Johnson
David Loeb
Wayne Lundquist
Monica McLeod Sawyer
Mark Minutaglio
Michael Perez
Phillip Ramirez
Eloy Salazar
Norma Urban
Gary Basinger
Paula Dodd
Vangie Chapa
Evy Coppola
Arthur Granado
John Howell
Kimberly Lemley
Leon Loeb
C had Magill
Brian Miller
Leah Olivarri
Michelle Peters
Daiquiri Richard
Sheldon Schroeder
Brandi Williams
Our Committee wishes to acknowledge the support provided by the staff of the City of
Corpus Christi. particularly the support of the Economic Development Department.
DOWNTOWN REDEVELOPMENT REPORT
EXECUTIVE SUMMARY
Over the last several years, the City of Corpus Christi has made significant financial
Investment in downtown. This investment can be strengthened by the development of a
thriving downtown community. We are pleased to present this Executive Summary of a
full report compiled by the Downtown Redevelopment Committee. This report, aligned
with the South Central Area Development Plan, is submitted in response to the City
Council's goal to redevelop our Downtown.
THE PROCESS
The Downtown Redevelopment Committee (DRC) started meeting on March 29, 2006.
A total of 22 committee meetings were held, not including sub-committee and other
meetings. The group was composed of various individuals representing community and
private sector organizations. Staff support was provided by Economic Development
Department of the City of Corpus Christi.
The group sought background information from a variety of sources. City staffprovided
extensive information on projects. programs, and ordinances. Other organizations, such
as the Downtown Management District, provided information on their projects and
programs. Members of the group researched studies and efforts of other communities,
and group members vlsited downtown Harlingen to view the results of their Mainstreet
Program.
Members of the committee wish to express their appreciation to all who assisted with this
research, particularly city staff who provided invaluable support and information.
After considerable background research and brainstorming, the DRC developed a Vision
statement for the downtown of Corpus Christl.
THE VISION
"Downtown Corpus Christi is a safe, clean, pedestrian
friendly community comprised of a central business
district, arts and culture, sports and entertainment areas.
This unique. vibrant waterfront community will provide
local residents, tourists, and families opportunities to
enjoy its fine restaurants, shops and residential facilities."p
November 2006
The DRC group also conducted an analysis of the downtown area to determine strengths,
weaknesses, opportunities and threats (SWOT analysis). Out of a long list of individual
strengths, weaknesses. opportunities and threats, the group selected the top six in each
category which are listed in the chart below.
1-
SWOT ANALYSIS TOP 6 CATEGORIES
STRENGTHS
.
Proximity to water & Water Events
EntertainmentJ Arts, Culture, Events, Restaurants
Proximity to touristslEvents
Can be pedestrian oriented
Center for employment
Investing in infrastructure-water, sewage and drainage
.
.
.
.
.
WEAKNESSES
. Lack of real plan
. Vaeant buildings
. Lack of housing
. Improve our parksIMore usable parks
. No grocery storelLack of retail
. Visually unappealinglLack of maintenance/Graffiti
OPPORTUNITIES
. Council priority
. Coastal location
. Vaeant buildings
. Urban shifts
. Marina improvement
. Restore the Ritz
THREATS
· Lack of marketing/Community perceptionlLack of identity
. Divisiveness/Need to work together/Lack of leadership
. Homeless population
I · Lack ofknowledge/CooperationlAbsentee owners
. Ineffective codes
L_~~rain drain ._
November 2006
2
SUCCESSFUL DOWNTOWNS
As discussed. research was conducted to benchmark what successful communities have
done to create thriving downtown areas. As the DRe began to develop goals and
strategIes, one study provided a recent and valuable overview. Research conducted by
the Civic Fellows Programs of Cornell University provides a comprehensive description
of successful downtown actions based on study of eleven downtowns across the country
(Characteristics of'Successful Downtowns: Shared Attributes of Outstanding Small &
Mid-SIzed Downtowns, Gary Fer!:uson. draft report. Seotember 2005.) The shared
attributes of these successful downtowns as reported by this research are quoted in the
chan.
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No Single Organizational Model Exists. Contrary to expectations, there are a variety of
organizational models among the "great downtown" communities suggesting that the type of
downtown organization IS less important than the overall ability of the community to deliver
needed servIces
Successful downtowns tend to have multiple traffic generators that supplemented the
presence of a larger institution (s), all within short walking distance. Many, but not all
of these traffic generators were purposely strategically located. Serendipity had as
much to do with some location decisions as careful planning.
Successful downtowns are beloved by citizenry. The area has regional significance, and
there IS strong affection for the downtown. There is also controversy and debate.
Successful downtowns have been and are continuing to overcome challenges and
obstacles. Just because a city has a great reputation for its downtown, does not mean that it is
exempt from challenges These cities share an innate ability to respond to and overcome
challenges
Successful doV\ ntowns are walkable. There is no single design model but, they possess
street level pedestrian scale and are well used.
Successful downtowns, by and large, had a commitment to mixed use development. Uses
are generally nOI geographically separated in these downtowns. New projects have mixed use
onentatlOns. The various uses tend to be integrated into the downtown fabric. Even when
they are separated, they generally remain WIthin walking distance of each other.
There is broad public/private investment in the future of downtown. All of "great
downto-WTIs" surveyed in the study are actively planning for the future. They are
implementing new projects that broaden the appeal and scope of downtown, and many of
these projects have the involvement of a pro-active public sector.
The nature of downtown retail appean to be in flux. As clothing or other traditional
retailers close 01 choose to relocate, these cities report that the resulting vacant storefronts are
being filled with restaurants. bars or other food and beverage oriented businesses able to pay
higher rents. Local, mdependent retailers continue to dominate these areas.
Entertainment is a driving market segment. Anchor projects help. All have been able
extend the life .)f downtown beyond 5 pm, and all have strong and growing restaurant
sectors
There was a prevalence of strong, adjacent residential neighborhoods that are within
walking distance of downtown. These neIghborhoods, many of which are upscale, provide a
key base of patrons for downtown
Downtown (CBD) housing was either prevalent or underway. The market for housing
in the downtown was strong and growing. Affordability was a major issue faced by many,
but residents were invaluable to the retail economy.
Vniversities help but are not the sole answer. The presence of a higher institution of higher
education does not by itself appear to be the deciding factor in determining downtown
experIence.
.
.
.
.
.
.
.
.
.
.
.
November 200f;
3
THE DOWNTOWN FOCUS AREA
The ORC spent considerable time discussing the focus area of downtown. The DRe
recognizes that "downtown Corpus Christi" would traditionally be defmed as the area
shown in green on the map below, or even a smaller area south of! 37 and perhaps east
of the bluff or Upper Broadway. The DRC recommends, however, that a broader area be
considered and included in redevelopment considerations. The broad area selected by the
ORe, particularly from the perspective of housing and employment potential, is shown in
yellow on the map below. While many of the DRC recommendations address the green
area as an initIal focus, the DRe feels that the yellow area must also be addressed in
order tor downtown te' develop.
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4
RECOMMENDATIONS AND STRATEGIES
Six (6) major topic areas were the basis of six subcommittees that developed strategies
and recommendations The efforts and results of the work of each subcommittee were
then reviewed, synthesized and revised by the DRC as a whole. These six major
strategic or tOpIC areas were:
. Designs and Plans
. J nfrastructure
. Policies
. Business Development
. Marketmg
. Organizational Structure
STRA TEGY ONE - DESIGNS AND PLANS
The primary goal 0 f the planning recommendations is to improve and enhance
connectivity of the neIghborhoods identified above by addressing the following means of
connecti vit y:
Pedestrian Experience
Vehicular Access
Event Public Transit
Parks and Green Space
Targeted improvement of the four elements of neighborhood connectivity demonstrates
public commitment to Downtown Revitalization. Improved connectivity, in conjunction
with other Strategies for incentives and abatements targeted at residential development,
are the impetus to spark private investment.
A downtown residential community is the engine for continued downtown revitalization.
It is the engine to energize retail, restaurant, and office growth and the key to sustainable
growth in tourism, convention. entertainment and hotel markets. Creating Downtown
Neighborhoods that are active 2417 is the key to expanding these other markets.
WhIle the recommended actlOns. detailed in the attachment, focus on the types of
resIdential environments likely to develop in the detailed focus area the broader focus
area, identified in yellow on the previous map, provides significant potential for
revitalizatIOn of surrounding blighted and declining residential neighborhoods.
Revitalization of these areas will be Important in providing desirable housing for middle
and lower income residents working In a reVItalized downtown.
November 2006
5
-
STRA TEGY TWO - INFRASTRUCTURE
Create a phased plan to make sidewalk improvements at minimum one block at a
tune:
a. Consistent and walkable sidewalks with pedestrian scale lighting,
emphasIzing down lighting, safety, and ADA accessibility.
b. Electrical, Fiber Optic, and Irrigation upgrades installed during sidewalk
improvement process.
c. Informational WiFi Kiosks at bus stops including interactive GPS bus
locations, including wayfmding, and opportunities for business
advert is mg.
d. WiFi prepaid parking meters.
Improve streets, intersections, connectivity and wayfmding signage entering,
between. and exiting all downtown.
a. Improve street rideability and brick paver installation.
b. Traffic Engineering should provide recommendations to improve the
traffic flow between all downtown areas and particularly after peak events
to offer citizens the ability to spend their entire day/evening in downtown.
c. Improvt~ traffic connectivity between S.E.A. town and DTown with
emphaSiS on looking at Chaparral St. Continuing southward toward 137 as
a two-way arterial with parallel parking.
d. Where feasible, East/West streets in Dtown then become one-lane, one-
way with angled parking to reclaim and add more street level parking in
the DT(,wn area
"{ Continue to support Marina Improvements understanding our unique downtown
asset on water.
a. Maximize visibility & usage, improve landscaping, and tourist
retail/commercial interactivity on the T -Heads.
b. SuppoI1 & Encourage a regional high speed water taxi to transport local
commuters and tourists from Downtown to Packery Channel, Port
Aransas. Ingleside, and Rockport.
STRA TEGY THREE - POLICIES AND STRA TEGIES
I. Increase residential development by:
a. Incentives for residential conversions and new residential construction
b. Providing incentives for retail and entertainment amenities - such as
grocers. drug stores, specialized retail, private cable or satellite television
systems. and cinemas - to serve existing and future residents
c. Working with other public entities and the business community to enhance
the availability and convenience of public transportation so that living
downtown becomes a more attractive option.
November 2006
6
Create a special plannmg and maintenance district (or adjust existing Bayfront
zoning districts) to meet the following goals:
a. Providing increased standards for the physical appearance and
maintenance of buildings. For example, the boarding of ground floor
windows of vacant buildings should be prohibited, and minimum window
frontage requirements for new construction would create a more attractive
and pedestrian-friendly appearance.
h. I mplementing "adaptive reuse" principles in rehabilitating vacant and
underutilized buildings for new uses. Such principles include the relaxing
of parkmg, density. and other zoning regulations, flexibility in complying
with bUilding code requirements, and streamlining of the project approval
process
'\. Create standards for designating downtown buildings as blighted and enforce
those standards
a. The stigma of having a deteriorated building in Corpus Christi designated
as blighted would encourage the property owner to redevelop or sell the
property.
b. The City, at its option, could mspect and perform needed maintenance on
blighted buildings and charge the owner for this work. Ifunpaid, the City
could take a lien on the property to secure payment.
c. A designation of a property as blighted under these standards could also be
used as an initIal step in condemnation proceedings and as evidence in
support of state and federal redevelopment grant applications.
4. Code enforcement must be swift and certain. Because of the importance of
downtown to (JUT city's economic development efforts, code enforcement cases in
the downtown area should be fast-tracked at all stages of the process, including
calling for monthly Building Standards Board meetings to allow more constant
rev Ie\\' .
STRA TEGY FOUR-BUSINESS DEVELOPMENT
Recruit more retail and commercial businesses to Downtown.
a. Encourage the creation of a Downtown Merchants Association to work in
partnership to work in partnership with the city's Downtown Task Force
(DTF) which is described in strategy 6 and other groups. This group can
function as advocates for the downtown merchants.
b Continue to target city incentives such as tax credits, tax abatement and
reduction of permitting fees to the downtown area helping to recruit
business to the area.
c Support new businesses during the fIrst 12 months of operation through
the creation of rent buy down programs.
d"-pprove the use of a marketing program to draw more pedestrian traffic to
downtown businesses.
November 2006
7
e. Market downtown to existing local businesses to encourage them to open
locations in downtown.
.~
Support existing downtown businesses.
a. Encourage Downtown Management District to finalize plans for a
downtown market, encouraging participation from downtown merchants.
b. Full scale development of a WiFi community portal to assist downtown
merchants in marketing of their businesses.
c. Encourage the participation of local financial institutions to provide for
loan pools and rent buy downs for downtown businesses.
The DRC recommends that pnority be given to local merchants to reflect the local flavor
of Corpus ChrIsti. Local art groups, Del Mar College and Texas A & M University
should be encouraged to support the development of downtown retail shops, restaurants
and residential development showcasing local talent.
STRA TEGY F1VE- M4RKETING
Brand downtown as a "Destination" by creating a visual identity and design
standards fOl publicly funded items such as logos, signage, wayfmding,
downtown entry way and pedestrian information kiosks.
Develop a strategic marketing plan focusing on culture, residential, new and
existing businesses, tourism. entrepreneurs, and the community using traditional
and ne\\ medIa.
Enhance and develop the downtown "experience" by establishing consistent
public event~ and art experiences which could include: Wednesday night
Sailboat Sunset Festival, murals, decorated benches and bus stops, permanent art
installations, outdoor markets and park events.
STRA TEGY SIX - ORGANIZA T10NAL STRUCTURE
Establish a new and visible symbol of the City's commitment to renewal and to a
new future for downtown Corpus Christi by creating a Downtown Task Force,
headed by Economic Development and composed on city staff from various
departments to expedite and foster development in the downtown area as defmed
by the DRe. The DRC further recommends that at least one additional staff
member be added to the Economic Development Department to help coordinate
this task force and aSSIst with implementation of this plan, including monitoring
of progress
")
The Task Force will also research and bring forth recommendations to the City
Council and Clty Manager on a financing plan for the implementation of this plan,
with possible funding sources including use of annual budget resources, capital
November 200h
8
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Improvement bond program financing, utility revenue bonds, tax free housing
fmance bonds, federal and state grant funds, other public and private funding
sources mcluding local sources such as the RT A, and a tax increment financing
zone (TIF),
ORC members will establish an advocacy group (or enhance an existing group
such as the Heart) which will help move the downtown agenda forward, work
proactively wit h other organizations and invite the membership and participation
all interested groups and individuals, including the City Council.
CONCLUSION
The ORC effort is only the beginning of a process that must involve a wide range of
interests and stakeholders continuously in the future. This report must be viewed as a
living document, subject to re-thinking based on future opportunities and challenges.
Unfortunately. there are no easy answers or simple solutions to redevelopment. The
ORe, however. hope~ that these recommendations will be the foundation for a more
vigorous renewal of downtown Corpus Christi and result in:
· More economic activity, particularly housing and commercial;
. Less under utilized land;
. Fewer vacant buildings; and
· An aesthetically pleasing, cherished heart for the community.
November 200h
9
20
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 11/14/06)
Case No. 1006-01- Y oonS! Men's Christian Association of Corpus Christi (YMCA): A change of
zoning from an "A-I" Apartment House District to an "A-2" Apartment House District. The property
being North half or Tract '''\'' of the Stillman Tract, located between S. Carancahua Street and Upper
South Broadway, adlacent 10 the eXlstmg YMCA budding.
PlanninS! Commission and Staff's Recommendation 00/04/06): Approval of a change of zoning from
an "A 1" Apartment House District to an "A-2" Apartment House DIStriCt.
Ieauested Council Action: Approval of a change zomng from an "A- 1" Apartment House District to
an "A-2" Apartment House DIstnct
Sammarv:
. The Request: The applIcant IS requestmg a change of zoning for 0.174 acresl7,571 square feet from
"A-l" Apartment House DistrIct to "A-.2" Apartment House District for the expansion of the YMCA
bUlldmg currently located on the adjacent property to the south,
. Zoning: YMCA lS not permItted to expand onto the property zoned "A-I" because this district does
not permit the location of non-profit mstitutions, The remainder parcels owned by YMCA are
located on property zoned "A-2" Apartment House District, which does permit the location of non-
profit mstltutions. The zone change request for thIS portion of property will continue the "A-2"
zonmg to the entIre property O\vned by )"MeA
· "A" Apartment Hom.e Dlstnct prOVIdes for medlUm-densIty, multiple-family residences, garden-
type apartments. assisted livmg facditJes, and the conversion of existing dwellings to apartments in
older sectlOns of the cIty. The minimum lot SIze reqUIred is 6,000 square feet, with a maximum
denSIty of 21.78 dwellmg umts per acre, The mmlmum front yard setback is twenty (20) feet with
five (5) foot sIde and rear yards. The maximum height of dwellings may be forty-five (45) feet. The
open space reqUlremen1 IS 35% of the total lot area
. "A.2" Apartment House DIstrICt proVIdes for the hIghest density residential, transient residences, and
certain institutional uses. It is generally located near or within the central part of the city. The
mmlmum lot size reqUIred is 6,000 square feet, WIth a maximum density of 36.30 dwelling units per
acre The mimmum front yard setback IS twenty (20) feet with five (5) foot side and rear yards, The
maximum heIght of dwellings may he SIXty (60) feet The open space requirement is 30% of the total
101 area
· Existing Land Use: fhe subject property Is located adjacent to the existing YMCA building
complex and is being sllbdivided OUl of Tract "A" of the Stillman Tract.
\genda l\kmurandum
ase No i 1!06-0 1 (Young \ten s Cmstlan ASSOCldllon ill CC)
Page 2
. Ctilities: ConnectIOn to Jtihtles wIll be determIned dunng the platting process. An 8-inch water line
and J 1 O~Inch wastewate' line are availahle at the subject property.
. Transportation: Appro\.imately 200 square feet of the new YMCA building will be located on the
subject property for the lOne change. Based on 200 square feet, an additional traffic generation of
72. -.; vehlcle tnp ends per day IS expected. ThlS IS calculated for Sunday, the busiest peak day
accordmg to the InstitutL' of TransportatJon Engineers Trip Generation Manual. The property will be
sen cd by Upper South Broadway and South Carancahua Street. Upper South Broadway is a
deSignated C-2 Secondary C'ollector and South Carancahua Street is a designated C-3 Primary
CoJ1ector in the lrban T ransportatlOT1 Plan.
Notification: Of the one (1 notice malled 10 the surroundIng property owners, zero (0) were returned in
favor and zero (0) were returned In oppOSltlOn The 20%1 rule is not invoked. This case is considered
non-controversial.
~~1\.i1
Deborah A. Marroquin, P.E.
Intenm Director of Developme
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MG/FGM/blp
Attachments:
1) ZonIng Report
2) ZonIng Map
3) Planning Commlsslon Mmutes (10/04/06)
4) Ordinance
H\PLN-D1R\SHARED\Beveriy\2006' C\1 006-01 AGENDAMEMOdoc
CITY COUNCIL
ZONING REPORT
Case No. 1 006-01
Planning Commission Hearing Date: October 4, 2006
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I Applicant : Young Men's ChrIstian Association of Corpus Christi (YMCA)
I Owner Same as applicant
! Agent: Murray Bass Jr/ Bass & Welsh Engineering
I Legal Description/Location: North half or Tract "A" of the Stillman Tract, located between S.
I Carancahua Streel and Upper South Broadway, adjacent to the existing YMCA building.
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i From: "A-I" Apartment House District
! To: "A-2" Apartment House District
! Area: 0.174 acres 17,571 sq. ft
I Purpose of Request: To allow for the expansion of the YMCA building.
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r.'West "A-2" Apartme~~Hou~~'~-~, Pr
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, DIstrict! AB" ProfeSSIOnal
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Existing Land Use Future Land Use
blic/Semi-public Commercial
ofessional Office Commercial
-------"
blic/Semi-public Commercial
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acant Commercial
ofessional Office Commercial
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i Future Land Use Plan: The future land use plan recommends commercial uses. The request for
I the expansion oflhe existing .YMCA buildmg is generally consistent with the future land use
[ plan.
I
i Map No. 04504-1.
, Zoning Violations: None
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ase No (lUb-01 iYM: A)
Page 2
. The Request: The applicant is requesting a change of zoning for 0.174 acresl7,571 square
feet from "A 1" Apartment House District to "A-2" Apartment House District for the
expansIOn of the YMCA building currently located on the adjacent property to the south.
. Zoning 'VM( A is not pemlltted to expand onto the property zoned "A-I" because this
dlStrICl does not permit the location of non-profit mstitutlons. The remainder parcels owned
bv YMCA arc located on property zoned "A-2" Apartment House District, which does permit
the locatIOn 01 non-profit mst]tutions. The zone change request for this portion of property
\\ 111 contmue he" A.-2" lOnmg to the entlre property owned by YMCA.
. .. A-I" Apartment House Dlstnct prOVides for medium-density, multiple-family residences,
garderHype anartments. assIsted hving faCIlitIes, and the conversion of existing dwellings to
apartments in older sectlOns of the city The mimmum lot size required is 6,000 square feet,
WIth a maximum density of 2178 dwellmg units per acre. The minimum front yard setback is
twenty (20) feet With five (5) foot side and rear yards. The maximum height of dwellings
may be forty,'nre (45) feet 1'he open "pace requirement IS 35% of the total lot area.
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"A-1" Apartment House DIstrict provides for the highest density residential, transient
resIdem:es. and certam msl1tutlOnal uses. It]s generally located near or within the central part
of the uly 'PIe mm]mum 101 s]ze reqUIred IS 6,000 square feet, with a maximum density of
36.30 dwelling umts per acre The mmimum front yard setback is twenty (20) feet with five
i 5) fOOl side and rear yards. rhe maximum heighl of dwellings may be sixty (60) feet. The
open space reqUIrement is 30"/" of the 10tallot area
Existing Land Use: The subject property IS located adjacent to the existing YMCA building
complex ands bemg subdivided out of Tract "A" of the Stillman Tract.
. Utilities: ConnectlOn to utiht]es will be determined during the platting process. An 8-inch
water Ime aml a lO-inch wastewater Ime are available at the subject property.
. Transportation: ApproXImately 200 square feet of the new YMCA building will be located
on the subject property for the zone change. Based on 200 square feet, an additional traffic
generation ot 72.75 vehicle tnp ends per day is expected. This is calculated for Sunday, the
bUSiest peak day according 10 the Institute of Transportation Engineers Trip Generation
Manual. The property WIll be served by Upper South Broadway and South Carancahua
Street Upper South Broadway is a designated C-2 Secondary Collector and South
Carancahua ~treet IS a deSignated C-3 Pnmary Collector in the Urban Transportation Plan.
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Type
Planned ROW I Pavement
-r--__Existing ROW I Pavement
65 feet (41 feet back to back)
Existing Volume
2001
2,530 ADT
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4,720 ADT
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rhe adjacent property IS developed with the existmg YMCA building. Expansion and renovation
of the YMCA bUIlding will consIst of a 200 square feet expansion onto the subject property;
therefore the zone change request was requIred, The adjacent property is zoned "A-2" Apartment
House Dlstnct.
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Approval of the "<\-2" Apartment House DIStrict
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i Number of Notices Mailed 1 (all property within 200 feet is owned by the YMCA)
i Favor: 0
I Opposition 0
I U\S of October 4. 1006\
Attachment: Zoning Map
H:\PLN-D IR\SHARED\BeverlyI2006 PC'ZO\;RPTS\October\CC Repons] 006-01 CC YMCA Zoning Report,doc
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Z100601
F.~ r:,rm Rural Oistot:
R-TH pwnholJ!>e Dwelling Oislnc
RE Resident.at estalf' Distnct
R~2 ~ultiple Dwelling Oistri(::j
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A~1 -..io,p.nment Hou:;c':> Oislrlct
A-1 A i\pIInmenl Hou". DIS1ricl
A~2 .::.partment House District
City of CorpUS Christl, Texas
AT A.partment.Tourlst DIstnc::
AS PrOhtSSlonal Office Dis1f1c!
Department of Development SerYlce~
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t;-,A Neighborhood Busin... District
1-2 Light Incluetrlel Oletrlct
1-3 He.YY Incluetrl.1 Dlet,let
Sf Specllll Permit
PUO PI.nned Unit Development
B-2.4 Barrier Island Busine.s District
8-:2 Bayfront Businesl District
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8.3 Bus.iness District
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8-5 Primary Bu.,ness District
8-6 Primary Business Core District
1.1 Limited IndusHial District
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - October 4, 2006
5:30 P.M.
IV. ZONING
New Zoning
Case No 1006-01 - Young Men's Christian Association: A change of
zonmg from .. A-I" Apartment House District to an "A-2"
Apartment House District
North half or Tract "A" of the Stillman Tract, located between S.
Carancahua Street and Upper South Broadway, adjacent to the
existmg YMCA building.
Shannon Murpny presented the above case requesting an "A-2" Apartment House
District for expansion of a YMCA buildmg located between Carancahua Street and Upper South
Broadway. The change in zoning to an "A-2" Apartment House District is required because a
non-profit mstitutIOn is not permItted in an "A-I" Apartment House District. The expansion will
consIst of 200 square feet overlapping the subject property from the adjacent property which is
owned by the '{Me A. Surroundmg land use consists of commercial use and medium to high
resldentm1 \'lith the zomng request bemg consistent with the future land use plan. There was only
one 1.1 ) notice mailed a" all property within the 200 square feet is owned by the YMCA. Staff
recommends approval.
Public hearing \\as opened.
Frank Tnmbe, WKMC ArchItects (representative), 909 S. Tancahua, Corpus Christi,
Texas stated that the property whIch is located to the south of the subject property will overlap by
a mmImal amOUn1.
Public hearing \'vas closed
Motion for approval of an "A-2" Apartment House District was made by Commissioner
Skrobarczyk and seconded by Commissioner Huerta. Motion passed unanimously with
Comm1ssioners Braselton and Pusley being absent
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
YOUNG MEN'S CHRISTIAN ASSOCIATION OF CORPUS CHRISTI
(YMCA), BY CHANGING THE ZONING MAP IN REFERENCE TO
NORTH HALF OR TRACT "A" OF THE STILLMAN TRACT, FROM
"A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A PENALTY; 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 Young Men's
Christian Association of Corpus Christi (YMCA), 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, October 4, 2006, during a meeting of the Planning Commission, and
on Tuesday, November 14, 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
'NHEREAS, the City Council has determined that this amendment would best
serve public health, necessity, and convenience and the general welfare of the
City of Corpus Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTL TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on North half or Tract "A" of the Stillman Tract,
located between S. Carancahua Street and Upper South Broadway, adjacent to
the existing YMCA building from "A-1" Apartment House District to "A-2"
Apartment House Distnct. (Map 045044) (Exhibit)
SECTION 2. 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 3. That the Zoning Ordinance and Zoning Map of the City of Corpus
ChristL Texas, approved on the 27th day of August, 1937, as amended from time
to time, except as changed by this ordinance and any other ordinances adopted
on this date, remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance. as amended by this ordinance.
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this
ordinance are hereby expressly repealed.
SECTION 6. A vIolation of this ordinance or requirements implemented under
this ordinance constitutes an offense punishable under Section 1-6 of the City
Code of Ordinances.
SECTION 7. That publication shall be made in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members,
copy attached, the City Council finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and suspends the Charter rule as to consideration and voting upon
ordinances at two regular meetings so that this ordinance is passed upon first
reading as an emergency measure on this 14th day of November, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 8,2006.
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Assistant City Attorney
For City Attorney
Henry Garrett.
Mayor, City of Corpus Christi
H:\LEG-OIR\Jeannle\Gary\1006-C' YMCA reg.doc
Page 3 of 3
Corpus Christi. Texas
_ day of___ ___ 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus C h nsti 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
~s introduced, or at the present meeting of the City Council.
Respectfully,
Respectfu lIy I
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
WMliam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H:\lEG-DIR\Jeannle\Gary\1006-01 YMCA reg doc
MURRAY BASS, JR., P.E., R.P.L.S.
