HomeMy WebLinkAboutAgenda Packet City Council - 02/27/2007CITY COUNCIL AGENDA
FEBRUARY 27, 2007
Corpus Christi
11:45 A.M. - Proclamation declaring March 1, 2007 as "Southwest Airlines 30`h Anniversary'
Proclamation declaring the week of March 5 -9, 2007 as "National Dental Assistants Week"
Swearing -in ceremony of newly appointed Board, Commission and Committee Members
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
FEBRUARY 27, 2007
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHI*TED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. tf you have a petition or other information pertaining to your
subject, please present it to the City Secretary
Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas
del Conci o para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Youth Pastor Jason Curlee, Church of Hope.
C. Pledge of Allegiance to the Flag of the United States.
D. city Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tem Rex Kinnison
Counci ►llerrO3ers:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
E. III NUTS:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
1. Approval of Regular Meeting of February 20, 2007. (Attachment # 1)
Agenda
Regular Council Meeting
February 27. 2007
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
firwily pass an ordinance by adopting it as an emergency measure
raiher then 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. SPECIAL PRESENTATION.
Capital Improvement Projects Completed in 2006
I, CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furrdshed with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawnfor 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.
CONSEN, MO'NS. RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PlIEVIOUS MEETINGS:
(Atthis pant the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2. Motion approving a service agreement with Sierra Services, of
Sinton, Texas for the Mary Rhodes pipeline easement right -of-
way mowing in accordance with Bid Invitation No. BI- 0111 -07
based on low bid for an estimated annual expenditure of
$32,077.36. The term of the agreement shall be for twelve
months with an option to extend for up to two additional twelve-
Agenda
Regular Council Meeting
February 27, 2007
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
month periods, subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the
Water Department in FY 2006 -2007. (Attachment # 2)
3. Motion approving the purchase of traffic control equipment from
the following vendors for the following amounts based on the
Cooperative Purchasing Agreement with the State of Texas, for
a total amount of $118,060. Funds have been budgeted by the
Street Department in FY 2006 -2007. (Attachment # 3)
Texas Highway Products LTD.
Rgund Rock, Texas
Video Detection Equipment
$80,960
Paradigm Traffic Systems, Inc.
Fort Worth, Texas
UPS Systems
$37,100
Grand Total: $118,060
4. Motion approving supply agreements with the following
companies for the following amounts for library books and
recordings, based on best value, for multiple progressive awards,
in accordance with Bid Invitation No. BI- 0080 -07, for an estimated
annual expenditure of $345,735. The term of the agreements
shall be for twelve months with options to extend for up to four
additional twelve -month periods, subject to the approval of the
suppliers and the City Manager or his designee. Funds have
been budgeted by the Corpus Christi Public Libraries and the
Local Branch of the South Texas Library System in FY 2006 -
2007. (Attachment # 4)
Baker & Taylor Inc.
Charlotte, NC
Primary Supplier Groups 1 -3
$290,888
Brodart Co.
Williamsport, PA
Secondary Supplier Group 1
$54,847
Grand Total $ 345,735
5. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with the Corpus
Christi independent School District in the amount of $78,500 for
the DARE Curricula. (Attachment # 5)
Agenda
Regular Council Meeting
February 27, 2007
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6. Resolution authorizing the submission of a grant application in the
amount of $143,605 to the Texas Department of Transportation
for a Comprehensive Selective Traffic Enforcement Project
(STEP) in the Police Department for overtime DWI and speed
enforcement with a City match of $28,430 for a total project cost
of $172,035 and authorizing the City Manager or his designee to
apply for, accept, reject, alter or terminate the grant. (Attachment
# 6)
Resolution authorizing the City Manager or his designee to enter
into an Interlocal Agreement with Nueces County to provide for
joint use of Police Records Management and Mobile Data
Systems from Intergraph in the amount of $118,217 for client
software, data conversion and storage, and training, with ongoing
maintenance costs of $17,760 annually starting in year two.
(Attachment # 7)
8.a. Motion amending Motion No. 2006 -215 authorizing the City
Manager to purchase specialized equipment in the amount of
$543,368.55 using funds from the 2005 State Homeland Security
Grant to designate purchase of the equipment from the Houston -
Gariveston Area Council of Government (HGAC). (Attachment
# 8)
8.b. Ordinance appropriating $543,368.55 from the State Homeland
Security Grant Program in Fire Grant Fund 1062 for the purchase
of specialized equipment. (Attachment # 8)
9. Motion authorizing the City Manager or his designee to sign the
First Amendment to the Raw Water Supply Contract between the
City of Corpus Christi and San Patricio Municipal Water District
to increase the amount of raw water to be sold to San Patricio
Municipal Water District by 11,200 -acre feet per calendar year.
(A achment # 9)
10. Ordinance authorizing the approval of a Land Exchange
Ac, reement between the City of Corpus Christi and the Corpus
Christi Independent School District (CCISD) for the exchange of
2.98 acres owned by the City from the Lindale Park Subdivision,
Section 3, located north of Ray High School, in exchange for two
properties owned by CCISD described as the Booker T.
Washington School Site (Bluff Addition, all of Block 55) and a
Agenda
Regular Council Meeting
February 27. 2007
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1.76 acre tract located on Timon Boulevard on North Beach;
approving closing costs not to exceed $6,000; and authorizing the
City Manager or his designee to execute an Exchange Agreement
and Warranty Deed in connection with the exchange of land.
(Attachment # 10)
11. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 for project management services in the
amount of $532,020 for a restated total fee of $1,690,020 with
Anderson Group Construction Management, Inc., of Corpus
Christi, Texas for various Capital Improvement Projects
associated with the 2007 Capital Improvement Program.
(Attachment # 11)
12. Motion authorizing the City Manager or his designee to execute
Change Order No. 1 to the construction contract with Musco
Sports Lighting, LLC, of Round Rock, Texas in the amount of
$73,940 for the Sports Field Lighting Improvements for the
addition of Universal Little League. (BOND ISSUE 2004)
(Attachment # 12)
13. Motion authorizing a permit for the temporary closure of street(s)
for La Fiesta De San Patricio, waiving the free admission
requirement for the Fiesta and authorizing the City Managerorhis
designee to issue a permit for the Fiesta on an annual basis upon
rreeting the conditions and requirements for permit in Section 49-
17. (Attachment # 13)
14. Ordinance abandoning and vacating a 172.50- square foot portion
of a 7.5 -foot wide utility easement out of Lot 9, Block 4,
Boardwalk Unit 1, adjacent to Boardwalk Avenue, and
approximately 272 -feet southwest of the Timbergate Drive and
Boardwalk Avenue intersection; requiring the owner, Herbert R.
Saenz, to comply with the specified conditions. (Attachment# 14)
15. First Reading Ordinance - Amending the Code of Ordinances,
Cky of Corpus Christi, Chapter 14, to reduce building permit and
survey fees for business operations in Census Tracts 5, 7, 13, 35,
and 50 included in the expanded Renewal Community; providing
for publication; providing for an effective date. (Attachment # 15)
Agenda
Regular Council Meeting
February 27, 2007
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
J. PUBLIC HEARINGS:
16.a. Public hearing to consider abandoning and vacating a 31,825 -
square foot portion (0.7306 acres) of an undeveloped 20 -foot
we dedicated public right -of -way out of Lots 21 -23, Section 32,
Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal
at Terra Mar Subdivision) south of and adjacent to Victoria Park
Unit 7 Subdivision and approximately 450 -feet southwest of the
Oso Parkway Street right -of -way. (Attachment # 16)
16.b. First Reading Ordinance - Abandoning and vacating a 31,825 -
sc care foot portion (0.7306 acres) of an undeveloped 20 -foot
we dedicated public right -of -way out of Lots 21 -23, Section 32,
Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal
at Terra Mar Subdivision) south of and adjacent to Victoria Park
Unit 7 Subdivision and approximately 450 -feet southwest of the
Oso Parkway Street right -of -way, subject to owner's compliance
with the specified conditions (Attachment # 16)
17.a. Public hearing to consider abandoning and vacating a 26,310 -
square foot portion (0.604 acres) of an undeveloped 20 -foot wide
dedicated public right -of -way out of Lot 1, Section 32, Flour Bluff
and Encinal Farm and Garden Tracts (Valencia at Terra Mar
Subdivision), southeast of and adjacent to Monte Verde at Terra
Mar Unit 1 Subdivision, between the Holly Road and Wooldridge
Road Street rights -of -way. (Attachment # 17)
17.b. First Reading Ordinance - Abandoning and vacating a 26,310 -
sguare foot portion (0.604 acres) of an undeveloped 20 -foot wide
dedicated public right -of -way out of Lot 1, Section 32, Flour Bluff
and Encinal Farm and Garden Tracts (Valencia at Terra Mar
Subdivision), southeast of and adjacent to Monte Verde at Terra
Mar Unit 1 Subdivision, between the Holly Road and Wooldridge
Road Street rights -of -way, subject to owner's compliance with the
specified conditions. (Attachment # 17)
Agenda
Regular Council Meeting
February 27, 2007
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
ZQNING CASES:
18. Cease NQ. 0107 -02, Fuel The Element of Men's Grooming, LLC:
A change of zoning from an "AB" Professional Office District to a
"B-1" Neighborhood Business District on property described as
Windsor Park Unit 4, Block 35, Lot 1, located along the northeast
intersection of Everhart Road and Janssen Drive. (Attachment
# 18)
Pl$nninp Commission and Staffs Recommendation: Approval of
the "B -1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Fuel The
Element of Men's Grooming, LLC, by changing the zoning map
in reference to Windsor Park Unit 4, Block 35, Lot 1, from an "AB"
Professional Office District to a "B -1" Neighborhood Business
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a
repealer clause; providing a penalty; providing for publication.
19. C se t'49. 0107 -05, Wayne Lundquist, Trustee: A change of
zoning from a "B-4" General Business District to a "B -5" Primary
Business District on property described as Joslin Tracts, Block 2,
Lot 4, located north of South Padre Island Drive and
approximately 1, 500 -feet west of Ennis Joslin Drive. (Attachment
# 19)
Punning Commission and Staffs Recommendation: Approval of
a "B -5" Primary Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Wayne
Lundquist, Trustee, by changing the zoning map in reference to
Joslin Tracts, Block 2, Lot 4, from a "B -4" General Business
District to a "B -5" Primary Business District; amending the
Comprehensive Plan to account for any deviations from the
emoting Comprehensive Plan; providing a repealer clause;
providing a penalty; providing for publication.
Agenda
Regular Council Meeting
February 27, 2007
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
20. C4se NQ. 0107 -06, Christus Spohn Health System: A change of
zoning from an "A -1" Apartment House District to an "AB"
Professional Office District on property described as Bayview
Subdivision, Block 6, Lot 5, located at 1217 Ocean Drive between
Morgan Avenue and Craig Street. (Attachment # 20)
Planning Commission and Staffs Recommendation: Approval of
the "AB' Professional Office District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Christus
Spohn Health System, by changing the zoning map in reference
to Bayview Subdivision, Block 6, Lot 5, from an "A -1" Apartment
Hose District to an "AB" Professional Office District; amending
the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause;
providing a penalty; providing for publication.
K. REGULAR AGENDA
CONSIDI CATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
21.a. Public hearing to consider AEP Texas Central Company's
requested increase in its electric transmission and distribution
rates and charges within the City. (Attachment # 21)
21.b. Ordinance of the City of Corpus Christi, Texas finding, after
reasonable notice and hearing, that AEP Texas Central
Company's requested increases to its electric transmission and
distribution rates and charges within the City should be denied;
providing for recovery of rate case expenses; preserving
regulatory rights of the City; resolving other provisions related to
the subject matter hereof. (Attachment # 21)
22. Ordinance providing for the issuance of the General Improvement
Bonds, Series 2007A, of the City of Corpus Christi, Texas, in an
aggregafe principal amount not to exceed $31,500,000;
establishing parameters regarding the sale of the bonds;
providing for the levy, assessment and collection of a tax
sufficient to pay the interest on said bonds and to create a sinking
fund for the payment of the principal thereof; repealing all
Agenda
Regular Council Meeting
February 27. 2007
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
ordinances in conflict herewith; approving the execution of
documents in connection with the sale of the bonds, including
execution of a bond purchase contract; and providing that this
ordinance shall be in force and effect from and after the date of
its passage. (Attachment # 22)
L. PESITATIONS:
Public comment will not be solicited on Presentation items.
23 Sister City Committee Activities Report, presented by General
Chairman Heather Stanton Moretzshohn (Attachment # 23)
24 Equal Opportunity Rights in Employment and Fair Housing
Education Forum (Attachment # 24)
M. P BLIc COMMENT FROM THE AUDIENCE ON MATTERS
T S EDULED ON THE AGENDA WILL BE HEARD AT
R MATELY 12:00 P.M. OR AT THE END OF THE
LUNt. MEETING, WHICHEVER IS EARLIER. PLEASE
IIT SENTATIQNS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su inglas es limitado, habra un intarprete
int,, s- espanol en la reunion 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.
Agenda
Regular Council Meeting
February 27, 2007
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any mafters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
25. Executive session under Texas Government Code Section
551.071 regarding Amulfo Garcia v. City of Corpus Christi; Civil
Action No. 06 -198; in the United Sates District Court, with
possible discussion and action related thereto in open session.
26. Executive session under Texas Government Code Sections
551.071 and 551.072 regarding consultation with attorney and
deliberation regarding the Oso Beach Municipal Golf Course
property and /or possible location of a future golf course site with
possible discussion and action related thereto in open session.
O. REPORTS:
The following reports include questions by Council to Staff regarding
C#y policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow -up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city- related matters.
27. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 80th Texas
Legislature.
28. CITY MANAGER'S REPORT
Upcoming Items
29. MAYOR'S UPDATE
Agenda
Regular Council Meeting
February 27, 2007
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
30. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTWIG STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hell, 1201 Leopard Street, at ? ;30 p.m., February 23, 2007.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 20, 2007 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Heath Peloquin with Brighton Park Baptist Church
and the Pledge of Allegiance to the Jnited States flag was led by Council Member Brent Chesney.
Mayor Garrett called for approval of the minutes of the regular Council meeting of February
13 2007 A motion was made and passed to approve the minutes as presented.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Commtee for Persons with Disabilities
David Walker (Reappointed)
Clifford E Bost (Appointed;:
Herman Lee Jones II (Appointed)
David Ramos (Appointed)
Harvey Salinas (Appointed?
Rosa M. Valdez (Appointed)
Water Shore Advisory Committee
Robert Cagle (Appointed)
Leadership Committee for Senior Services
Alan D. Bligh (Reappointed)
Marion Ball (Reappointed)
Kathy Harron (Reappointed)
Donna Marie Cisneros (Reappointed)
Roland Medrano (Reappointed)
Mary Garana Allen (Reappointed)
Judy McNamara (Appointed)
Guy Williams (Appointed)
** * * * * * * * * **
Mayor Garrett called for consideration of the consent agenda (Items 3 - 18). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the discussion and vote
on Items 8.a. and 8.b City Secretary Chapa announced that Items 14_and 16 were withdrawn by
staff. There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
3 MOTION NO. 2007 -045
Motion approving the lease purchase of two (2) pickup trucks from Phiipott Motors, of Port
Neches, Texas for a total amount of $48,292. The award is based on the cooperative
purchasing agreement with the Houston Galveston Area Council (H -GAC). The vehicles will
Minutes -- Regular Council Meeting
February 20, 2007 -- Page 2
be used by the lifeguard staff of the Park and Recreation Department. Funds for the lease
purchase of equipment will be provided through the City's lease /purchase financing
program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
MOTION NO. 2007 -046
Motion approving the lease purchase of one (1) ambulance from Freightliner, of Austin,
Texas for a total amount of $125,800. The award is based on the cooperative purchasing
agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The
ambulance will be used by the Fire Department. The unit is a replacement to the fleet.
F'nancing will be provided through the City's lease /purchase financing program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
5.a MOTION NO. 2007 -047
Motion authorizing the City Manager or his designee to accept supplemental grant funding in
the amount of $88,500 from the Texas Automobile Theft Prevention Authority (ATPA) for the
Motor Vehicle Theft Enforcement Grant within the Police Department.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
5.h ORDINANCE NO. 027153
Ordinance appropriating $88,500 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye ".
6.a RESOLUTION NO. 027154
Resolution authorizing the City Manager or designee to accept an amended grant of
$95,691 from the Department of State Health Services for personnel costs, fringe benefits,
travel, and supplies for the immunization program and execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
61: ORDINANCE NO. 027155
Ordinance appropriating an amended grant of $95,691 from the Department of State Health
Services in the No. 1 066 Health Grants Fund for personnel costs, fringe benefits, travel, and
supplies for the immunization program.
Minutes Regular Council Meeting
February 20, 2007 - Page
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
ORDINANCE NO. 027156
Ordinance governing City elections in 2007, including appointment and compensation of
election officials, voting systems. ballot boxes and central counting station.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
8.a ORDINANCE NO. 027157
Ordinance appropriating $28,154.37 in unappropriated interest eamings in the Airport 2000B
Capital Improvement Program Fund No. 3025; amending FY 2006 -2007 Capital Budget
adopted by Ordinance No. 026997 to increase appropriations by $28,154.37.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye "; Noyola abstained.
8.b MOTION NO. 2007 -048
Motion authorizing the City Manager or his designee to execute a construction contract with
DMB Construction, of Corpus Christi, Texas in the amount of $183,872 for the Corpus
Christi International Airport (CCIA) Entrance and Business Park Signage.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, and Scott, voting "Aye "; Noyola abstained.
9.a. MOTION NO. 2007 -049
Motion authorizing the City Manager or his designee to execute Change Order No. 12 to the
construction contract with George Construction, Inc. of Houston, Texas in the amount of
$"152,445.19 for the Antelope Street and Salt Flats Area 36- inch /48 -inch Wastewater Gravity
Interceptor Line.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye ".
9.b, MOTION NO. 2007 -050
Motion authorizing the City Manager or his designee to execute Amendment No. 3 to a
Construction Materials Testing Agreement with Fugro Consultants, LP, of Corpus Christi,
Texas in the amount of $6,329.50 for a restated fee of $27,431.80 for the Antelope Street
and Salt Flats Area 36- inch /48 -inch Wastewater Gravity Interceptor Line for additional
testing.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye ".
Minutes - Regular Council Meeting
February 20, 2007 - Page =x
10 MOTION NO. 2007 -051
Motion authorizing the City Manager or his designee to execute Amendment No. 19 with
Shiner Moseley & Associates, Inc.. of Corpus Christi, Texas in the amount of $43,141 for
engineering services associated with:
a. permit documents to increase capacity at J. C. Elliott Landfill,
b Texas Commission on Environmental Quality (TCEQ) Permit, to increase final contours
and disposal capacity,
c. ;modification of fire /water documents for the Transfer Station Texas Department of
Transportation (TxDOT) Permit.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garda, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
11 MOTION NO. 2007 -052
Motion authorizing the City Manager or his designee to execute Change Order No. 1 for
removal of concrete rubble and placement of compacted select fill in the amount of
$97;170.59 with Longhorn Excavators, Inc., of Richmond, Texas for the J. C. Elliott Landfill
Solid Waste Citizen Collection Center and Transfer Station.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye ".
12 RESOLUTION NO. 027158
Resolution authorizing the City Manager or his designee to execute an Advance Funding
Agreement with the Texas Department of Transportation (TXDOT) in the amount of
$103,000 for the Up River Road Improvements from Hunter Road to 700 -feet east. (BOND
ISSUE 2004)
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye ".
13 MOTION NO. 2007 -053
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Goldston Engineering, Inc.,of Corpus Christi, Texas in the amount of $254,250
for the Neighborhood Street Reconstruction Project Clusters 1, 2, 3, 5 & 7 for construction
inspection services. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
14 WITHDRAWN
Minutes Regular Council Meeting
Pehruary 20, 2007 - Page
MOTION NO. 200T-054
Motion authorizing a permit for the temporary closure of street(s) for the Corpus Christi
Festival of the Arts and authorizing the City Manager or his designee to issue a permit for
the Festival on an annual basis upon meeting the conditions and requirements for permit in
Section 49 -17
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Keliy, Kinnison. Marez, Noyola, and Scott, voting "Aye ".
6 WITHDRAWN
17 ORDINANCE NO. 027159
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with MClmetro Access Transmission Services, LLC ( "Owner"), for the right to
install, operate, repair, replace, and maintain one 2 -inch HDPE PVC conduit with fiber optic
cable, approximately 2,738 - linear feet and seven private MCI manholes within the Upper
Broadway Street, Blucher Street, and Carancahua Street rights -of -way, south of Leopard
Street right -of -way; establishing a fee of $5.048.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
MOTION NO. 2007 -055
Motion authorizing the City Manager to execute a Sanitary Sewer Connection Agreement
with Allen Okvist and Mary M Okvist (Developer) for future construction of wastewater public
improvements for Oak Terrace Unit 2, Lot 9 -B, Block 4, in accordance with the Platting
Ordinance Section V- Required Improvements, Subsection 116.a.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ".
Director of Engineering Angel Escobar briefly informed the Council about the Capital
improvement Projects closed in 2006.
* * * * * * * * * *
Minutes -- Regular Council Meeting
F=ebruary 20, 2007 - Page 6
Mayor Garrett referred to Item 19, a presentation regarding the Hotel Occupancy Tax
Review. Bryan Whitford, National Manager for Alcohol and Lodging Tax for MuniServices
(previously MBIA MuniServices Company), provided a powerpoint presentation including the
background and goals of MuniServices; analysis and outcome of the review process; and
recommendations to expand the ordinance, implement a system for monitoring the tax, and assign
staff to conduct audits.
Council members asked questions regarding field audits; unreported problems; cash flow
troubles; implementation of recommendations; feedback from hoteliers and educational process.
Mayor Garrett referred to Item 20, a presentation regarding the Corpus Christi Regional
Economic Development Corporation Quarterly Update. Roland Mower, President and CEO of the
Corpus Christi Regional Economic Development Corporation, provided a powerpoint presentation
including the organizational changes and composition of the board; existing industries programs;
recruitment programs; and emerging opportunities.
Council Members asked questions regarding unfilled jobs in the community due to drug
testing requirements and skilled trades and its economic impact; industrial park incentives;
educational efforts through the school system; marketing outreach; multiplier effects; recruitment
efforts for marine research; the membership of the board of directors; development at the airport;
and the inventory of existing buildings.
Mayor Garrett referred to Item 21, a presentation regarding the First Quarter Report of the
Health Benefits /Risk Management Fund. Cynthia Garcia, Director of Human Resources, provided a
powerpoint presentation including statistics on medical and pharmacy claims, cost per claim
performance, workers' compensation claims, general liability claims and city vehicle accidents.
Council Members asked questions regarding the review program for accidents; prescription
costs and savings programs, benefits packages for employees; health savings accounts; the Mercer
Group consulting company: workers' compensation; case management; and the number of claims
cases from 2000 through 2002.
* * * ** * * **
*
Mayor Garrett called for petitions from the audience. William Kling, 2330 Division, spoke
regarding street repairs on Division Street, Bob White, 4502 Congressional, spoke regarding the
Shriners Circus and the management of the American Bank Center. John Torrey, 7253 Yaupon Dr.,
spoke on behalf of Haas Materials regarding communication with the engineering staff to market
crushed concrete. Luis R. Corona, Sr., 2805 David, provided a petition to beautify Leopard Street
from Buccaneer Stadium to the Bluff
* k * * * * * * * * * *
Mayor Garrett opened discussion on Item 22 regarding improvements at the Marina. Marina
Superintendent Peter Davidson presented this item. Director of Engineering Angel Escobar
provided a description of the change order. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
Minutes Regular Council Meeting
r:ebruary 20, 2007 - Page
22 a ORDINANCE NO. 027160
Ordinance appropriating $43,242 from William O. Harrison, Jr. into the 4700 Manna Fund for
the Marina Development Project Phase III: Docks E, F, G, and H project; amending the FY
2006 -2007 budget adopted by Ordinance No. 026908 to increase revenues and
appropriations by $43,242.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye "; Marez was absent.
22 b MOTION NO. 2007 -056
Motion authorizing the City Manager or his designee to execute Change Order No. 6 to the
construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of $60,090
for the Corpus Christi Marina Development Project Phase III: (Floating Docks E, F, G, and
H i for the installation of additional utilities on the Peoples Street T -Head.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Noyola, and Scott, voting "Aye "; Marez was absent.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
23 Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
06 -133, Cody Smithers, Jeff Ozbirn and Home Sharing Individuals 1 -19 at 326 Meldo Park,
Corpus Christi, Texas a.k.a. Safeplace vs. City of Corpus Christi, Texas, with possible
discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * **
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the City
was participating in the "Great Texas Warrant Roundup" initiated on February 13th through March 9t
with extended hours at Municipal Court from 7:00 a.m. to 9:00 p.m. City Manager Noe announced
the Kickoff Meeting for the 19th NIP area scheduled for 6:00 p.m. tonight at Oak Park Elementary
School. City Manager Noe announced the Seawall Ribbon Cutting and opening of Shoreline
Boulevard northbound traffic lane would be held on Wednesday, February 21st at 2:30 p.m. at
McCaughan Park
Mayor Garrett called for Council concerns and reports. Council Member Kinnison thanked
the Junior League and former Council Member John Longoria for their efforts to complete the Skate
Park. Council Member Kelly spoke regarding a letter he sent to the County Judge to consider
building a golf course instead of an arena Mr. Kelly asked the Council to consider putting an item
on the agenda to discuss this issue
Council Member Marez spoke regarding specifications for a flagpole at the Broadmoor
Senior Center. Council Member Garcia spoke regarding the ownership of Padre Isles Country Club.
Council Member Noyola asked for an update on the retroactive pay schedule for the police and
firefighters
Minutes Regular Council Meeting
Pebruary 20, 2007 - Page et
Mayor Garrett askec staff for a status report on the Model Block Program.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1 :06 p.rn, on February 20, 2007.
2
Requested Council Action: 02 /27/07
Alternate Council Date: 03/13/07
COUNCIL MEMORANDUM
RECOMMENDATION Motion approving a service agreement with Sierra Services, Sinton
Texas fear the Mar). Rhodes pipeline easement right-of-way mowing in accordance with Bid
Invitation No. BI-011 1 -(Y based on Io« bid for an estimated annual expenditure of $32,077.36.
Die term of the agreement shall for twelve months with an option to extend for up to two
additional twelve -month periods, subject to the approval of the supplier and the City Manager or
his designee. Funds have been budgeted by the Water Department in FY 06 -07.
BACK( =ROUND
Pi irpose
Bid ]nvttation Issued
Bids Received:
Basis of Award:
Funding
1'he ontractor will be required to maintain the Woodsboro Pump
Station. Bloomington Pump Station and the Mary Rhodes Pipeline
Easement ROW from Lake Texana to Corpus Christi Pipeline
Fasertent totaling 2 acres. The work consists of mowing the
prop,i-ty tv, ice a year during the months of May and September.
Water Department
5300004010 -3020
Michael Barrera-
Assistant Director of Financial Services
$32,077.36
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION BI- 0111 -07
MAR'S RHODES PIPELINE
EASEMENT ROW MOWING
BAYER • MARIA GARZA
02/27/07
DESCRIPTION Q `( UNIT
SIERRA SERVICES
SINTON. TX
SAN PAT CONTRACTORS
SINTON, TX
UNIT EXTENDED
PRICE PRICE
UNIT EXTENDED
PRICE PRICE
Mar" Rhodes Pipeline Easement
mowing Lake Texana to Corpus
?hnsti One cycle
7-WO CYCLES
32- 32 ACRE
(1) The work consists of mowing the property twice a
/ear during the months of May and September
S49 00 $16,038.68
(1)
$32,077.3¢
$95.00 $31,095.40
3
Requested Council Action: 2/27/07
Alternate Council Date: 3/13/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of traffic control equipment from the following
vendors for the following amounts based on the Cooperative Purchasing Agreement with the State of
Texas. for a total amount of $118,060 Funds have been budgeted by the Street Department in FY06 -07.