NIXON M WELSH, PB, R.P.L.S
3054 S. ALAMEDA, ZIP 78404
PH. 361 882-5521 - FAX 361882-1265
BASS & WELSH ENGINEERING
P.O. Box 6397
Corpus Christi, TX 78466-6397
FIELD NOTE DESCRIPTION
September 12. 2006
Being a tract situated in Corpus Christi, Nueces County, Texas, described as the north half or Tract "A" of the
StOlman Tract and being more particularly described by metes and bounds as follows:
ItEGlNNING at the southeast corner of the north half of the Stillman Tract, being the northeast comer of the
lOuth half ofthe StHlman Tract, said point lying in the west right-of-way line of Upper South Broadway whence
a one inch iron pipe found for the northeast corner of Lot 4, Brayton Tract, bears S 10 41' 44" Eat 225.13 feet;
THENCE S 800 58' 40" W along the south line of the north half of the Stillman Tract, a distance of 155.45 feet
tD the existing northwest corner of the south half of the Stillman Tract and the southwest comer of this tract,
said point lying in the southeast right-of-way line of the Midtown Traffic Exchange;
THENCE N 470 23' 02" E along the southeast right-of-way line of the Midtown Traffic Exchange. a distance of
134.01 feet to a point for the northwest corner of this tract;
THENCE continuing along the south right-ot-way line of the Midtown Traffic Exchange, N 870 52' 54" E, a
distance of 52.92 teet to a point for the northeast corner of this tract. said point lying In the west right-of-way
line of Upper South Broadway;
THENCE S 1041' 44" E along the west right-at-way line of Upper South Broadway, a distance of 68.34 feet to
the POINT OF BEGINNING forming a tract embracing 7,571.00 square feet (0.174 acres).
Note: Bearings are Slate of TeXIS, Lambert Grid, South Zone NAD. 1927, U.S. Feet.
16028 Field Note Desc.doc
()J&l (00'0.. 0 \
...
21
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City ('ouncil Actlon Date: ] 1/14/06)
Case No. 1006-02 - J.P. Global Investments. Inc" A change of zoning from a "R-IB" One-family
Dwelling District, "A-I" Apartment House District. "B-2" Bayfront Business District and "1-3" Heavy
Industr!al Dlstnct to a "R-I " ResIdentIal Estate DIstnct. fhe property being 17.441 acres of Lots 9 and
10 out of SectIon 54, Flour Bluff and Enema] Farm and Garden Tracts, located on the northwest side of
Laguna Shores Road betwel'n Lola Johnson Road and Hustlin' Hornet Drive (Purdue Road).
~nnin2: Commission and Staff's Recommendation 00/04/06): Approval ofa change of zoning from
a "R-l B" One-family Dwelling District. "A-]" Apartment House Distnct, "B-2" Bayfront Business
DistrICt and "1.3" Heavy Industnal DIstrict to a "R-F" ReSidential Estate District.
ReQuested Council Action: Approval of a change of zonmg from a "R-IB" One-family Dwelling
District" A-I" Apartment House Distnct, "B-2" Bayfront Business District and "1-3" Heavy Industrial
District to a "R -E" ResIden1lal Estate DIstnct.
Summary:
· The Request: The applh:ant IS requesting a change of zomng for 17441 acres from
"R-l B" One-famIly D\\ elling DIstnct. A-I" Apartment House District, "B-2" Bayfront Business
Distnct and "1-3" Heavy Industrial DIstrict to "R-E" ResidentIal Estate Dwelling District for
development of a large lot subdiVISIOn Except for some wetlands and a pond the property is vacant.
The applIcant proposes t\; construct a l4 lot subdiVIsion on the property.
· Zoning: The purpose of the "R-E" DIstrIct is to provIde for smgle-family residential development on
large lots, In l\rtic1e 24 of the Zonmg Ordinance, the "R-E" District requires a minimum lot size of
one !,1 acre or 4:-t.560 square feet, With a maximum density of one dwelling per acre. The minimum
front yard setback IS fif;y (50) feet \\'Ith twenty,five (25) foot side and rear yards. The maximum
height of dwellmgs ma) be 35 feet, Each lot m the "R-E" District must contain at least 150 feet of
frontage There I~ no open space reqUlrernent m the "R-E" District.
· Existing Land rse: The tract IS bemg subdiVIded out of Flour Bluff and Encinal Farm and Garden
Tracts. SectIon 54 Lots 'I and 10 and IS currently undeveloped.
· Utilities: Connection to utilitIes w1l1 be determined dunng the plattmg process. The proposed single-
famIly development wi] connect to the City's water system through a 6 inch or 8 inch water line
dependIng of Fire Depar1ment flow requirements An 8 inch wastewater line may be required to
senlce the property as the CIty's policy IS to connect to the City wastewater system if a wastewater
lIne is available WIthIn one mIle of the ~ubject property. The nearest water and wastewater lines are
10caIed on Hustlin Hornet Dnve (Purdue Road) approxImately 500 feet west of the subject
properlY s \I,/est property line extended tc, . Hustlin Hornet Drive (Purdue Road).
'IIlIJIit, .,,,,,,
:\genda \lemorandum
Case No 006-02 I J P Cobal 1m stments, 1m
Page 2
Transportation: Development of thIS property with the proposed large lot subdivision could generate
approxImately 133 \ ehide lnp ends per day. The property wIll be served by Laguna Shores Road.
Laguna Shores Road lS a designated P-1 Park'Way Collector Street in the Urban Transportation Plan.
Laguna Shores Road, between Husthn' Hornet Drive (Purdue Road) and Graham Road is in the City's
2004 Bond Program for con structIon of two 12 foot Janes, two 4 foot shoulders without cur and gutter.
No utilIty work, SIdewalks, ,~urb and gutter or street lJghtIng will be Included. Project completion is
scheduled for May 2008
Netification: or the fort)-four (44) notIces maIled to the surroundIng property owners, one (1) was
returned in favor and zero (0) were returned In oppOSItIOn The 20% rule is not invoked. This case is
considered non-controversial.
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Intenm Director of Development ~ces
MG/FGM/blp
Attachments:
1) ZonIng Report
2) ZonIng Map
3) Planning CommISShlTI MInutes (10/04/06)
4) Ordinance
H\PLN -D 1 R\S HARED\Bever:y\2006C\] 006-02;\GEN Dil M EMOdo(
CITY COUNCIL
ZONING REPORT
Case No.. 1006-02
Planning Commission Hearing Date: October 4,2006
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Applicant lP Global Investments. Ine.
Owner: Same as applicant
Agent: Dan Urban, Urban Engineermg
Legal Description/Location: 17441 acres of Lots 9 and 10 out of Section 54, Flour Bluff and
Encinal Farm and Garden Tracts, located on the northwest side of Laguna Shores Road between
lo]a Johnson Road and 'Hustlm Hornet Dnve (Purdue Road)
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From: "R-l B" One-family Dwellmg Distnct, "A-1" Apartment House District, "B-2" Bayfront
Business Dlstrict and "1-3" Heavy Industrial District
To: "R-E" Residential Estate District
Area: ] 7.441 acres / 759,730 sq. f1.
Purpose of Request: To develop a single famlly subdivision.
---Z~~i;;g - i--
:~=IB" O;e-family D;-~lling I Va
Dlstrict, '<\-1" Apartment .
House Dlstrict, "B-2"
Bayfront Busmess Distnct
and "1-3" Heavy Industnal
Dlstrict L
"R-IB" One-family Dwelling !L:O
Dlstrict -- --__ I
"1-3" Heavy IndustnaL "B-2" i Va
Bayfront Busmess, "A-I" . P
Apartment House, and "R-2"
Multi Ie Dwellmg Distrlcts I
"R-IB" One-family Dwelling I Va
Dlstrict !
"R-IB"One-fa~ilyD~elling I Va
DJstrict ! de
Existing Land Vse Future Land Use
cant land Medium density residential
w density residentJaI Medium density residential
cant land with a wetland Medium density residential
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cant land Low density residential
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cant land and low Commercial
nsity residential --
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Q.. = Future Land Use Plan The future land use plan recommends medium density residential. The
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... - Map No.: 03503O! 03502lJ
a ~ Zoning Violatiom: None
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· The Request: The applicant is requesting a change of zoning for 17.441 acres from "R-IB"
()ne-ramlly : )wellmg Distnct, "A-I' Apartment House District, "B-2" Bayfront Business
Distn..:t and 1-3" Hea\'y Industrial District to "R-E" Residential Estate Dwelling District for
,ievelopment ()f a large lot-;ubdivision Except for some wetlands and a pond the property is
acam The ,;DpllCant proposes to construct a 14 lot subdivision on the property.
· Zoning: rh, pUrpOSe of the "R-F' [)]stnct IS to provlde for single-family residential
..1evel,)pment ,m large lot::, In Article 24 of the Zoning Ordinance, the "R-E" District requires
<l mmllnum ,t size 01 acrt or 43,560 square feet, with a maximum density of one dwelling
per a,:re He mmlmum front yard setback IS fifty (50 I feet with twenty-five (25) foot side
md rear yards. The 'TIa~.lmum helght of dwellmgs may be 35 feet. Each lot in the "R-E"
:hS1TH..:t mus' contain 31 leas! 150 feel of frontage. There is no open space requirement in the
'R-E Dlstn
. Existing Land t:sc: rhe tract is being subdlvided out of Flour Bluff and Encinal Farm and
(Jarden Trac..;. Section 54, lots 9 and] 0 and is currently undeveloped.
· Otilitics: ConnectlOn to uttl111es w1ll be determined dunng the platting process. The proposed
..;mgle-famil:: development will connect to the City's water system through a 6 inch or 8 inch
.vater 1ine dependmg of FIre Department flow requirements. An 8 inch wastewater line may
')e reqUIred III sen'1Ce the property as the City's policy is to connect to the City wastewater
;ystem If a \\astewater line : ~ avarlable wlthm one mile of the subject property. The nearest
'atel and -vastewater ]mes are located on 'Hustlin Hornet Drive (Purdue Road)
approxImate 500 feet west nfthe subject property's west property line extended to 'Hustlin
Hornet Drive (Purdue Road)
· Transportation: Development of thIS property WIth the proposed large lot subdivision could
generate approxImately 133 vehicle tnp ends per day. The property will be served by Laguna
Shore~ Road Laguna Shores Road IS a deSIgnated P-l Parkway Collector Street in the Urban
fransportatlOn Plan Laguna Shores Road, between 'Hustlin Hornet Drive (Purdue Road)
,md (rraham Road IS n the (' Ity' s 2004 Bond Program for construction of two 12 foot lanes,
wo ..:. foot s:loulders Without cur and gutter. No utility work, sidewalks, curb and gutter or
"treel l1ghtin", wlll be Included. Project completion is scheduled for May 2008.
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Existing Volume
2001
4,210 ADT
Tvpe
Planned ROW / Pavement
Existin ROW / Pavement
80 feet (40 feet back to back)
60 feet (20 avement/no curb)
, 60 feet (40 feet back to back)
60 feet (40 feet back to back)
laguna Shores Road
J> ,I Parkwa)
(ollector
Husthn Hornet] )rive
(Purdue Road)
( ",
Collector
1 ,490 ADT
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i: ~ The applicant ha', filed a plat applIcation lor a subdIvision With the City.
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· Development 0 the sIte for a large lot subdIvIsIon is compatible with existing uses in the area,
· Rezomng to the 'REO. Residenttal Estate DistrIct would "clean-up" an incompatible zoning
pattern of "1-3' Heavy' IndustrIaL "B-2" Bayfront Business, "A-2" Apartment House and "R-
IB" One-FamiL Dwelling DIstncts.
· [he 10\\ densit) character 01 the proposed distnct is appropriate for this low lying area and is
generally more ~ensltlve to the surround natural wetland habitats than a higher density district.
· [he City IS III the process of improving Laguna Shores Road which will serve the development.
Approval of the "RE" ResIdential Estate DIstrict
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Number of Notice~ Mailed: 44
Favor: 0
OppOSItIOn 0
(As of October 4, 2006)
Attachment
Zonmg Man
HIPLN-DIR 8HARFD\Beverlv\2006 h \ZONRPTS'Oc,ober 1006-02 lP Global Investments Inc ('C Zoning Report.doc
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Notice Map
R.TH T_se o-IIing o.u;a
.., NeIgIo!>-l~....... DIs1rict
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B-3 ....... DleIrlcI
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11-5 PIinwy __ DilItrict
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41 .....-t.T_ DilItrict
AS ............. 0IIic:e DilIlrict
o 100 200
400
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- -
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Connell Chambers- City Hall
Wednesday - October 4, 2006
5:30 P.M.
IV. ZONING
2. ~ ew Zoning
b Case No. 1006-02 - J.P. Global Investments, Inc.: A change of
zoning from an "1-3" Heavy Industrial District, "B-2" Barrier
Island Business District, "A-I" Apartment House District, and
"R-l B" One-family Dwelling District to a "RE" Residential Estate
District ._
A portion of Lots 9 and 10 out of Section 54, Flour Bluff and
Encinal Fann and Garden Tracts, located on the northwest side of
Laguna Shores Road between Lola Johnson Road and 'Hustlin
Hornet Drive (Purdue Road).
Shannon Murphy presented the above case requesting an "RE" Residential Estate District
fOr development of a 14 lot subdivision. The subject property is located between Lola Johnson
llload and 'Hustlin Hornet Drive with surrounding land use consisting of vacant land and low
density residential. The subject property consists of vacant land and wetlands and is compatible
with the future land use. There were forty-four notices (44) mailed out with one (1) received in
favor and zero (0) received in opposition. Staff recommends approval and noted that the City is
in the process of Improving Laguna Shores Road which will improve development in this area,
PublIc hearing was opened.
No one was present in favor or opposition.
Public hearing was closed.
Motion for approval of an "RE" Residential Estate District was made by Vice-Chairman
Garza and seconded by Commissioner Huerta. Motion passed unanimously with Commissioners
.Braselton and Pusley being absent.
.....
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY J.P.
GLOBAL INVESTMENTS, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO 17.441 ACRES OUT OF LOTS 9 AND 10, OUT OF
SECTION 54, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "R-1 B" ONE-FAMILY DWELLING DISTRICT, "A-1"
APARTMENT HOUSE DISTRICT, "B_2" BAYFRONT BUSINESS
DISTRICT AND "1-3" HEAVY INDUSTRIAL DISTRICT TO "R-E"
RESIDENTIAL ESTATE DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
PENALTY; 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 J.P. Global Investments, Inc., 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,
October 4, 2006, during a meeting of the Planning Commission, and on Tuesday,
November 14, 2006, during a meeting of the City Council, in the Council Chambers, at
City Hall, In the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 17.441 acres of Lots 9 and 10 out of Section 54,
Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest side of
Laguna Shores Road between Lola Johnson Road and Hustlin' Hornet Road (Purdue
Road) from "R-1 B" One-Family Dwelling District, "A-1" Apartment House District, "B_2"
Bayfront Business District and "1-3" Heavy Industrial District to "RE" Residential Estate
District (Map 035030) (Exhibit)
SECTION 2. 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 3. 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 time,
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11- -. 4\1 D06-02JP.Globallnvestmentslncreg.doc
Page 2 of 3
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance. as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upor: written request of the Mayor or five Council members, copy
attached the City Council finds and declares an emergency due to the need for
Immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 14th day of November, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 8, 2006.
Henry Garrett
Mayor, City of Corpus Christi
aty 8m ith
Assistant City Attorney
For City Attorney
ri \LEG-DIR\Shared\GaryS\agenda\;'006\1' -14\1 006-02J PGloballnveslmenlslnc.reg.doc
Page 3 of 3
Corpus Christi 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 requiring suspension of the Charter rule as to consideration and
votillg upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfu lly I
Respectfu lIy,
.__.__ _...."__ M_~~ ...~_, .__ .._.-_.- _._--""~..,,.,---.
Hen ry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
WHliam Kelly
Rex A Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H:\LEG-DIR\Shared\GaryS\agenda ,.2006\ 11-14\ 1 006-02J. P Globallnvestmentslnc.reg.doc
lLI
U..AII
ENGINEERING
Job No. 40065.00.00
September 8, 2006
17.441 acres
State of Texas
Count of Nueces
Filednotes for the rezoning of a 17.441 acre tract of land (not based on an on-the-
ground survey) out of Lot 9 and 10, Section 54, Flour Bluff and Encinal Fann and
Garden Tracts, a map of which is recorded under Volume A, Pages 41-43, Map Records
ofNueces County, Texas; said 17.441 acre tract being more fully described by metes and
bounds as follows:
Beginning at a point on the centerline of Laguna Shores Road, a 60.00 foot wide
public roadway, from which the centerline intersection of Lola Johnson Road, a 40.00
foot wide public roadway and said Laguna Shores Road, bears North 29000' 44" East, a
distance of 150.00 feet.
Thence, South 29000'44" West, along the centerline of said Laguna Shores Road,
a dIstance of 1 ,] 75.09 feet for the south comer of this tract;
Thence, North 61003'20" West, at 30.00 feet pass the northwest boundary of said
Laguna Shores Road, in all a total distance of 408.02 feet for a corner of this tract;
Thence, North 65015'20" East, a distance of336.25 feet for a comer of this tract;
fhence, North 28037'40" East, a distance of 172.38 feet for a corner of this tract;
Thence, North 00034'50" West, a distance of 138.32 feet for a comer of this tract;
Thence, North 41013'20" West, a distance of 153.75 feet for a comer of this tract;
Thence, North 04006'50" West, a distance of 52.69 feet for a corner of this tract;
Thence, North 61003'20" West, a distance of 660.00 feet for the west comer of
this tract;
Thence, North 29000'00" East, a distance of 515 .07 feet for the north comer of
this tract;
Thence, South 61003'20" East, a distance of 1082.28 feet pass the northwest
boundary of said Laguna Shores Road, in all a total distance of 1112.28 feet to the Point
of Beginning and containing 17.441 Acres (759,732.95 square feet) ofland.
(:361 )864-310:
:;725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404
mail@urbaneng.com
FAX (361 )854-600 1
NtS~ lOO(P,-02.
Bearings are based on the recorded plat of Lola Johnson Belk Addition, a map of
which is recorded in Volume IS, Page 19, Map Records ofNueces County, Texas.
Unless this fieldnotes description, including preamble, seal and signature, appears
in its entirety, in its original form, surveyor assumes no responsibility for its accuracy.
Urban Engineering
81:4 ~I ~
Dan L. Urban, R.P.L.S.
License No. 4710
~.t 100(0"'01,
~.
22
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.\GENDA MEMORANDUM
PUBLIC HEARING - ZONING (Clt) Council ActIOn Date: 11/14/06)
Case No. lOO6-03-EI Paso Cuatro LLC A change of zoning from "B-1" Neighborhood Business
District to a "B-4" General Business District. The property being 2.899 acres or 126,297.23 square feet
out of a portion of Lot 10 known as lob 10E and 10F. Bancroft Farm Lots, located on Villa Drive
approxImately 260 feet nonh of Leopard
ptannine Commission and Staff's Recommendation 00/04/06): Approval of the "B-4" General
Business District on the east 5 22 Al feet of the subject property (Tract 1) and denial of "B-4" on the
west 180 feet of the property (Tract 2). In lieu of, approval of a "B-lISP" Neighborhood Business
District With a Special Permit for a mIni-storage facility with five (5) conditions, subject to the site plan.
ConditIOn;., of the Special Permit on Tract 2 are:
ALLOWED USES. The vnly use authonzed by this Special Permit other than those
permitted by right m the "B- 1" Neighborhood Business District is a mini-storage facility
without outsIde ,.;torage of any type. The development of the mini-storage units must comply
with the standards set forth In the "B-4" General BUSIness District and per the site plan. The
mini-storage umts shall be onented such that the door access to the units do not face the
adjacent residential propertIes
'1
HOURS OF OPERATION The mini-storage facility will have 24-hour access.
3
LIGHTING. ;\11 extenor lIghting must be directIOnal and shielded. Lighting shall be
directed away from adjacent reSIdences and public rights-of-way.
4
FENCING. A~even-foot Ci') non-masonry fence to be Installed along the northwest and
northeast properly lines of Tract 2 abutting existIng single family lots.
"
TIME LIMIT fbis Special Permit expi res two (2) years of the date of this ordinance unless
the property IS being used for the purposes outlined In Condition #1 and all other conditions
have been complIed w1th
Reouested Council Action: Approval of the "B-4" General Business District on the east 522Al feet of
the subject property (Tract 1) and denial of "B-4" on the west 180 feet of the property (Tract 2), in lieu
of, approval of a "B-lISP' NeIghborhood Business District with a Special Permit for a mini-storage
facility WIth five (5) conditIOns, subject to the site plan
'\genda \1emoranoum
C:a.se No 006-03 (EI Pasu Cuatro LC i
Page 2
S1ID1marv :
· Tile Request: The applicant IS requesting a change of zoning for 2.899 acres from "B-1" Neighborhood
Business DIstnct to "B-4" Cleneral Business District for development of a mini-storage facility. The
"8-4" DIStrict allows for endosed mini-storage units without outside storage of any type.
· Zoning The purpose of the "B-] " Neighborhood Busmess DIStrict provides primarily for retail shopping
and personal serVIce uses to be developed to serve the needs of nearby residential subdivisions.
· fhe purpose of the "8-4" General Business District IS to prOVIde sufficient space in appropriate locations
for all types of commercIal and mIscellaneous service actIvities, particularly along certain existing major
streets "..'here a general mix ture of commercIal and serVIce activity now exists, but which uses are not
characterized by extensive \'arehousmg, frequent heavy trucking actiVIty, open storage of material, or the
nuisance' factors of dust, odn, and nOIse assocIated \\ lth manufacturing
· Elisting Land Use: The tract IS 2.899 acres out of Lot i 0 known as Lots 10E and lOF, Bancroft Farm
Lots and is currently undeveloped and not platted.
· Utilities: Connection to utilitIes wIll be determined dUrIng the platting process. The proposed mini-
storage development will connect to the City's water system through an 8 inch or larger water line
dependmg of FIre Department flow requirements. An 8 mch wastewater line may be required to service
the property as the City's )olicy IS to connect to !he CIty wastewater system if a wastewater line is
available wlthm one mIle oj the subject property. The nearest water and wastewater lines are located on
Villa Dnve on whIch the sul1]ect property's fronts.
· Transportation: Development of thIS property with the proposed mmi-storage facility could generate
approxlmately 200 vehicle tnp ends per day The property will be primarily served by Villa Drive, a local
collector street and Leopard Street, a designated arterial street on the Urban Transportation Plan.
Notification: Of the twenty-nine (29) notIces maIled to the surrounding property owners, one (1) was
returned in favor and one ( ) was returned m oppOSItIon. The 20% rule is not invoked. This case is
cOBsidered non-controversial.
~~~~q~~
InterIm Director of Development Services
MG/FGM/blp
AUaclaments:
1) Zoning Report
2) Zonmg Map
3) Zonmg Map of Staff Recommended Alternatlve
4) SIte Plan
5) Planning CommIssion Minutes ( 1 0/04/06)
6) Ordmance
!1\PLN-Dl!~ SIIARED\Beverlv'2006 ( ('II 006-03ACifNlJ\,v, FMO doc
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CITY COUNCIL
ZONING REPORT
Case No. I 006-03
Planning Commission Hearing Date: October 4.2006
~ I: ! Applicant: EI Paso Cuatro LIC
- .S; I Owner Eloy Salazar
I: --
5 ~ .c..1 Agent: Wayne LundqUist Hutch Bryan
::.~ ~ Legal DescriptionlLocation: 2.899 acres or 126,297.23 square feet out ofa portion of Lot 10
~ Q! known ~s Lots IOE and 10E Bancroft Farm Lots. located on Villa Drive approximately 260 feet
~ north of Leopard "treet
-
II
From: HB_l" NeIghborhood Busmess Distnct
To: "B-4" General Business District
Area: 2.899 acres 126.297.23 sq. ft.
Purpose of Request: To develop a mini-storage facility.
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Site I "B-1" NeIghborhood -! Va
Business District i
'North . "R-1~" One-fam~~y Dwelli~
I DIstrIct and "A-I' Apartment I Mu
, House District I anl
South ! "B-4"General Busines;----~
i DIstrict . . .__ ..-----1-
East ! "B-4" General Busmess I Co
I District ---l-
West i "R-1B" One-family Dwellmg I Lo
! District i
.-.. --L... -- ..- .__.__~ _-----L-._
Existing Land Use Future Land Use
cant land Medium density residential
w density residential, Medium density residential
lti-family residential,
d Vacant land
ltels and Vacant land Commercial
-----..---...-
mmerclal Commercial
w density residentIal Single-family residential
. -.-...-."-.--.-.
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Future Land Use Plan Westslde ADP: The future land use plan recommends medium density
residentIal for the,;ubject property.. The request for a general business use is not consistent with
the future land use plan
Map No.. 049045
Zoning Violations None
~
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Page
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· The Request: The applIcant is requesting a change of zoning for 2.899 acres from a
"B-1" Neighborhood Busmess DistrIct to a "B-4" General Business District for development
of a mmi-stordge facility. The "B-4" DistrIct allows for enclosed mini-storage units without
outsIde storage of any type
· Zoning The purpose of the 'B-1" Neighborhood Busmess District provides primarily for
retail -;hoppmg and personal servIce uses to be developed to serve the needs of nearby
residentIal subdivlslom
The purpose of the "B-4" (reneral Busmess District IS to provide sufficient space in
appropnate locatIOns for al! types of commercial and miscellaneous service activities,
partIcularly al\mg -:ertam eXlstmg major streets where a general mixture of commercial and
senIce actIVitv no\\ eXIsts. but which uses are not characterized by extensive warehousing,
frequent heay\ truckmg actIvIty, open storage of matenal, or the nuisance factors of dust,
odor. and noise assocIated WIth manufacturmg.
Existing Land l~se: The tract is 2.899 acres out of Lot 10 known as Lots 10E and 10F,
Bancroft Fam Lots and IS currently undeveloped and not platted.
l tiUties: ConnectIOn tll utllltles will be determined during the platting process. The proposed
mml-storage development \\111 connect to the CIty'S water system through an 8 inch or larger
water !me depending of FIre Department flow requirements. An 8 inch wastewater line may
be requIred te serVIce the property as the City's policy IS to connect to the City wastewater
system if a wastewater line IS available within one mile of the subject property. The nearest
\vater and wa~tewater lmes are located on Villa Drive on which the subject property's fronts.
· Transportation: Development of this property with the proposed mini-storage facility could
generate approximately 200 whicle trIp ends per day. The property will be primarily served
by Villa Drive, a local collector street. and Leopard Street, a designated arterial street on the
lrban TransportatIon Plan
~ Street Type- r Planned ROW / Pavement Existing Volume
r Existin2 ROW / Pavement 2001
C -.-.-- --
Leopard Street Artena] 130 feet (86 feet back to back) 11,850 ADT
~ 130 feet (80 feet pavement/no
.....
~ . curb)
~ "-_"--.._0.._,_,--- -.----.,-- +-
... V dla Drive Local ! 60 feet (40 feet back to back) 320 ADT
....
"- Collector 00 ~eet (24 feet back to back)
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rhe propertv IS nL' platted and l~ !'eqUlred 10 be platted before any building permits are issued.
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(lllmg
ase No 006-0' \ EI Paso ('wuo L
Page
· Development 01 the sIte for a minI-storage facIlity is generally compatible with existing uses in
the area However, staff IS recommending that the rear 180 feet of the property where directly
adjacent to existmg smgle-famlly residences not be rezoned to "B-4" and in lieu of rezoned to
"B-l" wIth an "SP" SpeCial Permit for a minI-storage facility.
rIJ
-= · Rezonmg the rear of the subject property where adjacent to existing single-family residences to
~
S'B- I" wIth an 'SP" Speciai Permit for a mini-storage facility would protect those adjacent
5 reSIdentIal area~ from any future attempt to use the property for incompatible uses permitted in
I:
~ the "B-4" General Busmess DIstrict such as taverns, lounges or bars, amusement places,
= automotIve repair busmesses, etc
~
5
1: · rhe rear portIOn of the property is adjacent to single-family residences, The mini-storage
a. faCIlity may negatively impact these residences, therefore a special permit is recommended for
Q this portIOn of the property (Tract 2). Tract 2 of the subject property is the portion which is
adjacent to the t:xistmg smge-family reSidences which front on Werner Street to the north and
front on East CornelIa Circle to the west. The "B-IISP" NeIghborhood Business District with a
Special Permit tor a mml-storage facility on Tract 2 will protect those adjacent residential
areas from anyuture attempt to use the Tract 2 portion of the property for incompatible uses
whIch are permJtted In the "B-4' General Business DIstrict
Approval of the "f3-4" General Busmess Dlstnct on the east 522.41 feet of the subject property
(Tract 1) and demal of "B-4" on the west 80 feet of the property (Tract 2), in lieu of, approval
of a "B-lISP" Neighborhood Busmess District with a Special Permit for a mini-storage facility
WIth tour (4! conditIOns, subject to the site plan,
(ondltlOns of the \peciaJ PermJt on Tract 2 are:
~ ! . ALLOWED USES, The only use authonzed by thIS Special Permit other than those
<< permltted b\ right In the "B-1" Neighborhood Business District is a mini-storage facility
'E without outSide storage of any type, The development of the mini-storage units must
is comply Wltr! the standards set forth In the "B-4" General Business District. The mini-
S storage um:s shall be oriented such that the door access to the units do not face the
B adjacent reSidentIal propertIes
~
~
~ 2. HOURS OF OPERA TlON The operatlOn of the mmi-storage facility shall be limited to
~ the hours between 8:00 a,m to 10:00 p.m
LIGHTIN(., All extenor hghting must be directional and shielded, Lighting shall be
dIrected away from adjacent residences and public rights-of-way.
4. TIME LIMIT. ThIS SpeCial PermIt expires two (2) years of the date of this ordinance
unless the property is being used for the purposes outlined in Condition #1 and all other
condItions have been complted WIth,
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Page 4
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c\pproval of the "B-4" General Busmess Dlstnct on the east 522.41 feet of the subject property
(Tract 1) and den ial of "B -4" on the west 180 feet of the property (Tract 2), in lieu of, approval
of a "B-l/SP" Ne:ghborhood Busmess Distnct with a Special Permit for a mini-storage facility
\\Ith four (4) conditions, subject to the site plan. wlth a reviSlOn to condition number 2:
2. HOlTRS OF OPERATIO",. The mlm-storage facility will have 24-hour access.
And an addltiona, two (2) condiuons:
FENCINf; A seven-foot l7') non-masonry fence to be installed along the northwest and
northeast property lmes of Tract 2 abuttmg existing smgle family lots.
2 SITE. Removal of the twenty-foot (20') gap between the storage buildings in the rear of
the properTy as shown on the site plan.
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Number of Notices Malled: 29
Favor
OppositlOn 1
(As of 10/04/(6)
Attachment: 1 Zomng Map
2 Zonmg Map of Staff Recommended Alternative
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09/19/06 SRR
~R ~arrr, Kurai District
RE. Resi,"'tr'~,\,al Estlle Ui$tncl
i-, Dlle F :>~~;,.. DweMing District
r.. - ~,p One Family Dwelling District
-IB One Family D~ng Dlsl"C!
I 'Ie L_--"! Famil\i Dwelling District
City 01 Corpus Christi, Texas
Department of Development Sen',ces
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LEOPARD STREET
3
Z100603
R fH Townhouse Dwelling Distric!
B-1 Neighborhood Business District
S-1A Neighborhood Business District
B-2A Barrier Island Business District
1-2 Light Industrial District
R-2 Mullipl~ Dwelling Dist"c!
T C:p Travel 'Tfailer Park District
1.3 Heavy Ir.\.iLlstrial Ol~!rict
SF' :""clal Perrnit
PUD P!anMo; Unit Development
1 ~ B Manufactured Home Park District
8.2 8ay1rv.~t t3lJ::u.;:::-:- I)idrict
.,,; Hi~t"rlcal.cultural Landmark Preservation
N
A
0 50 100 200
~-- . Feet
T , C Manufactured Home Subdivision District
A Apartm€'nt House District
AiA Apartmfmt House District
BD Corpus Christi Bedell Ut..sl~~l I)i:"fl~i.
B<~ Business District
6--4 General Business District
A Apartment House DistrIct
8.5 Primary Business District
A' Apartment~Tourist District
AB Professional Office District
8~6 Primary Business Core District
"I Limited Industrial District
o
2
Notice Map
8 7 8
!
I
413
I
2
LEOPARD STREET
Staff RecoMmended Alternative
F~ F_ ............
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11-3 ...-.- DIIMct
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W ~..... DiIIrlat
B-1 PriIMIy ..... c.. DIA1ct
1-1 LIInIIId ........... DiIIrlat
N
A
o 50 100 200
Feet
,."MIt SRR
-- -
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Privacy SetbacK
FMce ~
. O"E
\ 241. 04... .J!Z.~:..~J..fJ--. ....~",
~;;.. ~~; ~ - - . Ii ~r~ Privacy
10' ".rift I, ~.~ I Fence
Setba7 'fii ~ I
!~822'8~22'r3~' 6f
~~~~. ~~ :1
14, . 7 . 15 - 18
- 8 8 I
~i ~ Ii - - 1 I ~
~!18 8 8 r~1 :!i
"I . 2 9 13 220 I
I~' 2 22' 2 22' 2 22' 2f
"
::1 L;l W [] ~ I
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III
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::m~ 42 Kt ~ 0. <D 22 I
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;I: , r'-- .I {_.'[t.. :0 .......,. .~~j'!. .':\\.0 ~.s
~t,~"'~ 7\tfb,'''- '''---', 35~',' ?;,"~'~ )~, ',)1';: -: '
'.r,~_ ~~t -$ '43"fiO-W_
240;9't'--
----..- VILLA DRI VE:
Revleed 31 OCT 2fZ>tD6
Ravl~ .. OCT 2ellr)6
RavIMd 2 OCT 2tDe6
.~anc
arcltitechral
enghterng
7701 e. kellogg
suite 722
wichita, kansas 67207
(316) 682-8989
fax (316) 684-3984
e-moil timOtlae.net
Ut~e.IOOfR""03
~ i t--! \f>\~
SITE AFEA = 3.81 Acrcn
(168,!;cae eC!. fU
PAFiKING
(1) STALLS TOTAL
(I) ADA Van Ac:c:..eable
&T~ 6UILDING&
( - ) 3tZ> x 6tZ> II
( I ) 3tZ> x 1tt> .
( 11) 3tZ> x 8tZ> =
(2) 3tZ>x~ ..
( 2 ) 3tZ> x 1tZ>e>.
( 1 ) 3tZ> x 21tZ> .
( 1 ) 4tZ> x 60 .
(4) 4tZ>x8tZ> .
( 1 ) 4tZ> x 1tZ>e>..
TOTAL
STORAGE. 6~,4tZ>tZ> eq. ft.
Plue OFFICE. o1.18tZ> eq. ft.
$DirlE 81f'{UJ1Q))1
6CALE, IN . ItZ:If:)'
- 6q. ft.
2,1tZ>tZ> aq. ft.
26,4tZ>tZ> eq. ft.
!; ,4tZ>tZ> 6"1. ft.
6 f/)tZ>tZ> 6"1. ft.
o ~tZ>tZ> 6"1. ft.
2,4fZ)fZ) e"l. ft.
12~ ."1. ft.
4f/)tZ>tZ> 6G1. ft.
~
l'!llC2t81
T...I. ~ I&I.A6 ......17...1 ~ IIOtI ......IMI~
~,.. MUCY ON&."'. ACTUAL. ..,.. C>I""~.
COOIIII:)INA~, Ta-o~.,.. MTaAaca,
....lt~. L.ANC LaM..,-c.....,ALL _ ....~IIIC>.
project ~LIMINARY SITE STUDY
CORPUS Ct-RISTI, TX -:3
client El Pa.o Cuatro, LLC
date 28 Sept 'l'Z>6 by TL
job no. sheet ONE of ONE
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - October 4, 2006
5:30 P.M.
IV. ZONING
2 New Zonmg
c. Case No. 1006-03 - EI Paso Cuatro: A change of zoning from a
"B-1 Neighborhood Business District to a "B-4" General Business
DistrIct ___ __ ____
2.899 acres out of Lot 10 known as Lots lOE and lOF, Bancroft Farm Lots,
located on Villa Dnve approximately 260 feet north of Leopard Street.
Mic Raasch presented a slIde presentation for the above mentioned zoning request
requesting a "B-4" General Busmess Distnct for the purpose of developing a mini-storage
facility The subject property is located on Villa Drive north of Leopard Street and
mvolves two (2) tracts; Tract 1 located on the front two-thirds of the property that is zoned
'B-4" General Business District and Tract 2 which is located on the rear one-third of the
property. Mr. Raasch stated that Staff recommends approval of "B-4" for Tract 1 and, in
!leu of a "B-4' General Busmess District for Tract 2, Staff recommends a "B-1"
Neighborhood Business Distnct with a Special Permit for the rear 180 feet of the subject
property. The Special Permit wIll protect the residential areas on Werner Street to the north
and on East Cornelia CIrcle to the west from incompatible uses permitted in the "B-4"
General Business DistrIct and place the following conditions on the property:
ALLOWED lJSES: The only use authOrIzed by this Special Permit other than those
permItted by nght m the "B-1" Neighborhood Business District is a mini-storage facility
WIthout outside storage of any type. The development of the mini-storage units must
comply with the standards set forth m the "B-4" General Business District. The mini-
storage units shall be oriented such that the door access to the units do not face the
adjacent residential properties to the west and north.
2 LIGHTING: All extenor lIghting must be directional and shielded. Lighting shall be
dIrected away from adjacent residences and public rights-of-way.
3 FENCING: \ seven-foot (7) non-masonry fence to be installed along the west and
north property Imes of Tract 2 abutting existing single family lots.
4, Removal of the twenty-foot (20') gap between the storage buildings in the rear of
Tract 2 as shovm on the site plan.
5 TIME LIMIT: Trus SpeCIal Perrmt expires two (2) years of the date of this
ordinance unless the property is being used for the purposes outlined in Condition #1
and all other conditions have been complied with.
Planmng Comrmsslon Minutes
October 4.2006
Page .~
Mr. Raasch stated that thIrty-one (31) notices were mailed with one (1) notice received in
favor and one (1) received in opposition
In answer to ConunisslOner Skrobarczyk' s question, Mr. Raasch stated that the ingress
and egress would be from Villa Dnve
PublIc heanng \\as opened
Victor Lara, 43 ~ Villa Drne.. Corpus Christl, Texas stated that he has lived in the
neighborhood for forty (40) year~. The neighbors have made efforts to maintain the upkeep of
the neighborhood and for years thIs neighborhood has fought drugs, prostitution and the changing
of HIghway 9 to Highwa \ 37
There have been restaurants and busmesses in the area such as KFC and Eckerd Drugs that have
been lost and the area has the two (2) worst shoppmg centers in Corpus Christi. Mr. Lara voiced
oppositlOn to the zoning request stating additional storage units are not needed as there are
already two (2) rental storage businesses in place with Oakpark School directly across the street.
This neIghborhood needs the cooperation of Planning Commission and other city organizations.
Bryan McKool, :-134 Omaha, Corpus Chnstl, Texas stated that the neighborhood do not
need another set of storage umts. There IS a storage sIte on Navigation Road and Up River Road
and another set of storage units located on Lexington Blvd. Family oriented use is what is needed
\vith thIs piece of prop en v .
Yolanda Carpenter, 4025 Up RIver Road, Corpus Christi, Texas stated it has taken the
area ten (10) years to ciean up Villa Apartments, an apartment building that has had drug and
prostitutIon problems. Through these efforts, a dIfferent mindset has been replaced by what was
there before. Now, the development of these storage units will take away what has already been
accomplIshed.
Wayne LundqUIst, Cobb. Lundquist & Atnip (Representative), 700 Everhart Avenue,
Corpus ChrIStI, Texas stated that the owner, V-Stor of America has three (3) other successful
10catlOns in Corpus Christi. U-Stor of America has ninety-four (94) nationwide locations and is a
first dass project with 00% occupancy at each 10catlOn. For thIS project, there is 3.88 acres
frontmg onto Vtlla Drive and there are four (4) condittons subject to the approval. The developer
has redesigned the project to comply WIth Item #1 which involves door access not facing the
adjacent reSIdentlal properties and Items #3 and #4 will not be a problem. Item #2 which is a
reqUIrement for operating hours between 8:00 am. to 10:00 p.m. will be a problem as U-Stor
advertIses being open 24 hours a day. seven day~ a week natIonwide. The average trips per day
are lorty (40) with 4.5 tnps between the hours of 10:00 p.m. to 8:00 a.m. Mr. Lundquist stated
that the three (3) U-Stor projects which back up to residential areas in Corpus Christi have never
had a complaint Mr. Lundquist further stated that climate control units are not a part of the
project due to the cost fador per unit
In answer to ComrmsslOner Martmez. faryce (ioode-Macon stated the zoning ordinance
reqUires a SIX (6) foot wood screenmg fence.
Plannmg COmllllSSllln \iuutes
October 4, 2006
Pagt 3
Vice-Chamnan ,iarza stated ownershIp of propertIes In the area and is sympathetic to the
concems of the neighborhood, It IS hkely that thIs area WIll not remain as it has in the past and in
the future the older houses WIll more than likely be remodeled as this area is in a transitional
stage, fhe goal 1S for investments to be made to this west side portion of Corpus Christi. With
the apphcant lnvestmen' of approxImateiy $1.5 million to the project, it is believed research has
been done as to the prohtabil1ty of the project. VIce-Chairman Garza stated that he believes this
mvestment wi 11 be posit ve bv bnngmg development to the west side which is needed.
COmTI1lSSIOner '] amez thanked the neIghbors for their attendance and input and stated the
Importance of staving open mmded with the project and the positive addition it will be for the
neighborhood
CommIsSIOner Kelly stated that there are still some concems regarding the 24 hour access
because of the eveninio! traffic Overall from lIstenmg to the presentation and obtaining
mformatlOn on ,he area, M<. Kel1y;;tated she belIeves It will be a good addition to the
neighborhood
Yolanda Carpenter, 4025 Up R]ver Road, Corpus ChristI, Texas stated that the overall
look of the project is good and was glad to hear that the building would be brick concrete which
should be very solid. Ms, Carpenter questioned fencing height and employee coverage at the site.
Ms C'arpenter stated the Importance that an officer ]s on
site with a motel located right next to the storage umts.
ln answer to Commissioner Skrobarcyzk' s question, Wayne Lundquist stated the project
will have controlled gates with traceable IdentificatIOn cards and onsite security cameras.
CommISSIOner Skrobarczyk stated concem about abutting to the residential properties and
the twenty (20) foot gap between the residential properties and the rear storage units.
ComTI1lssioner Huerta stated concern for the hours of operation for the neighborhood
and the installation of a seven (7) foot masonry fence along the north and west side of the
property
Faryce (Joode-Macon stated that a revised site plan needs to be provided showing the
changes
Mr Lundqu]st stated dISCUSSIons have been held with the buyer. All of the nationwide
sites have 24-hour access and the buyer ]s not interested m the zoning without the 24/7 hours of
operatIOn. Regarding the masonry fence, Mr. Lundquist stated that a non-masonry screening
fence would be much more cost effective for the applicant
Vice-ChaIrman Garza stated the concem IS to mimmize the noise level with a masonry
wall As long as there IS a fenced perimeter, the chances of illegal traffic congregating in the
back portion of the property will not be likely. Possibly, the gap between the rear storage units
and the resIdentIal properties could be el1minated
Public hearing was closed
PlanJllllg ('OmmlSSIOn Minules
October 4 2006
Pagt' -1-
MotIon for approval of "B-4" General Business DIstrict on Tract 1 and "B-1" Neighborhood
Business District with Special Permit ("SP") on Tract 2 was made by Commissioner Skrobarczyk and
seconded by Commissioner Martinez subject to five (5) conditions as follows on Tract 2:
ALLOWED USES: The only use authorized by this Special Permit other than those
permitted by right in the "B-1" Neighborhood Business District is a mini-storage facility
Without outside storage of any type, The development of the mini-storage units must
comply WIth the standards set forth in the "B-4" General Business District. The mini-
storage units shall be oriented such that the door access to the units do not face the
adjacent residential properties to the west and north,
LIGHTING: A I exterior lighting must be dlrectlOnal and shielded. Lighting shall be
,hrected away from adjacent residences and publIc nghts-of-way,
, FENCING: A seven-foot (T) non-masonry fence to be installed along the west and north
property hnes of Tract 2 abutting existing single family lots,
...; Removal of the twenty-foot (20' I gap between the storage buildings in the rear of Tract 2
as shown on the site plan
~ TIME LIMIT: This Special Permit expires two (2) years of the date of this ordinance
unless the property is being used for the purposes outlined In Condition #1 and all other
,,~ondltiom have been complied WIth.
Motion passed unanimously WIth Commissioners Braselton and Pusley being absent.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EL
PASO CUATRO, LLC, BY CHANGING THE ZONING MAP IN
REFERENCE TO 2.899 ACRES OR 126,297.23 SQUARE FEET OUT OF
LOT 10 KNOWN AS LOTS 10E AND 10F, BANCROFT FARM LOTS,
FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT ON TRACT 1 (1.910 ACRES OR
83,201.18 SQUARE FEET) AND "B-1/SP" NEIGHBORHOOD
BUSINESS DISTRICT WITH A SPECIAL PERMIT ON TRACT 2 (0.989
ACRES OR 43,096.05 SQUARE FEET); AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
PENALTY; 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 EI Paso Cuatro, LLC, 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,
October 4, 2006, during a meeting of the Planning Commission, and on Tuesday,
November 14, 2006, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2.899 acres out of Lot 10 known as lots 10E and
10F, Bancroft Farm Lots, located on Villa Drive approximately 260 feet north of Leopard
Street, from "B-1" Neighborhood Business District to "B-4" General Business District on
Tract 1 (1.910 acres or 83,201.18 square feet) and "B-1/SP" Neighborhood Business
District with Special Permit on Tract 2 (0.989 acres or 43.096.05 square feet). (Map
049045) (Exhibit)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance ;s subject
to a site plan attached as Exhibit A and the following five (5) conditions:
1. ALLOWED USES: The only use authorized by this Special Permit other
than those permitted by right in the "B-1" Neighborhood Business District
Page 2 of 4
IS a mini-storage facility without outside storage of any type. The
development of the mini-storage units must comply with the standards set
forth in the "B-4" General Business District. The mini-storage units shall
be oriented such that the door access to the units do not face the adjacent
residential properties.
2. HOURS OF OPERATION. The mini-storage facility will have 24-hour
access
3. LIGHTING. All exterior lighting must be directional and shielded. Lighting
shall be directed away from adjacent residences and public rights-of-way.
4. FENCING. A seven-foot (7') non-masonry fence to be installed along the
northwest and northeast property lines of Tract 2 abutting existing single
family lots
5. TIME LIMIT. This Special Permit expires two (2) years of the date of this
ordinance unless the property is being used for the purposes outlined in
Condition #1 and all other conditions have been complied with.
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 time,
except as changed by this ordinance and any other ordinances adopted on this date,
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 Plan, 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. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances
SECTION 8. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
H\LEG-DIR\Shared\GaryS\agenda\2006\11-14\1006-03 Ei Paso Quatro sp.doc
.....
Page 3 of 4
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 14th day of November, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: November 8, 2006.
~c..rAJdL
ary . . Smith
Assistant City Attorney
For City Attorney
H \LEG-DIR\Shared\GaryS\agenda\2006\ 11.14\ 1006-03 EI Paso Quatro sp.doc
Page 4 of 4
Corpus Christi, Texas
day of
2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfu lIy,
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
Jerry Garcia
William Kelly
Rex A. Kinnison
MCtlody Cooper
Jesse Noyola
Mark Scott
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\ 1006-03 EI Paso Quatro sp.doc
.'~' ::1fJ::ollF ""~~j4- ~~c:T"'rjJF 'G(' DEvC)1.;rrs-_m 3618253590
. 10' BJdg
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FIl'lc, ~
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r 11r\ M "" '-.' ~ - 3
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I I ~~ ~riVOCY
~ II ~.s ~ f'ence
If; -70:- ~_ ~JO' - ~
::1 -~- :=-8: ~18 -fi I~
P.2, · - 22' ~ 22' ., p'- J4' it .' "
f II ::--..-='~~ '- ~
II ..~- ,~- _.' -l'
II _"!U'-- - - I
II -30., 13Ct- ,..-40 .
'8--.- .!
~ ,bm,i.... ~~: I'
elM . I~- =~-=' l"
~:I~ ~ ~ ~,.: ~,'=: ,i
. 'itj tj ~ tJ I,.
::1 ~~ 2A ~i ~._- II
I~' == 22' ____. 2t . - 22' =.' ': 2r:
ii, II ~_30,'~: ~~~ ~-_. ~ i~:!
I .2._ s:= B:: _.-
I I ---=- ~:--= =. ==- ,I
1III ~II
Trolh..JO:. ,.40- I I
" \ -.' 'o-
Il , Ib --:11 \D- I
II ,,,,4' o.
If l4 Yi (~~-~
lk~!C .~-~~--
---~. VILLA DRI'tE
,...,1.... 31 OCT 2tDtD6
fltevl 8 OCT 2etD6
........,. 2 OCT 2erD6
1-100 P~01/~06 F-Z12
Ctt~t lC(XpJ03
S,t~ v>\a.vv
~
&ITE A~A · 381 Act$t
(168,seB .q. rt.)
FAflkrNG
(1) &T ALL& TOTAL.
(I) AOA v." Accaeal:>le
$TO~ I!UILt:>ING&
( - ) ,,, x 6ft) II - 6'1' ft..
( I ) '1) x 1e:l. 2,Ie;le 6'1' h..
( 11) )lZI x 84Z) = 2.~ -ct. f't..
( 2 ) 31F> x ~.. S,4t>e 6ct. ft.
(2) 3tD x 1""'- .~ aq. n.
( 1 ) ,I> x 211) ... 6~ 6q. ft..
( 1 ) 4~ x 6fl'. 2t4e>e al:!. ft.
( -'4) 4" x N) = 1:2)N>e 601. tt.
( I ) 4" x Il'De>a 4/f)~ eG!. f"t.
TOTAL.
&TO~.. 6~AlZItD aq. ft.
Plue OFFICE.. 61,1e0 6'1' ft.,
~
.~Tim
WA LeBlanc
arClhlecLral
erlfIheering
7701 8. kellogg
sutte 722
wichita. kansas 67207
(316) 682-8989
fox (316) 684-3984
e-mail tlmetlae.net
bIl2tI;.
,...1. IiII..AN IL\66 111_ [;.~ ~ ......1P1~
.,,. I'rUrW ~ 'r'. ~TUAL tl~ ClMllNtleN..
~,... ~(l51UPH"". "TItAa<.6,
..' It ..rra. ~ U.. lITe. IH.A&J. .. WIIIfII~.
project ~L.IMINAfln' SITE &TUOY
CORRJ6 CHRI&TI. T)( .,
client EI Palo Cuatro, L1.C
date 28 e.pt. '~ by lL.
job no. sheet ONE of ONE
TT-1JF."0E rn-'3Z!"- rHUfVl-~TTI DF cc UEV -s\lr~------:561~Z63590
T-l~~ P~~4/~06 F-212
IlII
'-
URaAN
ENGINEERING
lob No. 367SS.A6.00
October 13, 2006
r~_" l>/\"
"- ~;."
\
. ~ ~ e I.) 60 ~ 0 .~)
I!:ml
1.910 Acres
State of Tcxas
County of Nueccs
FieJdnotes for the rezoning oh 1.910 acre tract of land (not basod on llJ1 on-the-ground survey)
out of Lot 10, Bancroft Farm Lots, a Jnap of which is recorded in Volume A, Page 46, Map Records of
Nueces County, Texas; said 1.910 acre tract being more fully described by metes and bounds a. follows:
Commencing at a point on the cast boundary of Lot 1 S, Block 4, Westchester Place, a map of
which is recorded in Volume JO, Pages 28 through 29, Map Records ofNueces County, Texas, for the west
CODler afLot 7, Fairbairn Addition, a map of which is recorded in Volume 10, Page 9, Map Records of
Nueces County, Texas;
Thence, South 54053 '00" East, along the south boundary of said Lot 7, Fairbairn Addition a
distance of 179.47 feet for the south comer of said Lot 7 and for the Point of Beginning of this tract;
Thence, South 54053'00" East, along the common boundary of Lots 10 and 11, said Bancroft
Farm Lors, a distance of543.03 feet to II point on the cenrerline of Villa Drive, a public roadway, fOl'the
east corner of this tract;
Thence, North 87050'21" West, a distance of 441.42 feet to the IlOrth comer of Lot B, Block 10,
Bancroft F.'m Lots Subdivision, a map of which is recorded in Volume 27, Page 16, Map Rocords of
Nueces County, Texas, same being the east comer of Lot A, Block 10, Bancroft Farm Lots SUbdivision, a
map of which is recorded in Volume 24, P"ge 26, Map Records ofNueces County, Texas, for the southeast
comer of this tract;
Thence, North 54053'00" West, 8 distance of 149.94 feet to 8 point On the north boundary ofsaid
Lot A, Block 10, for the southwest comer of this tract;
Thence, North 29043'00" East, along a distance of241.20 feet to the Point of Beginning and
containing 1.910 acres (83,201.18 square feet) of land.
Bearing are based on the recorded plat of lot G, Bancroft Fann Lots Subdivision, a map of which
IS recorded in Volume 28, Page 60, Map Recordg ofNueces County, Te)(as.
Unless this faeldnotes description, including preamble, seal and signature, appears in its entirety, in
its original form. survoyor assumes no responsibiUty for its accuracy.
Urban Engineering
~~
BY:~
Dan L. Urban, R.P,L.S. A '" ~ _
LiCCNCNo. 4710 ~
~ODP'" 03
It l~fKwtk
Page 1 of 1 --
FAX (361)854-600 1
S :\Survllyin&\367S5\A600\re2.0ning\Fl1! 910acri:$.doc
(361)154-3101 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404
mail@urbaneng.com
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~_ ENGINEERING
Job No. 367SS.A6.00
October 13, 2006
D:Wl
0.989 Acres
State of Texas
County of Nueces
Fietdnotes for the te20ning of a 0.989 acre tract ofland (not based on an on-the-arolUld survey)
out of Lot 10, Bancroft Farm Lots, a map of which is recorded in Volume A, Page 46, Map R.cc:ords of
Nueces County, Texas; .laid 0.989 acre tract being more fully described by metes and bounds as follows:
Beginning at II point on the east boundary of Lot 1S, Block 4, Westchester Placet a map ofwbich
is recorded in Volume 10, Pages 28 tluougb 29, Map Records ofNueces County, Texu, for tho west corner
of Lot 7, Fairbairn Addition, a map of which is recorded in Volume 10, Page 9, Map 'Records ofNueces
County, Texas, and for the north comer of this tract;
Thence, South S4053'OO" East, along the south boundary of said Lot " Fairbairn Addi.tion, a
distance of 179.47 feet for the south corner of said Lot 7 and for the cast comer of this 1ract;
Thence, South 29043'00" West, a distance of241.20 feet to a point on the north boW\dary oClot
A, Block 10, Bancroft Farm Lou Subdivision, a map of which is recorded in Volume 24, Page 26, Map
Records ofNueces CoWlty, Texas, for the south corner of this !laet;
Thence, North 54053'00" West, II distance ofl79.47 feet to a point on the eastbounduyofLot
11, Block 4, said Westcbestea- Place, for the west comer afmis tract;
Thence, North 29043'00" East, along the east boundary of said Block 4. Westchester Place. a
distance of241.20 feet to the Point of Beginning and containing 0.989 acres (43,096.05 square feet) of
land
Bearing are based on the recorded plat of Lot G, Bancroft Farm Lou Subdivision, a map of which
is recorded in Volume 28, Page 60, Map Records ofNu.eces County, Texas.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in
its original form, surveyor assumes no responsibility for its accuracy.
Urban Engineering
B::uf~
Dan L. Urban, R.P .L.S.
License No. 4710
S:\Surveyinc\3675 ~\A600\rczoninc\FnO. 989acrCl.doc
(361)154-5101 2725 SWANTNER DR.. CORPUS CHRISTI. TEXAS 78404
'YIOilOurbaneng. com
Page I of 1
FAX (361)854-6001
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CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: November 14, 2006
AGENDA ITEM:
A. Public hearing to consider and nominate applications to the Office of the
Governor for Commercial Revitalization Deduction allocations.
B. Resolution nominating projects to the Office of the Governor for Renewal
Community Commercial Revitalization Deductions which include:
1. HBP Partners, Ltd. to receive an allocation for $1,400,000 from 2006
Commercial Revitalization Deductions for a building located at 500 North
Water Street
2. Brewster Street Ltd., LP to receive an allocation for $700,000 from the 2006
Commercial Revitalization Deduction for a building located at 1724 N.