Texas Highway Products, 1. I D
Round Rock, Texas
Video Detection Equipment
$80,960
Paradigm Traffic Systems, Inc.
Fort Worth, Texas
UPS Systems
$37,100
Grand Total : $118,060
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
The traffic signal equipment will be used by the Street Department to
monitor and control traffic signals at signalized intersections. Some of the
equipment will be used to upgrade and enhance Airport Road, Baldwin,
Gollihar Horne, and Port traffic signal systems. The remainder of the
equipment will be used as needed throughout the City for backup,
replacement or upgrades for existing equipment that is at the end of its life
:ycle.
Basis of Award: /he purchase is made available under the Texas Building and Procurement
t_'ommission Cooperative Purchasing Program.
Funding
Street Department
X20130 -> 020 -12310
Michael Earrera
Assistant Director of Financial Services
$118,060
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Requested Council Action: 02/27/07
Alternate Council Date: 03/13/07
COUNCIL MEMORANDUM
RECOMMENDATION Motior= approving supply agreements with the following companies
for the following amounts for library books and recordings, based on best value, for multiple
progressive awards in accordance V,101 Bid Invitation No. B1- 0080 -07 for a total estimated
a inual iL:xpenditur 4 $3,-t5.7-)7`.0'f : term of the agreements shall be for twelve months with
options to extend for up r > fora a- .iditi,inal twelve months periods- subject to the approval of the
suppliers and the t its. :\ tanager ;r i„i designee. Funds have been budgeted by the Corpus
C hristi Public I ibraries and the Lr a1 kranch of .he South Texas Library System in FY 06/07.
tinker & l ar lor- ir...
t_'harlotte. NC
Primary Supplier ( groups 1 -
"290,888.00
B \CK(gROUND
I'. rrpose
er` tolls t ontract
Bid invitation issued
Brodart Co.
Williamsport, PA
Secondary Supplier Group 1
$54.847.00
Grand Total: 5345,735.00
* * * * *x = :.y::::,,:,ry: * * * * *::
,**** * **.** * * * * *** * ** * * * * * * * * * * * ** **
l he gook : and recordings are ordered by the Corpus Christi Public
libraries and the local branch of the South Texas Library System.
1 he option to extend the previous contract has been exercised,
requiring the City to issue 11C \\• bid invitations.
t i gii
Bids Reeved: ! i
Basis of Award: Best 4:'alue Multiple progressive awards
Bids were evaluated according to the criteria listed in the bid
invitation. which included references. price, online catalogs and
contract administration. Baker and Taylor Inc. received the
highest score for all three groups and Brodart Co. received the
second highest score for Group I.
('ontracts hill be established on a multiple progressive basis to
pro i=de tor a primary and secondary supplier for Group I. The
kidder who received the highest score per group is designated as
primary supplier. It the primary supplier does not have a particular
hook in stock. the City will contact the secondary supplier. This
process is _ iihzed tc insure the City has a readily available source
o iib ary books.
Requested Council Action: 02/27/07
Alternate Council Date: 03/13/07
The 2stimuted value of each of the awards is based on an 80/20
split )f the total award for Group I. Group II, audio - visual material
and + group 111, standing orders. is awarded to Baker & Taylor as
the sole supplier.
Pricing will be established as a percentage of discounts from the
publishers- list price. Bidders were requested to submit a
percentage discount based on the estimated annual expenditure for
each Lroup listed.
l a:n�iing Corpus Christi Public Library (CCPL)
20060- 1(1.1A -1280( i
South I exas Libras, S) stem
20060 -1008 -00000 -80 7207
Michael Barrera,
Assistant Director of Financial Services
$205.500.00
$140235.00
total: $345,735.00
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/27/07
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute
an interlocal cooperation agreement with the Corpus Christi Independent School
District in the amount of $78.500 for the DARE Curricula.
ISSUE: The Police Department provides a drug and violence prevention and safety
education curriculum to CCISD students. This agreement provides for this service and
must be renewed each year
BACKGROUND INFORMAITON: The City of Corpus Christi Police Department has
been reimbursed for the DARE program by CCISD since 1990. This interlocal
agreement seeks to continue the relationship between the City of Corpus Christi Police
Department and CCISD for the DARE Program at an annual reimbursable rate of
$78,500 payable in three payments beginning with the 2006/2007 school year.
The agreement calls for Police officers to teach the DARE curriculum to all 6th grade
students and to provide community- policing presentations to middle and elementary
school campuses.
REQUIRED COUNCIL ACTION: Approval of the resolution.
FUNDING: CCISD reimburses the City of Corpus Christi in the amount of $78,500 each
year for the program
CONCLUSON AND RECOMMENDATION: Staff recommends approval of the resolution.
Bryan -. Smith
Chief of Police
Attachments:
Interlocal agreement with CCISD
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
Corpus Christi, Texas
INTERLOCAL AGREEMENT BETWEEN
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF CORPUS CHRISTI
THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement ", is by
and between the Corpus Christi Independent School District (hereinafter referred to by
name or as "C.C.I.S.D. "), and City of Corpus Christi, a Texas Municipal Corporation
(hereinafter referred to by name or as "City "), pursuant to Chapter 791 of the Texas
Government Code, to achieve efficiency in meeting intergovernmental responsibilities.
WHEREAS. the City Police Department provides the Drug Abuse Resistance Education
hereinafter referred to as "DARE " l; and
WHEREAS, the Corpus Christi Independent School District desires to engage the City
Police Department to render services to C.C.I.S.D. students composed within the DARE;
and
WHEREAS. the City DARE program desires to perform said services;
NOW. THEREFORE, the parties enter into the following Agreement:
ARTICLE 1. - CONTRACT TERM
The Agreement for services is effective immediately upon execution of this document by
both parties and shall continue through June 29, 2007.
ARTICLE 2. - PURPOSE
The purpose of this Agreement is to provide drug and violence prevention and safety
education to all C.C.I.S.D. elementary and middle school students.
ARTICLE 3. - SCOPE OF SERVICES
The City will provide to C.0 I.S.D. during the term hereof the following projects and
services:
Two (2) trained and certified Project DARE officers will provide instruction as
directed by the DARE curriculum to all 6th grade students at C.C.I.S.D. middle school
campuses. The lessons will be taught in 10- weekly sessions.
. Corpus Christi Police Department Officers will be available to make presentations to
parents and school staff on a number of subjects, including a parent's guide to
recognizing the signs and symptoms of early gang involvement, drug abuse and the
onsequences of underage drinking.
There will be an open line of communication with the City of Corpus Christi and the
administrator for Title IV: Safe and Drug -Free Schools and Communities (SDFSC),
( 3t 1) 886 -91 1 1.
Although not specifically funded under said contract, the City will continue to offer
programs that support a continuum of service to C.C.I.S.D. students. These programs
are the Officer Friendly program that introduces positive law enforcement interaction
to Kindergarten. 1St and 2' graders and the Campus Crime Stoppers program that
encourages students to take an active part in making their middle and high schools
safe places to learn.
DISTRICT RESPONSIBILITIES
C.(.1.S.D will be responsible for providing DARE curriculum books to students in the
middle school DARE programs and covering any cost thereof from 2006 -2007 Title IV:
Safe and Drug -Free Schools and Communities funds.
ARTICLE 4. - EVALUATION COMPONENT
The City agrees to provide three summaries of program implementation and the
program's effectiveness to the Title IV: Safe and Drug -Free Schools and Communities'
administrator by November 30, 2006, February 28, 2007, and May 31, 2007. The
summary shall include the following:
• Documentation of program effectiveness, such as, Pre- and post- evaluation,
student /teacher surveys, etc.
• Total number of presentations made during the previous quarter.
• Total number of presentations made throughout the year -to -date of summary.
• Total number of students served during the previous quarter.
• Total number and grade level of classrooms visited during the previous quarter.
• Teacher's name for classrooms visited during the previous quarter.
• Officer's name for classrooms visited during the previous quarter.
A quarterly report will include information as prescribed by the Safe and Drug - Free
Schools and Communities Act "Principles of Effectiveness" as set forth below:
Principle 1: Assessment - k grant recipient shall base its SDFSC program on an
assessment of objective data concerning the drug and violence problems in the schools
and communities served.
Principle 2: Performance Measures - A grant recipient shall, with the assistance of
local or regional consultation with required representation, which includes community
representatives. establish a set of performance measures aimed at ensuring that schools
and communities served have a safe. orderly and drug -free learning environment.
Principle 3: Scientifically Based Research - A grant recipient shall design and
Implement its SDFSC activities for youth based on scientifically based research that
provides evidence that the strategies used prevent or reduce drug use and violence.
Principle 4: Analysis of Factors - A grant recipient shall base its SDFSC program on an
analysis of the prevalence of risk and protective factors, buffers, assets, or other variables
in schools and communities in the state identified through scientifically based research.
Principle 5: Consultation - grant recipient shall include meaningful and ongoing
consultation with, and input trona. parents in the development of the application and
administration of the SDFSC program.
Principle 6: Evaluation - a grant recipient shall evaluate its drug prevention and
violence prevention program periodically to assess progress toward achieving its
established performance measures. The evaluation results shall be used to refine,
Improve, and strengthen its program, and shall be made available to the public upon
request, with public notice of such availability provided.
Page 2 nP P
ARTICLE 5. - COMPENSATION AND METHOD OF PAYMENT
For and in consideration of the services to be performed by the City pursuant to this
Agreement, C.C.I.S.D. shall pay to the City a fee of no more than $78,500 for services
rendered to all elementary and middle schools from Title IV: Safe and Drug -Free Schools
and Communities. This cost is based on an average hourly rate of $22.81for 3,440 hours
of service to all middle schools campuses. Such amount shall be paid in two (2) equal
installments of $26,167 and one (1) payment of $26,166, upon receipt of invoice and
evaluative reports. The first invoice is due on November 30, 2006, and the second invoice
is due on February 28, 2007. and third invoice is due no later than May 31, 2007.
C.0 I S.D. shall pay the City of Corpus Christi all fees due no later than thirty (30) days
after the dated receipt of invoice.
ARTICLE 6. - USES OF C.C.I.S.D. INFORMATION AND RECORDS BY THE
CIT1
Authorized representatives of the City may from time to time have access to, and use of,
information obtained from C.0 I.S.D. regarding students enrolled in the DARE program.
City officers shall not release or disclose to the public or any third party student
information or records without the prior written consent of the parent(s) of the minor in
question, except as required by state or federal law. Each party shall take all steps
necessary to ensure that the student information and records are viewed only by
authorized representatives of the City for the permissible uses stated herein. Said
information is considered confidential, and shall not be used by the City or any of its
employees or agents for private purposes. The City acknowledges and understands that
the unauthorized release of student information or records may subject the individual or
entity to criminal and civil penalties. Accordingly, the City will educate and inform its
staff regarding C.C.I.S.D.'s `Acceptable Use Guidelines for Technology ", permissible
uses of the student information and records obtained from C.C.I.S.D. databases, and the
Family Educational Rights and Privacy Act (see 20 U.S.C., Section 1232g and 34 C.F.R.,
Section 90, et seq.). The City further agrees that the information or records disclosed or
obtained pursuant to this Agreement will be destroyed by the City after the need for such
information ceases to exist.
ARTICLE 7. - TERMINATION
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreement and consent in writing by both parties;
B. By either party upon thirty (30) days written notice to the other party;
C. By either party upon the failure of the other party to fulfill its obligations as set forth
in this Agreement
ARTICLE 8. - AMENDMENTS
Any and all changes to this Agreement may be enacted by written amendment or
addendum properly executed by the appropriate representative of each party.
Page t of 6
ARTICLE 9. - ASSIGNMENT
Neither party shall assign, sublet or transfer its interests in this Agreement without the
prior written consent of the other party.
ARTICLE 10. - LIABILITY AND INDEMNITY
The parties hereto agree, to the extent permitted by law, to forever release from liability,
indemnify, and hold harmless each other for the acts and/or omissions of their respective
employees. Specifically, the City agrees, to the extent permitted by law, to fully release,
indemnify, and hold harmless C C I.S.D. for the acts and/or omissions of any City
employee who may violate the terms of this Agreement, or any other state or federal law
applicable to this Agreement. Further, C.C.I.S.D. agrees, to the extent permitted by law,
to fully release. indemnify, and hold harmless the City for the acts and/or omissions of
any t',C.LS.D. employee who may violate the terms of this Agreement, or any other state
or federal law applicable to this Agreement.
ARTICLE 11. - NOTICES
All notices from either part y to the other required under this Agreement shall be
personally delivered or mailed to such party at the following address:
For the City
For i..t',I.S D.
Bryan P. Smith, Chief of Police
City of Corpus Christi Police Department
121 John Sartain St.
Corpus Christi, Texas 78401
D. Scott Elliff, Acting Superintendent of Schools
^401 Leopard Street
Corpus Christi. Texas 78401
ARTICLE 12. - APPROPRIATION OF FUNDS
The City and C.C,LS.D. agree that the performance of each is subject to the ability of the
parties to provide or pay for the services required under this Agreement. The City and
C .C.I.S,D. acknowledge that this Agreement between them is entered into in accordance
with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In
accordance with said Act, the parties hereto acknowledge that any payments made
pursuant to the terms o' this Agreement shall be made from current revenues available to
the paying party, and any future payments are subject to appropriations.
ARTICLE 13. - EQUAL OPPORTUNITY
The parties shall provide all services associated with the subject matter of this Agreement
in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments
of 1972 (34 C.F.R., Section /Oh et :eq.), and all other applicable federal and state non-
discrimination statutes or laws.
ARTICLE 14. - LAW GOVERNING AND VENUE
The parties agree that the law governing this Agreement shall be that of the State of
Texas and that any disputes arising under this Agreement shall have venue in a State
District Court of Nueces Countv. Texas.
Page 4of6
ARTICLE 15. - MEDIATION
The parties agree than any dispute that may arise under this Agreement shall be first
submitted to mediation in an attempt to resolve any such dispute before litigation is filed.
The parties may seek injunctive relief from a Nueces County District Court prior to
mediation if there is an imminent risk of loss or damages.
ARTICLE 16. - FORCE MAJEURE
Each party hereto shall be excused from performance hereunder for any period and to the
extent that it is prevented from performing any act, in whole or in part, as a result of
delays caused by the other party, or an act of God, war, civil disturbance, court order,
labor disputes, third party non - performance, or other cause beyond its reasonable control,
Including, but not limited to, failures or fluctuations in electrical power, heat, light, air
conditioning. or telecommunications equipment. Such non - performance shall not be a
default or a ground for termination under this Agreement.
WHEREAS, the Cit.) and the Corpus Christi Independent School District agree to the
Terms as set forth above, this Agreement shall be effective upon full execution of the
Agreement by the proper authorities of each entity, after approval by the governing
bodies of such entities
Executed at Corpus Christi, Texas and dated on this _day of , 2006.
PROVIDER: The City of Corpus Christi
321 John Sartain St.
Corpus Christi, Texas 78401
Armando Chapa. City Secretary George K. (Skip) Noe, City Manager
Legal form approved on
2003 ; Mary K. Fischer, City Attorney
DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
P.O. Box 110
Corpus Christi, Texas 78403 -0110
REVIEWED AND APPROVED BY THE OFFICE OF THE SUPERINTENDENT:
By:
D. Scott Elliff, Acting S
Date:
rintendent of Schools
Page of 6
/0 7- (#4
REVIEWED AND APPROVED B THE BOARD OF TRUSTEES:
By:
Dr. Manuel Flores, Pre
Date:
Board of Trustees
APPROVED AS TO LEGAI. FORM:
By:
.S' S
S. ST ie Hilmy ttorney r CCISD
Paget of 4
Date:
/08 7/06
f/s-
v6
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT IN THE
AMOUNT OF $78,500 FOR THE DARE CURRICULA.
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
Cooperation Agreement, in compliance with Chapter 791 of the Govemment Code, with
the Corpus Christi Independent School District in the amount of $78,500 for the DARE
Curricula.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: j , 2007.
Joseph mey
Assistant City Attorney
For City Attorney
Resol- #►Wg -CCISD -DARE, doc
Corpus Christi, Texas
of , 2007
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
Resol- IntAg -CCISD -DARE . doc
2
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/27/07
AGENDA ITEM:
Resolution authorizing the submission of a grant application in the amount of $143,605
to the Texas Department of Transportation for a Comprehensive Selective Traffic
Enforcement Project (STEP) in the Police Department for overtime DWI and Speed
enforcement with a City match of $28A30 for a total project cost of $172,035 and
authorizing the City Manager or the City Manager's designee to apply for, accept,
reject, alter or terminate the grant.
ISSUE: The State of Texas, Department of Transportation is providing funding to
continue the overtime Driving While Intoxicated and Speed enforcement grants in the
Police Department.
BACKGROUND INFORMATION: The grant provides overtime funding for DWI and
Speed enforcement across the City with vaned days of the week and hours of
operation.
REQUIRED COUNCIL ACTION: Approving the submission of the grant.
FUMING: Officers will be working on an overtime basis with the City providing $28,430
for fringe benefits (State will not cover retirement costs on overtime).
CONCLUSION AND RECOMMENDATION: Staff recommends approving the grant for
submission.
B. P. Smith
Chief of Police
Attacihmerts:
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $143,605 TO THE TEXAS DEPARTMENT OF
TR ANSPORTATION FOR A COMPREHENSIVE SELECTIVE TRAFFIC
ENFORCEMENT PROJECT (STEP) IN THE POLICE DEPARTMENT
FOR OVERTIME DWI AND SPEED ENFORCEMENT WITH A CITY
MATCH OF $28,430 FOR A TOTAL PROJECT COST OF $172,035 AND
AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S
DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR
TERMINATE THE GRANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $143,605 to the Texas Department of Transportation for a
comprehensive selective traffic enforcement project (STEP) in the Police Department
for overtime DWI and speed enforcement with a City match of $28,430 for a total project
cost of $172,035 and authorizing the City Manager or the City Manager's designee to
apply for, accept, reject, alter or terminate the grant.
SECTION 2. 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 State of Texas, Office of the
Governor, Criminal Justice Division.
ATTEST:
Armando Chapa
City Secretary
APPROVED: 4;e.1, / y , 2007.
By
Joseph arney
Ass *tent City Attorney
For City Attorney
Reso- Want - STEP.doc
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
of , 2007
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
Reso - grant- sTEP.doc
2
7
CITY COUNCIL
AGENDA MEMORANDUM
February 27, 2007
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to enter into an Interlocal Agreement
with Nueces County to provide for joint use of Police Records Management and Mobile Data
Systems from Intergraph in the amount of $118,217 for client software, data conversion and
storage, and training. Ongoing maintenance costs will be $17,760 annually starting in year
two The funds for Nueces County's software licenses are in the previously approved
Intergraph albcation from Motion 2006 -M095.
ISSUE: Nueces County currently pays 22% of MetroCom costs for Computer Aided
Dispatch The Records Management and Mobile Data Systems functions are in addition
to the County's MetroCom participation.
REQUIRED COUNCIL ACTION: City Council must approve all interlocal agreements.
PREVIOUS COUNCIL ACTION: City Council approved awarding of the Public Safety
System to Intergraph, Corp. March 28, 2006.
FUNDIIG: The funds for the software were previously allocated in the Intergraph
contract. Nueces County will pre -pay for their licenses and the funds will be put back into
the Intergraph contingency fund
RECOMMENDATION: Staff recommends approval of the resolution to sign the Interlocal
Agreement with Nueces County
Ogilvie Gericke, Director
Information Systems
BACKGROUND INFORMATION
The City Council previously approved a contract between the Corpus Christi Police
Department and Intergraph Corp. to provide Computer Aided Dispatch, Records
Management, and Mobile systems to replace the Tiburon Phoenix system that the
vendor has withdrawn and no longer supporting as of Dec. 31, 2006. Included with the
Intergraph system was the ability to include other agencies such as the Nueces County
Sheriff's Office. In order to complete this process, Nueces County must acquire
administrative and mobile client licenses in order to access the Records Management
and Mobile Data Computer Systems, The City contract with Intergraph included a
contingency fund that is being used to acquire the licenses for the county, with the
expectation that the county will pay the City for the licenses in advance as well as pay
their own annual software maintenance fees.
RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE
TO ENTER INTO AN INTERLOCAL AGREEMENT WITH NUECES
COUNTY TO PROVIDE FOR JOINT USE OF POLICE RECORDS
MANAGEMENT AND MOBILE DATA SYSTEMS FROM INTERGRAPH
IN THE AMOUNT OF $118,217 FOR CLIENT SOFTWARE, DATA
CONVERSION AND STORAGE, AND TRAINING, WITH ONGOING
MAINTENANCE COSTS OF $17,760 ANNUALLY STARTING IN YEAR
TWO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an
interlocal agreement with Nueces County to provide for joint use of Police
Records Management and Mobile Data Systems from Intergraph in the amount
o' $118,217 for client software, data conversion and storage, and training, with
ongoing maintenance costs of $17760 annually starting in year 2. A copy of the
Agreement is attached hereto as Exhibit A and incorporated herein.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: February 20, 20CT'
Lisa Aguilar
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
Corpus Christi, Texas
of , 2007
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
aL (e2cfv
City of Corpus Christi
Nueces County
INTERLOCAL AGREEMENT
TO PROVIDE FOR JOINT USE OF RECORDS MANAGEMENT AND MOBILE DATA
COMPUTER SYSTEMS
This Interlocal Agreement to provide for joint use of Records Management System and Mobile
Data Computer System (this Agreement) is entered into pursuant to the Interlocal Cooperation
Act, Chapter 791, Texas Government Code by and between, the City of Corpus Christi, an
incorporated, home -rule municipality of the State of Texas, having its principal administrative
offices at 1201 Leopard Street, Corpus Christi, Texas 78401, acting through the City of Corpus
Christi Council; and Nueces County, having its principal administrative offices at 901 Leopard
Street, Corpus Christi, Texas 784(1 acting through the Nueces County Commissioners' Court
(`ommission.
Whereas, the City of Corpus Christi Police Department and the Nueces County Sheriff's Office
desire to continue joint use of Records Management System (RMS) and begin joint use of a
Mobile Data Computer System to assist their mutual goals of improving efficient criminal justice
administration; and
NOW, THEREFORE, the parties above agree as follows:
I Purpose of Agreement. The purpose of this Agreement is to provide for joint use of a Records
Management System ( "RMS ") and the Mobile Data Computer System ( "MDCS ") by the City
and County to assist the parties' mutual goal of improving efficient criminal justice
administration. The parties are authorized to conduct and perform the following:
A The City of Corpus Chnsti will:
1 Maintain computer equipment, hardware, software, interfaces, and licenses
necessary to operate the Corpus Christi Police Department Records
Management System and Mobile Data Computer System, making it available
to authorized parties such as Nueces County employees.
2 Provide authorized Nueces County employees with access to and training
regarding the CCPD Records Management System and the Mobile Data
Computer System
3. Be solely responsible for CCPD RMS and MDCS maintenance.
4 Abide by all applicable confidentiality and security rules established by the
Corpus Christi Police Department and any other applicable state or national
agency providing computerized criminal history or criminal justice
information to the parties.
Nueces County will.
1. Purchase, install and maintain all necessary computer equipment, telephone
lines and connectivity equipment as approved by the Corpus Christi Police
Exhibit A
Department to link and access Corpus Christi Police Department Records
Management System and the Mobile Data Computer System.
2 Purchase licenses, and all other products and services listed on the attached
Exhibit A within 30 days from the effective date of this Agreement.
3 Install and maintain all products and services listed on the attached Exhibit A.
4. Pay annual maintenance for the RMS and MDCS within 30 days of receipt of
invoice
Abide by all applicable confidentiality and security rules established by the
Corpus Christi Police Department and any other applicable state or national
agency providing computerized criminal history or criminal justice
information to the parties.
6. Immediately notify the Corpus Christi Police Department when an authorized
user ceases to be employed by the Nueces County.
Il Term of Agreement. This Agreement begins on the date of last signature. This
Agreement shall renew each year on the anniversary date of this Agreement subject to
annual appropriations of each of the parties listed above as part of their regular budget
process. Each party may terminate their participation in this Agreement without cause as
follows:
Upon providing 90 days prior to end of anniversary written notice to the other party at the
addresses indicated below_
Chief of Police
City of Corpus Christi
321 John Sartain St.
Corpus Christi, TX 78401
Nueces County
Attn:
901 Leopard Street
Corpus Christi, TX 78401
This Agreement shall be in full force and effected as of the date of execution below and
shall continue subject to the terms and conditions stated herein.
III. Compliance with All Laws. All parties to this Agreement will act, at al time, in
compliance with all pertinent city and country ordinances, orders, regulations and
policies, as well as all applicable state and federal laws.
Entire Agreement. This instrument contains the entire agreement between the parties
relating to the rights herein granted and obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force or effect,
excepting a subsequent modification in writing signed by the party to be charged.
Breach of Obligation. This Agreement is entire as to all of the performances to be
rendered under it. Breach of any obligation to be performed by either party shall
constitute a breach of the entire Agreement and shall give the other party the right to
terminate this Agreement upon thirty days notice and opportunity to cure.
Law Governing V enue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. The obligations and undertaking of each
or the parties to this Agreement shall be performable in Nueces Counties, Texas.
Severability. In case any one or more of the provisions contained in this Agreement shall
be held to be invalid, illegal or unenforceable in any respect, such invalidity or
unenforceability shall not affect any other provisions thereof and this Agreement shall be
construed as if such invalidity, illegal or unenforceable provision had never been
contained herein
III. Amendments. Any and all changes to this Agreement may be enacted by written
amendment or addendum properly executed by the appropriate representative of each
party. The Corpus Christi City Manager is authorized to execute, on behalf of the City of
Corpus Christi, amendments which do not change the substance of this Agreement.
1 X Appropriation of Funds. Performance of each party is subject to the ability of the parties
to provide or pay for the services required under this Agreement. The parties
acknowledge any payments made pursuant to the terms of this Agreement shall be made
from current revenues available to the paying party, and any future payments are subject
to appropriations.
NOW THEREFORE, this Interlocal Agreement to Provide for Joint Use of Records
Management System and the Mobile Data Computer System is entered into by and between the
('itv of Corpus Christi and the Nueces County. This Agreement takes effect on date of last
signature
CITY OF CORPUS CHRISTI
By
itle
Date
Attest:
Approved as to form:
Ilsa Aguilar, Assistait City Attorney
f or City Attorney
N.)136- Approved as to form: I' a
By: Ad
Lau a arza Jimenez, County Att
Exhibit A
Allocation of Actual Intergraph Costs
RMS Client access licenses
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Intergraph_cost_allocation_NC final.xis
8
AGENDA ITEM:
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/27/07
llem A Motion amending Motion No. 2006 -215 authorizing the City Manager to purchase specialized
equipment in the amount of $543,368.55 using funds from the 2005 State Homeland Security Grant to
designate purchase of the equipment From the Houston - Galveston Area Council of Government, (HGAC).
Item B Ordinance appropriating $543,368.55 from the State Homeland Security Grant Program in Fire
(rants Fund 1062 for the purchase of specialized equipment; and declaring an emergency.