Tancahua Street.
3. John Murray Jr. to receive an allocation for $550,000 from the 2006
Commercial Revitalization Deduction for a building located at 5110 IH-37.
4. Train Brothers, Ltd. to receive an allocation of $850,000 from 2006
Commercial Revitalization Deduction for a building located at 2500 Agnes
Street
5. Thomas Davis, SL to receive an allocation of $450,000 from 2006
Commercial Revitalization Deduction for a building located at 622 McBride
Street
6. William Groves to receive an allocation of $275,000 from 2006 Commercial
Revitalization Deduction for a building located at 7325 IH 37.
7. Michael Berry to receive an allocation of $550,000 from 2006 Commercial
Revitalization Deduction for a building located at 11174 UpRiver Road.
8. Don Kirchberg to receive an allocation of $550,000 from 2006 Commercial
Revitalization Deduction for a building located at Rhew and Leopard Road.
9. Nueces Hotel Holdings, LP to receive an allocation of $1,475,000 from
2006 Commercial Revitalization Deduction for a building located at I H 37 and
Nueces Bay Boulevard
ISSUE: As one of forty designated Renewal Communities nationwide, the City of
Corpus Christi may nominate $12 million of Commercial Revitalization Deductions
each year during the designated period. According to the Internal Revenue Service
(lptS), the Commercial Revitalization Agency (CRA) may make the following types of
altocatlons:
1) An allocation in the year that the project is completed.
2) A binding commitment to make an allocation of a specified dollar amount to a
qualified revitalization building in the calendar year in which the building is
placed in service.
3) A carryover allocation
The Office of the Governor serves as the Commercial Revitalization Agency (CRA)
and is responsible for certifying allocations nominated by the governing bodies of the
Renewal Communities in Texas
RIQUIRED COUNCIL ACTION: Approval of the resolution as presented.
CONCLUSION AND RECOMMENDATION: City staff recommends nominating to
the Office of the Governor all fundable applications received in response to the
advertisement for applications for the 2006 Commercial Revitalization Deductions.
c~v ~u
Irma Caballero, Director
Economic Development
Attachments:
E>d1ibit 1
E>d1ibit 2
E>d1ibit 3
E>d1ibit 4'
Exhibit 5
Exhibit 6.
E>Chibit 7
Exhibit 8'
Attachment "1"
Project Name H BP Partners, Ltd
Project Location 500 North Water, Suite 300
Project Census Tract 3
New Jobs Created 12
Jobs Retained 8
Total Investment $1,700,000
Placed in Service December 2006
Allocation Request $1,400,000
Summary
Hllp Partners, Ltd. ("HBP") is presently renovating space on the ground floor
of the Prosperity Bank bUilding located at 500 North Water Street. HBP
currently operates the Havana Club nightclub in the same building on the
gmund floor, but upon renovation of the newly rented space, will relocate the
Club to this renovated area.
HIP is a Texas Limited Partnership engaged in the business of the operations
of the Havana Club, which opened in 2002. The Havana Club has been very
popular and the new facilities will build upon its popularity permitting expanded
menu offerings, facilities for dancing, live entertainment and a walk in humidor
for cigar aficionados
fJlecutive Summary
HBP Partners, ltd, ("HBP'') is pleased to present this application for allocation of the
Commercial Revitalization Deduction in 2006 for renovation of rented space locatecI on the
ground floor of the Prosperity Bank building at 500 North Water Street. HBP currently operates
the Havana Club nightclub in the same building on the ground floor, but upon renovation of the
newly rented space, will relocate the Club to this renovated area.
HBP is a Texas limited Partnership engaged in the business of the operations of the
Havana Club, which opened in 2002. The Havana Club has been very popular and the new
facilities will build upon its popularity permitting expanded menu offerings, facilities for dancing,
live entertainment and a walk in humidor for cigar aficionados.
Budgeted expenditures for these improvements are $1,380,322 and therefore, this
appfication requests an allocation of $1,400,000 of the 2006 Allocation. The new space is leased
from BNP Properties and construction has already commenced with planned opening of the
facility in December of 2006. The expenditures related to this project meet the test of substantial
rehabilitation as well as all other tests for a project qualification under Section 14001 of the
I nIlema I Revenue Service Code.
With the purchase of new equipment, furnishings and working capital, total investment for
this project is in excess of $1.5 million dollars. The expansion will pennit the retention of 8 full
time jobs and create 12 new positions for an annual payroll projected with a annual payroll of
$375,000. Involvement of Residents and Non-profit groups includes identifying residents of the
area in order to take advantage of the Renewal Community Employment Tax Credit and also as
an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on
the ultimate sale of the property.
As indicated in the Table of Contents, this application contains documentation showing
that the project has a lease on the property, is in good standing with State and Local taxing
alMlorities, with evidence of financial resources to construct the project.
P. ..tt Description and Location
The Havana Club expansion is located at 50S N. Water Street on the ground floor of the
PrQlpertity Bank Building. Located in Downtown and the Auditorium, this project will make a
sigRificant contribution to the success of redevelopment in this area.
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LelBI DescrIption and zoning
The legal description of the Prosperity Bank Building is WATER BEACH LOTS 1,2,3,& 83 Sft
of L T 4 BLK S. Zoning is consistent with current uses of the property.
D-.Iopment Plan
The space that the Havana Club expansion will occupy is located on the first floor of the
Prosperity Bank building and indudes many features such as elevated dance floor, bar areas and
boIth seating as reflected on the following working plans and will represent triple the current
adjlc8lt space it occupies
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c.sb dCtion Budget
Construction on the project has begun and will continue until the building will be placed in
service in December of 2006.
Labor Material Subcontract Total
2,420 8,250 0 10,670
- ---
0 0 12,500 12,500
0 0 1,110 1,110
0 0 990 990
0 0 1,700 1,700
0 0 1,500 1,500
0 0 1,500 1,500
0 0 1,500 1,500
0 0 750 750
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0 0 2,784 2,784
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i DescriptiO"____
i GfNERAL CONDITIONS
! ARCHITECT / ENGINEERS FEE
I.ESTOS SURVEY _ ------
I AfBESTOS REMOVAL _ .__
~MO ELECTRICAL___..
I DfMO HVAC
ll!eMO PLUMBING ..- -.--- ___ _
I DfMO FIRE SPRINKLER___
LQlMO CLG./ MISC.
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D~O TILE FLOOR I MISC____
La1:L FLOORS
CORE DRILLING
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FINISH CARPENTRY
V\.llllDOW TO THE OUTSIDE__
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GLASS COUNTERTOPS
AUJMtNUM FRAME AT INSIDE ENTRY
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: CONCRETE BAR I RR SINKS
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i SPECIAL LIGHTING I AUDIO I VIDEO
! DeSIGN SPECIAL LIGHTING / AUDIO,
I *~ULPTURE---=::=-=:~:
I MUSHROOM FIXTURE
I EIfrRY WINDOWS SPECIAL EFFECTS
iNDY BENNETT INTERI9R DESIGN
ii_ ERIOR DESIGN
! BARREL MOUNTING I CUTTING
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i SUBTOTAL
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0 1,000 1,000
1,700 0 4,220
0 6,000 6,000
0 5,000 5,000
500 0 1,000
0 103,000 103,000
0 3,000 3,000
0 18,200 18,200
0 20,125 20,125
0 2,000 2,000
0 1,000 1,000
0 5,000 5,000
3,500 0 4,200
0 27,200 27,200
0 2,000 2,000.
0 10,000 10,000
0 56,400 56,400
0 22,300 22,300
0 31 ,300 31,300
0 10,000 10,000
0 5,000 5,000
700 0 1,000
0 2,000 2,000
0 37,200 37,200
0 300,000 300,000
0 30,000 30,000
37,250 0 37,250
2,112 0 2,112
0 5,000 5,000
0 22,500 22,500
0 30,000 30,000
0 2,000 2,000
0 70,000 70,000
0 3,000 3,000
0 40,000 40,000
0 80,000 80,000
0 0 0
0 0 0
0 250,000 250,000
54,012 1 ,224,559 1,275,011
0 0 1,546
54,012 1,324,559 1,286,556
93,766
$1,380,322
$1,400,000
Attachment "2"
Project Name Brewster Street Ltd, LP
Project Location 1724 North Tancahua Street
Project Census Tract 50
Retained Jobs 0
New Jobs Created 70
Total Investment $1,000.000
Placed in Service June 2006
Allocation Request $700,000
Summary
Brewster Street Ltd, LP is the owner the Brewster Street Ice House. Opened
in 2006, Brewster Street Ice House is located in the heart of Corpus Christi's
entertainment district, Brewster Street Ice House is the perfect destination
restaurant, and a strategic location makes the Ice House a "must stop" on the
way to a Hooks game, Concrete Street Amphitheater, or American Bank
Plaza
Sports enthusiasts will enjoy their favorite sports teams on 20 flat panels and
televisions located throughout the restaurant. Teamed up with great beer and
appetizers, Brewster Street promises to be your sports paradise!
Executive Summary
Brewster Street Ltd, LP is pleased to present this application for allocation of the
Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization
Deduction for the construction of a new Restaurant located in the Downtown Sports and
Entertainment District In Renewal Community Corpus Christi. This restaurant, the
Brewster Street Ice House was built and placed in service in June of 2006. The land and
existing building IS leased from Houston Durrill Land, Ltd. and the qualifying
expenditures represent actual leasehold improvements made to the facility.
Located in the heart of Corpus Christi's entertainment district, Brewster Street
Ice House is the perfect destination restaurant, and a strategic location makes the Ice
House a "must stop" on the way to a Hooks game, Concrete Street Amphitheater, or
American Bank Plaza. Brewster Street Ltd, LP operates the facility, entertainment and
beverage services and rents out the kitchen operations and food service operations to a
tenant operator, The facility comprises approximately 9,200 square feet and the
improvements include Interior and exterior renovations to the building, landscaping, fire
systems and parking lot construction
As shown from the accounting records of Brewster Street Ltd, LP, actual
expenditures for these for these improvements are $662,000 and accordingly this
application requests an allocation of $700,000 of the 2006 Allocation. The expenditures
have been made and evidence of their expenditure is accomplished by presenting
internal accounting records of the applicant. Since the costs to improve the property are
for leasehold improvements of real property, the expenditures meet all tests for project
qualification under Section 14001 of the Internal Revenue Service Code.
The total investment for this project will be $1 million dollars, including landlord's
cost of the building and land that is leased to the applicant. Brewster Street Ltd, LP has
created 50 new jobs with a combined annual payroll of $408,000 and the food service
operator has created a total of 20 new jobs for a total of 70 new jobs related to this
project. Involvement of Residents and Non-profit groups includes identifying residents
of the area in order to take advantage of the Renewal Community Employment Tax
Credit and also as an attempt to reach the employment requirements for obtaining Zero
Percent Capital Gains on the ultimate sale of the property
~
PI aperty Description and Location
Leaal Descriotion and zonina
The project is located at 1724 N. Tancahua Street at the corner of Tancahua and Brewster
and the legal description of the property is Beach 1.1852 Acres out all Lots 6 thru 9, & Part of
Lots 3 thru 5 & 10 thru 12 block 77. Zoning is consistent with current uses of the property and
the restaurant has been in operation since June of 2006.
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Oarelopment Plan
The Restaurant was placed in selVice in June of 2006 and features a open air-dining patio
with colorful umbrellas, wood bench and table seating with a view of Whataburger Field, the
Haftx>r Bridge and the Port of Corpus Christi. There is also a large playground area for the
children with a fenced in area ideal for families. In the large open-air pavilion, there is a stage
stage for live entertainment, dancing and seating at tables and benches. Inside seating in air-
concltioning is available and there are numerous televisions throughout the faality showing live
sporing events.
Ccri-. .ction Budget
The amounts on the following schedule represent actual amounts expended by Brewster
Street Ltd, from their accounting records from project inception through August 18, 2006, when the
project wes substantially completed. A total of $700,000 is being requested from the 2006 amount
and the clfference between actual amounts expended on this schedule represents contingencies for
any accOY'lting reclassifications of bills being received not included in this schedule.
2:3C PM
03118106
Acc'u.,1 Bas's
Brewster Street, Ltd. LP
Balance Sheet
As of August 18, 2006
Aug '18. 06
Fixed Asset~
I"TM Machi ne
Audio Equipment
Brewster Bldg. ImprovOlen1
Equipment
Fire P.larm System
FIre Sprinkler System
F urnitLIre
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12'157;:8
41953944
27.12077
5907,59
;~036 51
HVAC .SyslGnl
Kitchen EquipmenJ
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Parking Lv
PI<>yground c.quipmell'
Security Equipmeni
Sign age
T0!t:!phoTlc Sysl~nls
I otal Filled Assets
9<,)191
20.30(;.00
V 309 2 1
20 995.4!J
34 49645
12,000.00
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1693319
2,37411
662,62306
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Attachment "3"
Project Name John Murray, Jr
Project Location 5110 IH-37
Project Census Tract 7
New Jobs Created: 0
Jobs Retained: 10
Total Investment $650,000
Placed in Service April 2007
Allocation Request $550,000
Summary
Mr. John Murray is constructing a new 4,500 square foot building which will be
leased to Teal Construction Company. Teal Construction Company is a general
contractor with ten full time employees in Corpus Christi. There is an existing 6,000
square foot office building on the same property that is leased to a national fire
suppression engineenng company.
ExtllCUtive SUmmary
John Murray, Jr. is pleased to present this application for allocation of the Commercial
R~lization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the
construction of a new Corpus Christi Headquarters for Teal Construction in Renewal Community
Corpus Christi.
Located on IH 37 near the intersection with Up River Road, the Teal Construction COrpus
Christi Headquarters has excellent exposure and access in the Industrial section of Corpus Christi.
The project is the construction of a new 4,500 square foot office building. The project is
scheduled to begin construction in December 2006 and to be completed by April 2007. The office
buitding will be leased to Teal Construction COmpany. Teal is a general contractor with ten full
time employees in Corpus Christi. There is an existing 6,000 square foot office building on the
same property that is leased to a national fire suppression engineering company.
As shown in the development plan, since the costs to improve the property are for
improvements of real property, the expenditures meet all testS for project qualification under
Section 14001 of the Internal Revenue Service Code. Budgeted cost for all improvements is
$550,000 and therefore an allocation of that amount is requested from the 2006 allocation.
The total investment for this project will be $650,000, including Mr. Murray's cost of the
exIIting building and land. Evidence of financial resources Is provided along with a copy of the
warranty deed. Involvement of Residents and Non-profit groups includes identifying residents of
the area in order to take advantage of the Renewal Community Employment Tax Credit and also
as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on
the ultimate sale of the property.
p, eperty Description and Location
l~1 DescriDtion and zonina
The project is located at 5101 IH 37 near the comer of IH 37 and Up River Road and the
legit description of the property is Whelan Addition Lot lOA Block 2. Zoning is consistent with
current uses of the property.
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O_eIopment Plan
The project is the construction of a new 4,500 square foot office building. The project is
scheduled to begin construction in December 2006 and to be completed by April 2007. The office
bulcling will be leased to Teal Construction Company. Teal is a general contractor with ten full
time employees in Corpus Christi. There is an existing 6,000 square foot office building on the
same property that is leased to a national fire suppression engineering company. There has
reclntly been about $50,000 of improvements made to the existing building.
Co-.hb-..ction Budget
Site work
Paving
Foundation
Structure
Interior finishes
Mechanical
Electrical
Plumbing
New Building
Existing building improvements
Total
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50,125.00
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104,400.00
83,080.00
46,000.00
69,000.00
43,700.00
500,000.00
50,000.00
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Attachment "4"
Project Name Train Brothers. Ltd.
Project Location 2500 Agnes Street
Project Census Tract 10
New Jobs Created: 5
Jobs Retained: 35
Total Investment $1,000,000
Placed in Service August 2007
Allocation Request $850.000
Summary
Train Brothers, Ltd. is a real estate company that owns real property in several cities
in Texas for the sole purpose of leasing them to its affiliate, Swift-Train Company.
One of the properties is located at 2500 Agnes St, and has been the headquarters
for Swift-Train worldwide for many years. The project will consist of a new metallic
bulding of approximately 16,625 sq. ft. with approximately 3,400 sq. ft. of office
space within the shell.
In addition, an installation training center for a supplier, Pergo, is planned. It will
require another 3,325 sq. ft. of metallic building to be added and will house a facility
to train installation mechanics from Texas and surrounding states to install Pergo
laminate and gain certification.
E~utive Summary
Train Brothers, Ltd. is pleased to present this application for allocation of the Commercial
Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the
construction of new facilities for its tenant, Swiff-Train Company, in Renewal Community Corpus
Christi.
Train Brothers, Ltd. is a real estate company that owns real property in several dties in
TeKas for the sole purpose of leasing them to its affiliate, Swiff-Train Company. One of the
properties is located at 2500 Agnes St., Corpus Christi, Texas and has been the headquarters for
Swtff-Train worldwide for many years.
Swiff-Train's growth over the last several years has created a need for more space to
house its display and sample production and assembly facility and to store an increasing amount
of Inventory. In addition, the company needs additional office space to accommodate additional
as well as some current employees.
Swiff-Train has chosen Corpus Christi as the location to put this facility rather than at one
of its other Texas locations. The project will consist of a new metallic building of approximately
16,625 sq. ft. with approximately 3,400 sq. ft. of office space within the shell.
In addition, an installation training center for a supplier, Pergo, is planned. It will require
anether 3,325 sq. ft. of metallic building to be added and will house a facility to train installation
m<<:hanics from Texas and surrounding states to install Pergo laminate and gain certification. It is
estimated that this will bring approximately 100 people per year for the 5-day training program.
As shown in the development plan, since the costs to improve the property are for
improvements of real property, the expenditures meet all tests for project qualification under
Section 14001 of the Internal Revenue Service Code. Budgeted cost for all improvements is
$831,931 and therefore an allocation of $850,000 is requested from the 2006 allocation.
Evidence of financial resources is provided along with a copy of the warranty deed.
InW>lvement of Residents and Non-profit groups includes identifying residents of the area in order
to take advantage of the Renewal Community Employment Tax Credit.
Prepefty Description and Location
L..I Descriotion and zonll19
The project is located at 2500 Agnes and the legal description of the property is Block l-A
StEl's Addition. Zoning is consistent with current uses of the property.
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Development Plan
Train Brothers, Ltd. is a real estate company that owns real property in several cities in
Tscas for the sole purpose of leasing them to its affiliate, Swiff-Train Company. One of the
properties is located at 2500 Agnes St., Corpus Christi, Texas and has been the headquarters for
Swiff-Train worldwide for many years.
Swiff-Train's growth over the last several years has created a need for more space to
house its display and sample production and assembly facility and to store an increasing amount
of inventory. In addition, the company needs additional office space to accommodate additional
as well as some current employees.
-
Swjff- Train has chosen Corpus Christi as the location to put this facility rather than at one
of its other Texas locations. The project will consist of a new metallic building of approximately
16,625 sq, ft. with approximately 3,400 sq. ft. of office space within the shell.
In addition, an installation training center for one of our suppliers, Pergo, is planned. It
will require another 3,325 sq, ft. of metallic building to be added and will house a facility to train
!nSbl1latton mechanics from Texas and surrounding states to install Pergo laminate and gain
cerUfk:ation. It is estimated that this will bring approximately 100 people per year for the S-day
trailing program.
Co ~h -thftI Budget
As can be seen from the following bid from Dickson Builders, total budget for construction
of the new additions to the facilities is $831,931 and construction is expected to being in early 2007
with an in service date of summer of 2007. Therefore an allocation of $850,000 is requested.
F Addition to and remodeling of S\.vifI.Tntir' Company building located to 2500
\gnes Sl~eet, Cl!1PUS Chris, L ~~" as
Dear Mr Train
;n connection w1th the i310VC referenced project, I am enclosing Budgets for each phase
as 1<.)110w8:
lNew A,dditiol1 c\..'llsisting of al 'U' wide by 125' long Metallic
~;teeJ building $314~198
~ ) New Oftices wimin New Buiiding cons1stmg of approx.. 3,400
Sq. Ft plus rebudding existing space per plan inclurling plumbing
~\nd electrical $228,042
n Replace roofaud reo-build doc'b-, side of bUll ding
$86,140
4) M:isceHaneous rCTlairs including replacing exterwr doors
$12,527
':' C:ontingenc:y f'Of re-building of front of existing budding~dcsjgn
1.0 be agreed upon before compietion of new construction
$.50,000
Surr-toml
Additional tor Pergo Training Center mcluding addition to
i\,1ctaHk Building
$690,907
$J.:1 1.Q24
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CcnsrructJOn Wli! take ',jlproximatetv (; months after receipt of pcnTli.ts,
Sincerely.
DrCKSON BlnT DHRS. TNC
CI;!TDicksoll
Attachment "5"
Project Name Thomas Davis, Sr.
Project Location 622 McBride
Project Census Tract ...,
New Jobs Created 5
Jobs Retained 35
T otall nvestment $600,000
Placed in Service December 2006
Allocation Request $450,000
Sa,mmarv
Thomas Davis IS constructing the new headquarters for Skid-O-Kan, Inc. Mr.
Davis will lease the new property that will house the operations of the Corpus
Christi based company that provides portable sanitation and toilet services to
a 50 mile radius around Corpus Christi Skid-O-Kan currently operates out of
a facility on Cantwell Lane and will move into the newly constructed facilities
upon the completion of construction in 2007.
Executive Summary
Thomas S. DavIs, Sr. is pleased to present this application for allocation of the
Commercial Revitalization Deduction In the 2006 Round of the Commercial Revitalization
Deduction for the construction of a new Headquarters for Skid-O-Kan in Renewal
Community Corpus Chnsti.
Located on 622 McBride, the Skid-O-Kan facilities will consist of the construction of
approximately 2,400 square feet of metallic buildings that will house administrative
offices and completed in December 2006. The facilities will be leased to Skid-O-Kan.
Founded in 1957 by Jack Davis (Thomas Davis, Sr. father) Skid-O-Kan's service
area is a 50-mile radius from Corpus Christi. Customers include eight oil refineries,
several chemical refineries, construction companies, ports and shipyards, government
bases and major businesses. SpeCial events produce about 10 percent of the business,
and residential customers account for 20 percent.
Skid-O-Kan has 100 holding tanks, 40 hand-wash stations, and 1,000 portable
restrooms, mostly from Satellite Industries, PolyJohn Enterprises, Poly-Portables, and
Olympia Fiberglass Industries. Sixty percent of the restrooms are Satellite Tufway
models, and 15 percent are Satellite Maxim 3000 units.
As shown in the development plan, since the costs to improve the property are
for the construction of new buildings the expenditures meet all tests for project
qualification under Section 14001 of the Internal Revenue Service Code. Budgeted cost
for all Improvements is $445,000 and therefore an allocation of $450,000 is requested
from the 2006 allocation.
The total investment for this project will be $600,000, including Mr. Davis's cost
of the land. Evidence of financial resources is provided along with a copy of the
warranty deed. Involvement of Residents and Non-profit groups includes identifying
residents of the area in order to take advantage of the Renewal Community Employment
Tax Credit and also as an attempt to reach the employment requirements for obtaining
Zero Percent Capital Gains on the ultimate sale of the property.
Pr.-rtY Description and Location
LeGI!Il DescriDtion and zonlna
The project is located at 622 McBride and the legal description of the property is Lot Nine
(9) McBride Commercial Sites. Zoning IS consistent with current uses of the property.
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O..-pment Plan
Skid-O-Kan Company has operated from the 967 Cantwell locations for over half of its
fifty-year existence. The cantwell location was sufficient for many years. Today, the space is
crowded, decreasing overall productivity.
The new facility currently under construction will increase efficiency and provide more
tha1 adequate space for current and future needs. The plan includes a 2,400 square foot office
sPICe, two metal buildings for repair, maintenance, and production. The new wash rack space is
fOll" times larger than our current cleaning area. Office allotments, safety, and security are
scheduled for major upgrades and improvements. Employee and customer parking areas double
In size. The end result is a more efficient operation with many improvements that are otherwise
unattainable at our current location. The new location at 622 McBride began construction in early
Setlember, and scheduled completion is December 8, 2006. We look forward to entering the
New Year in a new facility
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ConltruCtion Budget
As shown on the following budget a estimated total of $445,000 is planned in the
ESTIMATED COST FOR CONSTRUCTION OF NEW FACILITY FOR
SKID-O-KAN CO. 622 McBRIDE LANE, CORPUS CHRISTI, TX 78407
Estilnated completion date: December 8, 2006
Lanll: 2.2 Acres, 1-2 Zoning (622 McBride Ln.) $150,000.00
Offree:
Foundation & Exterior
Electrical & Plumbing
Mechanical & Finish Interior
$ 60,000.00
20,000.00
20.000.00
$100,000.00
$125,000.00
40,000.00
25,000.00
10.000.00
$200,000.00
Warehouse & Shop: Foundation & Exterior
Electrical & Plumbing
Wash Rack & Truck Service Area
Mechanical
Warehouse Storage: Foundation & Exterior
Plumbing & Electrical
Concrete Paving, Parking Lot & Landscaping
$ 65,000.00
20.000.00
$ 80,000.00
$ 65,000.00
T ota, estimated cost of buildings, & improvements,
$446,000.00
Attachment "6"
Project Name William Groves
Project Location 7325 IH-37
Project Census Tract 35
New Jobs Created 5
Jobs Retained 25
Total Investment $300,000
Placed in Service June 2007
Allocation Request $275,000
Summarv
William Groves IS constructing a new building on property he currently owns
for the expansion of the tenant of the property, Paul's Fabricating. Mr. Groves
is the owner of that company Paul's Fabricating performs custom tool and
metal fabrication to tndustries, with many of its principal customers located
outside of the Corpus Christi area. The new facility will allow expansion of
current service lines and more efficient production.
E~utive Summary
William Groves is pleased to present this application for allocation of the Commercial
Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the
construction of a new building for the expansion of the operations of Paul's Fabricating and
Machine Works, Inc. in Renewal Community Corpus Christi.
Located at 7325 IH 37 and near the intersection of IH 37 and SOuthern Minerals Road,
construction on the facility will begin in the first quarter of 2007 and be placed in service in June
of 2007
Paul's Fabricating and Machine Works, Inc. was established in March of 1981 and has
o~ted under the same ownership for 24 years. The company is a producer of finished
machined parts as well as fabricated works produced in the welding shop. PFM has the
capebdities to machine most metals with state-of-the-art CNC machines.
Plans call for construction to begin January 2007 with completion scheduled for June
2007. The building budget of $275,000 would include a metal building 50 x 75, concrete
fOWlclation, electrical, plumbing and finishing.
As shown in the development plan, since the costs to improve the property are for the
construction of a new building, the expenditures meet all tests for project qualification under
SeGtion 14001 of the Internal Revenue Service Code. Projected cost for all real property
im,.-ovements is $275,000 and therefore an allocation of $275,000 is requested from the 2006
allocation.
The total investment for this project will be $300,000 including working capital and
equipment relocation costs. Evidence of financial resources is provided by a financing letter from
Baftco Popular and a copy a the deed of trust is included. Involvement of Residents and Non-
profit groups includes identifying residents of the area in order to take advantage of the Renewal
Community Employment Tax Credit and also as an attempt to reach the employment
requirements for obtaining Zero Percent capital Gains on the ultimate sale of the property.
.......
PI tip8rty Description and Location
Leal! Descriotion and zoning
The building expansion project is at located 7325 IH 37 near the intersection with
Sot.thern Minerals Road and the legal description of the property is Mid Gulf Industrial Tracts Lot
4-A, 4-8 and 4-C. Zoning is consistent with current uses of the property.
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New building expansion of manufacturing space with dimate controlled environment.
Ploposed new addition will add approximately 3,750 square feet to an existing structure giving a
total floor space of 6,250 square feet. Our objective is to climate control this area and transfer
th&matn machining process to this new area. The current 7,500 sq. ft. machining area would
become material storage, material processing and fabrication. The new air-conditioned area
woWd enhance the machinist productivity, improve machine reliability and attract the best
machinist to our business.
eo.trudIan Budget
Plans call for construction to begin January 2007 with completion scheduled for June
2007. The building budget of $275,000 would include a metal building 50 x 75, concrete
fouIdation, electrical, plumbing and finishing.
.....