ISSUE:
On July 18, 2006 the City Council approved a motion to purchase special equipment in the amount of
$543,368.55 using funds from the 2005 State Homeland Security Grant. No funds were appropriated for the
purchase of the special equipment since the City planned to exercise its option to purchase equipment through
the State Equipment Purchasing Program
The State has now informed us that they have eliminated the State Equipment Purchasing Program. Purchase
of the equipment will be done from the Houston- Galveston Area Council of Government, (HGAC).
REQUIRED COUNCIL ACTION: Council Approval,
PREVIOUS COUNCIL ACTION: July 18, 2006 approved to purchase special equipment in the
amount of $543,368.55.
CONCLUSION AND RECOMMENDATION: Staff recommends amending motion #M2006 -215 and
approve Ordinance appropriating $543.368.55 from the State Homeland Security Grant Program in Fire Grant
Fund 1062 for the purchase of specialized equipment.
Richard Hooks
Fire Chief
Attachments:
. Ordinance
C Documents and Settings 11SVvly Duc- uments,.Agenda iternst543368second.doc
BACKGROUND INFORMATION
Ot< oveniber 8, 2005 the 'ity Council approved a resolution to execute a sub recipient agreement to
acSept a State Homeland Security Grant in the amount of $1,710,934. The purpose of the grant is to
purchase specialized equipment and planning, training, and exercise needs to enhance capabilities for
detecting, deterring, disrupting, and preventing acts of terrorism.
Documents and Settings`MIS\My Do,:umentsAgenda Itemsi543368second.doc
AN ORDINANCE
APPROPRIATING $543,368.55 FROM THE STATE HOMELAND
SECURITY GRANT PROGRAM IN FIRE GRANTS FUND 1062 FOR THE
PURCHASE OF SPECIALIZED EQUIPMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $543,368.55 from the State Homeland Security Grant Program is
appropriated in the No. 1062 Fire Grants Fund for the purchase of specialized
equipment to improve the City's ability to respond to homeland security issues.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 27th day of February, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: /'e.✓) %? . 2007
By:
Josep Hamey
Assistant City Attor
For City Attorney
Ord -Appr- Fire -HS -5. doc
2
Corpus Christi, Texas
day of , 2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E, Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 27, 2007
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to sign the First Amendment to
the Raw Water Supply Contract between the City of Corpus Christi and San Patricio
11.4unicipal Water District to increase the amount of raw water to be sold to San Patricio
Municipal Water District by 11.200 acre feet per calendar year.
ISSUE
San Patncio Municipal Water District (District) purchases raw and treated water from
the City of Corpus Christi (City) as a wholesaler and furnishes water to Cities in the
North Bay area. The District has been a City partner in the development of water
resources for the Coastal Bend and is active in the Coastal Bend Regional Water
Planning process as well,
The City is in constant contact with the District and work together on a variety of raw
water availability and quality issues. The District is cooperating with the City on a
number of separate projects including the cost of service rate study, groundwater
supply studies along the Mary Rhodes Pipeline, as well as distribution projects on
Padre and Mustang Island
Under the new amendment, the City agrees to increase the annual total diversion
amount of raw water and to provide the district with the same ratio of Nueces River
water to Texana water as the city took the previous year.
FUNDING: No funding is required for this amendment.
FUTURE COUNCIL ACTION: N/A
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion.
Ronald F. Massey
Assistant City Manager
BACKGROUND INFORMATION
San Patricio Municipal Water District (District) purchases raw and treated water from
the City of Corpus Christi (City) as a wholesaler and furnishes water to Cities in the
North Bay area. The District has been a City partner in the development of water
resources for the Coastal Bend and is active in the Coastal Bend Regional Water
Planning process as well.
The City is in constant contact with the District and work together on a variety of raw
water availability and quality issues The District is cooperating with the City on a
number of separate projects including the cost of service rate study, groundwater
supply studies along the Mary Rhodes Pipeline. as well as distribution projects on
Padre and Mustang Island.
FIRST AMENDMENT T() RAW WATER SUPPLY CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI
AND
SAN PATRICIO MUNICIPAL WATER DISTRICT
THE STATE OF TEXAS
COUNTY OF NUECES
§
§
[his First Amendment to Raw Water Supply Contract between the City of Corpus Christi
and San Patricia Municipal Water District ( "First Amendment ") is by and between the City of
Corpus Christi, Texas ( "City ") and San Patricio Municipal Water District ( "District ").
RECITALS
WHEREAS, the City and the District entered into the Raw Water Supply Contract
between the City of Corpus Christ: and San Patricio Municipal Water District, with effective date
March 17 1997 (the "Contract') and the parties to that contract now want to amend the contract
to allow the District to take additional water.
AGREEMENT
NOW THEREFORE. the City and the District, for good and valuable consideration,
receipt of which is hereby acknowledged, agree as follows:
Amendment of Paragraph 2a of the Contract
Paragraph 2a of the Contract is hereby amended to read as follows:
2. Use and Quality of Water. a. The City agrees to allow the District to divert,
and use consumptively, untreated raw water from the Nueces River and Lake
lexana Pipeline for municipal and industrial purposes in such quantity as may be
required by the District. but not exceeding a total of 41,200 acre feet in a calendar
year (January 1 to December 31). Under typical operating procedures, the
maximum rate of diversion, from the Nueces River will not exceed 21,572 gallons
per minute. and the maximum rate of diversion from the Lake Texana pipeline
will not exceed 13,897 gallons per minute. In January of each year the City will
determine the percentage of its raw water that it took from the Lake Texana
Pipeline in the preceding calendar year, and will provide that information to the
District. In each calendar year that the District receives that information the
District may take that percentage of its raw water from the Lake Texana Pipeline.
II.
•Amendment of Paragraph 2c of the Contract
1 he last sentence or' Paragraph 2c of the Contract is hereby amended to read as follows:
"However, the District ma\ not divert more water in a calendar year than permitted by the
foregoing paragraph 2a -'
III
\mendment of Paragraph 2d of the Contract
The first sentence of Paragraph 2d of the Contract is hereby amended to read as follows:
"Except as provided in Subsection 2.b., if the District's projected needs require it to
divert more water in a : alendar year than permitted by the foregoing paragraph 2a on a
continuing basis, the District's Representative will notify the City's Water Superintendent of any
planned increase in pump capacity or diversion rate at least 90 days prior to increasing the rate of
diversion.
IV.
Contract to Continue in Effect
ks hereby amended the Contract shall remain in effect pursuant to its terms.
V.
Effective Date
"rhe First Amendment shall be effective on and after the date on which it has been signed
by both parties.
ATTEST:
B\:
Rebecca Krumnov
Secretary
San Patricio Municipal District
By:
Billie Jo Tennill
President
ACKNOWLEDGMENT
S l ATE OF TEXAS
COITNTY OF SAN PATRICI()
This instrument was acknowledged before me the day of , 2007, by Billie Jo
Tennill. President of the San Patricio Municipal Water District. a political subdivision of the
State of Texas. on behalf of said district
Name:
Notary Public, State of Texas
My Commission Expires:
ATTEST' CITY OF CORPUS CHRISTI
Armando Chapa. City Secretary
APPROVED: 04.70 day of /.4ruit rq
Mary K Fischer. City Attorney
By:
2007
Smith, Assistant ('ity Attorney
STATE OF TEXAS
COUNTY OF NUECES
George Noe, City Manager
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
Noe, City Manager of the City of Corpus Christi, on behalf of the City.
3- sanpat tiriarendcc
2 ? 9!f ^
, 2007, by George
Name:
Notary Public, State of Texas
My Commission Expires:
10
AGENDA MEMORANDUM
February 27, 2007
SUBJECT: CCISD Property Exchange
AGENDA ITEM: Ordinance authorizing the approval of a Land Exchange Agreement
between the City of Corpus Christi and Corpus Christi Independent School District
for the exchange of 2.98 acres owned by the City from the Lindale Park Subdivision,
Section 3, located north of Ray High School, in exchange for two properties owned by
CCISD described as the Booker T. Washington School site (Bluff Addition, all of Block 55)
and a 1.76 acre tract located on Timon Boulevard on North Beach; approving closing costs
not to exceed $6,000, and authorizing the City Manager or his designee to execute an
Exchange Agreement and Warranty Deed in connection with the exchange of land; and
declaring an emergency.
ISSUE: On June 16, 2006, the Corpus Christi Independent School District (CCISD)
held a public auction for sale of six surplus properties. The City became interested in two
of the properties, namely the Booker T. Washington School site and a 1.76 acre tract on
Timon Boulevard next to the City's Kiwanis Park. The City notified CCISD of its interest of
these two properties and discussions were held on a proposed exchange. An Exchange
Agreement has been negotiated whereby the City will trade to CCISD a 2.98 -acre tract of
land next to Ray High School currently used as a softball field. In exchange, the City will
receive the two properties owned by CCISD.
REWIRED COUNCIL ACTION: Council approval is required for disposition or exchange
of City property.
FUNDING: Closing costs in an amount not to exceed $6,000 in connection with this
exchange will be obtained from Engineering, 550005 - 5310 - 11150.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Council Exhibit — City Property (Lindale Park tract)
Exhibit C. Council Exhibit - CCISC Property (Booker T. Washington School site)
Exhibit D. Council Exhibit - CCISD Property (Timon Boulevard site)
Exhibit E Exchange Contract Summary
H \HONE\EUSEBIOG \GEN\Agenda Items\CCISD Property Exchange\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: CCISD Property Exchange
PRIOR COUNCIL ACTION: None
FUTURE COUNCIL ACTION: Approval of any expenditure of funds for contracts and
improvements on the acquired properties which exceed $25,000.
BACKGROUND: On June 16, 2006, the Corpus Christi Independent School District
( CCISD) held a sealed bid auction for sale of six surplus properties. Prior to the bid
deadline, the City became interested in two of the properties, namely the Booker T.
Washington School site at 1114 Sam Rankin and the Beach Elementary School site at
4401 Timon Boulevard. The City notified CCISD of its interest on these two properties and
discussions were held on a proposed exchange.
An Exchange Agreement has been negotiated whereby the City will trade to CCISD a 2.98 -
acre tract of land out of a 10.725 acre tract located between Kostoryz and Swatner,
northeast of Ray High School. This tract, platted as Lindale Park Section 3, is the location
of a softball field facility which fronts on South Staples and the Lindale Senior Center which
fronts on Swatner Boulevard. The softball field, also known as Jaycee Field, is currently
under lease to CCISD. The City has delineated a 2.98 -acre tract containing the softball
field and improvements as shown on the attached Exhibit A. CCISD expressed an interest
in obtaining title to this property. Part of the parking lot used for Jaycee Field is also under
a Joint Use Parking Agreement with the adjoining All Saints' Episcopal Church. A new
Joint Use Parking Agreement with the Episcopal Church has been negotiated between
CCISD and the Church and will take effect upon CCISD taking title to the property. In
exchange for this 2.98 acre tract, the City will receive the two properties owned by CCISD.
The first property owned by CCISD is shown on Exhibit C and is described as all of Block
55, Bluff Addition which contains 2.07 acres of land and a building containing 11,500
square feet. This property is the site of the former Booker T. Washington School. The
site, zoned A -1, is bound by Sam Rankin, North Alameda, Lobo Street and Lake Street.
The vacated building has been used in the past by the City as the Central Kitchen and has
been utilized for storage purposes by the Corpus Christi Police Department and Parks &
Recreation Department There is a building on the property owned by the Nueces County
Community Action Agency (NCCAA) which is used as a Head Center. CCISD and NCCAA
have a current ground lease if effect which will expire December 2006. The City has
agreed to accept assignment of this lease.
The second property owned by CCISD is shown on Exhibit D and is described as a 1.76
acre vacant tract of land Block 64, Brooklyn Subdivision. It is zoned AT, Apartment Tourist
District, and is located between Timon Boulevard, Seagull Boulevard and Surfboard
Avenue. The property is north of and adjacent to the City's Kiwanis Park currently used as
a softball facility
EXHIBIT A
1 OF 2
The City and CCISD has negotiated an Exchange Agreement between the parties and
have agreed to terms listed on the Exchange Agreement Summary marked Exhibit E. Both
parties have agreed to use San Jacinto Title Services Company, 802 N. Carancahua,
Corpus Christi, Texas for closing of the real estate exchange.
F \HOME \EUSEBIOG \GEN\Agenda Items\CCFSD Property Exchange \Background Info.doc
EXHIBIT A
2 OF 2
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CITY PROJECT No. 3307
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NOT TO SCALE
EXHIBIT B
C. C.SID. LAND EXCHANGE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 3
DATE: 09 -20 -2006
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LOCATION MAP
NOT TO SCALE
12.07 AC. TO SE TRADED
TO THE CITY Cr CORPUS CHRISTI
PRO1CT No. 3307
H -37
VICINITY MAP
NOT TO SCALE
EXHIBIT C
C.C..S.D. LAND EXCHANGE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST!, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 3 of 3
DATE: 09 -20 -2006
-ile \ Mproject \councilexhibits\exh3307.dwg
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PARCEL LOCATION
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1.76 AC. TO BE TRADED
TO THE CITY OF CORPUS CHRISTI
CITY PROJECT 3307
Corpus Christi Beach
VICINITY MAP
NOT TO SCALE
EXHIBIT D
C. C.I. t.D. LAND EXCHANGE
PCITY COUNCIL
E��ET OFPNSCHRISTI. E D�NENGIEI SERVICES
PAGE: S
PAGE: 2 of 3
DATE: 09 -20 -2006
IMP =IMP
EXCHANGE CONTRACT SUMMARY
Project No. 3037 — CCISD Land Exchange
The City of Corpus Christi ( "City) has agreed to convey to the Corpus Christi
Independent School District ( "District ") that certain land more particularly described
as the Lindale Park property for and in consideration of the District conveying to the
City those certain lands more particularly described as the Timon Boulevard
property and the Booker T. Washington School site property and the District has
agreed to convey the Timon Boulevard property and Booker T. Washington School
property to the City in consideration of City's conveying the Lindale Park property to
the District.
Further more, the City and District agree as follows:
1 The Exchange Contract is subject to the approval of the Board of Trustees of the
Corpus Christi Independent School District by passage of a Resolution and by the
City Council of the City of Corpus Christi, Texas by passage of an Ordinance. The
Exchange Contract is not binding until properly approved by both governing bodies
and must be executed within 14 calendar days of obtaining approval from each
party.
This transaction shall be closed within 60 days after execution with the City
assuming all appropriate closing costs with San Jacinto Title Services Co., herein
called "Title Company ", located at 802 N. Carancahua, Corpus Christi, Texas
78401.
it is agreed that either the City or the District may perform or cause to be performed
an environmental audit and that the time required for such audit may cause a delay
in closing and the results thereof may cause a cancellation of the contract. The City
grants access to Tract A and the District grants access to Tracts B and C for due
diligence and inspection purposes. Each party warrants to the other party that they
have disclosed, before the closing hereof, all relevant information known to exist by
each party.
4 ra) The District must provide, at City's expense, a title insurance policy that
guarantees good and indefeasible title to Tracts B & C. The Title Company must
issue the title insurance policy. The title commitment for title insurance must be
delivered to the City within 30 days after receipt of the Contract by the Title
Company, with the title insurance policy to be timely issued after Closing.
i bx The City must provide, at the District's expense, a title insurance policy that
guarantees good and indefeasible title to Tract A. The Title Company must issue
the title insurance policy. The title commitment for title insurance must be delivered
to the District within 30 days after receipt of the Contract by the Title Company, with
EXHIBIT E
1 of 3
the title insurance policy to be timely issued after Closing.
After securing the title insurance commitment, both City and District must execute a
Warranty Deed to each other, drafted in accordance with the provisions of this
Contract which conveys indefeasible title.
6 The City and District each accepts title to their Property subject to all recorded
restrictive covenants, use restrictions, and all applicable City zoning regulatory
ordinances. The City accepts any and all restrictions which are required to be
contained in any conveyance or real property by any school district in the State of
Texas. The covenant restricts the City's use of the property to those that do not
discriminate against any person because of race, color, or national origin. In
addition the covenant prevents the use of the property to use in the operation of, or
conjunction with, any school or institution of learning, study or instruction which
creates, maintains, reinforces, renews, or encourages a dual school system. These
restrictions shall be binding on the City for fifty (50) years. Any violation would
create a reversion of the property back to the District.
7 This Contract survives Closing of the exchange of Property and the delivery of the
Warranty Deeds and other necessary documents at Closing, and all terms and
conditions remain in effect between the City and the District. At closing, District will
deliver to City, and City will accept, assignment of all leases and use agreement to
or on Tracts B & C. At closing, City will deliver to District, and District will accept,
assignment of all leases and use agreements to or on Tract A, with the exception of
any and all Joint Use Parking Agreements between the City and the All Saints
Episcopal Church for use of the parking lot described in the City's Tract A. As a
condition to closing, City agrees to revise the existing Joint Use Parking Agreement
with All Saints Episcopal Church to remove that portion of the City's parking lot
being conveyed to the District
The City and District are exchanging surface rights only. No mineral rights are
included in this exchange with each property subject to existing mineral exploration
and extraction rights assigned to other parties.
The City or District shall have 60 days to cure or remedy any breach of the terms of
the contract after the contract is fully executed. Sixty days shall begin from written
notice of alleged failure to party in default.
10. Notice must be in writing to each party at the addresses stated in the contract.
11 . Provisions and disclosure regarding representations, warranties, promises,
covenants, agreements or guaranties to the property. First paragraph
acknowledged by City. Second paragraph acknowledged by District.
12. Time is of the essence in closing this exchange.
EXHIBIT E
2 of 3
13 The City and District each represent and warrant to the other that there is no agent
or other party to whom a commission is due and owing in connection with this
contract.
14 This contract is not assignable by either party.
15 No modification to the contract shall be valid, unless the same is in writing and
signed by both parties.
16 This contract is executed in multiple counterparts, each of which shall be deemed to
be an original.
1 7 This contract shall be construed and interpreted in accordance with the laws of the
State of Texas.
18 This contract sets forth the entire agreement between Parties relative to the City's
property and the District's property and all prior oral or written negotiations or
agreements are merged herein.
EXHIBIT E
3 of 3
ORDINANCE
AUTHORIZING THE APPROVAL OF A LAND EXCHANGE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT FOR THE EXCHANGE OF 2.98
ACRES OWNED BY THE CITY FROM THE LINDALE PARK SUBDIVISION,
SECTION 3, LOCATED NORTH OF RAY HIGH SCHOOL, IN EXCHANGE
FOR TWO PROPERTIES OWNED BY CCISD DESCRIBED AS THE
BOOKER T. WASHINGTON SCHOOL SITE (BLUFF ADDITION, ALL OF
BLOCK 55) AND A 1.76 ACRE TRACT LOCATED ON TIMON BOULEVARD
ON NORTH BEACH; APPROVING CLOSING COSTS NOT TO EXCEED
$6,000; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EXCHANGE AGREEMENT AND WARRANTY DEED IN
CONNECTION WITH THE EXCHANGE OF LAND; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS::
SECTION 1. Approval of a land exchange agreement between the City of Corpus
Christi and the Corpus Christi Independent School District, of 2.98 acres owned by the
City from the Lindale Park Subdivision, Section 3, located north of Ray High School, in
exchange for two properties owned by CCISD described as the Booker T. Washington
School Site (Bluff Addition, all of Block 55) and a 1.76 acre tract located on Timon
Boulevard on North Beach, is authorized.
SECTION 2. Closing costs not exceeding $6,000 are approved.
SECTION 3. The City Manager or his designee is authorized to execute the Exchange
Agreement and Warranty Deed.
SECTION 4. 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 27th day of February, 2007.
ATTEST:
Armando Chapa
City Secretary
AT 7Q F,QI M:,22- Feb -07
Veronica Ocanas
Assistant City Attorney
for City Attorney
VO.ORD. ExchgAgrm tCCISD4Lindale.022707
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
�—. day of . 2007
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,
Council Members
Henry Garrett, Mayor
City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
VO ORO ExchgAgrmtCCISD4Lindale.022707
11
AGENDA MEMORANDUM
DATE: February 27, 2007
SUBJECT: Project Management Services for 2004 Bond Projects
AGIIDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for
project management services in the amount of $532,020.00 for a restated total fee of
$1.690,020.00 with Anderson Group Construction Management, Inc. for various Capital
Improvement Projects associated with the 2007 Capital Improvement Program.
ISSUE: Project management services are necessary to ensure project completion as
approved during the 2004 Bond election.
FUMING; Funds are available from the 2007 CIP Funds.
REGOMMENDATION: Staff recommends approval of the motion as presented.
i� �eriH„
ngel R. Escobar, P. E.,
Director of Engineering Services
Ackiltional Support Material:
Exh it "A" Background Information
Exhibit "B" Contract Summary
1- I. 1OME1 KEVINS \GEN\CI?12004BondEiectio'i AGCMAmd1 Memo.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Project Management Services for 2004 Bond Election Projects.
CONTRACT SUMMARY /FEE: The contract amendment provides for continued project
management support associated with the 2004 Bond Issue. The amendment provides for
up to three personnel which will be reduced as projects are put into contract as the year
progresses. A contract summary is attached. See Exhibit B.
FUTURE COUNCIL ACTION: Award of engineering design, materials testing and
construction contracts necessary to complete various CIP projects.
PROJECT BACKGROUND: Anderson Group Construction Management (AGCM) was
selected in 2003 and 2004 to provide general project management services.
Voters approved $95 million in capital projects during the 2004 Bond Election. The first of
the two bond issuances in the amount of $60,000,000 was approved by Council June 14,
2005.
Engineering Services examination of methods to ensure the Council's initiatives are
completed in an expeditious manner with the available resources. Externally contracting
management services will allow the City to realize efficient management during the project
implementation.
The 2004 Bond Election represents a significant commitment to the future well being of the
City. The additional project management services to be provided by Anderson Group are
necessary to help ensure the remaining projects for which the second bond issuance is
underway are properly completed in a timely manner.
PRIOR COUNCIL ACTION:
June 28, 2005 - Motion authorizing the City Manager, or his designee, to execute a
contract for project management services in the amount of $1,158,000 with Anderson
Group Construction Management, Inc. for various Capital Improvement Projects associated
with the 2004 Bond Election; subject to availability of funds (M2005 -209).
FUNDING: Funding is being prorated among the 2005 CIP Funds and Utility Commercial
Paper Projects
FINAL PRODUCT: This contract will result in additional project management resources
allowing better management of projects actually under construction. The most significant
of the projects include:
• The Drainage Master Plan:
H \ HOME \KEVINS \GEN\ CIP\ 2004BondElectior \AGCMAmd1BkgExhA.doc
EXHIBIT "A"
Page 1 of 2
• Bayfront Implementation Phase 1
• Southside Fire Station;
• Southside Library; and
• Remaining street projects such as Cimarron, Doddridge, Up River Road, Waldron, Cliff
Maus, Wooldridge, Greenwood, Laguna Shores and Park Road 22 Bridge.
F \ HOME1 KEVINS\ GENICIP12004BondElection \AGCMAmd1BkgExhA.doc
EXHIBIT "A"
Page 2 of 2
CONTRACT SUMMARY
The City of Corpus Christi, Texas, hereinafter called "City" and Anderson Group Construction
Management Company hereinafter called "Consultant ", hereby agree to the following amendment to
the Contract for Captial Project Management Services for the Capital Improvement Program as
authorized by Motion No. 2005 -209. passed June 28, 2005
Section IV Fee is amended to read
IV
FEE
Fee for Basic Services Authorized. The City will pay the Consultant a lump sum fee
not to exceed $532,020.00 for Amendment No. 1 in addition to the original contract
fee not to exceed $1,158,000.00 for providing services specified in Section II.A.
Services to be provided are also set forth in the attached Exhibit A -1.
Summary of Authorized Fees.
Task No.
Description
Total Fee
Original Contract
II A
Project Phase Services
$1,158,000
Amendment No. 1
iI.A
Project Phase Services
$532,020
Total Fee
$1,690,020
EXHIBIT A -1
Project Contract Administration
Provide three full -time personnel including one program manager (P.E.), one senior project manager
(non- P.E.), one project manager (P E.) and one part time project principal for approximately twenty -
four (24) calendar months. The personnel will provide assistance to the City Engineer through the
management of City capital projects. This will include the development of project scopes, project
budgets, schedules, and architectural /engineer proposals. The Consultant will conduct proposal
evaluations, contract negotiations, review of project plans and specifications per City standards,
assist with contract bidding, evaluation and award. The Consultant will coordinate with City
Departments, consultants. and contractors. Typical services will include:
Attend design review meetings and pre- construction conferences with the City staff, City Engineer,
City's design consultants and construction contractor's key personnel. Establish communication
procedures with City staff, City Engineer, City's design consultants and Contractor.
a Attend design review meetings and pre - construction conferences with the City staff, City
Engineer, City's design consultants and construction contractor's key personnel.
Establish communication procedures with City staff, City Engineer, City's design
consultants and Contractor
b Submit monthly reports of project progress. Reports will describe project progress in
general terms and include a summary of project costs, cash flow, construction schedule
and pending and approved contract modifications. Reports will be incorporated into the
Management Information System.
Maintain a document control system designed to track the processing of project
submittals and provide for filing and retrieval of project documentation. Produce
monthly reports indicating the status of all project communications. Send contractor's
submittals, including requests for information, modification requests, shop drawings,
Exhibit B
Page 1 of 2
schedules, and other submittals to the City's design consultants for review in
accordance with the requirements of the construction contract documents for the
projects. Monitor the progress of the contractor and City's design consultants in
sending and processing submittals to see that documentation is being processed in
accordance with schedules
c Review architect's, engineer's, and contractor's application for payment and
recommend payment in accordance with the procedures in the construction contract
documents.
e Establish and maintain a project documentation system consistent with the
requirements of contract documents. including reports and tracking corrective actions.
f Provide three full time personnel to serve assist with program, project and technical
management of Capital Improvement Projects.
g Assist the City in obtaining legal releases, permits, and other documents required as a
result of the projects.
h Consultant will review and familiarize itself with the detailed schedule of the project
implementation.
Contract Administration, Construction Phase Procedures, and Scope of Services -
Consultant will assist with coordination and communication among facility managers,
Consultant, City, design professional(s), and contractor(s) and other appropriate parties
in accordance with the City's objectives of time, quality, and costs.
Coordination of Other Independent Consultants - Consultant will assist the City
Engineer with coordination of technical inspection and testing, including field testing,
provided by design professional(s), or other third parties retained by City.
k Removal of Asbestos or any other Hazardous Material - The Consultant will only
provide assistance in coordinating removal work, if any, with other ongoing activities.
The Consultant will not be responsible for performing any asbestos or hazardous
material administration abatement, monitoring, management, removal, encapsulation,
mitigation, or disposal activities. The Consultant will not be responsible for any failure
of contractor(s), sub - contractors, design professionals, asbestos /hazardous material
firms, or other third parties to adhere to any regulatory requirements.
Change Order Control - Consultant will assist the City Engineer with change order(s).
m Claims When requested. Consultant will assist the City Engineer with review the
contents of any construction claim submitted..
Exhibit B
Page 2 of 2
12
AGENDA MEMORANDUM
City Council Action Date: February 27, 2007
SUBJECT: Sports Field Lighting Improvements (Bond Issue 2004)
(Project No. 3315) — CHANGE ORDER NO. 1
AGIDA ITEM: Motion authorizing the City Manager or his designee to execute Change
Order No. 1 with Musco Sports Lighting, LLC, of Round Rock, Texas, in the amount of
$73,940 for the Sports Field Lighting Improvements for the addition of Universal Little
League. (Bond Issue 2004)
ISSI;E: This 2004 Bond project will provide a variety of needed improvements to
approximately 14 sports fields throughout the City. The City Council approved a Texas Buy
Board Contract with Musco Sports Lighting, LLC, in December 2006 to provide for the
design services, lighting procurement and installation at the Youth Sports Complex, Price
Park, Bill Witt Park and Botsford Park. The proposed Change Order No. 1, which requires
Council approval, provides lighting for one additional field at the Youth Sports Complex for
the Universal Little League
FUMING: Funds for this project are available from the Parks and Recreation Capital
Improvement Budget.
RECOMIINDATION: Staff recommends approval of the motion as presented.
Sall avlik Date gel R. Escobar, P.E. Dale
Director of Parks and Recreation
Addnak Support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Map
Director of Engineering Services
HAHQMEtRechellelGEN\Parks 8 Recreationl33' 5 -Sports Flelc t.Igh■ng'Change Order Nu. l\Agenda Memo.doc
BACKGROUND INFORMATION
SUBJECT: Sports Field Lighting Improvements - BOND ISSUE 2004
(Project No. 3315)
CHAIGE MEIER NO. 1 DESCRIPTION: The proposed change order provides lighting for
one additional field at the Youth Sports Complex for the Universal Little League (Majors
field). The Universal Little League has three fields: T -Ball, Minors and Majors. The current
contract provides for upgrading lighting for the Minors field (as planned for one field under
Bond 2004). The existing T -Ball field has adequate lighting.
In the spring months last year, a few major storm events caused the existing Minors and
Majors field lighting systems to completely fail. It was also noted that the storms caused
the existing Majors field lighting poles to lean more severely, potentially jeopardizing the
structural integrity of the poles and creating a safety hazard in the next few years.
During design, the consultant/contractor team identified cost - effective measures to include
strategic pole placement and sharing to light this additional field. The City Parks &
Recreation and Engineering Services staffs successfully identified other cost - effective
measures within the Sports Field Improvement Project to support the additional lighting for
the Majors field
PRO,,CT INFORMATION: The initial contract under the Texas Buy Board approved by
the Council in December 2006 provides for the design services, lighting procurement and
installation of lighting at the following parks and leagues:
• Youth Sports Complex - Universal Little League
• Youth Sports Complex - Westside Pony League
• Price Park - Dick Runyan Field
• Bill Witt Park - Padre Little League
• Buccaneer Little League (Baldwin between Agnes and Beacon)
• Southside Kickball League (McArdle between Weber & Everhart)
• Botsford Park - Pop Warner Football League
Other sports field improvement projects are planned, including a new concession stand,
fencing, irrigation, parking lot improvements, and miscellaneous improvements. All work is
being coordinated with the leagues. The project to provide new fencing at the Kiwanis Field
is complete.
PRO,WCT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2004. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
ihOME \Racheile-GEMParks & RecreatIon133 5-Sports 'ieic '. ghting'Cnange Order Nr ',Agenda Background doc
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.
PRIQR COUNCIL ACTION:
1 Ipverrber 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 September 20, 2005 — Resolution approving the terms and conditions of an Interlocal
Agreement between the Region IV Education Service Center, which sponsors The
Cooperative Purchasing Network (TCPN), providing for a Cooperative Purchasing
Program for goods and services; designating the City Manager, or his designee, as
official representative of the City of Corpus Christi relating to the program. (Bond Issue
2004) (Resolution No. 026466)
4 September 12, 2005 — Motion authorizing the City Manager or his designee to execute
a Construction Contract with Centennial Construction, Inc. in the amount of $38,607 for
the Kiwanis Softball Field Improvement project.
5 September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount
of $146,994,500. (Ordinance No 026997)
6 D,cemrer 19, 2006 - Motion authorizing the City Manager or his designee to execute a
Texas Buy Board Contract with Musco Sports Lighting, LLC, of Round Rock, Texas, in
the amount of $898,353 for the Sports Field Lighting Improvements. (Bond Issue 2004)
(Motion No 2006 -429)
PRIG? ADMINISTRATIVE ACTION:
1 A gust 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
2 March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
3 April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
4 February 5, 2007 — Administrative approval of a Construction Materials Testing contract
with Rock Engineering of Corpus Christi, Texas, in the amount of $2,408 for the Sports
Field Lighting Improvements
FUTt2E COUNCIL ACTION: Approval of various construction contracts and purchase
orders to complete the Sports Field Improvements in the Bond 2004 program.
+ 1HOME\Racheile,GENlParks 8 Recreation133' 5 -Sports Field _.ghting \Crange Order Nc. 1 \Agenda Background doc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
February 27, 2007
PROJECT: Sports Field Lighting Improvements
Project No. 3315
APPROVED: City Council on 12/19/06 - Motion No. 2006 -429
CONTRACTOR: Musco Sports Lighting, LLC
575 Round Rock West Dr., Suite J -380
Round Rock, TX 78681
TOTAL CONTRACT AMOUNT $898,353.00
25% Limit Amount 224,588.25
Change Order No. 1 (2/27/07) 73,940.00
Total.... 73,940.00 = 8.23% < 25%
C•rgt one: 150 Calendar Pays
Addilional Contract Time:
Change Order No. 1
Total To Date:
10
10
H:; HOMEtIRachellelGEMParks & Recreation\3 -15 -Sports F■ei l _fighting \Change Order No '\Change Order Summary doc
MNrvlect cjuncilexn ;Si 5.dwg
CORPUS CHRISTI BAY
YOUTH SPORTS COMPLEX -
WESTSIDE PONY LEAGUE
PROJECT # 3315
=UM Fan
uEESALi LEAP
lA1q/" cry FAST
Fria aornAUO
c7
M7EMIAfONAL rlS1IOE
EAOALL LEAGUE
LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
(CHANGE ORDER NO. 1)
SPORTS FIELD LIGHTING
IMPROVEMENTS (Bond Issue 2004)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 02 -20 -2007
11.1k
UM' MN
MI/ IIMMi
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13
AGENDA MEMORANDUM
DATE: February 27, 2007
SUBJECT: LA FIESTA DE SAN PATRICIO
AGENDA ITEM: Motion authorizing a permit for the temporary closure of street(s) for La
Fiesta de San Patricio, waiving the free admission requirement for the Fiesta and
authorizing the City Manager, or his designee, to issue a permit for the Fiesta on an
annual basis upon meeting the conditions and requirements for permit in Sec. 49 -17.
ISSUE: The South Texas Celtic Music Association (STCMA) will require the temporary
closure of Peoples Street between North Chaparral and North Water Street beginning
on Saturday, March 17, 2007 at 8.00 am until March 18, 2007 at 2:00 am and this
requires Council approval. Section 49 -17(a) of the City Code of Ordinances, requires,
as a condition of the street closure, that all events shall be open to the public and
admission shall be free. South Texas Celtic Music Association has requested that the
City Council waive the free admission requirement. Sec. 49 -17 authorizes the city
council to waive the free admission requirement if the City council finds that conducting
Fiesta de San Patricio in the City will provide sufficient favorable publicity and economic
benefits to justify waiver.
REQUIRED COUNCIL ACTION: Temporary street closure permits for large public
events require City Council approval
PREVIOUS COUNCIL ACTION: None
FUMING: N/A
RECOMMENDATION: Approval of the motion as presented.
i
i D' ctor of Engineering Services
2/2 07
Addkion4 Support Material
1. Exhibit "A" Background Information
2. Exhibit "B" Site Map
3. Exhibit "C" Permit Application from the South Texas Celtic Music Association
BACKGROUND INFORMATION
Background: The South Texas Celtic Music Association is a non -profit organization that
sponsors intemationai religious tolerance and understanding. The festival is bi- cultural
and designed to promote the heritage of both Ireland and Mexico in South Texas. They
plan to have a Catholic Mass to open the event and provide both Irish and Mexican
food, drink and entertainment.
The South Texas Celtic Music Association ( STCMA) is requesting to close Peoples Street
between North Chaparral and North Water Street to accommodate the festival activities.
Plans are to set up two (2) entertainment stages, one amplified, and one acoustic for
non - amplified singing, dancing and story telling. Two or three food vendors will be
allowed. Cassidy's will request permitting for a satellite bar for wine and beer which will
be undertaken and managed by Cassidy's personnel.
The STCMA has worked with the sponsors of the "Project Children" Foundation, which
organized the South Texas Celtic Music Festival in the past. This widely acclaimed event
raised funds to help bridge the sectarian gap between Northern Ireland Protestant and
Cathofc youth. All funds that are raised from La Fiesta de San Patricio will be
earmarked for the resumption of the Celtic Music Festival as well as the generation of
local scholarships to deserving youth in the Corpus Christi community. The Fiesta de
San Patricio will be subject to an admission fee of $5 for adults; military, seniors and
students $4, and children 13 and under will be admitted free of charge.
All adjacent property owners have been notified and will not be negatively affected by
this ckure. All booths, tents, trash and equipment will be removed no later than 2:00
am March 18, 2007. Arrangements will be made with CCPD personnel to provide
required security and to ensure decibel restrictions are adhered to in the proximity of
the 'live" stage.
,Support of the Corpus Christi Diocese has been enlisted and is hoping to begin the
Fiesta with an outdoor Catholic Mass to keep in the spirit of the Saint Patrick's Day
heritage and its Irish Catholic legacy.
As this is the inaugural event, the South Texas Celtic Music Association hopes to initiate
City wide excitement and looks forward to many years of cooperative efforts with the
City of Corpus Christi. In addition the STCMA respectfully requests waiver of the free
admission requirement based on the favorable publicity and economic benefits this
unique event will provide.
Exhibit "A"
EVENT SITE
-s
53
'53
scHAIIELL
N
SCALE: N.T.S.
LAWRENCE S1
- -
• •
-- "::11171-1:"\
• -- - -
----
MIMI/ .011••
MM. MOM
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•■■•■■••••■■
SUBJECT LA FIESTA DE SAN PATRICIO
TEMPORARY ROAD CLOSURE
MARCH 17, 'hru MARCH 18, 2007
EXHIBIT "B''
- SITE PLAN -
Traffic Engineering Div.
Engineering Services Dept.
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
APPLICATION FOR PERMIT TO CLOSE
STREET FOR PUBLIC EVENTS
� . Name of Organization Sponsoring Event: ,\ c L T/i T x4-.$ e€ /C % s � � /9".5 Sc C_ e4-710 �1
2. Name of Proposed Event: J& s i 4 SA-4 A-' g
3. Date of Planned Event: 4/1 r / 7-7` c;)-o o
4. Key Contact Individual: .7u j -A r6'x Phone Noy 'i9 -/8313
5. Street(s) Requested for Closure, Dates and Times of Day - DESCRIB :
P£ o t £, 5 ,S i t i u.; r E A tly.h. P R 244 4-i 4 r-c,e
014}f. c' K / "- z° F (,) „1%`6.; ti , 'i - /11 Ale 4 ° i T/ L 6 :2_c
Purpose of Event and Detailed Description of Activities Planned:
au-FA 7 - CAL r t c: 4 , ( 1 4 . . . . 5 / C . 4 5 5 . - ; < � Ai /S /9 ic(o ti - PR.cC, 7- so r
.'� !•}70 •11-rr 51/- /A% JLAIA- r- i•.;..:4L /G- i4 ac-:
J ?? )it10 5. r 5774-AJ Di j■J L' • . c t� ?_ �i S TI ��A L / .S g / (-ccr. Tcc. -RAZ 4-41 o 17£.5 / G x- t ;)
PoLo :ia-c: it 174-£ ,f? i c itsit. i 7 i• / 114 fr.t%) i�'►► ' 4) /X CA i / A.
`S:24- -> 7.4 r;A L% P C *- 7z /Mt L 4 C74'17icn -u- 6444-55 7
1Mix
.- _ <' / 5 /� i C Pr ri AGE n i v!2 � rt+ All' . T.4- i Jk+ A`fit,
7 L st foods and bevera es to be served:
t p j fr L. / 5r1 7>e C.ilAie/3.4',, t F P r s At i 5 Al-Alb 7- - !%C t»( p
P bfb 6y it TA-tri.■; £L,, 1 LAOS n i.t '.S -1712 11-.1 -u SS:k'�'�,> f�%J
rrfA I kid' "T /5 15�ffk'S J n
8 Services Requested by the City: -� 4 -) L2-� 5 &i 05 �t ' P f �� ST, r'
9 Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations,
etc., that will be included in the event.
10 Enclose a check or money order for $200 to cover administrative costs of handling application,
payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88).
Attach an official letter of transmittal requesting approval of the event.
Exhibit "C”
Permit to Close Street
for Public Events 2
12 In consideration of obtaining a permit to close a City street for a public event, the applicant or
sponsoring organization agrees to comply with the following applicable conditions:
A Admittance to said event shall be free,
B
AD profits derived from the event shall be for charitable causes;
C Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the
City for ail costs incurred by the City in support of said event. Accurate financial records
shall be maintained and payment shall be made to the city within sixty (60) days after the
event ends.
D * Provide and maintain an insurance policy with the limits and requirements shown on the
attached Exhibit 'A"
E * Completion of Indemnification Agreement;
F Provision of a traffic control plan for event. to be coordinated with the Traffic Engineering
Division and Police Department. The City shall be reimbursed for its installation of all traffic
signage and barricading determined by the City to be necessary for safe control of the
event.
G * Written approval for the temporary street closure must be obtained from (i) one hundred
(100) percent of the managing tenants or, if the property is vacant, managing property
owners of the property abutting that portion of the street to be closed to vehicular traffic;
and (ii) for the Downtown Management District only (bounded by Lower Broadway
Interstate 37, Shoreline Boulevard (including the marina areas and Kinney Street), ninety
(90%) percent of the managing tenants, or, if the property is vacant, managing property
owners of the property abutting that portion of the street to be closed to vehicular traffic.
Provide adequate number of restroom facilities to accommodate the anticipated public;
Obtain the appropriate alcohol and food permits required by State and Local authorities,
at least two (2) weeks prior to the event:
J All security other than perimeter traffic control shall be provided by sponsor; security shall
consist of off -duty City Police officers, or other type security officially approved by the City.
K Ali construction of booths. stages, displays, electrical services and plumbing shall comply
with City Codes, The final layout of booths shall be approved by the Director of Parks and
Recreation
L Provide for potable water within the event site:
M Provide first -aid stations,
N Provide continuous cleaning of the site during the event and return it to pre -event condition
after event ends
0 Restore any damaged City property promptly after event ends;
P Coordinate all phases of event with appropriate City departments to insure a safe and
successful event;
Cl Vehicles shall be prohibited from parking on grass areas within the street right -of -way;
R No obliteration or defacing of the street surface or sidewalk; except by chalk markings;
• All City Noise Abatement Ordinances shall be complied with;
T Allow for the free passage of emergency vehicles into event area in case of emergency;
l Camival -type rides will not be permitted.
Building and Electrical permits for a temporary promotional event, associated construction
and Certificate of Occupancy are required.
Pe,mtt to Close Street
for PL,blic Events 3
Evidence that these conditions have been meet must be presented to the City Traffic
Engineer prior to the request being submitted to the City Council for final approval.
Signed:
Event C - . man /Organizer
567,.c4:77, %�i &zTic_
Sponsoring Organization
S 5
Date Submitted: /-/f-67
INDEMNITY AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL MEN BY THESE PRESENTS
IVNEREAS, Section III of said standards, entitled • requires a contractor for a permit to close or block any '
with the director of Engineering Y Part of a roadway to file a statement
n9 ng Services Traffic Engineering division indemnifying the City
against all cams or causes of action by reason of or arising from the closing or blocking
of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a
City of Corpus Christi, for the purpose permit to the undersigned by the
p rpose of barricading, blocking or closing a street, alley or
other public right -of -way in said City, said permit applicant agrees to indemnify and save
harmless and defend the City of Corpus Christi, its agents and employees from any and
all claims, lawsuits, demands, liabilities, losses or expenses,
reasonable attorney's fees, for or on account of any in to any court costs and
any time resulting from such injury, or any damages to any Y person, or any death at
alleged to have arisen directly or indirectly, as result of the ntgranting of arise r may be
this permit.
The Contractor, during the term of operations specified in this Public Right -of -Way
Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive
General Liability Insurance coverage with a Contractual Liability endorsement and with
minimum Limits of
MO per occurrence, and Mom) for
property damage, and Automobile Liability Insurance coverage with a minimum coverage
of $100,100 per person, Sltisfa per occurrence, and
required by the Risk Manager of the City of Corpus Chrisfan property damage or as
The City of Corpus pursuant to Ordinance #19277.
►ty orpus Christi wil be named as Addifinnaunsured on the policy. Evidence
of required insurance coverage will be by a Certificate of Insurance fumished to the director
of Engineering Services Traffic Engineering Division prior to the proposed blockage under
this permit.
Witness my (our) hand(s) this day of ____E01
2007 .
Company Name
7/1
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— 4QL41
rif
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ACQRD. CERTIFICATE OF LIABILITY INSURANCE
INSURANCE SERVICE AGENCY
6116 A YERS, STE. 5 -B
CORPUS CHRISTI, TEXAS 78415
.sums
A� T�� I 2/7411/07
ONLY MD ammo! NO wiry UPON 1NE
HOLDER THIS CEIflRICATN DOM NOT MEND. OTOS OR
ALTER THE COMMIE AFFORDED WC THE POLICED BLOW.
ENURESIS AFFORDING COVERAGE
SOUTH TEXAS CELTIC MUSIC ASSOCIATIONS
111 ALTA PLAZA
t CORP S CHRISTI, TEXAS 78411
=MIA EVANSTON INSURANCE COMPA1VY
PI'IwI c ▪
AIT PTANCR INI)F.INNITY INSIIRANCF.
MUMS
MUNN
THE • OF « LIM ED BBLOW HAVE BEEN ISSUED TO THE INSURED NAMES ABOVE FOR THE POUCY PERIOD INDICATED NDTWITHUTAMING
ANY OR CONORION OR ANY CONTRACT OR Oft IPA NT WTTN RBBFECT TO WHICH THIS CERTIFICATE AMV BE II$& OR
MAY +
won= LINE POUCIDIENISCRIMID M MUS M BUE.IECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
LMTI INCFNN MAY NAVE BEEN REDUCED SY PMD CLAIMS
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onommosiis milmOIMIXDISATRNIAMPOLIIMODRASIoNs now Dr llossimisTIFI CAL PNDIOON!
CITY OF COPR US CHRISTI IS AN ADDITIONAL INSURED ON
WITHA WAIVER OF SUBROGATION,
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GENERAL LL4BILITY
CITY OF CORPUS CHRISTI
A T T N: E VEL YN PAGE-RISK MANAGEMENT
P.O. BOX 9269
CORPUS CHRISTI, TEXAS 78469
ACORD 250 (7197)
CANCELLATION
IE1 1MO MTV TREA MEEo1CREM POLICES IR CANCadmU O INtSDwATION
OATS TRwI'OP. TNI mows swam RILL ONIMATOR TO A L , ja_ DATE swarm
NOME TO IIO CRATE MOIR RANO TO TIE 1.11?. SIR PALM TO DO b NOLI
w on NOOwJEATRiN OR MOUT, OF NITRO' UPON M INSURwl, ITS A'!NT! ON
RERE101TATAO'
0 ACORD CORPORATION 1911
SOU T -/ TEXAS ELT /C MUSIC ASSOCIATION
501-c-3 : EIN : 20-3116874
Mr. Ricardo Guzman
Traffic Manager
Engineering Services
City of Corpus Christi
1201 Leopard St,
Corpus Christi, TX 78401
January 18t, 2007
Dear Mr Guzman,
Please accept this as the Letter of Intent on behalf of the South Texas Celtic Music Association, ( STCMA), a
501 -c -3 designated non -profit charity, (see attached supporting document), to petition the City of Corpus
Christi for the applicable permits to stage an outdoor music festival on March 17 , 2007.
The STCMA, in conjunction with Les Cassidy, (proprietor of Cassidy's Irish pub), is very pleased to apply
for the permits to organize, promote and manage a unique, bi- ethnic St. Patrick's Day event, `La Fiesta de
Sari Patrick? ", which, based upon the best of our ability to ascertain, is not held anywhere else in the United
States. it is our desire to promote a community wide understanding of the rich and historic association
between the early South Texas Mexican Colonial aristocracy and the Irish Catholic settlers who were
enticed to settle the Copano Bay area on behalf of the Mexican Government.
For too long, this unique multi- cultural connection has been overlooked, and we feel that this event will be
the springboard for celebration of this worldwide Irish feast day by the entire Corpus Christi community.
We would also point to the obvious marketing implications that such a unique event will foster, and the
benefits that city wide support can engender We feel that the initial success of the event can grow into a
Saint Patrick's Day event that will have no equal anywhere else in the United States.
The STCMA has been previously working with the sponsors of the "Project Children" Foundation, (another
501 -c -3 group), which organized the "South Texas Celtic Music Festival" in the past. This widely acclaimed
event, that raised funds to help bridge the sectarian gap between Northern Ireland Protestant and Catholic
youth, has been in hiatus for some years, and all funds that are raised from the "Fiesta" will be earmarked
for the resumption of the Celtic Music Festival and for the generation of local scholarships to deserving
youth in the Corpus Christi community
We respectfully petition the City Management to allow the STCMA to hold our "Fiesta" on Saturday, the
1 7th of March. 2007, between the hours of 9:00 AM and 2:00 AM on Sunday, the 18th of March. Our request
includes the base of Cassidy's Irish Pub and the adjacent area of Peoples Street, between North Chaparral
and North Water Streets. The hours of the event will be from 10:30 AM on the 17th until 1:00 AM on the
18t_ the additional time being necessary for set up and tear down. Initially, our plans are to set up 2
entertainment stages, one amplified, and one acoustic for non - amplified singing, dancing and story telling.
We plan to offer either 2 or 3 food vendors and will also request permitting for Cassidy's to set up a satellite
bar for beer and wine within the event area. The sale of alcohol will be undertaken and managed by
t:assidy`s personnel, and proper ID will be required to purchase beer and wine tickets, and required to be
shown again at the vending area, which will be staffed by TABC certified bar backs. We also will be selling
event mugs to minimize paper trash .
our event will be subject to a surcharge of $5 for adults; military, senior and students at $4, and children
under 1; admitted free. All profits will be allocated as detailed above.
? ,11 - P;_aza CHRis7 7X 7841 7 (_36 1) 960 -5087
As there are no active businesses along Peoples St. between Water and Chaparral, we envision no problems
with any adjacent businesses. However we will make arrangements with CCPD personnel to ensure that
decibel restrictions are adhered to in the proximity of the "live" stage.
We have enlisted the support of the Corpus Christi Diocese, and are hoping to begin the "Fiesta" with an
outdoor Catholic Mass to keep in the spirit of the Saint Patrick's Day heritage and its Irish Catholic legacy.
Discussions with the Diocese representatives have been initiated, and they heartily endorse the project. We
hope to enlist additional community backing and support as the event becomes more crystallized.
Please feel free to contact either of the below listed Coordinators should you have any questions or
comments regarding `La Fiesta de San Patricia ". As this is the inaugural event, we hope to initiate City
wide excitement and look forward to many years of cooperative efforts with Corpus Christi City personnel
and continued success that will favorably reflect upon all concerned.
Respectfully submitted.
Hugh Tomlinson, Chairman, STCMA
1
Date
S-0
Dauglas'13eaton, Event Coordinator, STCMA Date
Received b
r. Ricardo G n affic Manager ate
CC: Ms. Beverly Poplin, President, STCMA
Mr. Les Cassidy, Cassidy's Irish Pub, Promoter
Ms. Chris Kailas, Special Events Supervisor, City of Corpus Christi
Attach. STCMA / IRS certification, 501 -c -3, EIN:20- 3116874
4/ a Piiiza. ow 1, -; CHRls77. 7X 78411 (36'1)- 960-5087
14
CITY COUNCIL
AGENDA MEMORANDUM
February 27, 2007
AGENDA ITEM: Ordinance abandoning and vacating a 172.50- square foot portion of a
7.5 -foot wide utility easement out of Lot 9, Block 4, Boardwalk Unit 1, adjacent to
Boardwalk Avenue and approximately 272 -feet southwest of the Timbergate Drive and
Boardwalk Avenue intersection; requiring the owner, Herbert R. Saenz, to comply with the
specified conditions: and declaring an emergency.
ISSUE: The closure of the utility easement is proposed to correct an encroachment
resulting from a residential structure constructed over a portion of the easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up -to -date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Debbie Marroquin, .E.,
Interim Director of velopment Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND-
Mr. I- lerbert R. Saenz (Owner), is requesting the abandonment and vacating of a 172.50 -
square foot portion of a 7.5 -foot wide utility easement out of Lot 9, Block 4, Boardwalk Unit
1 located approximately 272 -feet southwest of the Timbergate Drive and Boardwalk
Avenue intersection, in order to correct an encroachment into the easement by a
residential structure. The easement to be abandoned and vacated is located in an "R -1 B"
one - family dwelling district.
The house slab on -grade foundation has a maximum 2.5 -foot encroachment into the 7.5-
foot wide utility easement. The existing easement width will be reduced to 5 -feet in width.
A Hold Harmless Agreement will be required, to fully indemnify the City and any of the
private franchised utility companies against any and all liability which may arise from any
maintenance to any existing public utilities or the installation of any future public utilities
within the easement. Owner must comply with the specified conditions of the Ordinance
prior to the occupancy of the house.
Ail public and franchised utilities were contacted. None of the city departments and
franchised utility companies had any objections with the portion of utility easement to be
abandoned.
Staff recommends payment of the fair market value of $ 450.00 for the abandonment and
vacation of a 172.50- square foot portion of the 7.5 -foot wide utility easement. The owner
has been advised of and concurs with the conditions of the easement abandonment and
vacation.
EXHIBIT A
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 172.50- SQUARE FOOT PORTION
OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 9, BLOCK 4,
BOARDWALK UNIT 1, ADJACENT TO BOARDWALK AVENUE, AND
APPROXIMATELY 272 -FEET SOUTHWEST OF THE TIMBERGATE
DRIVE AND BOARDWALK AVENUE INTERSECTION; REQUIRING
THE OWNER, HERBERT R. SAENZ, TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Herbert R. Saenz, Owner, requested the abandonment and vacation of a
172.50- square foot portion of a 7.5 -foot wide utility easement out of Lot 9, Block 4,
Boardwalk Unit 1, in order to correct an encroachment into the easement by a
residential structure. The easement to be abandoned and vacated is located in an "R-
1 B" one - family dwelling district, and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below, (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 172.50- square foot portion of a 7.5 -foot wide utility easement is
abandoned and vacated, the plat thereof is recorded in Volume 64, Pages 220 -222 of
the Map Records of Nueces County, Texas, subject to Herbert R. Saenz' compliance
with the following specified conditions as part of the abandonment and vacation:
Owner must pay the fair market value of $450.00 for the abandonment
and vacation of the total 172.50- square foot portion of the 7.5 -foot wide
utility easement
2) A Hold Harmless Agreement and Covenant is required by the City due to
the encroachment of the utility easement and the future maintenance of
any existing public utilities in the easement, and any future public utility
installations within the easement. Owner must comply with all of the
conditions as set forth in the Hold Harmless Agreement and Covenant.
3) Maintain the area between the existing house structure and the remaining
7 5 -foot utility easement free of any permanent structures that could
prohibit access and maneuverability over the easement area to maintain,
repair, or replace any existing public utilities and any future utility
installations within the easement.
4) Owner is required to allow access to the existing public utilities within the
utility easement at all times without cost to the City or any of the public
--? \LEG -DAR\ Shared \GaryS\ agenda \200712- 27\GRD- BoardwalkUnit1- abandon- vacate.doc
Page 2 of 3
utility companies for restoration of any surface improvements and
landscaping.
Owner must comply with the specified conditions of the Ordinance prior to
occupancy of the house.