Attachment "7"
Project Name Michael Berry
Project Location 11174 Up River Road
Project Census Tract 50
Ne\\' Jobs Created 9
Jobs Retained 12
Total Investment $650,000
Placed in Service April 2006
Allocation Request $550,000
S~marv
The Chicken Shack was operated by R D. Shepard upon its opening in 1939
at 3006 Leopard Street. After eight years, the Chicken Shack moved three
blocks east of its original location, remaining there until 1971. In 1997,
Michael Berry leased one of the vacant locations of Shep's Chicken Shack
looated on Leopard Street and grew the business until that location did not
provide enough physical space for continued operations. In 2002, the land
was purchased and financing and planning was initiated. Construction
commenced on the facility in the third quarter of 2005 and the restaurant
opened for business on April 5, 2006.
E-=utiYe SUmmary
Michael Berry is pleased to present this application for allocation of the Commercial
Revitatization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the
construction of a new location for The Chicken Shack in Renewal Community Corpus Christi.
Located at 11174 Up River Road and placed in service in the second quarter of 2006, the
location for the Chicken Shack is a newly constructed facility located near the intersection of IH -
37 and Violet Road Total construction costs are $546,726 and including investment in land and
restaurant equipment, total investments in the facility are $650,000.
The Chicken Shack in Corpus Christi was operated by R.D. Shepard upon its opening in
1939, at 3006 Leopard Street. After eight years the Chicken Shack moved three blocks east of it
original location, and remained there until 1971. In 1997, Michael Berry leased one of the
vacant locations of Shep's Chicken Shack located on Leopard Street and grew the business until
that: location did not provide enough physical space for continued operations. In 2002, the land
was purchased and financing and planning was initiated. Construction was commenced on the
fadlity in the third quarter of 2005 and the restaurant opened for business on April 5, 2006.
As shown in the development plan, since the costs to improve the property are for the
construction of new buildings the expenditures meet all tests for project qualification under
Seltion 14001 of the Internal Revenue Service Code. Actual cost for all real property
improvements is $546,746 and therefore an allocation of $550,000 is requested from the 2006
allOcation.
The total investment for this project will be $650,000, including cost of the land including
the cost of the land and restaurant equipment. Evidence of financial resources is provided due to
the fact that the facility is constructed and in-service with a copy of the deed of trust is included.
In\1:>lvement of Residents and Non-profit groups includes identifying residents of the area in order
to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to
reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale
of the property.
property Description and Location
Leaal I1Iac:rrjotion and zenina
The project is located at 11174 Up River Road and the legal description of the property is
Lot Three (3) Noakes Partition. Zoning is consistent with current uses of the property.
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Development Plan
After three and a half years of planning and arranging the financing for construction, the
new Chicken Shack location at 11174 Up River Road opened for business on April 5, 2006.
Construction Budget
As shown on the following construction cost breakdown from Innovative Construction,
Inc., total general contractor costs for construction the building and real estate improvements
was $519,579.00. In addition to the general contractor, additional amounts were expended for
fendng, signage and utility connections making total construction costs $546,726 in accordance
with the following schedule. Therefore an allocation of $550,000 is requested with this
application.
General Contractor
Utility Connection
Utility Connection
Utility Connection
Signage
Fencing
$519,579
3,682
1,400
1,489
18,348
4,250
Total Construction
$546,726
'""""'"
Attachment "8"
Project Name Don Kirchberg
Project Location Rhew and Leopard
Project Census Tract 35
Ne\IV Jobs Created 0
Jobs Retained 15
Total Investment $2,000.000
Placed in Service June 2007
Allocation Request $550,000
Summary
Mr. Kirchberg currently owns and operates an industrial park located at Rhew
and Leopard Road where he leases several buildings and production yards to
companies primarily operating in the petroleum industry. He plans the
expansion of this industrial park to adjacent vacant land by the construction of
necessary improvements to the real estate for water, drainage and wastewater
service. These basic services will allow Mr. Kirchberg to offer addition build to
suit and rental mdustriallocations
fveeutive SUmmary
Don Kirchberg is pleased to present this application for allocation of the Commercial
Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the
construction of a new building for the construction of Phase I of Rhew Road Industrial Park in
Renewal Community Corpus Christi.
Located with frontage along Leopard Street at the intersection of Rhew Road with
frontage along Rhew Road, construction on the facility will begin in the fourth quarter of 2006
and be placed in service in September of 2007.
Don Kirchberg purchased the property in 1994 and has always been undeveloped
agrtcutturalland. Mr. Kirchberg began developing the site as build to suit leased industrial
prwnises and a portion of the property now houses the operations of Huisache Energy.
Hl..isache's facilities are leased from Mr. Kirchberg. In order to be able to develop the rest of the
87-ecre site for build to suit industrial rental facilities, basic infrastructure such as water and
sewage facilities needs to me constructed. Phase I of the Rhew Industrial Park antidpates the
construction of these real property improvements in order to attract build to suit tenants. Plans
call for construction to begin the fourth quarter of 2006 with completion scheduled for September
of 2007
As shown in the development plan, since the costs to improve the property are for the
cORStruction of a new building, the expenditures meet all tests for project qualification under
Section 14001 of the Internal Revenue Service Code. Projected cost for all real property
improvements is $545,390 and therefore an allocation of $550,000 is requested from the 2006
allOcation.
The total investment for this project could be in excess of $2,000,000 including additional
build out of subsequent phases of build to suit facilities for tenants. Evidence of financial
reIDUrces is provided by a financing letter from Texas State Bank and a copy of the deed of trust
is included. Involvement of Residents and Non-profit groups includes identifying residents of the
area in order to take advantage of the Renewal Community Employment Tax Credit and also as
an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on
the ultimate sale of the property.
....
P...-rtY Description and Location
I PdIII Descriotion and zonina
The Rhew Road Industrial Park is located at the intersection of Leopard and Rhew Road.
A legal description of the property is Eleanor Tract sId TR 2, Assessors Map 141 32.36 acres out
TR 4 5 of HWY 9 (formerly 263-141-403) and Assessors Map 141 54.57 acres out TR 4 5 of Hwy
9 (Formerly 263-141-400) Zoning is consistent with current uses of the property.
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Don Kirchberg purchased the property in 1994 and which is undeveloped agricultural land.
Mr. Kirchberg began developing the site as build to suit leased industrial premises and a portion
of the property now houses the operations of Huisache Energy. Huisache's fadlities are leased
from Mr. Kirchberg. In order to be able to develop the rest of the 87-acre site for build to suit
inciastrtal rental facilities, basic infrastructure such as water and sewage fadlities needs to me
constructed. Phase I of the Rhew Industrial Park anticipates the construction of these real
pro,erty improvements in order to attract build to suit tenants. Plans call for construction to
~ the fourth quarter of 2006 with completion scheduled for September of 2007.
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COISTRUCTION BUDGET
DESCRIPTION
RHEW INOUSTRIAL TR-\CTS UNIT 1. PRELIMINARY COST ESTIMATE
I'CE
971 390PCEJ
7131106
f .ffEM t " O'._n._"._U"~
ICONSTRUCTION ITEMS
1
I STORM SEWER ITEMS
i-2- TEMPORARY DRAINAGE DITCH EXCAVATION
i ;:: TEMPORARY DETENTION BASIN EXCAVATION
! :3 15. RCP DENTENTION BASIN DRAIN
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QUANTITY
___ H _.____.__.
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717
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300
404
15
- -- ---.----------.
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toFFSITE SANITARY SewER ITEMS .--- -- 1--
F'- 112" PVC PIPE ----- ----T
~ FGMANHOLE---.---- --"---
[~_.'<> PAVEMENT PATCHING _____"4_._.__._~_
f-- " IREHAB EXIST1NG MANHOLE ' ,.. --- .- n____
TRAFFIC CONTROL DURING CONSTRUe IrON FOR -----
1-:.,- ~=~~~~ ~~~~~YF~~~~~ PIPE
t-- EASEMENTS
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UNIT
UNIT PRICE
LS
LS
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LF
LF
LF
LF
LF
LF
EA
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15,000.00
24.00
24.00
29.00
43.00
45.00
49.00
92.00
3.700.00
TOTAl STORM SEWER ITEMS $
~---
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4 EA 3,500.00
1 LS 10,000.00
1 LS 4.000.00
LS 5,000.00
1400 LF 2.00
1 LS 15.200.00
-----~----_.
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TOTAL OFFSITE SANITARY SEWER ITEMS $
joNSIT~ SANITARY SEWER ITEMS ____====:.__._ ---
l-,'- 110. PVC PIPE , ___.__ ._ 1950 LF 32.00 $
~-_---lFG MANHOLE _____ 4 EA 3.500,00
! 3 4" PVC SERVICE ___~__.",. ,___ 18 EA 300.00
r"::RENCH S:FETY FOR '':~ _ __ ~o-=':SfTE SAN:ARY seweR ,,: .
f---- ' .----.,----- -.----- ------
'12" WATER GRID MAIN ITEMS_______ _._., _,__.,,___ _L
12" pvc PIPE. ,__ _ .L~ 2500
" 12"GATEVALVEW/BOX 6
FH ASSEMBl V 9
__-..___.. ___ ,,_______._,,_____.__ _"____M_____"_~
L.l 12uTEE ___ __ __________"'_____ 9
i c, 12" CAP 1
I ~ 6. GATE VALVE WfBOX---- -- -------- 9
;--."'. 16" 90 El - 9
Ii' -16" X 30" DIAMETER PVC PIPE NIPPLE -- . -" 27
ie,- 112" X au ADAPTER - - ----;--
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EA
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EA
EA
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45.00 $
2,000.00
3.000.00
500.00
350.00
650.00
300.00
400,00
400,00
3,000.00
I
--- - ~~_....._--
TOTAL 12" WATER GRID MAIN ITEMS $
----. ,- ----- ,"-----^-- I
----- -- -----
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-- 10% CONTINGENGIES $
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-..--- ,-~-~ ----- -" JOTAL CONSTRUCTION ITEMS S
~-----. _.-t--~~.. --~,-
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AMOUNT
2.000.00
15.000,00
18.000.00
11.040.00
20,793.00
25,800.00
13.500.00
19,796.00
1.380.00
3.700.00
131,009.00
49.000.00
14.000.00
10.000.00
4,000_00
5.000.00
2.800.00
15,200.00
100,000.00
62,400.00
14.000.00
5,400.00
3,900.00
85,700.00
112.500.00
12,000.00
27,000.00
4,500.00
350.00
5,850.00
2,700.00
10,800.00
400.00
3.000.00
179.100.00
495,809.00
49.581.00
545,390.00
Attachment "9"
Project Name: Nueces Hotel Holdings, LP
Project Location IH 37 and Nueces Bay Boulevard
Project Census Tract 5
New Jobs Created 13
Jobs Retained 0
Total Investment $5,000,000
Placed in Service July 2007
Atk>cation Request $1.475,000
SYfTlmarv
Ntieces Hotel Holdings, LP is constructing a new Red Roof Inn. The building
will be a three story, 87 room structure with amenities such a s a swimming
pool, meeting room, coffee room, fitness center and lush landscaping.
E~utive Summary
Nueces Hotel Holdings, lP IS pleased to present this application for allocation of the
Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization
Deduction for the construction of a new Red Roof Inn in Renewal Community Corpus Christi.
Located at the corner of IH 37 and Nueces Bay Boulevard, construction on the facility will
begin in the fourth quarter of 2006 and be placed in service in July of 2007. The Red Roof Inn is
planned to be a three storv, 87 room structure with amenities such as a swimming pool, meeting
room, coffee room, fitness center and lush landscaping.
The Red Roof Inn Corpus Christi IS being developed by Southcorp Realty Advisors, Inc.
with home offices in Houston, Texas. Southcorp has extensive experience in the development
and management of hotel properties in South Texas, Industrial and Commercial properties as well
as multi-family housing projects. Recent specific experience with hotel development includes the
Studio 6 Hotel In Ingleside, Texas, the Hawthorne Suites Hotel in Mission, Texas and the Studio 6
ext8'lded stay suites in McAllen, Texas,
As shown in the development plan, since the costs to improve the property are for the
construction of a new building, the expenditures meet all tests for project qualification under
Section 14001 of the Internal Revenue Service Code. Projected cost for all real property
improvements is $4,347,991 and therefore an allocation of $4,400,000 is requested from the
2006 allocation
The total investment for this project will be $5,000,000 including cost of the hotel
equipment, but not the land purchase. Evidence of financial resources is provided by a financing
letter from Inter National Bank and a copy of the deed of trust is included. Involvement of
Residents and Non-profit groups includes identifying residents of the area in order to take
advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach
the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the
property
Pleperty Description and Location
l.eQJ1 Oescriotion and zonina
The project is located at the comer of IH 37 and Nueces Bay Boulevard and the legal
description of the property is Forest Park No 2 1.7466 ACS out of Lot 17. Zoning is consistent
with intended uses of the property.
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exterior and composite shingle roof. The drives and parking areas will be paved with concrete.
Amenities include a swimming pool, meeting room, coffee lounge, laundry room, fitness center
and lush landscaping. Public utilities will be extended to and through the site and sever fire
hydrants will be installed on both Buffalo Street and the IH-37 frontage road. Total investment in
the.site is estimated at $5,000,000 plus land costs.
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Slto/Grading/Paving
Building
Furniture/FixtureslEqu Ip
Lan dscape/lrr~gatro n
:::: ati o/P 00 1/\/ 0 lie '1ba i I
Signage
Contingency
Security S~/stem
UtWty Construction
PBX Phone System
PfV1S Computers/Software
Network Hardware
Or-;-Conlmand System
Const Offc ExptT rave
Project Manager
Opening InventorL______
Total Construction Cost
$ 250,000
3,118,850
~.87 1.5C,
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25,000
80 ,000
80.000
217.691
4,500
28,OCO
42,000
25. DOG
I 300
1 b,500
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25,UOO
32 000
~
$ .1,347,991
RESOLUTION
NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR
RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS
WHEREAS, the Department of Housing and Urban Development designated the City of
Corpus Christi's Census Tracts 1, 3,4,5,7, 10, 11, 13,35, and 50 as a "Renewal
Community" eligible to share in tax incentives to stimulate job growth and promote
economic development
VVHEREAS, the Renewal Community designation provides federal tax incentives to
businesses located in the Renewal Community;
WHEREAS, each Renewal Community may allocate $12 million of Commercial
Revitalization Deductions per year and up to $10 million per project for substantially
rehabilitated or newly construction buildings in the Renewal Community;
WHEREAS, a business can deduct 50 percent of the building in the first year the building
IS placed in service or deduct the full amount of eligible expenditures pro rata over 10
years;
WHEREAS, each Renewal Community may make the following types of allocations of the
Commercial Revitalization expenditure amounts-an allocation in the calendar year in
which a qualified revitalization building is placed in service; a binding commitment to make
an allocation of a specified dollar amount to a qualified revitalization building in the
calendar year in which the building is placed in service; and a carryover allocation;
WHEREAS, each Renewal CommunIty must submit to the Office of the Governor a plan
for awarding its $12 million in Commercial Revitalization Deductions ("Allocation Plan");
WHEREAS, on December 20,2005, the City Council adopted its Allocation Plan, titled
"City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's
Renewal Community Commercial Revitalization Deduction Allocation Program" ("Local
Strategic Plan") to submit to the Office of the Governor; and
WNEREAS, pursuant to its Local Strategic Plan, the City published notice of the
Commercial Revitalization Deduction application process, received applications, and
reviewed applications fo, compliance with the Local Strategic Plan;
WHEREAS, on October 31, 2006, the City nominated 4 projects for allotments totaling
$5,200,000 and now desires to nominate 9 projects for allotments totaling $6,800,000 for
2006 to complete the $12,000,000 allocation for the current year;
NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF
CORPUS CHRISTI, TEXAS,
SECTION 1. The following project is approved by the City of Corpus Christi and
nominated for approval by the Office of the Governor to certify the following allocation of
the Commercial Revitalization Deductions totaling $6,850,000:
eRD resolutIon revitalization 061114
2
a HBP Partners, Ltd., to receive an allocation for $1,400,000 from 2006
Commercial Revitalization Deductions for a building located at 500 North Water
Street.
b Brewster Street Ltd., LP" to receive an allocation for $700,000 from the 2006
Commercial Revitalization Deduction for a building located at 1724 N. Tancahua
Street.
c John Murray, Jr to receive an allocation for $550,000 from the 2006 Commercial
Revitalization Deduction for a building located at 5110 IH-37.
d Train Brothers, Ltd., to receive an allocation of $850,000 from 2006 Commercial
Revitalization Deduction for a building located at 2500 Agnes Street.
e Thomas Davis Sr. to receive an allocation of $450,000 from 2006 Commercial
Revitalization Deduction for a building located at 622 McBride Street.
f William Groves to receive an allocation of $275,000 from 2006 Commercial
Revitalization Deduction for a building located at 7325 IH 37.
g Michael Berry to receive an allocation of $550,000 from 2006 Commercial
Revitalization Deduction for a building located at 11174 UpRiver Road.
h Don Kirchberg to receive an allocation of $550,000 from 2006 Commercial
Revitalization Deduction for a building located at Rhew and Leopard Road.
I Nueces Hotel Holdings, LP, to receive an allocation of $1,475,000 from 2006
Commercial Revitalization Deduction for a building located at IH 37 and Nueces
Bay Boulevard
SECTION 2. The City Manager or his designee is authorized to execute a certification to
the Office of the Governor that the City of Corpus Christi has followed the procedure in its
Allocation Plan, and to the best of his or her knowledge, the application approved in this
Resolution is complete and meets the requirements of the commercial revitalization
deduction program
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
eRD Resolution revitalization 06103~
........
3
Approved: November 8 2006
~--
AlSistant City Attorney
for City Attorney
CRD Resolution revitalization 06103
4
Corpus Christl, Texas
of ______ . ' 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
eRD Resolution revitalization 06103 '
24
1Il!!IIlI"'''-
CITY COUNCIL
AGENDA MEMORANDUM
November 14, 2006
AGENDA ITEM:
a Public Hearing to amend the City's Comprehensive Plan by amending the Master
Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of
the master plan covered by Study Areas 5 & 6 and by approving and adopting the
Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study
A.reas 5 & 6 and Whitecap VVVVTP Service Area Study Areas 7, 8, 9, 10, 11 & 12; and,
h Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary
Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the
master plan covered by Study Areas 5 & 6 and by approving and adopting the
Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study
A.reas 5 & 6 and Whitecap VVVVTP Service Area Study Areas 7,8,9,10,11 & 12.
ISIUE: The adoption of the Wastewater Collection System Master Plan, Greenwood WWTP
Service Area, Study Areas 5 & 6 and Whitecap WWTP Service Area Study Areas 7,8,9, 10, 11 &
12 addresses present and future development in the Study Areas by providing an update to the
ex;sting master plan and a master plan for the majority of Padre Island. The amendment to the
master plan is part of the City Comprehensive Plan subject to Council approval.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~~l\.~ /
, -eborah A MarrOqu,",~
I nt.rim Director of Developmer(!)3ervlces
/
~6
Attachments'
Exhibit A
Exhibit 5A
Exhibit 5B
Exhibit 6
Exhibit 7
Exhibit 8
Background Information
Wastewater Collection System Master Plan Area 5 West
Wastewater Collection System Master Plan Area 5 East
Wastewater Collection System Master Plan Area 6
Wastewater Collection System Master Plan Areas 7 & 8
Wastewater Collection System Master Plan Areas 9,10,11, & 12
-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Amendment to the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963)
by repealing the portions of the master plan covered by Study Areas 5 & 6 and by approving and
adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study
Areas 5 & 6 and Whitecap WWTP Service Area Study Areas 7,8,9, 10, 11 & 12.
BACKGROUND: The City recognized a need for additional wastewater master planning in
response to subdivision development occurring in the western area of the City and Padre Island. In
response to the need for master planning the City contracted with Brown and Caldwell Inc. to
prepare master plans for twelve selected areas of the City. The first master planning effort
completed by Brown and Caldwell was for Sewer Planning Area 30 (SPA 30), The second master
planning effort was for Study Areas 1, 1 A 3. and 4 The current and final master planning effort is
for Study Areas 5 6 7.8,9 10. 11 & 12
The objective of the Master Plan IS to prOVide a wastewater management system that will meet the
needs of Study Areas 5,6, 7,8, 9, 10, 11 & 12 throughout interim development and final build out.
The analysis of Study Areas 5, 6, 7. 8, 9. 10, 11 & 12 addressed the proposed and existing of lift
stations in the Study Areas coverage of the service area boundaries, review of the service area
boundanes and intensity of development consistent with the adopted land use master plan.
Differences between the eXisting master plan and the proposed master plan are shown below:
· The service area boundaries in the proposed master plan are updated and more clearly
defined
· The City's Adopted Future Land Use plan (2005) was incorporated into the proposed master
plan
· The City's 2003 LI DAR elevation data was Incorporated into the proposed master plan to
more correctly represent each sub-basin's topography.
The final deliverable for Brown and Caldwell's analYSIS of Study Areas 5, 6, 7, 8, 9, 10, 11 & 12
includes a wastewater collection system master plan and associated land use and planning maps
that show the recommended wastewater collection system improvements for each Study Area.
Planning Commission recommended adoption of the proposed amendment at the regularly
scheduled meeting on November 1 2006
EXHIBIT A
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EXHIBIT 8
Page 1 of 3
ORDINANCE
AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE
MASTER SANITARY SEWER PLAN (MASTER PLAN FOR SANITARY
SEWERS 1963) BY REPEALING THE PORTIONS OF THE MASTER
PLAN COVERED BY STUDY AREAS 5 & 6 AND BY APPROVING AND
ADOPTING THE WASTEWATER COLLECTION SYSTEM MASTER
PLAN, GREENWOOD WWTP SERVICE AREA, STUDY AREAS 5 & 6
AND WHITECAP WWTP SERVICE AREA STUDY AREAS 7, 8, 9, 10, 11
& 12; PROVIDING FOR PUBLICATION
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the adoption of the of the Wastewater Collection System
Master Plan, Greenwood \NWTP Service Area, Study 5 & 6 and Whitecap WWTP
Service Area Study Areas 7. 8, 9, 10 11 & 12 and
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 1, 2006, during a meeting of the Planning Commission, and on Tuesday,
November 14, 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
WNEREAS, the City Council has 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 City's Comprehensive Plan is amended by amending the Master
Sanitary Sewer Plan, adopted July 27, 1983 by Ordinance No. 17743 (Master Sanitary
Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, the Master Plan for
Sanitary Sewers 1963. and the Master Plan for Sanitary Sewers in Flour Bluff) by
rescinding the portions of the Master Plans covered by Study Areas 5 & 6 and by
approving and adopting the Wastewater Collection System Master Plan, Greenwood
\NWTP Service Area, Study Areas 5 & 6 and Whitecap VWVTP Service Area Study
Areas 7, 8, 9, 10, 11 & 12 are approved and adopted, and made a part of the
Comprehensive Plan of the City of Corpus Christi, as shown in attachment 1, which is
att8ched to and incorporated into this ordinance. A copy of the Wastewater Collection
S~tem Master Plan, Greenwood WWTP Service Area Study Areas 5 & 6 and
Whitecap WWTP Service Area Study Areas 7 8. 9, 10, 11 & 12 is on file with the City
Secretary
SECTION 2. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
H\lEG-DI R\Shared\GaryS\agenda .20061 11-14\AmendCompPlanGreenwoodWhitecapWWTP.doc
-
Page 2 of 3
SECTION 3. The City Council Intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, If any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision. clause. phrase word or provision of this ordinance.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor. City of Corpus Christi
APPROVED: November 8. 2006.
~/A~
G ',. . Smith
Assistant City Attorney
For City Attorney
H:\LEG-DI R\Shared\GaryS\agenda 2006\ 1 ' -14\AmendCompPlanGreenwoodWhitecapWWTP.doc
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the ____ day of __.____ ' 2006, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Ma rk Scott
Jerry GarcIa
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __ ______. 2006. by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
PASSED AND APPROVED, this the
day of
,2006.
ATTEST
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: November 8, 2006
By:
Gary W. Smith
Assistant City Attorney
for City Attorney
H\LEG-QI R\S hared\GaryS\agenda\2006\ 11-14\AmendCompPlanGreenwoodWhitecapWWTP ,doc
~.
25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11/14196
A8ENDA ITEM: Ordinance amending the Code of Ordinances Chapter 4, Alcoholic
B.,erages, by adding Section 4-8, Open Containers and Consumption of Alcoholic
B..,erages Prohibited in Certain Public Places; providing for severance, providing for
publication, providing for penalties, and declaring an emergency.
IsaUE: The unregulated publk; possession and consumption of alcohol has created
m.lTlerous public safety and nuisance problems in this geographical area.
RIQUIRED COUNCIL ACTION: Passing of the ordinance.
PREVIOUS COUNCIL ACTION: Resolution passed 5/09/06 to submit application to TABC
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance.
Bryan P. Smith
Chief of Police
Atlachments:
. Ordinance
. Map
,.,...
BACKGROUND INFORMA liON
The City of Corpus Christi recognizes that unregulated public possession and
consumption of alcohol has created numerous public safety and nuisance problems in
certain areas of town. The Texas Alcoholic Beverage Commission (TABC) provides for
the City to petition them for an order authorizing the City Council to adopt an ordinance
prohibiting the possession of an open container of an alcoholic beverage and the public
consumption of an alcoholic beverage within the Corpus Christi Central Business
District ("District")
This district is a compact and contiguous geographical area of the City in which at least
ninety percent (90%) of the land is used for commercial purpose. It is within this district
thtlt there are individuals who engage in activities that create nuisances and pose
th,.ats to the health and safety of the citizenry of the City. These activities may hinder
the efforts of the City, to include those of merchants located with the District, in
attracting citizens and visitors to the City in general.
The City recognizes the potential issues associated with open containers and public
consumption of an alcoholic beverage; therefore, the City Council deemed it necessary
and proper and in the best interests of the citizenry of the City to petition the
Commission for an order to adopt an ordinance prohibiting the possession of an open
container of an alcoholic beverage and the consumption of an alcoholic beverage
within the District which was done by resolution on May 9, 2006.
Once the resolution was passed by Council in May, the application and the map were
sent to T ABC for review After T ABC held its hearing on the matter, the order and
authorization to pass an ordinance creating the district was received by the City on
August 3, 2006. The ordinance has been drafted and is now and brought to City
CClJncil for approval.
~
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 4,
ALCOHOLIC BEVERAGES, BY ADDING SECTION 4-8, OPEN
CONT~ERS AND CONSUMPT~N OF ALCOHOL~
BEVERAGES PROHIBITED IN CERTAIN PUBLIC PLACES;
PROVIDING FOR SEVERANCE, PROVIDING FOR
PUBL~AroN, PROVIDING FOR PENALTIES, AND
DeCLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Chapter 4, Alcoholic Beverages is amended by adding Sec. 4-
8, Open Containers and consumption of alcoholic beverages prohibited in certain
public places, to read as follows:
Sec. ~ Ooen con~ _net consumotion of alcoholic beveraaes
1DbIt*ed In certain Dub~lc Dlaces.
(a) Definitions:
Corous Christi Central Business District shall mean the area contained within the
mao submitted to Texas AlcohQlic Beveraae Commission for 8oDroval. a CODY of
which is on file wittl the City SecretarY and incoroorated here by reference. with
the boundaries beainnina on Buford. at the intersection with Shoreline. then west
to Alameda. north to 1.JDan. west to Joseohine. north to the alley way between
~tina and Leooard. Ulan west on the allev way to Coke Street. then south to
Commanche. then west to Palm Drive. then north ~o Up River Roacl. then west to
the Woodlawn Shoooina Center. then southwest to the southerly ooint of the
Woodlawn ShoDina Center. then northwest to the intersection of Elmore and
Leooard to include the Woodlawn &hoooina Center. then east on Leooard to
Oliver Ct. then northeut to the Oliver Ct. dead-end and alona the orooertv line
to Buddv Lawrence. then southeast to Nueces Bav Blvd.. to include the shoooina
C8I1ter 8'1d U. S. Post Office. then north to the northsi~ frontaae road on
Interstate 37. then east to Ramirez. then northwest to Waco. then northeast to
West Broadwav. to induqe the Olq Bavview CemeterY. then alono West
Broadwav. then north from the end of Stillman Road to Harbor Drive. then east
on Harbor Drive to Chaoarral Street. then to the midway ooint of the Harbor
Bridae. then east into the Corous Christi Bay to include the sooil island off the
ba'ae dock. continuinG south to include all the T -Heads. then to Shoreline Drive.
iust before McGee Beech. and south to the ooint of beainnina at f3uford.