Owner must comply with all the specified conditions of the ordinance
within 180 days of Council approval.
Upon approval from Council and issuance of the ordinance, all grants of
easement closures must be recorded at owner's expense in the real
property Map Records of Nueces County, Texas, in which the property is
located. Prior to Permit approval of construction, an up -to -date survey,
abstracted for all easements and items Building of record, must be
submitted to the Director of Development Services.
SECTION 2. 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 and shall take effect upon first reading
as an emergency measure on this 27th day of February, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: February 22, 2007.
QG ry . Smith
Assistant City Attorney
For City Attorney
H \LEG -DIR\ Shared\ GaryS\ agenda12007 \2- 271ORD- BoardwalkUnitl- abandon - vacate.doc
Page 3 of 3
C,orpus Christi, Texas
day of 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council,
Respectfully. Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
Wiliam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H \LEG -DIR \Shared \GaryS\ agenda \2007\2- 27\ORD- BoardwalkUnitl- abandon - vacate.doc
6914 BOARDWALK AVENUE
(50' R
IN 29° 00' 00"E 69.001
1,17
541.951 commaaut
542.061 os4/4
WT 10
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occoolIng to KM vAith
Is not within the 100WRood Row
0
0
0
1172.50 S.F.
— OF 7.5' U.E. - — --- — — 4—
loci TO BE CLOSED 15' U.E. TEMPORARY
N rr MOT 64.02' CONSTRUCTION
,1ZZ/ /2 7- //-Z7-/
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— , 7.5' U.E 5 29 maw WOW
—}-• — _ _ ____ DOC 20050182571
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4." — ...0 2005010257 ORPNCT
—I-
LOT 9
4
30' Al?
sesemffr
5' SIDE BUILDING LINES
AS PER RESTRICTIVE COVENANTS
IN DMA 2005045746 (OPENCT)
(5 61° 00' 00''E 153.001
1.7
LOT 8
LOT 11
CS 29° DO' 00"W 69.001
BRIGHTON VILLAGE Li-4 LOT 10 0
V. 49, P. 117-119
(MRNCT) a iAIENII----
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EASEMENT CLOSURE '1 0
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EXHIBIT A
DATE: 01/26/07:
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JOB 05-744
Tit` 1 OF 1
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VICINITY MAP
172.50 S.F. of a 7.5 Foot Utility Easement within Lot 9, Block 4,
The Boardwalk Unit 1
J. 64, P. 220-222, (MRNCT),
Corpus Christi, Nueces County, Texas.
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15
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: February 27, 2007
AGENDA ITEM: An ordinance amending the Code of Ordinances, City of Corpus
Christi. Chapter 14, to reduce building permit and survey fees for businesses
operating in Census Tracts 5. 7. 13, 35, and 50 included in the expanded Renewal
Community; providing for an effective date; providing for severance; providing for
publication
ISSUE: Providing incentives in order to promote economic growth in the Renewal
Community area
CONCLUSION AND RECOMMENDATION: Approval of the ordinance reducing
building permit and survey fees for businesses operating in Census Tracts 5, 7, 13,
35 and 50.
Irma Caballero, Director
Economic Development
BACKGROUND INFORMATION
In order to receive a "Renewal Community" designation, the City of Corpus Christi
adopted a Renewal Community Tax Incentive Plan in December 2002. This plan
applied to Census Tracts 1, 3, 4, 10 and 11. The tax incentive plan changed certain
ordinances to promote economic growth in the Renewal Community.
In 2005, HUD approved a request by the City to expand the Renewal Community
census tracts based on the 2000 Census. The request was approved and Census
Tracts 5, 7, 13, 35 and 50 were added to the Renewal Community area.
The proposed ordinance mirrors action taken in the five original census tracts by
offering a reduction in building permit and survey fees in the expanded census
tracts.
Page 1 of 3
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 14, TO REDUCE BUILDING PERMIT AND SURVEY FEES FOR
BUSINESS OPERATIONS IN CENSUS TRACTS 5, 7, 13, 35, AND 50
INCLUDED IN THE EXPANDED RENEWAL COMMUNITY; PROVIDING
FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Housing and Urban Development designated the City of
Corpus Christ's Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as a "Renewal
Community" eligible to share tax incentives to stimulate job growth and promote
economic development:
WHEREAS, in December, 2002, the City Council approved the Tax Incentive Utility
Plan for the Renewal Community:
WHEREAS, the Tax Incentive Utilization Plan included specific actions to be taken to
amend ordinances to reduce certain fees for businesses in the Renewal Community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Section 14 -202 of the Code of Ordinances is revised to read as follows:
"Sec. 14 -202. Definitions.
*
"Renewal Community means the area of the City of Corpus Christi in City
of Corpus Christi Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as
established by the U. S. Bureau of the Census, as it applies to the reduction in
permit and survey fees set forth in Section 14- 1307(b).
SECTION 2. That Section 14- 1307 "Reduced fees" is amended to read as follows:
Sec. 14 -1307 Reduced fees.
*
*
(b) Permit and survey fees for buildings within Renewal Community are
fifty (50) percent of the regular permit fee. However, a reduced permit fee
may not be Tess than the minimum fee regularly charged.
H:\ LEG- DIR\Shared \GaryS\agenda\2007 2 -27 \Ord - Renewal Community.doc
Page 2 of 3
SECTION 3. The reduced fees and special permit provided herein shall apply when
application for the permit is timely made and issued prior to the commencement of the
activity
SECTION 4. The reduction in fees and issuance of special permit provided for herein
shall be effective from the effective date of this ordinance through December 31, 2009.
SECTION 5. 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 6. 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 7. This ordinance shall take effect upon and after publication of this
ordinance.
H \LEG -DlR\ Shared \GaryS\agenda1200712- 271Ord- Renewal Community.doc
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
2007 by the following vote:
reading on this the day of
Henry Garrett, Mayor Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2007 by the following vote:
Henry Garrett, Mayor
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
PASSED AND APPROVED this the day of , 2007.
Rex A. Kinnison
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved: February 22, 2007
By:
a W. Smith
Assistant City Attorney
For City Attorney
H tLEG -D{R\ Shared\ GaryS \agenda\2007\2- 27\Ord- Renewal Community.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
February 27, 2007
a. Public hearing to consider abandoning and vacating a 31,825- square foot portion (0.7306
acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Sec.
32, Flour Bluff & Encinal Farm & Garden Tracts (San Cristobal at Terra Mar Subdivision),
south of and adjacent to Victoria Park Unit 7 Subdivision, and approximately 450 -feet
southwest of the Oso Parkway street right -of -way.
Ordinance abandoning and vacating a 31,825- square foot portion (0.7306 acres) of an
undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Sec. 32, Flour
Bluff & Encinal Farm & Garden Tracts (San Cristobal at Terra Mar Subdivision), south of and
adjacent to Victoria Park Unit 7 Subdivision, and approximately 450 -feet southwest of the
Oso Parkway street right -of -way: subject to owner's compliance with the specified
conditions.
ISSUE: Urban Engineering of Victoria, on behalf of Hogan Development Company, L.P., is
requesting the abandonment and vacation of the dedicated public right -of -way to allow for the future
development of a residential subdivision
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate
any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights -of -way
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
1gen4071str- do\San -C nstobaIM
Debbie Marroquin, .E.,
Interim Director of velopment Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan Development
Company, L.P., is requesting the abandonment and vacation of a 31,825- square foot
portion of an undeveloped 20 -foot wide dedicated public right -of -way, out of Lots 21 -23,
Sec, 32, Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be
abandoned and vacated is located in an "F -R" Farm -Rural District.
The undeveloped ROW to be abandoned is south of and adjacent to Victoria Park Unit 7
Subdivision, approximately 450 -feet southwest of the Oso Parkway street right -of -way.
The said portion of public right -of -way is being abandoned and vacated to allow for the
future development of a residential subdivision (San Cristobal at Terra Mar Subdivision).
The Owner/Developer, Hogan Development Company, L.P., desires to offset the
referenced undeveloped public ROW by dedicating new street ROW within the proposed
subdivision plat.
All public and franchised utilities were contacted regarding this closure request and no
objections were received by any of the utility companies.
Staff recommends that payment of the fair market value be waived because City Code,
Sec 49 -12, eliminates payment of the fair market value when an abandoned street is
unimproved, as it is in this case. Owner will also be dedicating public street rights -of -way
of greater value with the San Cristobal at Terra Mar Subdivision, to off -set the proposed
abandoning and vacating of public right -of -way. The owner has been advised of and
concurs with the conditions of the right -of -way abandonment.
EXHIBIT A
Page 1 of 2
AN ORDINANCE
ABANDONING AND VACATING A 31,825- SQUARE FOOT PORTION
(0.7306 ACRES) OF AN UNDEVELOPED 20 -FOOT WIDE DEDICATED
PUBLIC RIGHT -OF -WAY OUT OF LOTS 21 -23, SEC. 32, FLOUR
BLUFF & ENCINAL FARM & GARDEN TRACTS (SAN CRISTOBAL AT
TERRA MAR SUBDIVISION), SOUTH OF AND ADJACENT TO
VICTORIA PARK UNIT 7 SUBDIVISION, AND APPROXIMATELY 450 -
FEET SOUTHWEST OF THE OSO PARKWAY STREET RIGHT -OF-
WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED
CONDITIONS
WHEREAS, Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan
Development Company, L.P requested the abandonment and vacation of a 31,825 -
square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public
right -of -way, out of Lots 21 -23, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts
(San Cristobal at Terra Mar Subdivision), south of and adjacent to Victoria Park Unit 7
subdivision, and approximately 450 -feet southwest of the Oso Parkway street right -of-
way. The undeveloped right -of -way to be abandoned and vacated is located in an "F -R"
Farm -Rural district; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the undeveloped right -of -way,
subject to the provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 31,825- square foot portion of the undeveloped 20 -foot wide
dedicated public right -of -way is abandoned and vacated, the plat thereof is recorded in
Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, subject to
Owner /Developer's compliance with the following specified conditions as part of the
abandonment and vacation:
1) Staff recommends that payment of the fair market value be waived
because City Code, Sec. 49 -12, eliminates payment of the fair market
value when an abandoned street is unimproved, as it is in this case.
Owner will also be dedicating public street right -of -way of greater value on
the Valencia at Terra Mar Subdivision, to off -set the proposed abandoning
and vacating of public right -of -way.
2) Upon approval from Council and ordinance issued, all grants of street
closures must be recorded in the real property Map Records of Nueces
County Texas in which the property is located. Prior to Building Permit
approval of construction, an up -to -date survey, abstracted for all
easements and items of record, must be submitted to the Director of
Development Services.
: \LEG -DIR\ Shared \GaryS \agenda\2007\2- 27 \ORD -F BEFGSanCristobalTerraMar - abandon - vacate.doc
Page 2 of 2
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2007, by the following vote:
Henry Garrett Bill Kelly
Brent Chesney i Rex A. Kinnison
John E Marez Jesse Noyola
Melody Cooper Mark Scott
Jerry Garcia
PASSED AND APPROVED, this the day of , 2007.
ATTEST
Armando Chapa
City Secretary
APPROVED: February 22, 2007
,LL
G . Smith
Asshstant City Attorney
For City Attorney
Henry Garrett
Mayor
} \LEG -DIR\ Shared \GaryS\agenda1 2007\ 2- 27 \ORD- FBEFGSanCristobalTerraMar- abandon - vacate.doc
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CAYO DEL OSO
EXHIBIT C
LOCATION MAP
TERRA MAR DEVELOPMENT
CORPUS CHRISTI, TEXAS
17
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
February 27, 2007
a. Public hearing to consider abandoning and vacating a 26,310- square foot portion (0.604
acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lot 1, Sec. 32,
Flour Bluff & Encinal Farm & Garden Tracts (Valencia at Terra Mar Subdivision), southeast
of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road
and Wooldridge Road street rights -of -way
b. Ordinance abandoning and vacating a 26,310- square foot portion (0.604 acres) of an
undeveloped 20 -foot wide dedicated public right -of -way out of Lot 1, Sec. 32, Flour Bluff &
Encinal Farm & Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and
adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and
Wooldridge Road street rights -of -way; subject to owner's compliance with the specified
conditions.
ISSUE: Urban Engineering of Victoria, on behalf of Hogan Development Company, L.P., is
requesting the abandonment and vacation of the dedicated public right -of -way to allow for the future
development of a residential subdivision
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate
any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights -of -way
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Debbie Ma •quip,
Interim Director of
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
;genVy07\str- cbWalencia -Terra Mar M
elopment Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan Development
Company, L.P., is requesting the abandonment and vacation of a 26,310- square foot
portion of an undeveloped 20 -foot wide dedicated public right -of -way, out of Lot 1, Sec. 32,
Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned
and vacated is located in an "F -R" Farm -Rural District.
The undeveloped ROW to be abandoned is southeast of and adjacent to the Monte Verde
at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road public
rights -of -way. The said portion of public right -of -way is being abandoned and vacated to
allow for the future development of a residential subdivision (Valencia at Terra Mar
Subdivision). The Owner /Developer, Hogan Development Company, L.P., desires to offset
the referenced undeveloped public ROW by dedicating new street ROW within the
proposed subdivision plat.
All public and franchised utilities were contacted regarding this closure request and no
objections were received by any of the utility companies.
Staff recommends that payment of the fair market value be waived because City Code,
Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is
unimproved, as it is in this case. Owner will also be dedicating public street rights -of -way
of greater value with the Valencia at Terra Mar Subdivision, to off -set the proposed
abandoning and vacating of public right -of -way. The owner has been advised of and
concurs with the conditions of the right -of -way abandonment.
EXHIBIT A
Page 1 of 2
AN ORDINANCE
ABANDONING AND VACATING A 26,310- SQUARE FOOT PORTION
(0.604 ACRES) OF AN UNDEVELOPED 20 -FOOT WIDE DEDICATED
PUBLIC RIGHT -OF -WAY OUT OF LOT 1, SEC. 32, FLOUR BLUFF &
ENCINAL FARM & GARDEN TRACTS (VALENCIA AT TERRA MAR
SUBDIVISION), SOUTHEAST OF AND ADJACENT TO MONTE VERDE
AT TERRA MAR UNIT 1 SUBDIVISION, BETWEEN THE HOLLY ROAD
AND WOOLDRIDGE ROAD STREET RIGHTS -OF -WAY; SUBJECT TO
OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS
WHEREAS, Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan
Development Company, L.F requested the abandonment and vacation of a 26,310 -
square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right -
of -way out of Lot 1, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts (Valencia at
Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1
Subdivision, between the Holly Road and Wooldridge Road street rights -of -way. The
easement to be abandoned and vacated is located in an "F -R" Farm -Rural district; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the undeveloped right -of -way,
subject to the provisions below, (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 26.310- square foot portion of the undeveloped 20 -foot wide
dedicated public right -of -way is abandoned and vacated, the plat thereof is recorded in
Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, subject to
Owner /Developer's compliance with the following specified conditions as part of the
abandonment and vacation
1) Staff recommends that payment of the fair market value be waived
because City Code, Sec. 49 -12, eliminates payment of the fair market
value when an abandoned street is unimproved, as it is in this case.
Owner will also be dedicating public street right -of -way of greater value on
the Valencia at Terra Mar Subdivision, to off -set the proposed abandoning
and vacating of public right -of -way.
2) Upon approval from Council and ordinance issued, all grants of street
closures must be recorded in the real property Map Records of Nueces
County. Texas. in which the property is located. Prior to Building Permit
approval of construction, an up -to -date survey, abstracted for all
easements and items of record, must be submitted to the Director of
Development Services.
H :1LE G -DIR\ Shared \GaryS\agenda1200712- 271ORD- FBEFGValenciaTerraMar - abandon- vacate.doc
Page 2 of 2
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007, 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 i day of , 2007, by the following vote:
Henry Garrett Bill Kelly
Brent Chesney Rex A. Kinnisoh
John E Marez Jesse Noyola
Melody Cooper Mark Scott
Jerry Garcia
PASSED AND APPROVED, this the day of , 2007.
ATTEST
Armando Chapa
City Secretary
APPROVED: February 22, 2007
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
H \LEG -D I R\Shared \GaryS \agenda1200712 -2 7\OR D -FBEF GValenciaTerraMar- abandon - vacate.doc
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URBAN
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VICIDRI4. YEW.
13111 S11d137
SCKEI 1' • 300'
JOB 10. _ 414301
41/
LOCATION MAP
RRA MAR DEVELOPMENT
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CAYO DEL OSO
EXHIBIT C
18
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING +City. Council Action Date: 02127'07)
Case No. 0107-02, Fuel The Element of Men's Grooming, LLC: A change of zoning from an
AB" Professional Office District to a "B-1" Neighborhood Business District on property
described as Windsor Park Unit 4, Block 35, Lot 1, located along the northeast intersection
If Everhart Road and Janssen Drive
Planping Commission & Staff's Recommendation (January 24, 2007): Approval of the "B -1"
Neighborhood Business District
Requested Council Action: Approval of the "B -1" 'neighborhood Business District.
Summary.
The applicant is requesting a change of zoning on the subject property from "AB" Professional
Office District to "B-I. Neighborhood Business District and is proposing the development of a full
ser ice hair sator,
The subject property consists of me platted lot located along the northeast intersection of Everhart
Road and Janssen Drivc- The lot is developed with a 2,200 square foot professional building
currently used as a physical therapy office. No expansion or demolition of the structure is proposed.
Remodeling plans include the replacement of brick walls at the front of the structure with thirteen
foot panes of glass
• The lot of 9,100 square feet ( 70 ?eet ?w 130 feet) will retain the existing 2,200 square foot structure
and provide eleven parking spaces. As a full service salon. the proposed business will have ten
employees and will operate between the hours of 9 a.m. and 8 p.m. from Monday through Saturday
and closed on Sundays
• The lot has direct acces to an anerial, I verhart Road, and no access to the local cross - street,
Janssen Dm e.
North of the subject property is developed as 'B -5" Primary Business District. South of the subject
property along Everhart Road, properties are developed as "AB" Professional Office District. To the
east the adjacent property is developed as "AB" Professional Office District. To the west, property
is developed as `R -1" Neighborh,Iod Business District
No ' -02 t? '.1C - .7 I „en._'nI to r!'itllg. I f.
U: er the past decade= aropertie, along. Everhart Road. south of South Staples Street, and north of
South Padre island Dr_ve have )een transitioning to nonresidential uses. Such uses include offices,
re(:u shops. _lance c : ub %bar. and !iaions.
c requested B- Neighborhood Business District is consistent with the future land use map
v h i h recommends c(mmerc(a use,
Notification: Uf the tweet, 1'01 notice mailed to the surrounding property owners, zero (0) were
r:vturned in favor and rem . ;)) v, ere : eturned in opposition The 20% rule is not invoked. This case is
considered non - controversial.
1
`(TTY. tl
Deborah A. Marroquin, P.E.
interim Director of Development Services
!�tt; FGM bip
Attachments:
Zoning Report
Zoning Map
Planning C (4ntmiss Minutes ((.∎' 4/07(
irdinance
\(;i \ MFM( dc
CITY COUNCIL
ZONING REPORT
Case No, 0107 -04'
City Council Hearing Date: February 27, 2007
c Applicant Fuel - The Element of Mens Grooming, LLC
ca = Owner. Myrna Corre
yo'i Agent: Irvin Corre
Z. '4 Legal Description/Location: Windsor Park unit 4, Block 35, Lot, 1 located along the northeast
ntersectton of F.v.!rhart Road and Janssen Drive.
o From AB' Professional Office District
.c
C— To: -`B -1 a Neighborhood Business District
e Area: 0 2 acres
OG ! Purpose of Request: Full service hair salon.
Zoning
Site AB" Professional Office
District
Existing Land Use
Professional Office
Vorth `B -5'a Primary Bu Commercial
District
South AB" Professiona Office
District
East ' AB" Prc fessiona Office
District
West lB 1" Neighborhood
Business District
Area Development Plan:
the requested "B -1" Dis
map reconunend the area
ices.
\tap No _)430
Zoning Violations: None
Future Land Use
Commercial
Commercial
Professional Office
Commercial
Low- density Residential,
law office
Professional Office
Professional Office
Commercial
southeast - Overall, the Comprehensive Plan Elements are supportive
'rict. the Southeast Area Development Plan's adopted future land use
dee elop with professional office and neighborhood commercial
ig
as, Nit tE Gv 1 �.
t1emen2 ? N1tr. iroornin,. 1
• I he applicant is requesting a change of zoning on the subject property from "AB"
Professional Office I)istnc! to "B -1. Neighborhood Business District and is proposing the
deve opmeat of a. fu l ser■ ice hair salon
• The subjec' property t:onsists of one platted lot located along the northeast intersection of
F + erhart R wad and I anssen Drive. The lot is developed with a 2,200 square foot
trotessiont.i 'buildinit currently used as a physical therapy office. No expansion or
demolition i if the stricture is proposed. Remodeling plans include the replacement of brick
t zli at the front 31 he ,tructure with thirteen foot panes of glass.
• The lox of L 100 square feet (70 feet by 130 feet) will retain the existing 2,200 square foot
structure acrd provide eleven parking spaces. As a full service salon, the proposed business
h have emplo' ees and will operate between the hours of 9 a.m. and 8 p.m. from
Monday through Saturday and closed on Sundays.
• 1 he lot has direct access ; an arterial, Everhart Road. and no access to the local cross -
streer_ Janssen Dri■t
• North of the subject property is developed as "B -5" Primary Business District. South of the
subject propert y along Iverhart Road. properties are developed as "AB" Professional Office
I).strict .I the east the adjacent property is developed as "AB" Professional Office
I) strict 1 the ,yes, property is deN eloped as 'B -1" Neighborhood Business District.
• Oyer the past decade. properties along Everhart Road, south of South Staples Street, and
north of South Padre Island Drive have been transitioning to nonresidential uses. Such uses
include offices_ retail shops. a dance club /bar. and salons.
• The reques.ed "B -' Neighborhood Business District is consistent with the future land use
map which recommends commercial uses.
Street R.O.W.
Street
Everhart Road
Janssen 1)rive
Type
ocal
Paved Section Volume
2001
80' R.O W. w/ 60' pavement, 30,500 a.d.t.
four lanes, one turnin_ lane
50' R.O W. w/ 20' pavement Not available
The subject property tont,sts et one platted is
rr.
c v
y c
E
t E
E
• c
The intersection of Everhart Road and Janssen Drive is successfully transitioning to office and
retail use as recommended h. the Southeast Area Development Plan.
Nt 07-0 '• h leniero Mk!-, iroornin
Recommendation
'Approval of the 8- 1 Neighborhood Business District.
ozi
4' Approva t the Neighborhood Business District.
E
Ct
'slumber ot Noticts Mailed -Th
Favor
Opposition
As of February 2, 2007
Attachments: Zon mg Map
N-DER .S; IAREI/ BE \■ v 20( '7 PC 10NR P TS' I A MARY\ 0 I Ir-02REPORT.DOC
11
/SP
r rl�
J
AB
f , armor Ru-ai Jistrict
Rt_ -._sidentia! Estate D+str cJ
RA •ne Farmy Jweiling District
R '.A 'ne Farm _}welling Distr r`
B The Farr •v `_ welling I ist c
me Farm y dwelling 0,5t,,."
A +partmerr� r70use Distr� -a
A pa�tmer„ ,,ouse Dist 1
A . ,;:a -tmen, rouse Dist It
A .pa-tmer' 'aurist Distrc..
A �'essre. a I)ffice Drst per
Case 0107 -02
NOTICE MAP
Towrnousr :)well: ng District
g 1 Multiple C welli. ^g ')istrict
IA Travel Tra 'er Park O,strict
1t Manutactu ed Home mark D,stri 1
1.. Manutactu ed f-or w Subdivision. District
i istor:c a. tun al i. andmark Prarservatior
1 .rgrt 4nd .,tree; ;.strict
3 Heavy In;:,; str al tistriCt
SP Special Pe°nrt
Planned ! Deg Fl;;pment
B -1 Neighborhood Business District
B -1A Neighborhood Business District
B -2A Barrier Island Business District
B•2 Bayfront Business District
BD Corpus Christi Beach Design Dist.
B- 3 Business District
B-4 General Business District
8-5 Primary Business District
5-6 Primary Business Core District
.imited Industrial District
NORTH
0 100 200
Feet
HK /O8JANO7
MINI TES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — January 24, 2007
5:30 P.M.
COMMISSIONERS PRESENT
Rudy Garza. "ice C hairman
red Braselton *Let* at 7'00
skt,lano J. Huerta
'on J. Kelp
ohnny R. 'Martinez
Michael Pusler *Arrived at ; 5 r r >i
lames Skrobarczvk
ohn C. Fame/
1m
COMMISSIONERS ABSENT
k Bryan Stone. Chairman
CALI, TO ORDER 5:30 p.m.
A quorum v1/4 as declared present and the meeting was called to order at 5:30 p.m.
ZONING
Nev Zoning
a. (.`ase No ii 07 -02
STAFF:
Debbie A. Marroquin, P.E. Interim Director of
Development Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Mary Frances Teniente, PE, Assistant Director
of Development Services/ Special Services
ristina Fratilla, P.E.
Robert Payne. AICP, Senior City Planner
Mic Raasch, City Planner
Gary Smith, Assistant City Attorney
(jail Perry, Recording Secretary
Fuel The Element of Men's Grooming, LLC: A change of zoning from
an '‘13- Professional Office District to a "B -1" Neighborhood Business
Distract
Windsor Park Unit 4 Block 35, Lot 1. located along the northeast
intersection of Everhart Road and Janssen Drive.
Robert Payne presented the above mentioned zoning request for a "B -1" Neighborhood
Business District for development of a full service hair salon. The subject property is located at
verhart Road and Janssen Drive which presently has a physical therapy office on the location. The
present stnicture w of remain with minimal remodeling plans for the front of the structure. The
surrounding and use consists of . urnmercial properties with the subject property providing access to
verhart Road Staff recommends approval of the "B -1" Neighborhood Business District.
Public hearing was opened
!Margaret Soupie, 481 4 Janssen, Corpus Christi, Texas stated opposition to this zoning request
sue to the increased traffic that will occur and the access at Janssen and Everhart to be not favorable.
Anna Mane Gonzalez, t_ orpus Christi. Texas stated ownership of an insurance business
.iirectly across the street from the subject property. In view that the subject property is requesting to
=�li other products such as alc )hoI '«ithin their business. I am against this rezoning request.
lntng i :_ r;r ,; .,..,
it r,,an,.
C c.
31U1C
lr∎m 3_`orre Fuel -fh;'. Element of Men's Grooming, I. LC, stated that the business will not be
e ling iicollr < and -hou(d a‘, rage between > -?O customers per day.