QDen container shall mean a container that is no loncer sealed.
~
tb) A oerson commits an offense if he or she oossesses an ooen oontainer of or
fOOSumes an alcoholic beveraae within the Corcus Christi Central Business
District.
tc) It is a defense to orosecution under subsection (b) of this section that the
~on:
( 1 ) Was in attendance at an event that was authorized bv the City
Manaaer or the City Manaaer's desianee:
(2) Was within the area of an establishment licensed bv the Texas
Alqoholic Bev8f11Ce Commission for alcot'lol oonsumotion on the oremises:
(3) Was inside a motor vehicle:
(4) Was inside a buildina not owned or controlled by the city: or
(5) Was inside a residential structure or on residential orooertv with the
owner's consent.
(d) If a Derson DOsselSeS or has in his DOssession an QDen container
aoecificalv made for t~ OurD0S8 of containina an aIcotxllic beyeraae and
pq,Ied .. containina 81 alcoholic beveraae. it shall be oresumed that any
content therein is an alcoholic beveraae.
te) Nothina in this seqtion is intended to orohibit or otherwise control the
ma'lufact.ure. sale. disQibution. transoort,tion. or oossession of al~Qlic
bevera086. exceot to the extent anowed by state law.
* * * * *
SecTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6.
SECTION 5. That upon written request of the Mayor or five Council Members,
the City Council (1) finds and dedares an emergency due to the need for
......
immediate action for the efficient and effective administration of City affairs; and,
(2) suspends that Charter rule which requires an ordinance to be considered and
voted upon at two regular meetings, so that this ordinance is passed and takes
effect as an emergency measure upon its first reading on this the 14th of
November, 2006,
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Approved as to legal form ;J;VfUl~V' 1 2006.
By ~ Lt-.-
Jo h Harney "\
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
BEFORE THE
TEXAS ALCOHOLIC
BEVERAGE COMMISSION
ORDER
On this 31st day of July 2006, came for consideration the petition of the City of Corpus
Christi requesting that the Texas Alcoholic Beverage Commission adopt an Order pursuant
to ~109.35 of the Texas Alcoholic Beverage Code, V.T.C.A., that allows the prohibition of the
poss_sion of an open container and the public consumption of alcoholic beverages in the
Central Business District of the City of Corpus Christi. The Commission finds:
Section A. The City's resolution--determining the possession of an open container
and pUblic consumption of alcoholic beverages in the City's Central Business District poses
a risk to the health and safety of its citizens--is properly submitted. The resolution is
attached as Exhibit 1, which is incorporated herein by reference and made a part of this
Order.
Section B. The map showing the Central Business District of the City of Corpus
Christi, properly identifies the Central Business District of the City of Corpus Christi and
meets the requirements of ~109.35(d), Texas Alcoholic Beverage Code, V.T.C.A. The map is
attached as Exhibit 2, which is incorporated herein by reference and made a part of this
Order.
It is, therefore. Ordered that:
Section 1. Subject to Section B above, the City of Corpus Christi may enact an
ordin8f1ce prohibiting the possession of an open container and public consumption of
alcoholic beverages in its Central Business District consistent with the provisions of this
Order and ~109.35, Texas Alcoholic Beverage Code, V.T.C.A.
Section 2. This Order does not prohibit the possession of an open container or the
consumption of alcoholic beverages in motor vehicles, buildings not owned or controlled by
the City of Corpus Christi, residential structures, or licensed premises located in the Central
Business District.
Section 3. This Order shall remain in force and effect until such time as it is revoked
or rescinded by the Commission.
Signed and entered this the 31st day of July 2006.
TEXAS ALCOHOLIC BEVERAGE COMMISSION
}./~
.
~~ M(J./J~
~addj:~ d
* -
Jose Cuevas, Jr., ember
26
,~,....,~
Requested Council Date: 11/14/06
Alternate Date: 12/12/06
COUNCIL MEMORANDUM
A ) APPROPRIATING $1,036,000 FROM THE UNRESERVED FUND BALANCE IN NO.
1020 GENERAL FUND FOR "ONE TIME" EXPENDITURES APPROVED IN THE FY 2006-
2007 OPERATING BUDGET INCLUDING: CENTRAL LIBRARY FIRE PANEL $50,000;
AIR CONDITION SYSTEMS FOR BEN GARZA GYM $50,000, LINDALE SENIOR
CENTER $17,000. AND ETHEL EYERLY SENIOR CENTER $19,000; FIRE STATION
DRIVEWAYS $100,000.. AND STREET MAINTENANCE $800,000; AMENDING THE FY
2006-2007 OPERATING BUDGET ADOPTED BY ORDINANCE 026908 BY INCREASING
APPROPRIATIONS BY $1.036.000: AND DECLARING AN EMERGENCY
B) Mohon approvmg the purchase of three (3) asphalt rolling machines from Conley Lott-
Nichols. Dallas. Texas fi)r a total amount of$170,511 The award is made in accordance with the
cooperatIve purchasing agreement with the Texas Local Government Cooperative. All three
machines are replacements to the fleet Funds fi)r the machines are available in the Street
OperatlOns Budget
******************************************************************************
Purpo se
These machines will be used by the Street Department in day-to-
day operations to compact newly laid asphalt.
Basis of Award
This equipment will be purchased through the Texas Local
Government Purchasing Cooperative's electronic purchasing
system, called the BuyBoard. The Cooperative is administered by
the Texas Association of School Boards and is endorsed by the
Texas Municipal League (TML) and the Texas Association of
Counties (T AC) and abides by all Texas statutes regarding
competitive bidding requirements. Conley-Lott Nichols will be the
dehvering dealer; Anderson Machinery Company will be the
servIcing dealer on this equipment
Fundmg:
Street Department
550020-1020-12430
Capital Outlay Line Item Nos. 9 & 10
$170,511.00
BACKGROUND INFORMA nON
On January 10, 2006 the City Council passed Resolution No. 026605 reaffirming certain
fint.ncial policies, providing policies for maintenance of the General Fund Balance at an
adequate level and providing policy direction on preparation of the FY 2006-07 Budget. The
Resolution states it is the goal of the City Council to maintain a reserve in the General Fund
Unreserved Fund Balance which totals at least 10% of total annual General Fund appropriations.
The Resolution also stated that undesignated Fund Balance in excess of the 10% policy
re<Jlirement may be recommended for expenditure on one-time improvements, with a priority on
mfrastructure and equipment which will reduce the need for future debt. During the FY 2006-07
Budget process staff recommended and the City Council approved the following one-time
expenditures:
Central Library Fire Panel
Ben Garza Gym NC
Lindale Sr. Center NC
Ethel Eyerly Sr. Center Ale
Fire Station Driveways
Street Maintenance
TOTAL
$ 50,000
50,000
17,000
19,000
100,000
800.000
$1,036,000
-~
ORDINANCE
APPROPRIATING $1,036,000 FROM THE UNRESERVED FUND
BALANCE IN NO. 1020 GENERAL FUND FOR "ONE TIME"
EXPENDITURES APPROVED IN THE FY 2006-2007 OPERATING
BUDGET INCLUDING: CENTRAL LIBRARY FIRE PANEL $50,000; AIR
CONDITION SYSTEMS FOR BEN GARZA GYM $50,000, LlNDALE
SENIOR CENTER $17,000, AND ETHEL EYERLY SENIOR CENTER
$19,000; FIRE STATION DRIVEWAYS $100,000; _ AND STREET
MAINTENANCE $800,000; AMENDING THE FY 2006-2007
OPERATING BUDGET ADOPTED BY ORDINANCE 026908 BY
INCREASING APPROPRIATIONS BY $1,036,000; AND DECLARING
AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,036,000 IS appropriated from the Unreserved Fund Balance in
No. 1020 General Fund for "one time" expenditures approved in the FY 2006-2007
Operating Budget Including $50,000 for Central Library Fire Panel; $50,000 for Ben
Garza Gym air condition system; $17,000 for Ben Garza Gym air condition system;
$19,000 for Ethel Eyerly Senior Center air condition system $100,000 for Fire Station
driveways $800,000 for street maintenance
SECTION 2. That FY 06-07 Operating Budget adopted by Ordinance 026908 is
amended by increasing appropriations by $1,036,000
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the __ day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved lV DV
"-
By: ~_ ~
Lisa Aguilar -r;-
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
~-J-' 2006
CITY Of CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GINA SANCHEZ
OA TE 10/24/06
PRICE SHEET
BI-0060-07
BOMAG PNEUMATIC ROLLERrrOWABLE ROLLER
ITEM
DESCRIPTION
CONLEY-LOTT NICHOLAS
KEWANEE, ILLINOIS
Unit Extended
QTY. UNIT Price Price
Pneumatic Roller
unit
$59,646.00
$59,646.00
-
L
Towable Roller
~
unit
$55,43250
$110,865.00
Total
5170.511.00
27
.........__..._._-~
AGENDA MEMORANDUM
November 14, 2006
SUBJECT: Whataburger Field - Right Field Access Ramp - Project No. 6407
AGENDA ITEM:
Motion authorizing the City Manager or his designee, to execute a Design and Construction
contract with Corpus Christi Baseball Club, L.L.P, of Corpus Christi, Texas in the amount
of $-0- for the construction of a Right Field Access Ramp at Whataburger Field.
FUNDING: Funding will be supplied by the Corpus Christi Baseball Club, L.L.P.
RECOMMENDATION: Approval of the motion as presented
L../R P.- r~L I~ft....
~~(R ~scobar\ P. E.
Diflector of Engineering Services
~ITIONAL SUPPORT MATERIAL
E.... ibit A Background Information
Exhibit B Contract Summary
Exhibit C Site Map
H:\MOME\KEVINS\GEN\BasebaII\RlghtFieldRampIMemo doc
BACKGROUND INFORMATION
PROJECT DESCRIPTION: The project will result in the construction of an ADA compliant access
ramp serving the right field stands. The ramp will provide improved access to the right field stands
and souvenir shop. The stands along the right field line are accessible only from stairways, one
elevator and the left field ramp
ADDITIONAL INFORMATION: While the stadium is fully compliant with the Americans with
Disabilities Act and Texas Architectural Barriers standards, the Hooks management felt a right field
access ramp would dramatically enhance the stadium. The team management approached City
staff with an offer to construct such a ramp at their expense. The offer was conditioned on the
Hooks being able act as their own construction manager. This would allow them to select and
negotiate directly with a contractor while avoiding the delays of bidding the project.
Hooks management also inquired whether it would be possible to receive a sales tax exemption for
materials incorporated into the ramp which would become property of the City. The City Attorney's
office researched alternatives and determined that such an arrangement was possible. The
arrangement was reviewed with the Comptroller's Office to ensure the arrangement met their
requirements.
The City Attorney's office did recommend that the City formally contract with the Hooks for design
and construction services to:
· ensure the work is properly design and constructed; and
· minimize City exposure to any claims that might arise.
CONTRACT: The contract will be directly between the City and Corpus Christi Baseball Club.
The Hooks will select and contract with the design team, contractor, testing laboratory. They
will pay for all expenses associated with the project. Prior to starting work the Hooks contractor
will provide the City with a certificate of insurance, payment and performance bonds. The City
wilf issue a sales tax exemption form, review the plans, conduct periodic inspections and make
the final Inspection prior to acceptance. See Contract Summary (Exhibit B).
FUNDING: Funding is provided by Corpus Christi Hooks Baseball, L.L.P.
IMPLEMENTATION SCHEDULE: The project is scheduled to be complete prior to the first home
game of the 2007 season.
H' \HOME\KEVI NS\GE N\Baseball\R ig htF ield Ramp \BkgExhA.doc
EXHIBIT
Page 1 of 1
CONTRACT SUMMARY
CONSTRUCTION MANAGER'S DUTIES
1) Construction Manager will retain the services of a firm(s) or individual(s) professionally and fully qualified to act
as the c1tsign professional registered or licensed to practice engineering by the State of Texas;
(2) The Construction Manager will select and contract with a qualified general contractor for the Project;
(3) Corwtruction Manager will ensure that all necessary licenses, permits, inspections, or other authorizations
necess.-y to construct the project are obtained by the contractor and its subcontractors;
(4) Co..truction Manager has or will secure the expertise, experience, and knowledge as well as the necessary
plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms
of the Contract;
(5) Prior to the award of a construction contract the Construction Manager will ensure its general contractor has
visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed
and operated and Construction Manager has performed such tests, if any, as are necessary to determine the
conditions under which the Work will be performed, and Construction Manager accepts the conditions of the Work
site and has taken those conditions into account in entering mto the Contract
(6) Construction Manager will pay all fees and expenses due and payable to the consultants, design professionals,
and general contractor.
(7) Construction Manager assumes full responsibility to City for the Improper acts and omissions of its
Subcontractors or others employed or retained by Construction Manager in connection with the Project.
REGULATORY GUIDELINES, REQUIREMENTS AND STANDARDS
Cltv's Review Of Desian Services Construction Manager shall submit all documents produced as part of the Design
ServiCel to City's Representative for review and approval in accordance with the terms of the Contract. Preoaration
Of Site Information: Construction Manager shall prepare or cause to be prepared, as necessary, surveys and
topographic information for the construction of the Project.
Retent., Of Geotechnical Consultants: In preparing the Design Documents, Construction Manager shall retain an
experieAced, qualified geotechnical consultant to evaluate all geotechnical considerations relating to the design and
construction of the Project
(Quality Of Desian Services: Construction Manager shall be responsible for the professional quality, completeness,
accuracy, and coordination of Design Documents. Construction Manager shall provide for all testing and
inspections required by sound professional architectural and engineering practices and by governmental authorities
having jurisdiction over the Pro!ect Copies of testing and inspection reports will be provided to the City's
representative.
Comoli4Jlce With Laws And Reaulatorv Reauirements: In providing Design Services, Construction Manager shall
comply with the lawful requirements of all federal, state, and local authorities having lawful jurisdiction over the
Project including the Texas Department of Licensing and Regulation
FINAL COMPLETION
Deterrnflation Of Final Comoletion: When Construction Manager believes that all of the Work is finally complete,
and CQt!lstruction Manager is ready for a final Inspection, Construction Manager shall so notify City's Representative
in writing. City's Representative will then make final inspection of the Work and, if the Work is complete in strict
accordance with the Contract. and the Contract has been fully performed then City's Representative will issue a
project acceptance memo
INSURANCE
Reaui~ Coveraae And Limits: Construction Manager shall have and maintain the insurance described in Exhibit
"A" attlEhed hereto and incorporated herein by reference during the entire performance of this Contract. Such
insuranee shall cover the claims and provide the limits of coverage set forth in Exhibit "A".
Proof Of Insurance: Construction Manager shall provide City's Representative with Certificates of Insurance
naming the City of Corpus Christl as an additional named Insured, or certified copies of the policies required by City
of Corpus Christi, and certifying that all insurance is in force within ten (10) days after the Contract becomes
effective or on the date construction is commenced, whichever occurs first. The certificates of insurance evidencing
the coverages required by the Contract shall contain an endorsement providing thirty (30) days notice to City of
Corpus Christl prior to any cancellation or alteration of said coverage. Said coverage shall be written by an insurer
acceptable to City of Corpus Christi and shall be in a form reasonably acceptable to City and City of Corpus Christi.
Coveraae: The Construction Manager will cause their contractor and subcontractors to provide proof of insurance
with the coverage per City standard insurance requirements
SURETY BONDS
Perforrna1ce Bond And Payment Bond: Construction Manager shall cause their contractor to furnish separate
perform*,ce and payment bonds to City of Corpus Christi. Each bond shall set forth a penal sum in an amount not
less thaft the Contract Price. Each bond furnished by Construction Manager shall incorporate by reference the
terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price
is adjustld by Change Order executed by Construction Manager, the penal sum of both the performance bond and
the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by
Construction Manager shall be in form suitable to the City of Corpus Christi and shall be executed by a surety, or
sureties, reasonably acceptable to City of Corpus Christi.
.... . \.lIproject\councllexhillila \..m8407.dWV
~<------~
AGNES
-- = i
INlERHA llONAl ~
AIRPORT
/
"~j._/
PROJECT
LOCA TION
~
CORPUS CHRISTI BAY
LOCA nON MAP
NOT ro SCALE
MNN fNTRANCf
CITY PIIOJECT No. fU07
J=-~_l__
E~AlIE
SITE PLAN
NOT ro SCALE
WHA TABURGER FIELD-RIGHT FIELD
ACCESS RAMP
CITY COUNCIL EXHIBrr
CITY OF CORPUS CHRISTI. TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DAm 11-08-2006
~
N
PROJECT
SnE
EXHIBIT .C.
I
- -
- -
28
CITY COUNCIL
AGENDA MEMORANDUM
DATE: November 14, 2006
AfaENDA ITEM: Request to Exempt Kitty Hawk Subdivision, located east of County
Road 41 and south of South Staples Street (FM 2444), from Wastewater Acreage/Lot
Fees, submitted on behalf of John Bratton, owner and developer.
elannina Commission'. Recommendation (9/20/06): Approval of Wastewater
Acreage/Lot Fees Exemption
sa.trs Recommendation (9/20/06): Denial of Wastewater Acreage/Lot Fees
Exemption.
Rfauested Council Action: Motion to approve or deny exempting Kitty Hawk
Subdivision from Wastewater Acreage/Lot Fees.
I.UE: The developer through his engineer has requested that his development, Kitty
Htwk Subdivision, located south of the Oso be exempted from paying wastewater
acreage fees into the Sanitary Sewer Trunk System Trust Fund which reimburses
developers when they improve wastewater trunk lines, force mains and lift stations.
RECOMMENDATION: Staff recommends denial of the request presented.
r'
Attachments
Exhibit A - Background
Exhibit B - Location Map
-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMA liON
BACKGROUND:
Ki" Hawk Unit 1 was approved by Planning Commission on July 27, 2005 with wastewater acreage
fees totaling $ 62,002.36 due to be paid upon the future plat recordation. The subdivision is
loceted within the city limits in the area of the Laureles Farm Tracts south of FM 2444 south of the
050 Creek. (See Exhibit B- Location Map). The developer, Mr. John Bratton, requests the City
exempt Kitty Hawk Unit 1 from payment of the wastewater acreage fees, per criteria in Section
VB.6.1) of the Platting Ordinance
CRITERIA FOR EXEMPTION:
The exemption of wastewater acreage fees as provided for in Platting Ordinance Section V.B.6.1)
states that exempted areas shall be those determined by the City Council to not likely be served by
City wastewater services Within the next fifteen (15) years. Ordinance No. 19048, 19047 approved
on 10-15-85 designated specific areas within the extraterritorial jurisdiction of the city to exempt
areas from payment of the wastewater and water acreage fees. The Kitty Hawk Unit 1 subdivision is
not located within those areas.
WASTEWATER SERVICE SOUTH OF OSO CREEK:
The Laureles Farm Tract area is not served by wastewater but is Included within the Greenwood
Wastewater Treatment Plan (GWWTP) Service Area as established by the February,1997
Wastewater Implementation Plan for the Oso & Greenwood Services Areas.
WASTEWATER TREATMENT CAPACITY TO SERVE AREA SOUTH OF OSO CREEK:
An expansion of the GWWTP from 8 MGD (million gallons per day) to 12 MGD is planned in the FY
06-09 Capital Improvement Program and is under design at this time. It is expected to be advertised
for bids In Summer of 2007 and completed by end of 2009. The additional capacity will be available
to serve the Laureles Farm Tracts
WASTEWATER MASTER PLAN FOR AREA SOUTH OF SOUTH CREEK:
A Wastewater Master Plan for the area south of the Oso Creek, including the Kitty Hawk
SullKtivision. is funded in the Wastewater Capital Improvement Program for FY 08-09.
FUNDING THE EXPANSION OF INFRASTRUCTURE:
Funding the construction of lift stations, force mains and trunk gravity line extensions is dependent
UPGn the Sanitary Sewer Trunk System Trust Fund to reimburse developers as new wastewater
infrastructure is installed to support development. The sustainability of this Fund and the
reimbursement for wastewater system improvements are dependent upon contributions from
developers
EXHIBIT A
Page 1 of 2
Ir.-UCATIONS OF GRANTING EXEMPTIONS:
Acreage/lot fees paid at the time of final plat recordation are deposited in the Sanitary Sewer Trunk
Trust Fund Any reduction in the payment of acreage fees reduces deposits and impacts the
sustainability of the Sanitary Sewer Trunk System Trust Fund used to reimburse developers for the
lnttallatlon of 11ft station, force mains and gravity trunk lines.
GrlInting this exemption will result In:
1 Reduction In revenue deposits to the Sanitary Sewer Trunk System Trust Fund.
2 Exemption for future subdivisions and other units in the Kitty Hawk preliminary plat
(totaling 350 acres)
3 Extension of the time for developer to receive reimbursements if funds are not
available.
4 Requests for refunds of paid wastewater acreage fees from other developments in
the area are possible, causing further strain on the Sanitary Sewer Trunk System
Trust Fund
PLANNING COMMISSION REVIEW AND APPROVAL OF EXEMPTION:
The Planning Commission recommended this property be exempted from wastewater acreage fees
at its meeting on September 20, 2006
RICOMMENDA liON: Wastewater treatment capacity will be available within the next 15 years for
the area south of the Oso Creek which satisfies the criteria in Platting Ordinance Section V.B.6.I).
Wastewater infrastructure is likely to be in place, depending upon the funding availability, to
reimburse developers from the Sanitary Sewer Trunk System Trust Fund. Based on the above, staff
does not recommend exemption of the Kitty Hawk Subdivision Unit 1 from wastewater acreage fees.
EXHIBIT A
Page 2 of 2
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-
EXHIBIT B
Page 1 of 1
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... ---
29
......'
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14.2006
AGENDA ITEM:
A. Resolution approving the execution of an Affordable Housing Program Agreement between
the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of
Corpus Christi ("City"), and Nueces County Community Action Agency ("NCCAA1 to allow the
Corporation to grant $200,000 to the NCCAA for infrastructure Development of a new
construction project as part of an Affordable Housing Program; and authorizing the City
Manager to execute the Program Agreement on behalf of the City.
R Resolution approving the execution of an Affordable Housing Program Agreement between
the Corpus Christi Business and Job Development Corporation ("Corporation") and the City
of Corpus Christi ("City") to allow the Corporation to grant $200 I 000 to the City for the Model
Block Program - Infill Housing Project as part of an Affordable Housing Program; and
authorizing the Citv Manager to execute the Program Agreement on behalf of the City.
C. Resolution approving the execution of an Affordable Housing Program Agreement between
the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of
Corpus Christi ("Clty"), and John Mikulencak DBA Extreme Homes of Texas to allow the
Corporation to grant $160,067 of Affordable Housing Funds to Extreme Homes of Texas for
New Construction Homebuyer Assistance, and authorizing the City Manager to execute the
Program Agreement on behalf of the City
ISfUE:
T_ City of Corpus Christi published a request for proposals for 4A Single-Family Affordable Housing
Pl"Djects on January 9,2006 with a deadline of February 3,2006. The City of Corpus Christi received
six eligible applications in response to the Request for Proposals (RFP).
Under the 2006 Request for Proposals an organization had the option of submitting a proposal under
any one or all of the four categories
1 ) New Construction
2_) Land Acquisition
3,) Homebuyer Assistance
4 ) Other.
Additionally, in order to be considered a responsive proposal the applicant must submit a transmittal
laler; qualifications and experience narrative; capabilities narrative; RFP acknowledgement form;
and a program narrative.
After a series of reviews and consideration by City Staff and the City Manager, it was decided that
recommendations for funding should be withheld until"Affordable Housing Goals and Strategies"
COUld be developed - City Staff worked with housing and community development representatives to
develop the goals and strategies to include specific objectives to maximize resources and
accomplish the purpose of the 4-A Affordable Housing Program. The Corpus Christi Business and
Job Development Corporation approved the Affordable Housing Goals at the regular meeting of
October 2 2006
All six proposals were again reviewed by City Staff and all appear to be responsive to the
re<.JJirements of the RFP. The proposals were reviewed first for compliance with the mandatory
requirements and then for compliance with the mandatory response format. Each proposal was also
reviewed for application of the newly adopted 4-A Affordable Housing Program goals.
On Monday, November 6, 2006, the Corpus Christi Business and Job Development Corporation
approved the following projects for funding under the 4-A Affordable Housing Program:
--..--".--..-...---.."-......--.-. -.'-..-.--. .---.,--
. Applicant
N~ces County Community
AcIon Agency
. C/If Estates Project
Citr of Corpus Christi
; MCfleI Block Program
Exteme Homes of Texas
Cate 0 Amount
Infrastructure Development $200,000
TOTAL
Other
Infill Housin
Home Buyer Assistance
New Construction
$200,000
$160,067
$560,067
Citr staff recommends the funding of the Nueces County Community Action Agency's CAP Estates
prQ9ram, the City of Corpus Christi's Model Block Program, and the Extreme Homes new
CORstruction project
The NCCAA CAP Estates new development construction program is currently underway with 4A
funding being utilized, matched and leveraged with various grants and loans for completion of this
aflWdable housing program.
The City of Corpus Christi's newly developed Model Block Program which is currently underway.
The program has recently received support from HUD HOME funding, and is soliciting various grants
to focus on the development of in-fill housing and housing rehabilitation through a targeted
comprehensive neighborhood revitalization project.
The Extreme Homes of Texas' new construction project is currently underway with assemble of 52
loti of which sixteen (16) homes have already been built (ten sold and six for sale). The proposed
homebuyer assistance will be processed through City of Corpus Christi's Housing Division of
Neighborhood Services.
The NCCAA Estates new development construction program and the City of Corpus Christi's Model
Block Program have established community and governmental agency support for success and all
three recommended projects fulfill the Request for Proposal requirements and priority Goals
established for the 4A Affordable Housing Program
The City of Corpus Christi's two applications for the FY06 4A Affordable Housing funding which
would match funding with the established HUD HOME funded home buyer assistance programs is
not being recommended for funding. The timely expenditure of the HOME funds is priority and vital
for continued support by HUD. The City of Corpus Christi will re-apply for matching 4A funding in
FY07 when HUD HOME funding is secured and expended to a manageable level.
Tht application by Bay Area Contracting and Construction, Inc. meets the basic requirements of the
R8Jluest for Proposals, and also satisfies the 4A Affordable Housing Goals that are listed as priorities
forinfill-housing projects. But, the proposal does not demonstrate a solid plan of action with viable
results and, thus is not being recommended for funding.
......
REQUIRED COUNCil ACTION:
The funding recommendations for the Corpus Christi Business and Job Development Corporation's
Afferdable Housing Projects for FY2006 require the approval of the City Council for all 4A programs
and expenditures as established by the Section 21 of Article 5190. 6 Texas Revised Civil Statues.
PREVIOUS COUNCil ACTION:
No prevIous action has been taken on this recommendation.
CONCLUSION AND RECOMMENDATION:
City staff recommends the City Council's approval of the FY2006 Affordable Housing Projects as
presented by the Corpus Christi Business and Job Development Corporation.
Morales Haag
r
hborhood Services Department
f)yt,~) ~. ~
Margie C. Rose
Assistant City Manager
Development Services
(}JlfYl~
OlC8r Martinez - - ..-
A.istant City Manager
Administrative Services
A IT A CHMENTS: Summary of tbe six eligible proposals and recommendations for funding.
.~
BACKGROUND INFORMATION
On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and
Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the
promotion and development of new and expanded business enterprises at the rate of one-eighth of
one percent to be imposed for ] 5 years
In the same election, the residents of the City of Corpus Christi passed Proposition 2B, Affordable
Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2
for affordable housing, up to $500,000 annually, so long as there are projects for which the amount
can reasonably be used.
The 1 18th cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for
affordable housing projects was subsequently enacted by the City of Corpus Christi City Council and
filed with the State Comptroller of Texas, effective April I, 2003, to be administered by the
Corporation's Board of Directors.
-
Corpus Christi Business and Job Development Corporation
Affordable Housing Projects - 2006 Program
I N(i.-l APPLICANi-
. I
i
I
i
---.-
EGORY ELIGIBLE 4A BOAD
GOAL! APPROVED
STRATEGY
-.-.-----....---.---.
ebuyer Goal No.2 $160,067
tance Strategy 2.1
Goal No.3
Strategy 3.3
ebuyer Goal No. 1
tance Strategy 1.1 - 0-
Goal No.2
Strategy 2.1
Goal No.3
---.'.-.---,- _,...,,_,.___.__ __~__n Strate~ 3.1
ebuyer Goal No. 1
Construction Strategy 1.1 -0-
Goal No.2
Strategy 2.1
Goal No.3
Strate~ 3.3
structure Goal No. 1 $200,000
lopment Strategy 1.1
Goal No.2
Strategy 2.1
Goal No.3
Strateev 3.3
r:new Goal NO.2 - 0-
truction. land Strategy 2.1
sition, Goal NO.3
buyers assistance Strateev 3.3
: Model Block Goal No. 1 $200,000
am for new Strategy 1.1
truction, land Goal No.2
sition, Strategy 2.1
buyers assistance, Goal No.3
tives to builders Strategy 3.1
Strategy 3.2
--.--- . ---.--.---"-.-.--.,--
-....-.....-,-..-- -------. $560,067.00
AMOUNT CAT
REQUESTED
i
I E~e Home;~fTexasi$250:000----
(grant)
~ l City of Corpus Chn~ti, -j $50 ;iioo ~-
I Neighborhood Services (grant)
! Department
- . --i--:::::--- ..------- . ------<----
I City of Corpus Chnsti, . $200.000
I Neighborhood Services (grant)
I
I Department
l-
i4
i
. 1_ -------- ---
i Nueces County
i Community Action
I Agency (NCe AA)
$250,000
(grant)
r,
!
I
th
;
--1 Bay .~~- Co~tracttitg & $353,800
I Construction. lne (loan)
i
!
-------~.._-----+-------- ,...-_.,_.-
City of Corpus Chnsti, $250,000
Neighborhood Services (grant)
Department
t~1=___=~~ ---~),3j3~8Q9~_
F._I! Available:
2003-2004 (balance) $ 67 78
2004-2005 (funds returned) $ 60.000.00
~2006 (allocation) $500.000.00
T8tal Funds Available: $560,067.78
(Amount does not represent interest)
-
Horn
Assis
Horn
Assis
tr:
(OW
Infra
Deve
Othe
cons
acqw
home
Other
Progr
cons
acqw
home
mcen
I
~+---
_.----L-_..~_
CATEGORY l.
HOMEBUYERS ASSISTANCE
1. Extreme Homes of Texas
Extreme Homes of Texas is requesting a grant m the amount of $250,000 to use to assist a
homebuyer with $10,000 for down payment and closing costs. The Company is proposing to provide
this homebuyer assistance in the form of a grant that is forgivable after 5 years of ownership and if the
buyer moves out prior to the five years there will be a 20% per year penalty. The Company estimates
assisting 25 homebuyers The houses they build will be three-bedrooms, two-baths and one-garage~
have 1,147s[; and be priced at $85,000
---' LeulGr,;;;'T!.;.... - I MAkbiaJ Experience
p~ . Requested I Funds
. - --- ~ --'- .~._---t-.. -- '--
Profit. _ Gr8l!~. _ . _~SO,00~2_ No Yes.u __ _
Total Housing Price
Project Units Per
Square
Foot
Benefttsto
Homeowner
NA ' 2S
$10,000
2. Citv of Corous Chrilti Neil!hborhood Services DeoartlDent
The City of Corpus Christi is requesting $50,000 in the form of a grant to leverage funds of the
current Homebuyer Assistance Program The funds will assist low income homebuyers with down
payment and closing costs associated with the purchase of a home. Homeowners will receive a
$5,000 forgivable loan, of which 50 percent ($2,500) will be funded by Federal Department of
Housing and Urban Development (HUD) and 50 percent ($2,500) will be funded by the 4A grant.
The loans will be amortized over five years and will be paid back at a pro rated amount should the
homeowner move out or sell the property before the end of the five years.
Assistance will be available to homebuyers who are purchasing existing homes, meet the low income
limits, are not current homeowners, and will use the home as their primary residence.
In addition to the homebuyer benefit, this funding opportunity would assist the City in meeting its
HUD match requirements, It is estimated that 20 homebuyers will be assisted and anticipates
awarding the funds in the next 12 months
P"*'N~n=-TLG;.wGr;"~F~S-!,. MatchJng I Experience l Total
profit Requested I Funds I Project
I . ~ i
, Non-Profi;-+ Gra;;t---~<;o,ooO-tye-;-- '. ye;---.-.hlOO,O -
I $: I I
_ __L. ___ ..__0.:!lZ!? . _ ~ .LQ_
Housing Price Benefits to
Units Per Homeowner
Square
Foot
20 $5,000
~
CATEGORY I.
HOMEBUYER ASSISTANCE
3. City of Cornus Christi. Neillhborhood Services Denartment - (New Construction -
~uver Assistance)
The City of Corpus Christi Neighborhood Services Department is requesting a grant in the amount of
$200,000 to leverage funds with its current New Construction Homebuyer Assistance Program. The
grant will assist low income homebuyers with down payment and closing costs associated with the
purchase of a new home. Home owners will receive a $15,000 to $20,000 deferred forgivable loan of
which 50 percent ($7,500 - $10,000) will be funded by the Federal Department ofHousing and Urban
Development funds and 50 percent ($7,500 - $10,000) will be funded by the 4A grant. The loans will
be amortized over 15-20 years at a rate of $1,000 per year, and will be paid back at a pro rated
amount should the homeowner move out or sell the property before the end of the loan. Funds
returned due to a sell before the loan is fully amortized will be returned to the program for
redistribution
Assistance will be available to apprmumately 10-26 homebuyers who are purchasing a new home,
meet the low income limits and are not current homeowners, and will use the home as their primary
residence The City of Corpus Christi will award the funds in 12 months.
PMItINon_U I ~G;antTFUDd;-- -TI." ~khina [
Profit I Requested Funds
Non-Pr~fit I Grani- - -t' $200,000 fye;- , y
, i HtJD
__._ __.L..-. ___ __ .._________. _L____ ___----.-1___
xperience Total Housing Price Benefits to
Project Units Per Homeowner
Square
--,-. Foot
es $400,00 10-26 $15,000 to
0 $20,000
- .------------ - --
CATEGORY ll.
INFRASTRUCTURE DEVELOPMENT
4. NuKeS County COIIImunitv Action Allen" (NCCAA)
Nkeces County Community Action Agency is requesting a grant in the amount of $250,000 to be
used for the infrastructure development of Phase II and III of CAP Estates II which is planned to
consist of 57 lots The total cost of design and construction is estimated to be $748,000. NCCAA
wll be leveraging 4A funds with $342,000 of Community Development Corporation funds and
$S6,000 of Neighborhood Reinvestment Corporation funds.
h>>fit!Non- I Loan/Grant I.-Funds Matching
PIl8fIt i Requested Funds
Experience Total
Project
!
+---
Non-Profit I Grant
---- ------ --- t--, --
];250.000 i >{ es
IUW
LNRC
Yes
..~ -
I $748,00
10
I
_ ._1. ____
Housing Price
Units Per
Square
Foot
Benefits to
Homeowner
57
Development
infrastructure
-
CATEGORY ID. OTHER
5. Bav Area ContractUal! & Construction. Inc.
The Bay Area Contracting & Construction, Inc. is requesting a loan in the amount of$353,800 at 2%
int<<est rate for a term of tive years. The purpose of the loan is to build new construction, land
acquisition, and homebuyer assistance. Bay Area Contracting and Construction, Inc. will submit four
( 4) lots for acquisition of land that will be used for new construction of three-bedroom, two-
ba*oom houses in or about 1,131 square feet ofliving space and one-car garage at 240 square feet.
Tho price of these homes will be $88,450. Three different floor plans will be provided for
homebuyers to select from The anticipated time line for start-up and completion of this new
coDStruction will take four to five months
They will assist four homebuyers.
perience Total Housing Price Benefits to
Projeet Units Per Homeowner
Square
Foot
_._._--~-,~
s $353,80 4 $88,450.
___._ __..l.2__
p.-.uNo~::T.. Loan/Grant [Funds'--j Matc~
PnA: I Requested Funds - I
i I I
P;ofit -~+ j .o;.,,--h'-'3,sOrl ~ N~- -~
! i I
_ .___.__ _._.L. .___ ...__L __._ _._.-L-
6. Citv of Corn us Christi. Neitrhborbood Services Deoartment
The City of Corpus Christi is requesting a grant in the amount of$250,000 to provide support for the
neiJhborhood revitalization projects within the Model Block Program. The funds will be used for the
purchase ofland, new construction of single family housing, the associated infrastructure, and home
buyer assistance for down payment and closing costs
The Model Block Program is a comprehensive plan to provide opportunities and resources for an
improved quality of life in a designated neighborhood/target area (15-20 block radius) identified for
potential revitalization and development. The target area was determined based on a neighborhood
needs assessment conducted by a consultant that was funded by the Department of Housing and
Urban Development, Community Development Block Grant funds.
4A funds will be leveraged with HUD HOME Program and Community Development Block Grant
(CDBG) funds. It is estimated that approximately 50 families will be assisted and anticipates carrying
out the project within a two-to-three year contract with the designated neighborhood.
f P~on- - I Loan/Grant I-FundS '1
pnftt. 1 Requested !
r'" . .-.. -+-. -_... ..-.+ ..-....-
. Non-Profir Granl i 't2S0.000
Matching I Experience Total Houling Price Benefits to
Funds Projeet Units Per Homeowner
Square
Foot
BUD Yes $1 Million 50+ New
HOME construction,
('DBG Land acquisition,
homebuyer
assistance
-
Page 1 of 3
RESOLUTION
APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM
AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION, THE CITY OF CORPUS CHRISTI, AND
NUECES COUNTY COMMUNITY ACTION AGENCY TO ALLOW THE
CORPORATION TO GRANT $200,000 TO THE NCCAA FOR
INFRASTRUCTURE DEVELOPMENT OF A NEW CONSTRUCTION PROJECT
AS PART OF AN AFFORDABLE HOUSING PROGRAM; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON
BEHALF OF THE CITY
WMEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
Improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002 residents of the City of Corpus Christi passed
Proposition 2. New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one percent to be imposed for 15
years;
WHEREAS, In the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
VVHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
CJty Council ("City Council") and filed with the State Comptroller of Texas, effective April
1, 2003, to be adminIstered by the Corpus Christi Business and Job Development
Corporation's Board of Directors ('^Board"):
'M-IEREAS, the Board Issued a request for proposals for affordable housing projects as
that term is defined in Title 42 of the United States Code, Section 12745, in accordance
with the requirement in the Texas Development Corporation Act of 1979;
WHEREAS, NCCAA submitted a proposal to the Board to request $250,000 in grant
funds for infrastructure design and construction; and
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that NCCAA be awarded affordable housing funds in the
amount of $200,000
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT'
H:\LEG DiR\Shared\GaryS\agenda\2006\ 11 14\RES-NCCAA.doc
Page 2 of 3
SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the
execution of an Affordable Housing Program Agreement ("Program Agreement")
between the Corpus Christi Business and Job Development Corporation
("Corporation"), the City of Corpus Christi ("City"), and Nueces County Community
Action Agency ("NCCAA') to allow the Corporation to grant $200,000 to the NCCAA for
Infrastructure Development of a new construction project as part of an Affordable
Housing Program. A copy of the Program Agreement in substantial form is attached as
Exhibit A The executed Program Agreement will be filed in the Office of the Secretary.
SECTION 2. That the City Manager is authorized to execute the Program Agreement
referenced above on behalf of the City
ATTEST
CITY OF CORPUS CHRISTI
Art'ftando Chapa
Assistant City Secretary
Henry Garrett
Mayor, City of Corpus Christi
Approved as to form: November 8. 2006
~dL
G ,', , Smith
Assista nt City Attorney
For the City Attorney
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11- 14\RES-NCCAA,doc
Page 3 of 3
Corpus Christl. Texas
of
2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
William Kelly
Rei< A. Kinnison
Jesse Noyola
Mark Scott
H:\lEG. DIR\Shared\GaryS\agenda\2006\ 11-14\RES-NCCAA.doc
-
Page 1 of 3
RESOLUTION
APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM
AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI TO
ALLOW THE CORPORATION TO GRANT $200,000 TO THE CITY FOR THE
MODEL BLOCK PROGRAM - INFILL HOUSING PROJECT AS PART OF AN
AFFORDABLE HOUSING PROGRAM; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF
THE CITY.
WHEREAS, the Texas Legislature In Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 28,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ("City Council") and filed with the State Comptroller of Texas, effective April
1, 2003, to be administered by the Corpus Christi Business and Job Development
Corporation's Board of Directors ("Board");
WHEREAS, the Board Issued a request for proposals for affordable housing projects as
that term is defined in Title 42 of the United States Code, Section 12745, in accordance
wtth the requirement in the Texas Development Corporation Act of 1979;
VVHEREAS, the City of Corpus Christi Neighborhood Services Department submitted a
proposal to the Board to request $250,000 in grant funds for Model Block Program -
Infill Housing Project; and
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that the City be awarded affordable housing funds in the
amount of $200,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\RES-ModeIBlock.doc
.~
Page 2 of 3
SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the
execution of an Affordable Housing Program Agreement between the Corpus Christi
Business and Job Development Corporation ("Corporation") and the City of Corpus
Christi ("City") to allow the Corporation to grant $200,000 to the City for the Model Block
Program - Infill Housing Project as part of an Affordable Housing Program. A copy of
the Program Agreement in substantial form is attached as Exhibit A. The executed
Program Agreement will be filed in the Office of the Secretary.
SECTION 2. That the City Manager IS authorized to execute the Program Agreement
reference above on behalf of the City
ATTEST
CITY OF CORPUS CHRISTI
- ._"--,. .~~--'--"--
Armando Chapa
Assistant City Secretary
Henry Garrett
Mayor, City of Corpus Christi
Approved as to form: November 8, 2006
~ ~------
Assistant City Attorney
For the City Attorney
H:\LEC, DIR\Shared\GaryS\agenda\2006\11 14\RES-ModeIBlock.doc
Page 1 of 3
RESOLUTION
APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM
AGREEMENT BElWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION, THE CITY OF CORPUS CHRISTI, AND
JOHN MIKULENCAK DBA EXTREME HOMES OF TEXAS TO ALLOW THE
CORPORATION TO GRANT $160,067 OF AFFORDABLE HOUSING FUNDS
TO EXTREME HOMES OF TEXAS FOR NEW CONSTRUCTION HOMEBUYER
ASSISTANCE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PROGRAM AGREEMENT ON BEHALF OF THE CITY.
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5,2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one-eighth of one percent to be imposed for 15
years;
WHEREAS, In the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
VVHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ("City Council") and filed with the State Comptroller of Texas, effective April
1, 2003, to be administered by the Corpus Christi Business and Job Development
Corporation's Board of Directors ("Board''):
WHEREAS, the Board issued a request for proposals for affordable housing projects as
that term is defined in Title 42 of the United States Code, Section 12745, in accordance
with the requirement in the Texas Development Corporation Act of 1979;
WHEREAS, Extreme Homes of Texas submitted a proposal to the Board to request
$250,000 in forgivable loan grant funds for down payment and closing cost assistance;
and
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Chnsti that Extreme Homes of Texas be awarded affordable housing
funds in the amount of $160,067
IE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT'
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\RES-ExtremeHomes.doc
Page 2 of 3
SECTION 1 That the City Council of the City of Corpus Christi, Texas, approves the
execution of an Affordable Housing Program Agreement between the Corpus Christi
Business and Job Development Corporation ("Corporation"), the City of Corpus Christi
("City"), and John Mikulencak DBA Extreme Homes of Texas to allow the Corporation to
grant $160,067 of Affordable Housing Funds to Extreme Homes of Texas for New
Construction Homebuyer Assistance. A copy of the Program Agreement in substantial
form is attached as Exhibit A The executed Program Agreement will be filed in the
Offrce of the Secretary
SECTION 2. That the City Manager IS authorized to execute the Program Agreement
on behalf of the City
ATTEST
CITY OF CORPUS CHRISTI
Armando Chapa
Assistant City Secretary
Henry Garrett
Mayor, City of Corpus Christi
Approved as to form: November 8,2006
~en~~--
Assistant City Attorney
For the City Attorney
H\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\RES-ExtremeHomes.doc
....",
Page 3 of 3
Corpus Christi, Texas
of
2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry GarcIa
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H '\LEG-D I R\Shared\G aryS\agen da\2006\ 11-14 \R E S-ExtremeHomes, doc
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 14, 2006
AGENDA ITEM: Resolution nominating Flint Hills Resources, LP to the Office of the
Governor Economic Development & Tourism (EDT) through the Economic Development
Bank (Bank) for designation as a qualified business and Triple Jumbo Enterprise Project
(Project) under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code (Act).
ISSUE: Projects seeking designation as an Enterprise Project must obtain a nomination by
the City Council to the Office of the Governor. Flint Hills Resources, LP has requested the
City of Corpus Christi consider nomination of the company as a Triple Jumbo Texas
Enterprise project for job retention benefits. Flint Hills is proposing to expend
approximately $250,000,000 for retooling and upgrades to their local facility to increase
production capacity and market efficiency which should protect the operation of the
refinery and ensure the continuation of their local work force.
REQUIRED COUNCIL ACTION: Requires Council approval of the resolution.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
Resolution to nominate Flint Hills as a Triple Jumbo Texas Enterprise Project, as
presented.
~~
f om Utter, Special Assistant
to the City Manager
Attachments
BACKGROUND INFORMATION
Under State Law, the Office of the Governor - Economic Development and Tourism
Division through the Texas Economic Development Bank administers the Texas Enterprise
Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, the purpose of the program is to encourage job creation and retention
and capital investment in areas of economic distress.
The 78th legislature amended the act to increase participation in the program, decrease
paperwork and streamline the process. Under the amended act, communities are no
longer required to submit an application and fee to create an enterprise zone; designation
of an enterprise zone is automatic based on decennial figures. Areas designated as
enterprise zones include census block groups with 20 percent poverty and areas federally
designated as Renewal Communities. In addition, the Governor, based on state figures,
each year designates Distressed Counties. For 2006, all of Nueces County is designated
as an enterprise zone by virtue of being a Distressed County. Previously designated
enterprise zones will be designated until their expiration, after which the area would need
to meet the 20 percent poverty guideline. A project seeking designation as a Texas
Enterprise Zone Project still must seek nomination from the governing body to the Office of
the Governor for consideration and designation.
Communities participating in the Texas Enterprise Zone Program are required to provide
incentives to the project in addition to offering nomination for participation in the Texas
Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas
Enterprise Zone
A designated project located in the Texas Enterprise Zone must agree to hire at least 25
percent of its employees from the enterprise zone or economically disadvantaged groups
aAd in return will receive a refund of sales and use tax (SUT) paid to the Office of the
Comptroller. If the project is located outside the zone, the project must agree hire at least
35 percent of its new employees from the enterprise zone or economically distressed
groups.
The program allows a refund of $2,500 for each job created or retained. If investment
levels are adequate, the local nominating governing body may nominate a project as a
Double or Triple Jumbo Project designation, increasing the value per job created or
retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a
rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75
million
State Law allows each participating community with a population less than 250,000 to
nominate up to four projects per biennium and communities with a population more than
250,000 to nominate up to six projects per biennium. Since City of Corpus Christi's
population exceeds the 250,000 threshold, up to six projects can receive designation
during this biennium. A double jumbo project assumes two of the number of projects
allowable and a triple assumes three. Thus far. the City has not nominated any
businesses for designation this biennium.
The City of Corpus Chnsti has nominated a number of projects including the Greyhound
Racetrack, First Data Corporation, Coastal Refining and Marketing, CITGO Refining and
Chemicals, Trinity Towers, L.P, APAC Corporation and Valero. To date, the designated
enterprise zone projects have resulted in almost three billion dollars in investment in
Corpus Christi. This local capital investment represents a significant portion of all of the
combined capital investment made in enterprise zones across the state.
Flnt Hills Resources, LP
Flint Hills Resources, LP ("Flint Hills") is a subsidiary of Koch Industries ("Koch"), a
privately held corporation and is currently headquartered in Wichita, Kansas. Flint Hills
Resources operates refining complexes in Alaska (North Pole), Minnesota (Pine Bend) and
Texas (Corpus Christi) with a combined crude oil processing capacity of about 800,000
barrels of crude oil per day. These facilities are served by strategically located terminals
and pipelines, some of which are operated by Koch Pipeline Company, L.P.
Flint Hills Resources is a leading producer of petrochemicals and related products, with
primary manufacturing facilities at the Corpus Christi refining complex. The company
produces chemical intermediates -- used in the manufacture of items such as polyester
resins and automotive, agricultural and consumer products u from its plant near Joliet, III.
Flint Hills Resources' Texas refining complex receives crude oil and other raw materials
via the Corpus Christi Ship Channel and pipelines. With a processing capacity of about
300,000 barrels of crude oil per day, the refinery produces a variety of petroleum products
important to everyday life,
Refined products - including low-sulfur gasoline and diesel, and jetfuel- are transported to
San Antonio, Bastrop, Austin, Waco and Dallas/Fort Worth area via company pipelines.
The refinery is producing cleaner-burning fuels as a result of more than $1 billion spent
and extensive modifications, which have resulted in significant environmental upgrades at
the Corpus Christi complex in the past decade.
Flmt Hills is proposing to invest more than $250 million in investment to increase the
production capacity and market efficiencies of the Corpus Christi Refinery and this capital
investment and its job retention represents the basis for this enterprise project nomination.
Page 1 of 4
RESOLUTION
NOMINATING FLINT HILLS RESOURCES, LP, TO THE OFFICE OF
THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM
THROUGH THE ECONOMIC DEVELOPMENT BANK FOR
DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO
ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE
PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER
2303, TEXAS GOVERNMENT CODE
WHEREAS, the City of Corpus Christi ("City") on October 14, 2003, passed Ordinance No.
025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives
offered under this resolution are substantially the same on this date as were outlined in
Ordinance No. 025513;
WHEREAS, the local incentives are the same as those made available to previously nominated
enterprise projects under Ordinance No. 025513:
'NHEREAS, the Office of the Governor Economic Development and Tourism ("EDT") through
the Economic Development Bank ("Bank") will consider Flint Hills Resources, LP ("Flint Hills")
as an enterprise project pursuant to a nomination and an application made by the City;
VWiEREAS, the City desires to pursue the creation of the proper economic and social
environment In order to induce the investment of private resources in productive business
enterprises located in the City and to provide employment to residents of enterprise zones and
to other economically disadvantaged individuals
WHEREAS, under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act] Texas
Government Code (the "Act"). Flint Hills has applied to the City for designation as an enterprise
project
'NHEREAS, the City finds that Flint Hills meets the criteria for designation as an enterprise
project under Chapter 2303, Subchapter F of the Act on the following grounds:
1 Flint Hills is a "qualified business" under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified business site located
In an enterprise zone and at least twenty-five percent (25.0%) of the business' new
employees will be residents of an enterprise zone or economically disadvantaged
Individuals; and
2. There has been and will continue to be a high level of cooperation between public,
orivate, and neighborhood entities within the area; and
3 The designation of Flint Hills as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area, and
4. Flint Hills is located in the Enterprise Zone that is also an area designated by the federal
government as a Renewal Community [Section 2303.101 (2) of the Act] and the areas
are block groups, as defined by the most recent federal decennial census available at
the time of designation. in which at least 20 percent of the residents of the block group
Page 2 of 4
have an Income at or below 100 percent of the federal poverty level [Section 2303.101
(2) of the Act]; ana
5. Flint Hills qualifies for Job retention benefits under Section 2303.406 (a) (4) (D) because
Flint Hills is increasing the production capacity of the business by at least ten percent
10%) over the proposed project designation period.
WHEREAS, the City finds that Flint Hills meets the criteria for tax relief and other incentives'
adopted by the City and nominates Flint Hills as a triple jumbo enterprise project on the grounds
that it will be located at the qualified business site, will create a higher level of employment,
economic activity and stability;
WHEREAS. the City finds that it is in the best Interest of the City to nominate Flint Hills as a
triple jumbo enterpnse profect pursuant to the Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the findings of the City and its actions approving this resolution taken at the
council meeting are hereb'l approved and adopted
SECTION 2. That Flint Hills is a "qualified business", as defined in Section 2303.402 of the Act,
and meets the criteria for designation as a triple jumbo enterprise project, as set forth in Section
2303, Subchapter F of the Act.
SECTION 3. That the enterpnse project shall take effect on the date of designation of the
enterprise project by the Bank and terminate five years from that date.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED as to form: November 9, 2006
~~~Ltf...
G' . Smith
Assistant City Attorney
For City Attorney
Page 3 of 4
Corpus Christi, Texas
day of ___,_____,,__, 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A, Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
Page 4 of 4
THE STATE OF TEXAS S
S
COUNTY OF NUECES'~
i Armando Chapa, City Secretary of the City of Corpus Christi, Texas, do hereby
certify that the above and foregoing IS a true and correct copy of Resolution Number
_ passed by the City of Corpus Christi City Council on the this _ day of
2006
Armando Chapa
City Secretary
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
BEFORE ME, the undersigned authority, on this day personally appeared
Armando Chapa, City Secretary of the City of Corpus Christi, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this __ day of
,2006.
Notary Public. State of Texas
My commission expires __________.
~
31
CITY COUNCIL
AGENDA MEMORANDUM
November 10, 2006
AGENDA ITEM: (a) An Ordinance granting to EarthLink, Inc. a non-exclusive one-
year franchise to operate, maintain, construct extend, and upgrade facilities of a wireless
network in the public rights-of-way
(b) An Ordinance granting to EarthLink, Inc. a non-exclusive ten-year franchise to
operate, maintam, construct, extend, and upgrade facilities of a wireless network in the
public rights-of-way.
ISS UE: Previously the City Council approved construction of a wireless network,
created the CC Digital Community Development Corporation, and contracted with the
Corporation for operation and management of the Network.
Subsequently, EarthLmk, Inc. mdicated an interest in purchasing the wireless network.
Discussions with EarthLink have indicated that such a purchase may be beneficial to the
City financially and in realizing the community benefits more quickly. Negotiations, if
successful. are aimed at completing the purchase and related agreements by the end of the
year
Ifa comprehensive agreement is to be completed before the end of the year, first reading
of a franchise must occur on November 14. Consequently, staff recommends that two
franchise ordinances be passed on first reading. The first is a one-year agreement that
would be effective upon second reading and approval of comprehensive agreements. The
second is a 10 year franchise that would be effective 60 days after second reading and
would supersede the interim one-year agreement.
It is emphasized that this first reading is not a commitment, and would only be
implemented by a second readmg if a comprehensive agreement is reached that is
acceptable to the City
RECOMMENDA TION: Approval of the above ordinances on first reading.
O~7ZJI7~
Oscar Martinez - -
Assistant City Manager
AN ORDINANCE GRANTING TO EARTHLINK, INC. A NON-EXCLUSIVE ONE YEAR
FRANCHISE TO OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE
FACILITIES OF A WIRELESS NETWORK IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, the CIty of Corpus Christi. Texas (the "City") and EarthLink, Inc. (the
-Grantee") contemplate entering into an agreement (the "Agreement") whereby certain assets of the
City of Corpus Christi Citywide Integrated Wi-Fi Network will be transferred to Grantee in
consideration of cash and commitments of Grantee beneficial to the City's purposes for the
'Jetwork made by Grantee entering into an agreement with the CC Digital Community
Development Corporation (the "Corporation") to provide certain network access to the City as
managed by the Corporation ("Network Services Agreement"); and
WHEREAS, for implementation of the Agreement, the City and the Grantee desire that the
'lty grant a franchise for the Grantee to use the City right-of-way and other property as provided
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City hereby grants to the Grantee a non-exclusive franchise to acquire,
construct, install, operate, maintain, extend, and upgrade facilities of its wireless network (the
'Network") in, over, under and across the public rights-of-way of the City, including, without
limitation. the installation of radios. the right to erect poles or other structures for attachment of
radios, and the right to access, use and install fiber. The City hereby grants Grantee the non-
exclusive right to use any easements and rights-of-way owned or controlled by the City for access
10 City owned property or third party property (subject to Grantee obtaining approval from the third
party property owner) insofar as consistent with the City's right in the easement or right-of-way and
consistent with and subordinate to the primary purpose and use of the easement or right-of-way.