1'11h r: hearing was used
Motion tor 1pprovai of it 'B -1' Neighborhood Business District was made by Commissioner
3raselton and seconded mmissioner Skrobarcvzk. Motion passed unanimously with Chairman
t me being absent
{ +'I N -':)Ik 4). \R/ c'r t ' +' 1 i 10-.0 \'11r Lite, ..10.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY FUEL THE ELEMENT OF MEN'S GROOMING, LLC, BY CHANGING
THE ZONING MAP IN REFERENCE TO WINDSOR PARK UNIT 4,
BLOCK 35, LOT 1, FROM "AB" PROFESSIONAL OFFICE DISTRICT
TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; 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 Fuel The Element of Men's Grooming,
t_ LC, 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,
anuary 24, 2007 during a meeting of the Planning Commission, and on Tuesday,
February 27, 2007. during a meeting of the City Council, in the Council Chambers, at
City Hall in the City of 3orpus 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 Windsor Park Unit 4, Block 35, Lot 1, located along
the northeast intersection of Everhart Road and Janssen Drive from "AB" Professional
Office District to "B- " Neighborhood Business District. (Zoning Map 043037)
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,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 4. That tc 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
C =orpus 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 27t" day of February, 2007
ATTEST:
Armando Chapa
pity Secretary
APPROVED: February 22 2007
ry VW Smith
Assistant City Attorne\
or City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor. City of Corpus Christi
LEG D R1Shared\GarvS\age da1200 "2- 27\0 7 02 Fuei Mens Grooming reg.doc
Page 3 of 3
Corpus Christi Texas
ay of 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William, Kelly
Rex A Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
` _ EG- DlR?Shared \GarS'\,agenda+20072 -27 210- 2 Fuel Mens Grooming reg.doc
19
AGENDA MEMORANDUM
P1 BLIC HEARING - ZONING uncil A,aion Date 02!27 07)
Lase No. 0107 -05, Wayne Lundquist, Trustee: A change of zoning from a "B -4" General
iusiness District to a 'B -Y Primary Business District on property described as Joslin Tracts,
Block 2 Lot 4. iocated north of South Padre Island Drive and approximately
s00 teet west of Fnnis loslin I} ive_
Plat gins Commission & Staff's Recommendation (January 24, 2007): Approval of the "B -5" Primary
3usiness District
Requested Council Action: Appro,a1 the "B -s" Primary Business District.
Summary::
• l'he applicant is requesting a change . t t zoning on the subject property from `B -4" General Business
District to "B -S' Primary Business District in order to bring into compliance one existing non -
,.- onforming billboard with the agreement to remove one additional non - conforming billboard through
amar Signs.
he subject property consists of one platted lot cif 1.542 acres located along the north side of South
Padre: Island Drive and approx.imateiy, 1,500 feet west of Ennis Joslin Road. The lot has
approximately `-`e feet )f street frontage along South Padre Island Drive. The subject property is
acant
Properties north (t the subject property are zoned "B -4- General Business District. This area's current
and use is designated for medium- density- residential development, but the future land use is
designated for commercial development While properties directly south of the subject property are
tune(: ` R -1B" tine- famiio Dwelling District and are currently vacant. other properties southeast of the
subject property are zoned "B -4. General Business District with a current land use designated as
. <)mmercial boat sales. uture land use south and southeast of the subject property is intended for
ommercial use Proper, les to thw east and west are zoned "B -4" General Business District and are
vacant These pr?pertie, are als, designated fig, commercial uses on the Future Land Use Map.
• he requested "H- Pr marl Br sine, District is consistent with the future land use map which
recommends cornmer:iai use
da ` e = IrancuiT
�Ic " -05 1 W,a. r !_wicui L. I
Notification: Of tie iwo (: notices mailed to the surrounding property owners, zero (0) were returned in
favor and zero (0) were retimed in opposition. The 200 /o rule is not invoked. This case is considered
non - controversial
Deborah A. Marroquin, P.E.
interim Director of Development Services
1 {' FG°vl blp
Attachments:
?oning Report
toning MaF
Manning Commission !Minutes (0i 24/07
)°- dinance
I- Pi. N -DIR HARIDIBe•,e-tti'. OO 'C O1 r -0' = +GI N[ [MEMO doe
CITY COUNCIL
ZONING REPORT
( ase No. O] 07 -T)-
( itv Council Hearing Date: Fehruar% 27, 200"
Applicant: Wayne Lundquist, Trustee
Owner: Joslin Partnership
Agent The Clower Company, Tim or George B. Clower
Property Area Joslin I racts. Block 2. Lot 4, located north of South Padre Island Drive
and approximately 1,500 feet west of Ennis Joslin Drive..
Zoning Request
From: '`B -4" General Business District
To: 'B -5" Primary Business District
Area
4 acres
Purpose of Request: T( bring into compliance one existing non - conforming billboard
with the agreement to remove one additional non - conforming billboard through
Lamar Signs.
Zoning
site B -4' General Bu -iness
District
north B -4" General Business
District
>outh `B -4" General Business
District and "R-1B" One -
family Dwelling District
East '13-4'. General Business
District
West `B -4'- General Business
District
Existing Land Use
V lean = -
Medium Density
Residential, apartments
Future Land Use
Commercial
Commercial
Vacant and Commercial,
boat sales
V icant
V tcanl
Commercial
Commercial
Commercial
a
j
Area Development Plan Subject property lies on the border of the Southside and
Southeast Area ikvelopment Plans. The future land use plan supports commercial uses
along the South Padre lsand )rive corridor.
Map: 039034
Zoning Violations. Nose
i 0' -t" ri }dr Bern
2
I he applican is requesting a change el zoning on the subject property from `B -4" General
liu'rress I t3- rict It 5. I'rimar■ Bt siness District in :rrder to bring into compliance one
t',(ssr'.n t roil ortorm =rsg hr;Iboard with the agreement r remove one additional non -
con'r rniaie rllb'ard hrrurgh Lamar Sign.,
• 1 h subject roperty onsist )f one platted lot of 1.54 acres located along the north side of
` outl Padre -sland Dr;.e acrd approximately 1.500 feet west of Ennis Joslin Road. The lot has
aprcs, imaterl ! Tri feL r of ,meet frontage along South Padre Island Drive. The subject
al pmpr! � k rCart!
E
• • Properties n( rth , t the ;u1 c i property, are zoned "B -4- General Business District. This
area >urren land us( ;s designated for medium- densit'. residential development, but the
future and u,e is designated for commercial development. While properties directly south of
the subject property alt.' zoned -R-1B^ One- family Dwelling District and are currently vacant,
other properies southeast of the subject propert.v are zoned "B -4" General Business District
A it!' r ,jurrert land us =' designated as ommercial boat sales. Future land use south and
.outheast .0 he subje, opert' is intended for commercial uses. Properties to the east and
',Nest are r.ont�d "B 1._ ,eneraI Business District and are vacant. These properties are also
,1e, =gnated I. r- cornrnet.:ral ryes on the Future land Lise Map.
• I he requestc..1 "B t'r rnian - Business District k consistent with the future land use map
hr.Th ietnm:nends ,:: n1n e'. -raj use
Street
South Padre Island Dri' e
Freeway
Type Paved Section
400' R.O.W.
Volume
(2001)
73,340 ADP
I'he suhlel prooer' s t ,lotted
C
v
E
E
C
G.
I'he applicant' representative has provided an agreement with Lamar Signs to remove one
existing sign frt m the J.tslin tract in order to receive a staff recommendation of
'appro\ al" for lie chant t of oning from the "B -4" General Business District to "B -5"
Primarx Business 1)istri
Recommendation
Appro'.al of the "B -5" ljrimar\ Business District.
b
Pdrii rshp
Page 3
Recommendation
kpoproval utihe Pr mar:. Business, District
("onimen1
-= ',umber
1 axor
4,4 Opposition
-ks of Uehruar), ?. 21107
ArTaehments: tonInc. Mac,
Agreemeni
11. Pi N-Di} SHARED Heerk 200- PC /0\ RP E Sjanuar■,,cc reports'0107-05 Joslin Partnership Zoning
Reoortdo,
N 28
LOTS 15, 16
ea
ION 28
TS 4, 5, 6,
B -4
-arm Ruial ,District
• Residential Estate District
F.A Dne Family Dwelling D■strict
F IA Dne Family Dwelling District
F 1B 'Doe Family Dwelling D.strirt
• IC pre Famly Dwelling District
F ; Apartment ^+ouse Dstrc-
R ;A Apartment • "ouse DIstrc.
A - hpartme,t -rouse 'Distr.('
• 4partmer-t ' ourist Distrr. t
Ag 'roressior+a Office Distric-
Case 0107 -05
1 NOTICE MAP I
F ' Townhouse Dwelling District
F -i Multiple irwelhny District
Travel Traler Fax District
Manufact.-ed hone Park Distr -ct
Manufactc red Home Subdivisioi District
I( Historical- ,iitura- andmark Preservation
ght loo_istriai strict
Heavy ;rid:Istria chstrtct
SP Special Permit
Du: Planned t De+eiopment
B 1 Neighborhood Business District
8 -1A Neighborhood Business District
8 -2A Barrier Island Business District
8 2 Bayfront Business District
BD
8.3
e -a
B "5
8-6
1-1
Corpus Christi Beach Design Dist.
Business District
General Business District
Primary Business District
Primary Business Core District
Limited Industrial District
NORTH
0 150 300
Feet
HK /OBJANO7
MINI TES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
NA' ednesday — January 24, 2007
5:30 P.M.
COMMISSIONERS PRESENT
Rudy Garza. Vice Chairman
red Braselton *Lett at 7:00 m
Milano J. Huerta
on J. Kell),
,ohnny R Martinez
vlrchael Puslev 'KArlved at ° 113 p 1,1
games Skrobarczyk
ohn C Famez
OMMISSIONERS ABSENT
k Bryan Stone. Chairman
CALL. TO ORDER - 5 :30 p.m.
A quorum was declared present and the meeting was called to order at 5:30 p.m.
ZONING
New Zoning
Case No (, 07 -05
STAFF:
Debbie A. Marroquin, P.E. Interim Director of
Development Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Mary Frances Teniente, PE, Assistant Director
of Development Services/ Special Services
Cristina Fratilla, P.E.
Robert Payne. AICP, Senior City Planner
Mic Raasch, City Planner
Gary Smith, Assistant City Attorney
Gail Perry. Recording Secretary
W avie Lundquist. 1 rustee: A change of zoning from a "B -4" General
Business District to a "B -5" Primary Business District
Joslin Tracts, Block 2, Lot 4, located north of South Padre Island Drive
and approximately 1.500 feet west of Ennis Joslin Drive.
Mu. Raasch presented the above mentioned case requesting a "B -5" Primary Business
District for the purpose of allowing one (1) billboard and removing one (1) non - conforming
billboard. Iso, an agreement between the applicant and Lamar Signs has been met to remove an
:additional billboard along SPID +)n the Joslin Tract. The subject property is located north of
`,oath Padre Island 1)rive and west (If Ennis Joslin Drive covering 170 feet of street frontage. The
,,mounding land use is ∎avant vkith the exception of a student housing development that is
nderway with the future land use map calling for general business uses. Staff recommends
approval of this request
Puhlk hearing was opened
Wayne Lundquist. '00 verhart, Corpus Christi, Texas stated that the
agreement galls for -wo ( 2) non- conforming signs to be removed and replacement for
ne conformng sign.
Puhl,c hearing was cl.,sed
inn t,
,near
tee
mmisst -?ner Huerta stated during the Adhoc Sign Committee meetings,
llboard .1 ere d r,cussed t, discourage placement of them N# ithin the city. These large
gns art ,ut ,dace on the naior thoroughfare. Commissioner Huerta stated his
oposttion t. this. ronint!
\1.c Raas,h stated that the highway beautification act applies with new signs
;tttd this fluid on > be nt ;igr ■sithin a stretch of 1 500 feet of frontage.
Motion fo appro‘ai of the "B -5 Pramar Business District was made by
ommtsstoner Skrobarczvk and seconded k Commissioner Martinez. Motion passed
t.nanimousl■ with 'ornmis - toner iluerta ‘oting no and Chairman Stone being absent.
PI ti iRf _ far, r't d )' Itl^ -iii AI No ,lot
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY WAYNE LUNDQUIST, TRUSTEE, BY CHANGING THE ZONING
MAP IN REFERENCE TO JOSLIN TRACTS, BLOCK 2, LOT 4, FROM
"B-4" GENERAL BUSINESS DISTRICT TO "B -5" PRIMARY BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; 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 Wayne Lundquist, Trustee, 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,
.January 24, 2007 during a meeting of the Planning Commission, and on Tuesday,
February 27. 2007, 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
`hrist3 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 Joslin Tracts, Block 2, Lot 4, located north of South
padre Island Drive and approximately 1,500 feet west of Ennis Joslin Drive from "B -4"
general Business District to "B -5" Primary Business District. (Zoning Map 039034)
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
ardinance.
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,
except as changed by this ordinance and any other ordinances adopted on this date,
°emain 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 •epealed
Page 2 of 3
SECTION 6. A vioiation of this ordinance or requirements implemented under this
rdinance 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
_.,orpus 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
mmediate 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 27th day of February, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: February 22 2007
Zt0)71tik.
;a V' , Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
LE , R \Shared, Ga,ySiageldav2U,7',2 ; 7yC 05 Lundqust reg doc
Page 3 of 3
Corpus Christi, Texas
day of 200
TO THE MEMBERS OF THE CITY COUNCIL
(.Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council
Respectfully. Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A Kinnisor
Melody Cooper
Jesse Noyola
Mark Scott
DIR\SharecinGarvS\ager ial2007\2 ; Lundquist reg doc
20
‘( ENDA MEMORANDUM
PUBLIC HEARING — ZONING
C�tv
ounc i l Action Date: 02/27/07)
Case No. 0107 -06, Christus Spohn Health System: A change of zoning from an "A -1" Apartment
s -louse District tc an "AB' Profess! ma! Office District on property described as Bayview
subdivision. Block O. I t loctted at 1217 Ocean Drive between Morgan Avenue and
gait_ Street
Planning Commission & Staff's Recommendation (January 24, 2007): Approval of the
\B" professional Office District
Requested Council Action: Appr wv& eft the "AB Professional Office District.
Summary
Request: The applicanl has requested a change of zoning to an "A13" Professional Office District
from the "A-1- Apartment House District. The existing duplex will be converted into administrative
offices for (`hristus Sp .hn Hospital
Existing Land t se: lie property is ,urrently used as a multi family use with two dwelling units.
The area to the south is used as mnedicai offices and is an extension of the Spohn Hospital complex.
The property to the ease and acrt-ss Ocean Drive is the Holiday Inn hotel. The properties abutting the
subiect propertx to the -forth and west are all developed as multi family uses.
Transportation! Parking: the -,ubject property will have access along Ocean Drive. The driveway
wily only be accessible to vehicles traveling in the south easterly lanes of Ocean Drive. The proposed
nor: medical office use will require parking at one (I space for every 250 square feet of floor area.
The existing building i approxitnatel ;. I.800 sq ft and will require 7 parking spaces.
Utilities: All .aA. utilities are ax ailah(e to the site
Building Code Compliance: .I he conversion of a residential structure (duplex) to an office use will
require code upgrades to the structure in meetin.. building code requirements prior to a certificate of
occupancy ((' :eft)) being issue(
Comprehensive Plan and Land Use Compatibility: The future land use map recommends
neighborhood .ommere ial development for the subject propert_v. The zoning change request is
consistent with the future land u -,e man
da `- • . ; oranGi r,
"1.'406 tt. hr ' +ohr f1eiili
Notification: 01 the fourteen .4 iotices mailed to the surrounding property owners, zero (0) were
returned in favor and zero f 0) were eturned in opposition. The 20% rule is not invoked. This case is
considered non - controversial.
`'1(.F( 1bip
Attachments:
7,rning Repo-t
/ )ning Mai.
Manning (ommisseon Minutes (() 24107
)rdinance
,HARF't) he e >�
�fl ('
d/TY,LL lt 1/1
,t ‘. vMFMI!d;��
Deborah A. Marroquin, P.E.
Interim Director of Development Services
CITY COUNCIL
ZONING REPORT
(ase No. 0107 -06
City Council Hearing Date: februar\ 27, 200"
ciitl Applicant
— a. Owner Same as applican'
cz oA t
�, t ,Agent Cc'ECS- lnc
Legal Description /Location: Bayview Subdivision. Block 6, Lot 5, located at 1217 Ocean
.0 G Drive hem een Morgan A'- enue and Craig Street.
Christus Spohn Health System
From: A -1 Apartment douse District
C To: AB' Professional Office Distric
Area: 0.165 acres
e Purpose of Request: Col version of existing duplex into administrative offices for Christus
Spohn Hospital.
Zoning Existing Land Use
Site "A -1" Apartment house District Multi Family
Vorth A-2 SP- Apartment 1- -louse
Multi Family
District with a Special Permit
South "B -2" Bayfront Business District Professional Offices
East } "B -2" Bayfront Business District Commercial Tourist
West AB" Professional Office District Multi Family
Future Land Use
Neighborhood Commercial
Neighborhood Commercial
Neighborhood Commercial
Mixed -use tourist
Neighborhood Commercial
CL
:a o
7 *get
Area Development Plan "T The South Central Area Development Plan's (ADP) adopted future
land use map recommend neighborhood commercial uses for the site. The "AB" Professional
Office distric =t is donsisten with he Plan'. recommended land use.
Zoning Violations: Aone
( as.. Nit) iO -06 t I rsstus sitohn itea:'n ti.��rrnl
t_ .2
Stan's Summ:
• Request: I he appliLant has requested a change of zoning to an "AB" Professional Office
1)!s?rict frc.;n the " 1 ^apartment House. District. The existing duplex will be converted
in,, adnuin ,trans e + tfice> for Christus Spohn Hospital.
• F.xisttng Land I. se! ['he property i s currently used as a multi family use with two
dwelling units_ [he area ti., the south is used as medical offices and is an extension of the
Spohn Hospital corn le'. = he property to the east and across Ocean Drive is the Holiday
Inn hotel '.he properties abutting the subject property to the north and west are all
developed , s multi t tmii: ases.
• Transportations Parking: 1 he subject property will have access along Ocean Drive. The
dr eway ,, i I I On I‘ t aecessible to ' ehicles traveling in the south easterly lanes of Ocean
proposot non medical ottice use will require parking at one (1) space for every
250 square feet of tT for area The e \isting building is approximately 1,800 sq. ft. and will
require - parking. spaces
• t lilities: =k11 c ities ire available to the site.
• Building (ode Compliance: The conversion of a residential structure (duplex) to an office
use tt i 1 1 require code upgrades to the structure in meeting building code requirements prior
to a certificate of oc upancY (C of O) being issued.
• Comprehensive Plan and Land Use Compatibility The future land use map
recommends neighborhood commercial development for the subject property. The zoning
change request is consistent with the future land use map.
Street K.U. W
Ocean
Street
>rne
Morgan
Type Paved Section
100 ft. ROW with 80 ft. of
rterial pavement including the
landscaped median.
vuterial 7$ ft. ROW with a 50 ft.
axed section
Volume
(2001)
25,670
3,540
a
• 0
The property is platted
epartment 4. omments
9 tie tng Li tall �e request is consistent with the future land use map and meets the
(k:re- ser fr,t the =south Central Area Development Plan for the future development
that rer
'le ,ut -Sect properr ; -, located in Planning Area ( of the South Central Area
. looment PI< r : Ptease see he excerpt below concerning Area C)
POLI(Y S"T ATI:MENT B.33 — Planning Area C
Redevelopment within the Lov - to Mid -Rise Professional Office and Residential
areas of Area (. should be encouraged as long as the redevelopment does not
detract from the residential neighborhood. Much of this area is used for single -
am:ly .r multi -i trni residential or for professional offices. Professional office uses
ire generally compatihie with single- and multi - family development in this area.
Neighborhood serving commercial uses of low intensity may be considered for the area
it weve�, 24 -hou' commercial uses. bars or clubs should not be allowed.
#rristu� Spohn 1!calth systems is the owner of the medical office site to the south and
he 4ubicct property: they plan to incorporate the two locations into one site plan. This
II ali< ,harec parking and access to the subject property from Morgan Avenue.
its 4 . create ar, additional access point and reduce the number of vehicles entering
ha ,ubi<,ct proper!) Ocean i)ri)e
7
Recommendation
Applev al ,0fthe AB Pr'tessional Office District.
Appro■ a At the AR essronal Officv District.
Notices \Jailed 14
Favor 0
Opposition t)
(As of January : 2, 200"
Attachment; toning Map
BUFORD
CORPUS
CHRISTI
BAY
B -2 /SP
Case 0107 -06
-a-m Rura District
❑ � Residentiar Estate Disrrct
RA One Famiiv Dwelling District
A 'Dee Faulk. Dwelling ['strict
:B Jne
Fart-oh, Dwelling ['1st—et
• C ..one Fan,uy Dwelling Cistret
Apartment House Dist -nt
A Apartment House Dist`i :'.
Apartmelt House Disto
apartme IF `ourist D s,arc=
'rofess,cna Office ^J,str c
R ')wnnou.e Dweling District
R Multiple District
T ;.3 Travel Tr - Ier Parer District
Manufactured Berne Park Distict
Ma ufact :led Home Subdivision District
MC Histur ca; ulturai <_andmark P- enervation
rgnr ;n, . :.sir ,istrict
Heavy 1.- dustr -ai District
Special -ermt
Planned P;- - opment
B -1 Neighborhood Business District
8-14 Neighborhood Business District
B -2A Barrier Island Business District
B -2 Bayfront Business District NORTH
BD Corpus Christi Beach Design Dist.
B -3 Business District 0 100 200
B -a General Business District
B -5 Primary Business District
8-6 Primary Business Core District
i 1 Limited Industrial District
Feet
HK /O8JANO7
MINUTES
TES
RF :GULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - January 24, 2007
5:30 P.M.
COMMISSIONERS PRESENT
Rudy Garza, Vice C'hairman
;=red Braselton *Lett at '00 :.m.
Milano J Huerta
on J Kelly
k hnny R tilartinez
i'Iichael Puslev *.Arrived at
atnes Skrobarczvk
ohn C Lanky
COMMISSIONERS ABSENT
R Bryan Stone. Chairman
CALL TO ORDER 5:30 p.m.
A quorum + as declared present and the meeting was called to order at 5:30 p.m.
ZONING
Ne+, Zoning
i t `ase No t) i 07 -06
STAFF:
Debbie A. Marroquin, P.E. Interim Director of
Development Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Mary Frances Teniente, PE, Assistant Director
of Development Services/ Special Services
(ristina Fratilla, P.E.
Robert Payne. AICP, Senior City Planner
Mic Raasch, City Planner
glary Smith, Assistant City Attorney
Bail Perry. Recording Secretary
Christus Spohn Health System: A change of zoning from an "A -1"
Apartment House District to an "AB" Professional Office District
Bayx iew Subdivision. Block 6. Lot 5, located at 1217 Ocean Drive between
Morgan Atienue and Craig Street.
Robert Payne presented the above case requesting an "AB" Professional Office District.
he applicant is proposing conversion of the existing duplex located on Ocean Drive into
administrate. e ofTiccs in connection with Spohn Hospital.
'Tie surrounding land use is orimartly neighborhood commercial with tourist uses located to the
Last and is vonsistenl with the ;.otnprehensive land use map. Staff recommends approval.
In answer t, Commissioner Puslev question. the existing structure and driveway will
onnect with the existing parking +1
Public hearing was opened
John Kendall. 3833 Staples, Corpus Christi, Texas /Tim Burgunder, Christus Spohn
iospital 171 2 Santa Fe. Corp is Christi. Texas stated that the facility will be non - medical use and
N- DIR,Si, DBe, y2.1 ' I, "vlinutesdo
annmr rr_;_s ��r: 1iruj ..
nuarti 4 -,i
:ge 9
office hour= Will be from 8`00 a.m, to 5:00 p.m. Monday through Friday and the applicant has a
bndscaping plan -o beautify the development and renovation of the interior portion of the
n (ildin
Public '1ear ing v., as 4osec•
Motion for approva )f the -AB" Professional Office District was made by Commissioner
Risley and seconded bk t ommsssioner Tamez Motion passed unanimously with Chairman
one being absent
PLN -DIR SHARF(' Bever!\ 2t (7 ( t ,)107- 06'vlinutes dog.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CHRISTUS SPOHN HEALTH SYSTEM, BY CHANGING THE
ZONING MAP IN REFERENCE TO BAYVIEW SUBDIVISION, BLOCK 6,
LOT 5, FROM "A -1" APARTMENT HOUSE DISTRICT TO "AB"
PROFESSIONAL OFFICE DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; 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 Christus Spohn Health System, 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,
January 24. 2007, during a meeting of the Planning Commission, and on Tuesday,
February 27. 2007 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
`o appear and be heard; and
WHEREAS, the City Council nas determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
>hristi 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 Bayview Subdivision, Block 6, Lot 5, located at
1217 Ocean Drive between Morgan Avenue and Craig Street from "A -1" Apartment
House District to "AB" Professional Office District. (Zoning Map 045043)
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
rdinance.
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,
except as changed by this ordinance and any other ordinances adopted on this date,
°emain 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
orpus 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
;mmediate 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 27th day of February, 2007
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
Henry Garrett,
City Secretary Mayor, City of Corpus Christi
APPROVED: February 22, 2007
Gary VV Smith
Assistant City Attorney
For City Attorney
\LEG- COR \Shared'GaryS'\age>idai2GC7\2 '71C'C?' -06 Chrestus Spann reg doc
Page 3 of 3
Corpus Christi, Texas
day of 2007
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 Cty Council
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A Kinnisor
Melody Cooper
Jesse Noyo la
Mark Scott
H LE G-D1R \ Shared \GaryS \agenda 2007\2-273107-06 Christus Spohn reg.doc
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 27, 2007
SUBJECT: AEP Texas Central Company's Requested Increase to Electric Transmission and
Distribution Rates Charges Within the CEty
AGENDA ITEM:
Public hearing to consider AEP Texas Central Company's requested increase in its electric
transmission and distribution rates ;and charges within the City.
B An ordinance of the City of Corpus Christi, Texas finding after reasonable notice and hearing,
that AEP Texas Central Company's requested increases to its electric transmission and
distribution rates and charges within the City should be denied; providing for recovery of rate case
expenses; preserving regulatory rights of the City; resolving other provisions related to the subject
=natter hereof, and declaring an emergency
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Oik -.0-7?-
Oscar R. Martinez
Assistant City Manager
Attachments:
BACKGROUND INFORMATION
Background
On November 9, 2( t06, [CC filed with the PUC and all Cities in TCC's service territory an
application to increase electric transmission and distribution ( "T &D ") revenues by $62.7 million or
7,0 The case has been assigned P1 !C Docket No 33309. TCC's application requests approval ofa
$2 '_. million (23 1% increase over the Company's transmission revenues during the 12 -month test
year period ending June 3C 2006 in addition, TCC is requesting a $41.7 million (10.7 %) increase
over its test year distribution revenues. In combination with the proposed distribution rate increase,
the Company's proposed elimination of two merger savings and rate reduction riders will increase
Tt 's distribution revenues by a -otal of 15.8% The Company noticed a December 14, 2006
effective date. The electric T &D rates at issue are charged to the retail electric providers operating in
Tt ( 's service territory who ultimately will pass on those charges to retail consumers, including
municipal members of the South Texas Aggregation Project ( "STAP "). Consequently, any rate
increase adopted in this case will adversely impact members of STAP, as well as residential
ck ,nsumers.. businesses, an other municipal electric accounts served by TCC.
oncurrently with the TCC filing, AEP Texas North Company ( "TNC ") also has filed an
application seeking to increase its transmission and distribution revenues in PUC Docket No. 33310.
These two rate filings have been consolidated for purposes ofa hearing, although separate orders will
be issued n each case
`The City, pursuant to § 33 >01 of the Public Utility Regulatory Act, has exclusive original
jurisdiction over the electric rates charged by the Company. In accordance with that authority the
City. on December i 2, 2006, suspended the effective date for 90 days giving the City time to evaluate
the application Also in its suspension resolution, the City authorized joining with other cities to
investigate the Company' s rates, and retained the law firm of Lloyd Gosselink Blevins Rochelle &
Townsend of Austin, Texas Thus far, eighty -two (82) cities have joined together to suspend the
rates and ro inter\ene in the case at the PVC Consultants were hired to review various aspects of
the Company's request All reasonable consulting and legal fees are, by law, reimbursable by the
C otnparsy
On March € 3, 200', Cities representatives will be filing at the PUC the testimony of expert
w itnesses A hearing is scheduled to begin at the PUC on April 12, 2007. A summary of the
preliminary recommendations of the Cities" consultants regarding TCC's rate increase application is
reflected below.