SECTION 2. The term of the franchise shall commence on the effective date of this
franchise and shall continue in effect for one year unless superseded by the commencement of a
longer-term franchise
SECTION 3. During the Term, the City hereby grants to Grantee the continuing right to
Gonnect to, transmit through and use in connection with the Network the fiber optic transmission
-;ystem owned or leased by the City III connection with the Network ("Fiber System") in accordance
with standards and protocols in the Network Services Agreement or agreements incidental thereto.
fhe City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the
C'ity Fiber and to execute such additional agreements designating the speed and number of lines of
the Fiber System for Grantee's use and related charges, if any, without the necessity of further
approvals by the City Council ("Leased Fiber"). Provided, however, nothing herein shall prevent
the City from conveymg the Fiber System or any part thereof to the Corporation.
SECTION 4 During the Term, the City hereby grants to Grantee the continuing right to
connect to, transmit through and use in connection with the Network the wireless assets owned or
leased by the City ("City Wireless Assets") in accordance with standards and protocols in the
Network Services Agreement or agreements incidental thereto. The City hereby authorizes the
Corporation to cooperate with Grantee in Grantee's access of the City Wireless Assets and to
execute such additional agreements designating the speed and other specifications and charges, if
any, without the necessity of further approvals by the City Council. Provided, however, nothing
herein shall prevent the City from conveying the City Wireless Assets or any part thereof to the
Corporation
SECTION 5. The City owns, operates and maintains certain assets, such as building
rooftops, radio towers, and data center or collocation facility locations (collectively, the
"Premises'') During the Term, the City hereby grants to Grantee the continuing right and license to
operate the Network on such Premises and to access, and install directly onto or within any part of
the Premises and operate and maintain radios, antennae and other devices in the number designated
by Grantee and to the co-location of equipment and telecommunications lines and circuits ("Co-
located Devices") on the Premises as set forth in an applicable Antennae Site Use Agreement that
Identifies the particular Premises and locations thereon that are appropriate for the installation of
such deVIces considering the character and use of the Premises. The City hereby authorizes the
Corporation with respect to Premises under its control or the City Manager to cooperate with
(rrantee in Grantee's access and use of the Premises, and to execute such additional agreements
designating the specific Premises and related rental amounts mutually agreed upon by Grantee and
the Corporation or the City Manager ("Antennae Site Use Agreement").
SECTION 6. As compensatIOn for the rights and privileges herein conferred, Grantee shall
pay monthly to the Corporation a payment based upon a revenue share for the access services
provided to customers through the Network; provided however, Grantee shall pay to the
Corporation separate payments for the Leased Fiber and the Premises. The revenue share for the
access services will equal a percentage between three and five percent (3-5%) (as specified in the
Network Services Agreement) of Grantee's total gross receipts collected and received by Grantee
tor the applicable wireless access retail, wholesale and occasional use services provided via the
Network in the City and in the City's extra-territorial jurisdiction locations covered by the Network
(i) less any applicable sales taxes or government required fees, (ii) less refunds, credits and charge-
backs, (iii) less any amounts paid by the City or the Corporation to Grantee ("Access Revenue").
Access Revenue does not include fees for add-on products, CPE, installation, advertising, content,
bounties and referral fees, tees for sales through Internet commerce sites, VoIP or other voice
capabilities (except as may he agreed in the Network Services Agreement). The revenue payment
shall be due and payable by electronic funds transfer as mutually agreed upon by the Corporation
and Grantee In the Network Services Agreement.
SECTION 7. The City hereby grants to Grantee the right to install, operate and maintain
the Network and the related communications equipment on the City street lights, traffic lights and
connecting hardware and poles ("City Poles") in accordance with standards and protocols in the
Network Services Agreement or agreements incidental thereto, which will assure location and
mstallation consistent with public health and safety. Prior to final adoption of this ordinance,
Grantee will provide the CilY with lts anticipated plans for mounting sites, and other assets and
facilities, mcluding, but not limited to. communications towers, light standards, utility poles,
billboards and building rooftops, whether owned or not owned by the City, and the City will inform
Grantee of approvals required, if any, other than this franchise, and the process therefore, and will
certify that no other approvals are required. Submission of any such anticipated plans will not
require Grantee to install on any particular location or prevent Grantee from altering its as-built
plans. For expansions and changes during the term of this franchise, upon notification from Grantee
[he City WI II prompt!: notif: Grantee of approvals required. if any. and the process therefore. By
""
"-
agreement, the City will charge the Corporation with the duty to assist Grantee in obtaining any
changes required, to promptly contact and work with City staff to facilitate the rapid issuance of any
required approvals, and to educate pertinent City staff on Grantee's rights under this franchise.
SECTION 8. The City hereby authorizes the Corporation to negotiate and enter into a
Network Services Agreement with the Grantee, whereby the Corporation and Grantee will
cooperate with one another as Grantee acquires, constructs, installs, operates, maintains, extends,
and upgrades facilities of its Network in the City and the Grantee will provide certain services via
the Network for the City's or Corporation's benefit to be managed by the Corporation. The City
hereby grants the CorporatiOn all rights. licenses, permits and authorizations necessary to manage
any services provided by the Grantee for the benefit of the City pursuant to the Network Services
-\greement. as more particularly described in an agreement between the City and the Corporation.
SECTION 9. The Network Services Agreement shall obligate Grantee to maintain
adequate books and records relating to its payment obligations under this franchise for four (4)
years from the date the payment was made. Grantee shall file annually with the Corporation a
statement of Network access revenues for that annual period attributable to the operations of the
Grantee's Network pursuant to this franchise ordinance. The Corporation and the Grantee may
agree to records and audit procedures in the Network Services Agreement.
SECTION 10. All construction, excavation, disturbance, or obstruction of rights-of-way
shall be carried out according to applicable federal, state, and local laws, and according to the
requirements of the Director of Engineering Services of the City, including requirements to relocate
Corporation facilities and to repair or restore City property. at the Grantee's expense.
SECTION 11. The Grantee shall carry out its operations under this franchise in compliance
with all valid federal, state, and local laws. Nothing in this franchise shall be construed to contract
away any City police power to regulate and legislate to protect and promote the public health,
safety, and welfare.
SECTION 12. The Grantee shall carry out its operations in compliance with all of the
terms and conditions of the Network Services Agreement.
SECTION 13. In addition to all nghts of the City, at law or in equity, to enforce the terms
of this franchise, the City may forfeit and terminate this franchise in the event of termination of the
'Jetwork Services Agreement in accordance with the terms of the Network Services Agreement.
SECTION 14. Neither Grantee nor the City shall be excused from complying with any of
the terms and conditions of this franchise by any failure of the other party on one or more occasions
10 enforce compliance with such terms and conditions.
SECTION 15. Interpretation of this franchise and the rights and duties created hereunder
shall be pursuant to the constitution and laws of the State of Texas and the charter and ordinances of
the City. Venue for actions concerning any matter or controversy growing out of or incident to the
duties and obligations in this franchise shall be in the state or federal courts of competent
!urisdiction In Nueces Countv, Texas,
3
SECTION 16. This franchise may be transferred in accordance with the City charter.
Further, Grantee can assign this Agreement pursuant to the sale of all or substantially all of the
assets or stock of Grantee or pursuant to the sale of all or substantially all of the assets or operations
of the division of Grantee that is operating the Network. Provided, the City shall be promptly
notified In writing of any such assignment with such notification accompanied by documentation
demonstrating that the assignment falls within the requirements of the preceding sentence. Grantee
may enter into one or more agreements for installation of the Network, operation of the Network, or
both with one or more entitles. Equipment used to provide the Network may be leased by Grantee
and/or be subject to securit:: interests of vendors or lenders, and, after the Agreement is entered into
by the City and Grantee, the City shall have no rights in or to any equipment related to or used in
connection with the Network. Provided, however. upon expiration or termination of the Network
Services i-\greement. disposal of the equipment shall be in accordance with the Network Services
~greement
SECTION 1 i.. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provisIOn of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, It shall nOl affect any other section, paragraph, subdivision, clause,
phrase, word or provIsion of this ordinance. for it is the definite intent of the City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for Its purpose~ provided. however, that this paragraph does not apply should the
compensation provided to the City hereunder be held invalid by final judgment of a court of
competent jurisdiction after all appeals, if any, and the City may in that even declare this franchise
null and VOId If any delegation of authority made herein shall be held invalid or unconstitutional
by a court of competent jurisdiction, authority shall be deemed vested in the appropriate authority to
exercise the delegated authority and this ordinance shall be otherwise unaffected.
SECTION 18. The Grantee shall pay all costs of publication of notice of this ordinance as
required by the City charter
SECTION 19. This franchise ordinance shall take effect when all of the following
conditions have been met: 1) it has been executed by the parties; 2) the parties or the Corporation
and EarthLink have executed the Network Services Agreement, 3) the parties have executed the
1\groement, and 4) the City and the Corporation have entered into an agreement granting the
Corporation all rights required or appropriate to perform as contemplated in this Franchise.
4
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of ______ _' 2006, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry GarCIa
fhat the foregoing ordinance was read for the second time and passed finally on this the
day of _._.____, 2006, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
J oim E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry GarCIa
APPROVED AND PASSED on this" _'_ day of______
,2006.
A ITEST:
Henry Garrett, Mayor
Armando Chapa, City Secretary
Approved: ,/\J ~_ .. _~~ )-s"..\..
cK...AA- "\.- N1f\- C-C \
Lisa Aguilar (o' -
Assistant City Attorney
for City Attorney
~:
AN ORDINANCE GRANTING TO EARTHLINK, INC. A NON-EXCLUSIVE TEN YEAR
FR4NCHISE TO OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE
FACILITIES OF A WIRELESS NETWORK IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Corpus Christi, Texas (the "City") and EarthLink, Inc. (the
"Grantee") contemplate entering into an agreement (the "Agreement") whereby certain assets of the
City of Corpus Christi Citywide Integrated Wi-Fi Network will be transferred to Grantee in
consideration of cash and commitments of Grantee beneficial to the City's purposes for the
Network made by Grantee entering into an agreement with the CC Digital Community
Development Corporation the "Corporation") to provide certain network access to the City as
managed by the Corporation ("Network Services Agreement"); and
WHEREAS, for implementation of the Agreement, the City and the Grantee desire that the
City grant a franchise for the Grantee to use the City right-of-way and other property as provided
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City hereby grants to the Grantee a non-exclusive franchise to acquire,
construct, install, operate, maintain, extend, and upgrade facilities of its wireless network (the
"Network") In, over. under and across the public rights-of-way of the City, including, without
limitation, the installation of radios, the right to erect poles or other structures for attachment of
radios, and the right to access, use and install fiber. The City hereby grants Grantee the non-
exclusive right to use any easements and rights-of-way owned or controlled by the City for access
to City owned property or third party property (subject to Grantee obtaining approval from the third
party property owner) insofar as consistent with the City's right in the easement or right-of-way and
consistent with and subordinate to the primary purpose and use of the easement or right-of-way.
SECTION 2. The term of the franchise shall commence on the effective date of this
franchise and shall continue in effect for ten (10) years. Thereafter, the franchise may be renewed
for two (2) successive five 5) year penods of time upon at least six (6) months prior written notice
by Grantee to the Corporation, proVIded that Grantee has not committed a Major Default (as defined
In the Network Services Agreement) under the Network Services Agreement that is continuing
during the six (6) months prior to any renewal term. Provided, however, the franchise shall expire
upon expiration of the Network Services Agreement, if earlier.
SECTION 3. During the Term, the City hereby grants to Grantee the continuing right to
connect to, transmit through and use in connection with the Network the fiber optic transmission
system owned or leased by the City in connection with the Network ("Fiber System") in accordance
with standards and protocols in the Network Services Agreement or agreements incidental thereto.
The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the
City Fiber and to execute such additional agreements designating the speed and number of lines of
the Fiber System for Grantee's use and related charges, if any, without the necessity of further
approvals by the City Council ("Leased Fiber"). Provided, however, nothing herein shall prevent
the City from conveying the Fiber System or any part thereof to the Corporation.
SECTION 4, During the Term, the City hereby grants to Grantee the continuing right to
COIUlect to, transmit through and use in connection with the Network the wireless assets owned or
leased by the City ("City Wireless Assets") in accordance with standards and protocols in the
Network Services Agreement or agreements incidental thereto. The City hereby authorizes the
Corporation to cooperate ,\lith Grantee in Grantee's access of the City Wireless Assets and to
execute such additional agreements designating the speed and other specifications and charges, if
any, without the necessity of further approvals by the City Council. Provided, however, nothing
herein shall prevent the City from conveying the City Wireless Assets or any part thereof to the
Corporation
SECTION 5. rhe City owns, operates and maintains certain assets, such as building
rooftops, radio towers, and data center or collocation facility locations (collectively, the
"Premises") During the Term, the City hereby grants to Grantee the continuing right and license to
operate the Network on such Premises and to access, and install directly onto or within any part of
the PremIses and operate and maintain radios, antennae and other devices in the number designated
Grantee and to the co-location of equipment and telecommunications lines and circuits ("Co-
located Devices") on the Premises as set forth in an applicable Antennae Site Use Agreement that
identifies the particular Premises and locations thereon that are appropriate for the installation of
such deVIces considering the character and use of the Premises. The City hereby authorizes the
Corporation with respect to Premises under its control or the City Manager to cooperate with
Grantee III Grantee's access and use of the Premises, and to execute such additional agreements
designating the specific Premises and related rental amounts mutually agreed upon by Grantee and
the Corporation or the City Manager ("Antennae Site Use Agreement").
SECTION 6. As compensation for the rights and privileges herein conferred, Grantee shall
pay monthly to the Corporation a payment based upon a revenue share for the access services
provided to customers through the Network; provided however, Grantee shall pay to the
Corporation separate payments for the Leased Fiber and the Premises. The revenue share for the
access services will equal a percentage between three and five percent (3-5%) (as specified in the
Network Services Agreement) of Grantee's total gross receipts collected and received by Grantee
for the applicable wireless access retail, wholesale and occasional use services provided via the
Network in the City and in the City's extra-territorial jurisdiction locations covered by the Network
(i) less any applicable sales taxes or government required fees, (ii) less refunds, credits and charge-
backs, (iii) less any amounts paid by the City or the Corporation to Grantee ("Access Revenue").
Access Revenue does not include fees for add-on products, CPE, installation, advertising, content,
bounties and referral fees, fees for sales through Internet commerce sites, V oIP or other voice
capabilitIes (except as may be agreed III the Network Services Agreement). The revenue payment
shall be due and payable by electronic funds transfer as mutually agreed upon by the Corporation
and Grantee in the Network Services Agreement.
SECTION 7. The City hereby grants to Grantee the right to install, operate and maintain
the Network and the related communications equipment on the City street lights, traffic lights and
connecting hardware and poles ("City Poles") in accordance with standards and protocols in the
Network Services Agreement or agreements incidental thereto, which will assure location and
mstallation consistent with public health and safety. Prior to final adoption of this ordinance,
Grantee WIll provide the City with its anticipated plans for mounting sites, and other assets and
facilities, including, but not limited to, communications towers, light standards, utility poles,
hillboards and building rooftops, whether owned or not owned by the City, and the City will inform
Grantee of approvals required, if any, other than this franchise, and the process therefore, and will
certify that no other approvals are required. Submission of any such anticipated plans will not
require Grantee to install on any particular location or prevent Grantee from altering its as-built
plans. For expansions and changes during the term of this franchise, upon notification from Grantee
the City will promptly notify Grantee of approvals required, if any, and the process therefore. By
agreement, the City will charge the Corporation with the duty to assist Grantee in obtaining any
changes required, to promptly contact and work with City staffto facilitate the rapid issuance of any
required approvals. and to educate pertinent City staff on Grantee's rights under this franchise.
SECTION 8. The City hereby authorizes the Corporation to negotiate and enter into a
Network Services Agreement with the Grantee, whereby the Corporation and Grantee will
cooperate with one another as Grantee acquires, constructs, installs, operates, maintains, extends,
and upgrades facilities of its Network in the City and the Grantee will provide certain services via
the Network for the City's or Corporation' s benetit to be managed by the Corporation. The City
hereby grants the Corporation all rights, licenses, permits and authorizations necessary to manage
any services provided by the Grantee for the benefit of the City pursuant to the Network Services
\greement. as more particUlarly described in an agreement between the City and the Corporation.
SECTION 9. The Network Services Agreement shall obligate Grantee to maintain
adequate books and records relating to its payment obligations under this franchise for four (4)
years from the date the payment was made. Grantee shall file annually with the Corporation a
statement of Network access revenues for that annual period attributable to the operations of the
Grantee's Network pursuant to this franchise ordinance. The Corporation and the Grantee may
agree to records and audit procedures in the Network Services Agreement.
SECTION 10. All construction, excavation, disturbance, or obstruction of rights-of-way
shall be carried out according to applicable federal, state, and local laws, and according to the
requirements of the Director of Engineering Services of the City, including requirements to relocate
Corporation facilities and to repair or restore City property, at the Grantee's expense.
SECTION 11. The Grantee shall carry out its operations under this franchise in compliance
with all valid federal. state, and local laws. Nothing in this franchise shall be construed to contract
away any City police power to regulate and legJslate to protect and promote the public health,
safety, and welfare
SECTION 12. The Grantee shall carry out its operations in compliance with all of the
terms and conditions of the Network Services Agreement.
SECTION 13. In addition to all rights of the City, at law or in equity, to enforce the terms
of this franchise. the City may forfeit and terminate this franchise in the event of termination of the
'Jetwork Services Agreement in accordance with the terms of the Network Services Agreement.
SECTION 14. Neither Grantee nor the CJty shall be excused from complying with any of
the terms and conditions of this franchise by any failure of the other party on one or more occasions
to enforce compliance WIth such terms and conditions.
SECTION 15. Interpretation of this franchise and the rights and duties created hereunder
shall be pursuant to the constitution and laws of the State of Texas and the charter and ordinances of
3
the City. Venue for actions concerning any matter or controversy growing out of or incident to the
duties and obligations in this franchise shall be in the state or federal courts of competent
lUrisdiction in Nueces County, Texas
SECTION 16. ThIs franchise may be transferred in accordance with the City charter.
Further, Grantee can assign this Agreement pursuant to the sale of all or substantially all of the
assets or stock of Grantee or pursuant to the sale of all or substantially all of the assets or operations
of the division of Grantee that is operating the Network. Provided, the City shall be promptly
notified In writing of any such assignment with such notification accompanied by documentation
demonstrating that the assignment falls within the requirements of the preceding sentence. Grantee
may enter into one or more agreements for installation of the Network, operation of the Network, or
both with one or more entitles. Equipment used to provide the Network may be leased by Grantee
and/or be subject to securit) interests of vendors or lenders, and, after the Agreement is entered into
by the City and Grantee, the City shall have no rights in or to any equipment related to or used in
connection with the Network. Provided, however, upon expiration or termination of the Network
Services Agreement. disposal of the equipment shall be in accordance with the Network Services
i\greement
SECTION 17. If for any reason any sectIOn, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, It shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose; provided, however, that this paragraph does not apply should the
compensation provided to the City hereunder be held invalid by final judgment of a court of
competent jurisdiction after all appeals, if any, and the City may in that even declare this franchise
null and void. If any delegation of authority made herein shall be held invalid or unconstitutional
by a court of competent jurisdiction. authority shall be deemed vested in the appropriate authority to
exercise the delegated authority and this ordinance shall be otherwise unaffected.
SECTION 18. The Grantee shall pay all costs of publication of notice of this ordinance as
required by the City charter
SECTION 19. This franchise ordinance shall take effect when all of the following
conditions have been met: 1) it has been executed by the parties; 2) sixty (60) days have expired
since final adoption by the City Council, 3) the parties or the Corporation and EarthLink have
executed the Network Services Agreement, 4) the parties have executed the Agreement, and 5) the
City and the Corporation have entered into an agreement granting the Corporation all rights
required or appropriate to perform as contemplated in this Franchise.
4
-
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of ___, 2006, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry GarcIa
That the foregoing ordinance was read for the second time and passed finally on this the
day of________, 2006, by the following vote:
Henry (Jarrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
APPROVED AND PASSED on this
._ day of _...______.
,2006,
ATTEST'
Armando Chapa, City Secretary
Approved.!..i~~v __J_L.:n l L
Henry Garrett, Mayor
~:K- ~~j<-
Lisa Aguilar \../
A~istant City Attorney
for City Attorney
32
......."m_'~
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REGULAR MEETING
DATE. Tuesday November 14. 2006
TIME During the meeting of the City Council beginning at 10 a m
PLACE City Council Chambers
1201 Leopard St
Corpus Christi, TX 78401
1. President Rex Kinnison calls meeting to order
2. Secretary Armando Chapa calls roll
Board of Directors
Rex A. Kinnison, President
Brent Chesney, Vice President
Melody Cooper
Jerry Garcia
Henry Garrett
Bill Kelly
John E Marez
Jesse Noyola
Mark Scott
Officers
George K. Noe. General Manager
Armando Chapa, Secretary
Mary Juarez, Asst Secretary
Cindy O'Brien, Treasurer
Constance P Sanchez, Asst Treasurer
3. Approval of the minutes of October 18, 2005, and September 19 2006
4. Approval of the financial report
5. Approval of a request by the Nueces Community Action agency to amend their CHDO agreement to
Increase the maximum purchase price of a home under their CHDO program from $80,000 to
$85 000
6. Public Comment
7. Adjournment
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
October 18, 2005
3:06 P.M.
PRfSENT
Board of Directors
Rex Kinnison, President
Breat Chesney, Vice-President
Melody Cooper
JOM Marez
Henry Garrett
Bill Kelly
Mark Scott
Jerry Garcia
Officers
George K. Noe, City Manager
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
ABfENT
Jesse Noyola
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the
meeting had been posted.
President Kinnison called for the approval ofthe July 26,2005 minutes. Mr. Garrett made a
motion to approve the minutes as presented, seconded by Mr. Chesney, and passed.
President Kinnison called for the financial report. City Manager Noe referred to a Combined
Balance Sheet and Combined Statement of Revenues, Expenditures, and Changes in Fund Balance
for the twelve months ending July 31,2005. There were no comments.
President Kinnison opened discussion on Item 5, a request from L.V.L.A.C. Village
Apartments for reinstatement of the remaining $259,359 from the original $370,700 of
HOME/CHDO program funds. Mr Noe reported that the grant funds would be used for the
rehabilitation of the 152-uTIlt apartment complex. Additionally, the funds would be expended within
90 days of the approval of the reinstatement. A motion was made, seconded, and passed to approve
LV.L.A.C Village Apartment's request as stated above (Noyola was absent).
President Kinnison asked for public comment, and there was none.
There being no further business to come before the Board, President Kinnison adjourned the
meeting at 3 :08 p.m. on October 18. 2005
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
September 19, 2006
10:44 A.M.
PRfSENT
Board of Directors
Rex Kinnison, President
Bremt Chesney, Vice-President
Melody Cooper
Henry Garrett
Bill KelJ \>
John Marez
Jesse Noyola
Mark Scott
Jerry Garcia
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Cindy O'Brien. Treasurer
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting
had been posted.
President Kinnison called for the approval of the minutes from the August 22,2006 meeting.
Mr. Garrett made a motion to approve the minutes as presented, seconded by Mr. Chesney, and
passed.
President Kinnison opened discussion on Items 4 and 5, appointments to the Loan Review
Committee. The following appointments were made: Alice Vaughan (Reappointed), Ben Grande
(Reappointed), Alynda Asher (Reappointed), and Jesus A. Leija (Reappointed) and Char Atnip (New
Appointment).
General Manager Noe introduced Item No.6, the revisions to the CCCIC Loan and Grant
Rehabilitation Handbook. There were no questions. Secretary Chapa polled the Corporation for
their votes on Item 6
6 MOTION TO APPROVE REVISIONS TO THE CCCIC LOAN AND GRANT
REHABILITATION HA.~BOOK TO REFLECT THE NEW PEOPLESOFT SYSTEM
ADJUSTMENT TO THE CCCIC ESCROW ACCOUNT - GENERAL LEDGER
ACCOUNT NUMBERS REFERENCED IN CHAPTER 2, ENTITLED, GENERAL
LEDGER ACCOUNTS.
The foregoing motion was passed and approved as follows: Kinnison, Chesney, Cooper,
Garcia, Garrett, Kelly, Marez. Noyola, and Scott, voting "Aye".
General Manager Noe introduced Item No.. 7, the revisions to the CCCIC Loan and Grant
Rehabilitation Handbook. There were no questions. Secretary Chapa polled the Corporation for
their votes on Item 7
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
September 30,2006
Loan Program Special Project HOME Program
ASSETS Fund Fund Fund Total
Cash and investments 731.499 221,875 361,318 1,314,692
Due from U S Government/Other Fund 47,326 0 112,760 160,086
Mortgages receivable 11.516,677 0 7,670,977 19,187,654
Accrued interest receivable 603 1,545 0 2,148
Account receivable 19,771 0 5,701 25,472
Leasehold improvements (net of
accumulated amortization) 0 0 0 0
Investment in property (net of
accumulated depreciationl 180,896 21,047 0 201,943
Total assets 12,496,772 244.467 8.150.756 20,891.994
L1ABILllIES AND FUND BALANCE
Liabilities:
Accounts payable 341 .836 0 308,830 650,666
Bank note payable 0 0 0 0
Total HIlbilities 341 ,836 0 308,830 650,666
Fund Balance
Reserved for mortgages 11.516,677 21,047 7.670,977 19,208,701
ReseNed for Investments 231 ,679 0 0 231 ,679
Unreserved 406,580 223,420 170,948 800,948
Total fund balance 12,154,936 244,467 7,841,925 20,241,328
T otalllabilities and fund balance 12.496.772 244,467 8.150,755 20,891.994
~
CiTY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
l=OR THE TWO MONTHS ENDING SEPTEMBER 30, 2006
Loan Program Special Project HOME Program
Fund Fund Fund Total
Revenues
Contribution from Federal Government 0 0 1 ,135,953 1,135,953
Interest on loans 12,396 0 79,066 91,462
Interest on investments 3.484 1.880 5,183 10,547
Rental income 19.610 0 0 19,610
Miscelleneous 408 0 381 789
~.,-,-_._-
Total revenues 35,898 1,880 1,220,583 1,258,361
Expenditures
Grants 0 0 1,026,516 1,026,516
Warranty Work 1,607 0 6,400 8,007
Community Development administration 0 0 210,713 210,713
Loan processing 0 0 26,502 26,502
Accounting services 0 0 1,568 1,568
interest expense 0 0 0 0
Miscell8neous 0 0 0 0
Accumulated amortization-
forgiVlble loans 17 .333 0 70,078 87,411
leasettold improvements 0 0 0 0
Accul110lated depreciation - building 1,243 0 0 1,243
"'otal expenditures ____..?O.183 __ 0 1,341,777 1,361,960
Excess of revenues over expenditures 15,715 1,880 (121,194) (103,599)
Other financing sources(usesi:
Operating transfers in(out)
Tranefer From CDBG 0 0 0 0
Transfer To CDBG 0 0 0 0
-.---..-"---
Total other financing sources(uses) 0 0 0 0
-'--~-'-"',--
Excess (Oeficit)of revenues and other financing
sources over expenditures and other uses 15,715 1,880 (121,194) (103,599)
Fund balances at August 1 2006 12.139,221 242,587 7,963,119 20,344,927
Fund batences at September 30,2006 12,154.936 244.467 7 .841.925 20.241.328
Memorandum
TO:
President Rex Kinnison and Board Members of the Corpus Christi
Community Improvement Corporation
George K. Noe, General Manager ~J
November 9. 2006 r
FROM:
DATE:
SUBJECT Request for Meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) on November 14, 2006
I am requesting that a meeting of the Corpus Christi Community Improvement Corporation
(CCCIC) be held during the council meeting of Tuesday, November 14, 2006, to consider
a request by the Nueces County Community Action Agency (NCCAA).
The NCCAA constructs new affordable housing as part of the City's HOME program under
a 2803 CHDO agreement between NCCAA and the CCCIC NCCAA is requesting an
amendment to their CHDO agreement allowing the increase in maximum purchase price of
an affordable home from $80,000 to $85,000.
This change is necessitated by increasing costs of construction and construction materials.
Both the 4A Board and the COC have recently increased their purchase price limits from
$80,000 to $85,000 as a result of these same market pressures. The price limit of $80,000
was established on April 9, 2002 for NCCAA.
We believe that the NCCAA request is valid and is supported by both COC and 4A Board
previous action and we recommend approval.
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