Cong,ltant Recommendations
Based on the analysis conducted to date, Cities' consultants have determined that TCC's
proposed T &D revenues should be reduced by approximately $61.5 million. Discovery is still
continuing, and the Cities' consultants will refine their recommendations prior to finalizing and filing
their testimony however, the recommended reduction to TCC's base revenue requirements
presented for adoption by the City is well- supported by the findings to date by Cities' consultants and
is expected to reasonably reflect the Cities' final position when testimony is filed on March 13.
Cities have assembled a tean7 0 °' experts with vast regulatory experience. Each is highly
,lualified to evaluate the assigned issues All of Cities' consultants understand that this is an
Important case in determining whether electric charges in TCC's service area can be controlled at a
reasonable level or whether they will be allowed to continue to increase year by year as they have
. nie retail ,:ompetition was introduced in 2002 The Cities' consultants have made the following
preliminary findings
Distribution Revenues. T( C has claimed a distribution base rate revenue deficiency of
approximately $40.5 million. However. Cities' consultants have identified certain reasonable
adjustments to TCC s proposed rate base, revenues, operating expenses, and return on equity, that
together total $47 6 million After these adjustments are applied, TCC's existing distribution base
ates produce an annual revenue surplus of $7 15 million. Accordingly, Cities' consultants are
ecommending such a reduction to TCC's distribution revenues.
Transmission Revenues. T( `C has also claimed a transmission base rate revenue deficiency
�f approximately $20 6 million. However, Cities' consultants have identified a number ofreasonable
adjustments to the Company s transmission rate base, revenues, expenses, and return on equity, that
total $13 9 million These recommended adjustments have the effect of reducing TCC's claimed
transmission revenue deficiency from $20 6 million to $6 7 million. The Cities' consultants
recommend a transmission rate increase in the amount of $6,729,000.
The combined result of Cities' r ecommended adjustments would be to reduce TCC's
proposed revenues for transmission and distribution service by approximately $61.6 million and
Thereby virtually eliminate the overall increase proposed by TCC The net effect of Cities'
adjustments would be a $6.7 million (7.4 %) increase to TCC's test year transmission revenues and a
S7 15 million (1.8 %) decrease to the Company's test year distribution revenues.
The Cities' consultants are also evaluating TCC's proposed class cost allocation and rate
design and will be opposing certain new proposed riders that would allow the Company to
automatically flow - through future costs of energy efficiency and advanced metering without filing a
new base rate case
Recommendation
The electric rate ordinance adopts the Cities consultants' preliminary recommendation that
FCC's proposed revenues for transmission and distribution service should be denied. Similar rate
ordinances are being considered and adopted by the other participating Cities.
Failure to take action on TCC's application by March 14, 2007 would allow TCC,
under the Public Utility Regulatory Act, to implement the Company's proposed rates. It is
recommended that the proposed rate Ordinance be adopted.
ORDINANCE. NO.
A\ ORDINANCE OF THE ('ITY OF CORPUS CHRISTI,
FE ;tiAS FINDING, AFTER REASONABLE NOTICE AND
HEARING, THAT AEP TEXAS CENTRAL COMPANY'S
REQUESTED INCREASES TO ITS ELECTRIC
TRANSMISSION AND DISTRIBUTION RATES AND
CHARGES WITHIN THE CITY SHOULD BE DENIED;
PROVIDING FOR RECOVERY OF RATE CASE
EXPENSES; PRESERVING REGULATORY RIGHTS OF
THE. CITY; RESOLVING OTHER PROVISIONS RELATED
I t7 THE SUBJECT FETTER HEREOF; ANI) DECLARING
AN EMERGENCY
HEREAS pursuant to ti 3 3 001 of the Public Utility Regulatory Act, the City has
-._t tusr e original snrisdi Aior. the electric rates, operations, and services provided within
A HERE i on
;,mpany ") filed .1ith
c; stribc ti on rates
A HERE. / s, the 3
ienr e:_+ by reso ion
HEREAS the i
. rpiicatic- =n and it rC2ornn
e "its , f the ('ompan .
HERE =�. the =.
its T7ansm,ssi�.}�r and
r
lies should star ;r_ affect
tFr
it
about vo' rnber 9, 11006. AEP Texas Central Company ( "TCC" or
be City an ;_ipplicatioi seeking to increase electric transmission and
)n a sys`em -�w,de basis
ompan.. proposed an effective date of December 14, 2006, that was
pre'. id.' time to study the reasonableness of the application;
itv, in to reasonably noticed public hearing, considered the Company's
�:endatror from the City's consultants who were retained to evaluate the
pplic:ati n.
ity has ietc rrnined tha the Company's requested increase in revenues
istrrbuta o ,,stems within the City should be denied, and that current
NOW, I HERE FORE, BE iT t IRDAINI D BY THE CI Y COUNCIL OF THE CITY
CORPUS CHRISTI. F.X.A
51 CTIO\ Fh <<t the rats proposed by AEP Texas Central Company, to be recovered
Hugh its electric, transmission and distribution rates charged to customers located within the
l�r�irs, are ne:eh fc�and, aft! reasonable notice and hearing. to be unreasonable and shall
en= .c.
I_ CTIO\ .,hit the rmpanv shah continue to ::barge its existing rates for
t rrsm°ssion and distribut on sere es 1, customers within the City.
�1 CTIO\ rhm t fees and expenses in:;urred by the City related to these proceedings
snail be reimbursed by th, Company pursuant to lie Public Utility Regulatory Act.
7T10V ' na the me ar.; at which this Ordinance was adopted was open to the
c, :is requ rec i ex _its 1"\v_ ;id '. at advance public notice of the time, place and purpose
id e tiny � , c. et
11Oy ' i ha this. )r Ana ce shall he served on AFT Texas Central Com any by
Vlai io the C o r1pany s audio zed representative, Nancy Napolitano, 400 West 15' Street,
Austin. Texas "870'
TTION r Tha nothihi. contained it this Ordinance shall be construed now or
.f iiehftei i lirnit4 me difving. in in' manner. the right and power of the City under law to
e :ate 'hc rates and charLes of Al P csas Central Company
'TIO' That aeon v r rten -equest of the Mayor or five Council members, copy
ached. the City ( huncil 1 1) finds and declares an emergency due to the need for immediate
,fiction necessary 1 r the efficient and effective administration of City affairs and (2) suspends the
I =arter rule that requires considera on of and voting upon ordinances at two regular meetings so
h zt ii_his ordinance k passe,1 and tai, es .f rwet upon first reading as an emergency measure this the
iii.lebruan. 70(7
A f_'1 ES If: THE CITY OF CORPUS CHRISTI
Aunando ('hapa
Secretary
>P Oi ID. February 21 20(:x`"
1 i a Aguilar
Assistant ( ity Attcmc
O • ( :Ay :y?torneN`
Henry Garrett
Mavcr
22
CITY COUNCIL
A.GENDA MEMORANDUM
City Council Action Date: February 27, 2007
A, ;ENDA. ITEM:
-:ordinance providing tor the issuance of the General Improvement Bonds, Series 2007A, of the
( ir4 of 1 `orpus Christi, Texas, in an aggregate principal amount not to exceed $31,500,000;
establishing parameters regarding the sale of the bonds; providing for the levy, assessment and
collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the
payment of the principal thereof: repealing all ordinances in conflict herewith; approving the
xecution of documents n connection with the sale of the bonds, including execution of a bond
purchase contras : and pr hviding °hat this ordinance shall be in force and effect from and after the
.t•< passage
ISSUE.
''he Cite Issued $60,000,000 in General Obligation Bonds in June, 2005 as part of the $95,000,000 voter
approved capital projects 1 he City is now ready to issue the remaining balance of the authorization in order to
sw, within the necessary timelines for completion of the projects.
Amount Amount Amount
Authorized Purpose Previously Sold* Now Offered
$6k,35f.000 Street Improvements 1;52,364,000 ** $15,986,000
900.000 Fire Station Improvements 400,000 1,500,000
`,660.000 Library & Learning Center Imp 2,160,000 3,500,000
406.000 Park & Recreation Improvements 7,406,000 -0-
1.684 000 Bav ront Development Imp. 1,500,000 10,184,000
$95,000000 $63,830,000 $31,170,000
* includes premium received from sale of bonds
** Includes $3,830.000 in bonds soli through the Texas Military Preparedness Commission Loan
REQUIRED COUNCIL ACTION:
(itv Council approval of the ordinance providing for the issuance of General Improvement Bonds is
requested
CONCLUSION AND RECOMMENDATION:
City Staff recommends that the C ty Council approve the ordinance as stated.
Cindy O'Brien
Director of Financial Services
Attachments:
C ordinance for Genera mproe cment Bonds
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF THE GENERAL
IMPROVEMENT BONDS, SERIES 2007A, OF THE CITY OF CORPUS CHRISTI,
TEXAS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$31,500,000; ESTABLISHING PARAMETERS REGARDING THE SALE OF THE
BONDS; PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A
TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE
A SINKING FUND FOR THE PAYMENT OF THE PRINCIPAL THEREOF;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; APPROVING THE
EXECUTION OF DOCUMENTS IN CONNECTION WITH THE SALE OF THE
BONDS, INCLUDING THE EXECUTION OF A BOND PURCHASE CONTRACT;
AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT
FROM AND AFTER THE DATE OF ITS PASSAGE.
WHEREAS, it is deemed advisable and to the best interest of the City of Corpus Christi
the "City" or the "Issuer") that certain bonds authorized at an election held November 2, 2004 be
combined in a single issue and sold at this time, the amount of bonds authorized thereat, purpose,
amount of bonds previously sold. and the amount now to be sold being as follows:
AMOUNT
AUTHORIZED PURPOSE
$68,350.000 Street Improvements
1,900,00C Fire Stator Improvements
5,660 00C Library 8 Learning Gtr. Improvements
7,406,000 Park and Recreation Improvements
11,684,000 Bayfront Development Improvements
AMOUNT
PREVIOUSLY SOLD'
$ 52,364,000 +
400,000
2,160,000
7,406,000
1,500,000
$ 95,000 CO i $ 63,830,000
(nciudes premium received from sale of Ponds
Inciudes $3,830.000 in bonds sold and pending delivery on March 15 2007
AMOUNT
NOW OFFERED
$ 15,986,000
1,500,000
3,500,000
-0-
10,184,000
$ 31,170,000
WHEREAS, the City is a home -rule municipality, acting as such under the Constitution and
laws of the State of Texas, has a population in excess of 50,000 and has outstanding Tong -term
indebtedness that is rated by a nationally recognized rating agency for municipal securities in one
of the four highest rating categories for long -term obligations; and
WHEREAS, because of fluctuating conditions in the municipal bond market, the City
Council has determined to delegate to the Mayor, the City Manager and the Director of Financial
Services the authority to effect the sale of the bonds hereinafter authorized for the purposes
hereinafter described; and
WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to
Chapters 1251 1331 and 1371 Texas Government Code, as amended, and the Charter of the
NOW, THEREFORE, BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS
1. That the bond or bonds of the City of Corpus Christi, Texas (the "City" or the "Issuer ")
to be called "General Improvement Bonds, Series 2007A" (the "Bonds" or the "Series 2007A
Bonds "), be issued under and by virtue of the Constitution and laws of the State of Texas and the
Charter of the City for the following purposes: improving the streets of the City; constructing fire
station improvements; constructing library and learning center improvements; and constructing
Bayfront development improvements tall of such improvements approved at the November 2,
2004 election hereinafter collectively called the "Project "), in the aggregate principal amount of
$31 ' 70,000; and to pay the costs of issuance of the Series 2007A Bonds.
2. (a) That initially there shall be issued, sold, and delivered hereunder fully registered
bonds without interest coupons, numbered consecutively from R -1 upward, payable to the
respective initial registered owners thereof, or to the registered assignee or assignees of the
Series 2007A Bonds or any portion or portions thereof, in the denomination of $5,000 or any
Integral multiple thereof (an "Authorized Denomination "), maturing not later than March 1, 2038,
payable serially or otherwise on the dates, in the years and in the principal amounts, respectively,
and dated, all as set forth in the Purchase Contract.
(b) It is hereby found and determined to be in the best interests of the City for the Series
2007A Bonds to be issued under this Ordinance to be sold through a negotiated sale pursuant to
the procedures set forth herein Samco Capital Markets is hereby designated to be the senior
managing underwater for the Series 2007A Bonds. The City Manager, acting for and on behalf
of the City, is authorized to enter into and carry out the Purchase Contract with the Underwriters,
in substantially the form attached hereto and made a part hereof for all purposes, with such
changes as may be necessary to effect the sale of the Series 2007A Bonds to the Underwriters.
The Series 2007A Bonds shall be sold to the Underwriters at such price, and subject to such terms
and conditions as set forth in the Purchase Contract, as shall be determined by the City Manager
pursuant to subsection (c) below. The authority of the City Manager to execute the Purchase
Contract shall expire it the Purchase Contract has not been executed and delivered by the City
and by the Underwriters (acting through their duly designated representative) by 5:00 p.m., Friday,
Apr,; 20, 2007 Any finding or determination made by the City Manager relating to the issuance
and sale of the Series 2007A Bonds and the execution of the Purchase Contract in connection
therewith shall have the same force and effect as a finding or determination made by the City
Oouncil.
(c) As authorized by Chapter 1 371, the City Manager is hereby authorized, appointed, and
designated to act on behalf of the City in selling and delivering the Series 2007A Bonds and
carrying out the other procedures specified in this Ordinance, including determining and fixing the
date of the Series 2007A Bonds any additional or different designation or title by which the Series
2007A Bonds shall be known, the aggregate principal amount of the Series 2007A Bonds, the
date of delivery of the Series 2007A Bonds, the price at which the Series 2007A Bonds will be
sold the years in which the Series 2007A Bonds will mature, the principal amount of Series 2007A
Bonds to mature an each of such years the rate of interest to be borne by each such maturity, the
interest payment periods, the dates, price, and terms upon and at which the Series 2007A Bonds
shall be subject to redemption prior to maturity at the option of the City, as well as any mandatory
sinking fund redemption provisions, and all other matters relating to the issuance, sale, and
delivery of the Series 2007A Bonds. including, without limitation, obtaining a municipal bond
insurance policy in support of al or any portion of the Series 2007A Bonds, all of which shall be
specified in the Purchase Contract; provided, that (i) the price to be paid for the Series 2007A
Bonds shall not less than 95 °/o )f the aggregate original principal amount thereof, plus accrued
nterest, if any thereon from the date of their delivery and (ii) none of the Series 2007A Bonds
shah bear interest at a rate greater than 10% per annum. The foregoing notwithstanding, the City
Manager shall not execute and deliver the Purchase Contract unless the City shall have been
advised by a nationally recognized rating agency for municipal securities that the Series 2007A
Bonds shall be assigned a rating in one of the four highest rating categories for Tong -term
nbliaations
(d) in connection with the offer and sage of the Series 2007A Bonds, the City Council
approves the use of the preliminary official statement in substantially the form attached to this
Ordinance. The City Manager and the Director of Financial Services are authorized and directed
to provide for and oversee the preparation of a preliminary and final official statement in
connection with the issuance of Me Series 2007A Bonds, and to approve such preliminary and
final official statement and deem such preliminary official statement final in compliance with the
Rule (hereinafter defined) and to provide it to the Underwriters of the Series 2007A Bonds in
compliance with the Rule.
3. (a) That the Series 2007A Bonds may be subject to redemption prior to their scheduled
maturities at the option of the City, on the dates and in the manner as provided in the Purchase
Contract. Should the Purchase Contract provide for the redemption of the Series 2007A Bonds
prior to their scheduled maturities at the option of the City, if less than all of the Series 2007A
Bonds are to be redeemed by the City. the City shall determine the maturity or maturities and the
amounts thereof to be redeemed and shall direct the Paying Agent/Registrar(hereinafter defined)
4-
to ,.ail by lot Series 2007A Bonds, or portions thereof, within such maturity or maturities and in
sucn orincipa amounts, for redemption; provided, that during any period in which ownership of the
Series 2007A Bonds is determined only by a book entry at a securities depository for the Series
20(7A Bonds if fewer than all of the Series 2007A Bonds of the same maturity and bearing the
same interest rate are to be redeemed, the particular Series 2007A Bonds of such maturity and
bearing such interest rate shall he selected in accordance with the arrangements between the City
and the securities depository
(b) Should the Purchase Contract provide for the mandatory sinking fund redemption of
the Series 2007A Bonds, the terms and conditions governing any such mandatory sinking fund
redemption and the payment of sinking fund redemption payments relating thereto shall be as set
fortn !n the Purchase Contract
(c) At least 30 days prior to the date fixed for any redemption of the Series 2007A Bonds,
the City shall cause (i J a written notice of such redemption to be deposited in the United States
mak first -class postage prepaid addressed to each such registered owner at the address thereof
shown on the Registration Books (hereinafter defined) of the Paying Agent/Registrar and (ii) notice
of
sucn redemption either to be published one 1) time in or posted electronically on the website
1 a financial journal or publication of general circulation in the United States of America or the
State of Texas carrying as a regular feature notices of municipal bonds called for redemption;
provided, however, that the failure to send, mail, or receive such notice described in (i) above, or
any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness
:>f the proceedings for the redemption of any Series 2007A Bond, and it is hereby specifically
Provided that the provision of notice described in (ii) above shall be the only notice actually
equ:red in connection with or as a prerequisite to the redemption of any Series 2007A Bonds.
By the date fixed for any such redemption, due provision shall be made with the Paying
Agent/Registrar for the payment of the required redemption price for the Series 2007A Bonds or
the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed
for redemption if sucn notice of redemption is given, and if due provision for such payment is
made all as provided above the Series 2007A Bonds or the portions thereof which are to be so
redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall
not pear interest after the date fixed for their redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive the redemption price plus
accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds
Provided for such payment. The Paying Agent /Registrar shall record in the Registration Books
all such redemptions of principal of the Series 2007A Bonds or any portion thereof. If a portion
of any Series 2007A Bond shall be redeemed a substitute Series 2007A Bond or Series 2007A
Bonds having the same maturity date, bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000. at the written request of the registered owner,
and n an aggregate principal amount equal to the unredeemed portion thereof, will be issued to
the registered owner upon the surrender thereof for cancellation, at the expense of the City, all
as provided in this Ordinance in addition to the foregoing, the City shall cause the Paying
Agent/Registrar to give notice of any such redemption in the manner set forth in Section 5(h)
hereof The failure to cause such notice to be given, however, or any defect therein, shall not
affect the validity or effectiveness of such redemption.
4. That the Series 2007A Bonds shall bear interest calculated on the basis of a 360 -day
year composed of twelve 30 -day months from the dates specified in the FORM OF BOND set forth
n this Ordinance. to their respective dates of maturity at the rates set forth in the Purchase
Contract, Interest on the Bonds shall be payable commencing on the date as set forth in the
Purchase Contract, anti: the maturity o prior redemption of the Bonds.
_6.
5. (a) That the City shad keep or cause to be kept at the designated corporate trust office
in Dallas, Texas the "Designated Trust Office ") of The Bank of New York Trust Company, National
Association the "Paying Agent/Registrar"), or such other bank, trust company, financial institution,
or other agency named in accordance with the provisions of (g) below, books or records of the
registration and transfer of the Series 2007A Bonds (the "Registration Books "), and the City
hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books
or records and make such transfers and registrations under such reasonable regulations as the
City and Paying Agent Registrar may prescribe; and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar
to obtain from the registered owner and record in the Registration Books the address of such
registered owner of each bond to which payments with respect to the Series 2007A Bonds shall
be mailed, as herein provided The City or its designee shall have the right to inspect the
Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the
Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise
required by law shall riot permit their inspection by any other entity. Registration of each Series
2007A Bond may be transferrer in the Registration Books only upon presentation and surrender
)f such bond to the Paving Agent/Registrar for transfer of registration and cancellation, together
with proper written instruments of assignment in form and with guarantee of signatures satis-
'actor to the Paying Agent/Registrar evidencing the assignment of such bond, or any portion
hereof in an Authorized Denomination to the assignee or assignees thereof, and the right of such
assignee or assignees to have such bond or any such portion thereof registered in the name of
such assignee or assignees Upon the assignment and transfer of any Series 2007A Bond or any
portion thereof, a new substitute bond or bonds shall be issued in exchange therefor in the
manner herein provider!
(b) The entity in whose name any Series 2007A Bond shall be registered in the
Registration Books at any time shad be treated as the absolute owner thereof for all purposes of
this Ordinance. whether or not such bond shall be overdue. and the City and the Paying
Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account
of, the principal of, premium. if any and interest on any such bond shall be made only to such
registered owner All such payments shall be valid and effectual to satisfy and discharge the lia-
ailityy upon such bond to the extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent
for paying the principal of and interest on the Series 2007A Bonds, and to act as its agent to
exchange or replace Series 2007A Bonds, all as provided in this Ordinance. The Paying
Agent/Registrar shall keep proper records of all payments made by the City and the Paying
Agent/Registrar with respect to the Series 2007A Bonds, and of all exchanges thereof, and all
replacements thereof, as provided in this Ordinance_
(d) Each Series 2007A Bond may be exchanged for fully registered bonds in the manner
set forth herein, Each bond issued and delivered pursuant to this Ordinance, to the extent of the
unredeemed principal amount thereof may, upon surrender thereof at the Designated Trust Office
of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the
option of the registered owner o, such assignee or assignees, as appropriate, be exchanged for
Cully registered bonds, without interest coupons in the form prescribed in the FORM OF BOND,
n an Authorized Denomination (subject to the requirement hereinafter stated that each substitute
Pond shall have a single stated maturity date), as requested in writing by such registered owner
or such assignee or assignees :n an aggregate principal amount equal to the unredeemed
principal amount of any Series 2007A Bond or Series 2007A Bonds so surrendered, and payable
to the appropriate registered owner, assignee or assignees, as the case may be. If a portion of
any Series 2007A Bond shall be redeemed prior to its scheduled maturity as provided herein, a
substitute bond or bonds having the same maturity date, bearing interest at the same rate, in an
Authorized Denomination at the request of the registered owner, and in an aggregate principal
amount equal to the unredeemed portion thereof, will be issued to the registered owner upon sur-
render thereof for cancellation If any Series 2007A Bond or portion thereof is assigned and
transferred, each bond issued n exchange therefor shall have the same principal maturity date
and bear interest at the same rate as the bond for which it is being exchanged. Each substitute
bond shall bear a letter and /or number to distinguish it from each other bond. The Paying
Agent/Registrar shall exchange or replace Series 2007A Bonds as provided herein, and each fully
registered bond or bonds delivered in exchange for or replacement of any Series 2007A Bond or
oortion thereof as permitted or required by any provision of this Ordinance shall constitute one of
the Series 2007A Bonds for all purposes of this Ordinance, and may again be exchanged or
replaced. It is specifically provided, however, that any Series 2007A Bond delivered in exchange
for or replacement of another Series 2007A Bond prior to the first scheduled interest payment date
on the Series 2007A Bonds (as stated on the face thereof) shall be dated the same date as such
Series 2007A Bond, but each substitute bond so delivered on or after such first scheduled interest
Payment date shall be dated as of the interest payment date preceding the date on which such
substitute bond is delivered, unless such substitute bond is delivered on an interest payment date,
in wriich case it shall be dated as of such date of delivery; provided, however, that if at the time
of delivery of any substitute bond the interest on the bond for which it is being exchanged has not
Peen paid, then such substitute bond shall be dated as of the date to which such interest has been
oaid in full. On each substitute bond issued in exchange for or replacement of any Series 2007A
9..
Bond or Series 2007A Bonds issued under this Ordinance there shall be printed thereon a Paying
Agent/Registrar's Authentication Certificate, in the form hereinafter set forth in the FORM OF
BOND (the "Authentication Certificate"). An authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such substitute bond, date such substitute bond
n the manner set forth above, and manually sign and date the Authentication Certificate, and no
suc±- substitute bond shall be deemed to be issued or outstanding unless the Authentication
Certificate is so executed, The Paying Agent/Registrar promptly shall cancel all Series 2007A
Bonds surrendered for exchange or replacement. No additional ordinances, orders, or resolutions
need be passed or adopted by the City Council or any other body or person so as to accomplish
the foregoing exchange or replacement of any Series 2007A Bond or portion hereof, and the
Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
bonds in the manner prescribed herein Pursuant to Chapter 1206, Texas Government Code, the
duty of exchange or replacement of any Series 2007A Bond as aforesaid is hereby imposed upon
the Paying Agent/Registrar, and, upon the execution of the Authentication Certificate, the
exchanged or replaced bond shall be valid, incontestable, and enforceable in the same manner
and with the same effect as the Series 2007A Bonds which originally were delivered pursuant to
this Ordinance approved by the Attorney General, and registered by the Comptroller of Public
Accounts. Neither the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer,
or exchange any bond during a period beginning at the opening of business 30 days before the
day of the first mailing of a notice of redemption of bonds and ending at the close of business on
the day of such mailing or (2) tc transfer or exchange any bond so selected for redemption in
whole when such redemption is scheduled to occur within 30 calendar days.
(e) All Series 2007A Bonds issued in exchange or replacement of any other Series 2007A
Bono or portior thereof (i) shall ire issued in fully registered form, without interest coupons, with
the principal of and interest or such Series 2007A Bonds to be payable only to the registered
owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred
and assigned, iv may be exchanged for other Series 2007A Bonds, (v) shall have the
characteristics (vi) shall be signed and sealed. and (vii) the principal of and interest on the Series
2007A Bonds shall be payable all as provided, and in the manner required or indicated, in the
FORM OF BOND
(f) The City shall pay the Paying Agent/Registrar's reasonable and customary fees and
charges for making transfers of Series 2007A Bonds, but the registered owner of any Series
2007A Bond requesting such transfer shall pay any taxes or other governmental charges required
to be paid with respect thereto. The registered owner of any Series 2007A Bond requesting any
exchange shalt pay the Paying Agent/Registrar's reasonable and standard or customary fees and
charges for exchanging any such bond or portion thereof, together with any taxes or governmental
charges required to be paid with respect thereto, all as a condition precedent to the exercise of
such privilege of exchange, except. however. that in the case of the exchange of an assigned and
transferred bond or bonds or any portion or portions thereof in any integral multiple of $5,000, and
in the case of the exchange of the unredeemed portion of a Series 2007A Bond which has been
redeemed in part prior to maturity, as provided in this Ordinance, such fees and charges will be
paid by the City. In addition, the City hereby covenants with the registered owners of the Series
2007A Bonds that it will pay (i) the reasonable and standard or customary fees and charges of the
Paying Agent /Registrar for its services with respect to the payment of the principal of and interest
on the Series 2007A Bonds. when due, and (ii) the fees and charges of the Paying
Agent /Registrar for services with respect to the transfer or registration of Series 2007A Bonds
solely to the extent above provided. and with respect to the exchange of Series 2007A Bonds
solely to the extent above provided
(g) The City covenants with the registered owners of the Series 2007A Bonds that at all
times while the Series 2007A Bonds are outstanding the City will provide a competent and legally
qualified bank. trust company, financial institution, or other agency to act as and perform the
services of Paying Agent/Registrar for the Series 2007A Bonds under this Ordinance, and that the
Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying
Agent/Registrar In the event that the entity at any time acting as Paying Agent/Registrar (or its
successor by merger, acquisition, or other method) should resign or otherwise cease to act as
such the City covenants that promptly it will appoint a competent and legally qualified national or
state banking institution which shall be a corporation organized and doing business under the laws
of the United States of America or of any state, authorized under such laws to exercise trust
powers, subject to supervision or examination by federal or state authority, and whose
qualifications substantially are similar to the previous Paying Agent/Registrar to act as Paying
Agent/ Registrar under this Ordinance. Upon any change in the Paying Agent /Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Series 2007A Bonds,
to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in
the Paving Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the
new Paying Agent/Registrar to each registered owner of the Series 2007A Bonds, by United
States mail, first -class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ord nonce shall be delivered to each Paying Agent/Registrar.
(h) i; In addition to the manner of providing notice of redemption of Series 2007A
1 2-
Bonds as set forth in this Ordinance. the Paying Agent/Registrar shall give notice of redemption
of Series 2007A Bonds by United States mail, first -class postage prepaid, at least 30 days prior
to a redemption date to each NRMSIR and the SID (each as defined in Section 14 hereof). Any
notice sent to the NRMSIRs or the SID shall be sent so that they are received at least two days
prior to the general mailing or publication date of such notice. The Paying Agent/Registrar shall
alsc send a notice of redemption ro any owner of a Series 2007A Bond who has not sent the
Series 2007A Bonds in for redemption 60 days after the redemption date.
(ii) Each redemption notice, whether required in the FORM OF BOND or otherwise by
this Ordinance, shall contain a description of the Series 2007A Bonds to be redeemed, including
the complete name of the Series 2007A Bonds. the series, the date of issue, the interest rate, the
maturity date; the CUSIP number. if any, the amounts called of each certificate, the publication
and mailing date for the notice the date of redemption, the redemption price, the name of the
Paying Agent/Registrar and the address at which the Series 2007A Bond may be redeemed,
ncluding a contact person and telephone number.
(iii) Ail redemption payments made by the Paying Agent/Registrar to the registered
Dwners of the Series 2007A Bonds shall include CUSIP numbers relating to each amount paid to
such registered owner
6. That the form of all Series 2007A Bonds, including the form of the Comptroller's
Registration Certificate to accompany the Series 2007A Bonds on the initial delivery thereof, the
Corm of the Authentication Certificate and the Form of Assignment to be printed on each of the
Series 2007A Bonds, shall be respectively, substantially as set forth in Exhibit A to this
Ordinance, with such appropriate variations, omissions, or insertions as are permitted or required
by this Ordinance
7. (a) That a special fund or account, to be designated the "City of Corpus Christi, Texas
Series 2007A General improvement Bonds Interest and Sinking Fund" (the "Interest and Sinking
Fund ") is hereby created and shall be established and maintained by the City at its official
depository bank. The nterest and Sinking Fund shall be kept separate and apart from all other
funds and accounts of the City. and shall be used only for paying the interest on and principal of
the Series 2007A Bonds. All taxes levied and collected for and on account of the Series 2007A
Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During
each year while any of the Series 2007A Bonds is outstanding and unpaid, the City Council of the
City shall compute anc ascertain the rate and amount of ad valorem tax, based on the latest
approved tax rolls of the City, with full allowances being made for tax delinquencies and costs of
tax collections which will be sufficient to raise and produce the money required to pay the interest
on the Series 2007A Bonds as such interest comes due, and to provide a sinking fund to pay the
principal of the Series 2007A Bonds as such principal matures, but never less than 2% of the
,original principal amount of the .Series 2007A Bonds as a sinking fund each year. Said rate and
amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable
property in the City for each year while any of the Series 2007A Bonds is outstanding and unpaid,
and said ad valorem tax shall be assessed and collected each such year and deposited to the
credit of the Interest and Sinking Fund The ad valorem taxes necessary to pay the interest on
and anncipal of the Series 2007A Bonds, as such interest comes due, and such principal matures,
are hereby pledged for such uurpose, within the limit prescribed by law. There shall be
appropriated from the General Cund of the City for deposit into the Interest and Sinking Fund
moneys as may be necessary to pay any scheduled debt service payments on the Series 2007A
Bonds through March 1 2008, The rate of ad valorem tax that may be levied in connection with
the payment of the debt service on the Series 2007A Bonds may be set at such a rate such that
the aggregate rate of ar valorem tax levied by the City in any fiscal year may exceed the 68 cent
a..
per $100 tax rate cap provided in the City Charter as such Series 2007A Bonds fall within the
provisions of the City Charter as amended by the vote of the citizens on April 4, 1993, that permit
said rate cap to be exceeded for Ponds approved by the citizens at an election held for such
purpose,
(b) That the City hereby creates and establishes and shall maintain on the books of the
City a separate fund tc be entitled the "Series 2007A General Improvement Bonds Construction
Fund` (the "Construction Fund" • for use by the City for payment of all lawful costs associated with
the acquisition, improvement and extension of the Project as hereinbefore provided. There shall
be deposited to the Construction Fund those proceeds from the sale of the Bonds specified in the
Metter of instructions described 11 Section 15 of this Ordinance. Upon payment of all such costs,
any moneys remaining on deposit in the Construction Fund shall be transferred FIRST to the
'Rebate Fund" established pursuant to Section 10 of this Ordinance, to the extent the City is liable
to pay rebate amounts to the United States of America pursuant to the terms of the Code and
NEXT to the interest and Sinking Fund
(c) Chapter 1208, Texas Government Code, applies to the issuance of the Series 2007A
Bonds and the pledge of ad valorem taxes made under Section 7(a) of this Ordinance, and such
pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the
Series 2007A Bonds are outstanding and unpaid such that the pledge of ad valorem taxes made
ay the City under Section 7(a) of this Ordinance is to be subject to the filing requirements of
Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners
of the Series 2007A Bonds the perfection of the security interest in said pledge, the City agrees
to take such measures as it determines are reasonable and necessary under Texas law to comply
with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing
to perfect the security interest in said pledge to occur.
8. (a) That in the event any outstanding Series 2007A Bond is damaged, mutilated, lost,
stolen or destroyed. the Paying Agent/Registrar shall cause to be printed, executed, and
delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged,
mutilated, lost. stolen or destroyed Series 2007A Bond, in replacement for such Series 2007A
Bond ,n the manner hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Series
2007A Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or
destruction of a Series 2007A Bond the applicant for a replacement bond shall furnish to the City
and to the Paying Agent/Registrar such security or indemnity as may be required by them to save
each of them harmless from any loss or damage with respect thereto. Also, in every case of loss,
theft Or destruction of a Series 2007A Bond, the applicant shall furnish to the City and to the
?ayng Agent /Registrar evidence to their satisfaction of the loss, theft, or destruction of such
Series 2007A Bond_ as the case may be. in every case of damage or mutilation of a Series
2007A Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the
Series 2007A Bond so damaged or mutilated
(c) Notwithstanding the foregoing provisions of this Section, in the event any such Series
2007A Bond shall have matured. and no default has occurred which is then continuing in the
payment of the princpai of, redemption premium, if any, or interest on the Series 2007A Bond, the
City may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Series 2007A Bond) instead of issuing a replacement Series 2007A Bond,
crowded security or indemnity is furnished as above provided in this Section.
(d) Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge
the owner of such Series 2007A Bond with all legal, printing, and other expenses in connection
therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of
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the fact that any Series 2007A Bond is lost, stolen. or destroyed shall constitute a contractual
obligation of the City whether or not the lost, stolen, or destroyed Series 2007A Bond shall be
found at any time, or ne enforceable by anyone, and shall be entitled to all the benefits of this
Ordinance equally and proportionately with any and all other Series 2007A Bonds duly issued
under this Ordinance
(e) In accordance with Chapter 1206. Texas Government Code, this Section of this
Ordnance shall constitute authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the City or any other body or person, and the
duty of the replacement of such bonds is hereby authorized and imposed upon the Paying
Agent /Registrar, subject to the conditions imposed by this Section 8 of this Ordinance, and the
Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with
the effect, as provided in Section 5(d) of this Ordinance for Series 2007A Bonds issued in
exchange for other Series 2007A Bonds,
9, That the City Manager of the City is hereby authorized to have control of the Series
2007A Bonds and all necessary records and proceedings pertaining to the Series 2007A Bonds
pending their delivery and their investigation, examination and approval by the Attorney General
pf the State of Texas, and their egistration by the Comptroller of Public Accounts of the State of
Texas Upon registration of the Series 2007A Bonds, the Comptroller of Public Accounts (or a
deputy, designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate accompanying the Series 2007A Bonds, and the seal of said Comptroller
sha+= be impressed, or placed in facsimile, on each such certificate.
10. That the Issuer covenants to take any action to assure, or refrain from any action
which would adversely affect. the treatment of the Series 2007A Bonds as obligations described
,n section 103 of the Internal Revenue Code of 1986 (the "Code "), the interest on which is not
ncludable in the "gross income" of the holder for purposes of federal income taxation. In
furtherance thereof, the Issuer covenants as follows:
s;a to take any action to assure that no more than 10 percent of the proceeds
of the Series 2007A Bonds or the projects financed therewith (less amounts deposited to
a reserve fund. if any) are used for any "private business use ", as defined in section
141(b)(6 i of the Code or, it more than 10 percent of the proceeds are so used, that
amounts whether or not received by the issuer, with respect to such private business use,
do not, under tree terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Series 2007A Bonds, in contravention of section 141(b)(2) of the Code;
b tc take any action to assure that in the event that the "private business use"
described fn subsection (a) hereof exceeds 5 percent of the proceeds of the Series 2007A
Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if
any) then the amount in excess of 5 percent is used for a "private business use" which is
"related" and no "disproportionate ", within the meaning of section 141(b)(3) of the Code,
to the governmental use.
c) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Series 2007A Bonds (less amounts
deposited into a reserve Lund, if any) is directly or indirectly used to finance loans to per-
sons, other than state or local governmental units, in contravention of section 141(c) of the
,ode
Id) to refrain from taking any action which would otherwise result in the Series
2007A Bonds being treated as "private activity bonds" within the meaning of section 141(b)
of the Code;
e) to refrain from taking any action that would result in the Series 2007A Bonds
being "federally guaranteed" within the meaning of section 149(b) of the Code;
ro refrain from using any portion of the proceeds of the Series 2007A
Bonds, directly or indirectly. to acquire or to replace funds which were used, directly or indi-
rectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which
produces a materially higher yield over the term of the Series 2007A Bonds, other than
investment property acquired with --
1) proceeds of the Series 2007A Bonds invested for a reasonable
temporary period of three years or less, until such proceeds are needed for the
purpose for which the Series 2007A Bonds are issued,
2) amounts invested in a bona fide debt service fund, within the
meaning of section , 148 -1(b) of the Treasury Regulations, and
i 3) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Series 2007A Bonds;
to otherwise restrict the use of the proceeds of the Series 2007A Bonds or
amounts treated as proceeds of the Series 2007A Bonds, as may be necessary, so that
the Series 2007A Bonds do not otherwise contravene the requirements of section 148 of
the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code
(relating to advance refundings): and
to pay to tie United States of America at least once during each five -year
period (beginning on the date of delivery of the Series 2007A Bonds) an amount that is at
least equal to 90 percent of the "Excess Earnings ", within the meaning of section 148(f)
of the Code and to pay t7 the United States of America, not later than 60 days after the
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Series 2007A Bonds have been paid in full, 100 percent of the amount then required to
be paid as a result of Excess Earnings Jnder section 148(f) of the Code.
For purposes of the foregoing clauses (a) and (b) above, the Issuer understands that the term
'proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case
of a refunding bond. transferred proceeds (if any) and proceeds of the refunded bonds expended
prior to the date of the issuance of the Bonds. It is the understanding of the Issuer that the
covenants contained herein are ntended to assure compliance with the Code and any regulations
or rulings promulgated by the U S Department of the Treasury pursuant thereto. In the event that
eguratnons or rulings are hereafter promulgated which modify or expand provisions of the Code,
as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained
herein to the extent that such failure to comply, in the opinion of nationally- recognized bond
counsel, will not adversely affect the exemption from federal income taxation of interest on the
Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are applicable to the Bonds, the Issuer
agrees to comply with the additional requirements to the extent necessary, in the opinion of
r=ationally- recognized bond counsel to preserve the exemption from federal income taxation of
interest on the Bonds under section 103 of the Code. In furtherance of the foregoing, the Mayor,
the City Manager. any Assistant City Manager, and the Director of Financial Services may execute
any certificates or other reports required by the Code and to make such elections, on behalf of the
ty, which may be permitted by the Code as are consistent with the purpose for the issuance of
the Bonds.
in order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby
established by the City for the sole benefit of the United States of America, and such Rebate Fund
shall not be subject to the claim of any other person. including without limitation the registered
-2C
owners of the Bonds The Rebate Fund is established for the additional purpose of compliance
with section ' 48 of the Code.
11 That the City covenants to account for on its books and records the expenditure of
proceeds from the sale of the genes 2007A Bonds and any investment earnings thereon to be
used for the Project in accordance with the requirements of the Code. The City recognizes that
n order for the proceeds to be considered used for the reimbursement of costs, the proceeds
must be allocated to expenditures within 18 months of the later of the date that (a) the expenditure
on a Project is made o° (b) each such Project is completed; but in no event later than three years
after the date on which the original expenditure is paid. The foregoing notwithstanding, the City
recognizes that in order for proceeds to be expended under the Code, the sale proceeds or
investment earnings must be expended no more than 60 days after the earlier of (a) the fifth
anniversary of the date of delivery of the Series 2007A Bonds or (b) the date the Series 2007A
Bonds are retired. The City agrees to obtain the advice of a nationally- recognized bond counsel
if such expenditure fails to comply with the foregoing to assure that such expenditure will not
adversely affect the tax - exempt status of the Series 2007A Bonds. For purposes of this Section,
the City shall not be obligated to comply with this covenant if it obtains an opinion of a nationally -
° ecognized bond counsel to the effect that such failure to comply will not adversely affect the
excludability for federa: income tax purposes from gross income of the interest.
12. That the Issuer covenants that the property constituting a Project or other property
financed or refinanced with the proceeds of the Series 2007A Bonds will not be sold or otherwise
disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation,
unless the Issuer obtains an opinion of nationally - recognized bond counsel substantially to the
effect that such sale or other disposition will not adversely affect the tax - exempt status of the
Series 2007A Bonds. For purposes of this Section, the portion of the property comprising
.21..
personal property and disposed of in the ordinary course of business shall not be treated as a
transaction resulting in the receipt of cash or other compensation. For purposes of this Section,
the issuer shall not be obligated to comply with this covenant if it obtains an opinion of nationally -
recognized bond counsel to the effect that such failure to comply will not adversely affect the
excludability for federa income tax purposes from gross income of the interest.
13. That interest earnings derived from the investment of proceeds from the sale of the
Series 2007A Bonds shall be used along with other available bond proceeds for the construction
of the Project for which a portion of the Series 2007A Bonds are issued; provided, that after
Corn pletion of such permanent improvements, if any of such interest earnings remain on hand,
such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided,
nowever, that any interest earnings on bond proceeds which are required to be rebated to the
United States of America pursuant to Section 10 hereof in order to prevent the Series 2007A
Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings
for the purposes of this Section
14. sa Definitions That as used in this Ordinance, the following terms have the
meanings ascribed to such terms below:
`MAC" means the Municipal Advisory Council of Texas.
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time
to time
"Rule" means SEC Rule 5c2 -12, as amended from time to time.
SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information
depository within the meaning of the Rule from time to time. The MAC currently serves as the SID
for the State of Texas.
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(b) Annual Reports. (I The City shall provide annually to each NRMSIR and any SID,
within six months after the enc of each fiscal year ending in or after 2007, financial information
and operating data with respect to the City of the general type described in Exhibit B hereto. Any
financial statements so to be provided shall be (1) prepared in accordance with the accounting
principles described r Exhibit B hereto, or such other accounting principles as the City may be
required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City
commissions an audit of such statements and the audit is completed within the period during
which they must be provided. If the audit of such financial statements is not complete within such
period, then the City snail provide unaudited financial statements by the required time, and shall
provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID,
when and if the audit report on such statements becomes available.
(ii) If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change
anc of the date of the new fiscal year end) prior to the next date by which the City otherwise
would be required to provide financai nformation and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be set
forth in full in one or more documents or may be included by specific reference to any document
including an official statement u, other offering document, if it is available from the MSRB) that
heretofore has been provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB in a timely manner, of an r of the following events with respect to the Series 2007A Bonds,
such event is materia= within the meaning of the
federal securities laws:
Principal and interest payment delinquencies;
2. Non- payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5, Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax - exempt status of the Series 2007A
Bonds.
7 Modifications to rights of holders of the Series 2007A Bonds;
8. Series 2007A Bond calls;
9. Defeasances;
10 Release, substitution or sale of property securing repayment of the Series 2007A
Bonds; and
11 Rating changes
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data in accordance with subsection
b) jf this Section by the time required by such subsection. Any filing under this Section may be
mane solely by transmitting such filing to the MAC as provided at http: / /www.disclosureusa.org,
Jnless the SEC has withdrawn, the interpretive advice stated in its letter to the MAC dated
September 7 2004
(d) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Series 2007A Bonds within the meaning of the
Rule except that the City in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes any Series 2007A Bonds no longer to be outstanding.
iii) The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Series 2007A Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right. remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's financial results, condition, or prospects or to update any information
provided in accordance with this Section or otherwise. except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its usefulness
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to a decision to invest in or ser Series 2007A Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY SERIES 2007A BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE CITY', WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH
PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL
BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions
of this Section as so amended. would have permitted an underwriter to purchase or sell Series
2007A Bonds in the primary offering of the Series 2007A Bonds in compliance with the Rule,
taking into account any amendments or interpretations of the Rule since such offering as well as
such changed circumstances and (2';- either (a) the holders of a majority in aggregate principal
amount (or any greater amount required by any other provision of this Ordinance that authorizes
such an amendment) of the outstanding Series 2007A Bonds consent to such amendment or (b)
a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines
tnat such amendment will not matenaily impair the interest of the holders and beneficial owners
of the Series 2007A Bonds. If the City so amends the provisions of this Section, it shall include
with any amended financial information or operating data next provided in accordance with
subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment
and of the impact of any change in the type of financial information or operating data so provided.
The .ity may also amend or repeal the provisions of this continuing disclosure agreement if the
SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters
udgment that such provisions of the Rule are invalid, but only if and to the extent that the
provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling
Series 2007A Bonds in the primary offering of the Series 2007A Bonds.
15. That the proceeds from the sale of the Series 2007A Bonds shall be used in the
manner described in the letter of instructions executed by or on behalf of the City. The foregoing
notwithstanding. any proceeds representing accrued interest on the Series 2007A Bonds shall be
deposited to the credit of the Interest and Sinking Fund, and proceeds received from the sale of
the Series 2007A Bonds representing premium paid by the Underwriters may be expended in the
manner provided in Section 1201.042(d), Texas Government Code; provided, that in no event
shall the proceeds from the sale of the Series 2007A Bonds be expended on the Project, as
described in Section 1 of this Ordinance, in an aggregate amount in excess of $31,170,000.
16. That the Series 2007A Bonds initially shall be issued and delivered in such manner
mat no physical distribution of the Series 2007A Bonds will be made to the public, and The
Depository Trust Company ( "DTC "). New York, New York, initially will act as depository for the
Series 2007A Bonds DTC has represented that it is a limited purpose trust company incorporated
Linder the laws of the State of New York. a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing
agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and
the Cty accepts, but in r10 way verifies.. such representations. The Series 2007A Bonds initially
authorized by this Ordinance shall be delivered to and registered in the name of CEDE & CO., the
nominee of DTC. It is expected that DTC will hold the Series 2007A Bonds on behalf of the
Underwriters and their participants So long as each Series 2007A Bonds is registered in the
name of CEDE & CO the Paying Agent/Registrar shall treat and deal with DTC the same in all
respects as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain
a book -entry system which will ,dentify ownership of the Series 2007A Bonds in integral amounts
of $5 000, with transfers of ownership being effected on the records of DTC and its participants
pursuant to rules and regulations established by them, and that the Series 2007A Bonds initially
deposited with DTC snail be immobilized and not be further exchanged for substitute Series
2007A Bonds except as hereinafter provided. The City is not responsible or liable for any
functions of DTC, will not be responsible for paying any fees or charges with respect to its
services, will not be responsible or liable for maintaining, supervising, or reviewing the records of
DTC or its participants or protecting any interests or rights of the beneficial owners of the Series
2007A Bonds it shall be the duty of the DTC Participants, as defined in the official statement
herein authorized to be prepared in connection with the sale of the Series 2007A Bonds, to make
all arrangements with DTC to establish this book -entry system. the beneficial ownership of the
Series 2007A Bonds, and the method of paying the fees and charges of DTC. The City does not
represent, nor does it in any wav covenant that the initial book -entry system established with DTC
will oe maintained in the future. Notwithstanding the initial establishment of the foregoing book -
entry system with DTC if for any reason any of the originally delivered Series 2007A Bonds is duly
filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided
for ,n this Ordinance. substitute Series 2007A Bonds will be duly delivered as provided in this
Ordinance and there will be no assurance or representation that any book -entry system will be
maintained for such Series 2007A Bonds. In connection with the initial establishment of the
foregoing book -entry system with DTC, the City heretofore has executed a "Blanket Letter of
Representations" prepared by DTC in order to implement the book -entry system described above.
17. (a; Deemed Paid. That any Series 2007A Bond and the interest thereon shall be
deemed to be paid, retired and r =o longer outstanding (a "Defeased Bond ") within the meaning of
!his Ordinance. except to the extent provided in subsection (e) of this Section, when payment of
the principal of such Series 2007A Bond, plus interest thereon to the due date (whether such due
date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made
r► accordance with the terms thereof. or (ii) shall have been provided for on or before such due
date by irrevocably depositing with or making available to the Paying Agent/Registrar in
accordance with an escrow agreement or other instrument (the "Future Escrow Agreement ") for
such payment (1) lawful money of the United States of America sufficient to make such payment
andior (2) Defeasance Securities that mature as to principal and interest in such amounts and at
such times as wil} insure the availability. without reinvestment, of sufficient money to provide for
such payment and when proper arrangements have been made by the City with the Paying
AgentiRegistrar for the payment of its services until all Defeased Bonds shall have become due
and payable. At such time as a Series 2007A Bond shall be deemed to be a Defeased Bond
siereunder, as aforesaid, such :Series 2007A Bond and the interest thereon shall no longer be
secured by. payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein
levied and pledged as provided in this Ordinance, and such principal and interest shall be payable
solely from such money or Defeasance Securities. Upon entering into the Future Escrow
Agreement with respect to any such Series 2007A Bonds so defeased, such Series 2007A Bonds
shall no longer be outstanding for any purpose except for right of payment, and all rights of the
(-2ity to take any other action amending the terms of such Series 2007A Bonds shall be
extinguished.
8-
(b) Investments. Any moneys so deposited with the Paying Agent/Registrar may at the
written direction of the City be Invested in Defeasance Securities, maturing in the amounts and
times as hereinbefore set forth. and ail income from such Defeasance Securities received by the
Paying Agent/Registrar that is not required for the payment of the Series 2007A Bonds and
interest thereon, with respect to which such money has been so deposited, shall be turned over
to the City, or deposited as directed in writing by the City. Any Future Escrow Agreement pursuant
to which the money and /or Defeasance Securities are held for the payment of Defeased Bonds
may contain provisions permitting the investment or reinvestment of such moneys in Defeasance
Securities or the substitution of other Defeasance Securities upon the satisfaction of the
requirements specified in subsection (a)(i) or (ii) above. All income from such Defeasance
Securities received by the Paying Agent /Registrar which is not required for the payment of the
Defeased Bonds, with respect 'o which such money has been so deposited, shall be remitted to
the yC ty or deposited as directed in writing by the City.
(c) Selection of Defeased Bonds. In the event that the City elects to defease less than all
of the principal amount of Series 2007A Bonds of a maturity, the Paying Agent/Registrar shall
select, or cause to be selected, such amount of Series 2007A Bonds by such random method as
it deems fair and appropriate.
(d) Defeasance Obligations The term "Defeasance Securities" means (i) direct, noncallable
obligations of the United States of America, including obligations that are unconditionally
guaranteed by the United States of America. (ii) noncallable obligations of an agency or
instrumentality of the United States of America, including obligations that are unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date of the purchase
thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivaient anC (iii' noncallable obligations of a state or an agency or a county,
29-
municipality, or other political subdivision of a state that have been refunded and that, on the date
the governing body of the City adopts or approves the proceedings authorizing the financial
arrangements are rated as to investment quality by a nationally recognized investment rating firm
lot Bess than AAA or its equivalent.
(e) Continuing Duty of Paying Agent/Registrar. Until all Series 2007A Bonds defeased
_,nder this Section of this Ordinance shall become due and payable, the Paying Agent/Registrar
for such Series 2007A Bonds shall perform the services of Paying Agent/Registrar for such Series
2007A Bonds the same as if they had not been defeased, and the City shall make proper
arrangements to provide and pay for such seances.
18. (a) Events of Default Each of the following occurrences or events for the purpose
of th +s Ordinance is hereby declared to be an "Event of Default"
i the failure to make payment of the principal of or interest on any of the Series
2007A Bonds when the same becomes due and payable: or
r ii) default in the performance or observance of any other covenant, agreement or
obligation of the City. the failure to perform which materially, adversely affects the rights
of the registered owners of the Series 2007A Bonds, including, but not limited to, their
prospect or ability to be repaid #n accordance with this Ordinance, and the continuation
thereof for a period of 60 clays after notice of such default is given by any registered owner
to the City
=((b) Remedies for Default
�3;; Upon the happening of any Event of Default then and in every case, any
registered owner or an authorized representative thereof.. including, but not limited to, a
trustee o° trustees therefor, may proceed against the City, or any official, officer or
employee of the City +n their official capacity, for the purpose of protecting and enforcing
sfs-
the rights of the registered owners under this Ordinance, by mandamus or other suit,
action or special proceeding in equity or at law, in any court of competent jurisdiction, for
any relief permitted bv law including the specific performance of any covenant or
agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or
in violation of any right of the registered owners hereunder or any combination of such
remedies
It is provided that all such proceedings shall be instituted and maintained for the
equai benefit of all registered owners of Series 2007A Bonds then outstanding.
(c) Remedies ' Jot Exclusive
No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies but each and every such remedy shall be cumulative and
shall be n addition to every other remedy given hereunder or under the Series 2007A
Bonds or now or hereafter existing at law or in equity; provided, however, that
notwithstanding any other provision of this Ordinance, the right to accelerate the debt
evidenced by the Series 2007A Bonds shall not be available as a remedy under this
Ordina nce
The exercise of any remedy herein conferred or reserved shall not be deemed
a waiver of any other available remedy
By accepting the delivery of a Series 2007A Bond authorized under this
Ordinance. sun registered owner agrees that the certifications required to effectuate any
covenants or representations contained in this Ordinance do not and shall never constitute
or give rise to a personal or pecuniary liability or charge against the officers, employees
or trustees of the City or the City Council.
t v 1 None of the members of the City Council, nor any other official or officer,
agent, or employee of the City shall be charged personally by the registered owners with
any liability, or be held personally liable to the registered owners under any term or
provision of this Ordinance, or because of any Event of Default or alleged Event of Default
under this Ordinance
19. That the findings set forth in the preamble to this Ordinance are hereby incorporated
into the body of this Ordinance and made a part hereof for all purposes. All ordinances and
resolutions or parts thereof in conflict herewith are hereby repealed. For all purposes of this
Ordinance, unless the context requires otherwise, all references to designated Sections and other
subdivisions are to the Sections and other subdivisions of this Ordinance. The words "herein ",
"hereof' and "hereunder" and other words of similar import refer to this Ordinance as a whole and
not to any particular Section or other subdivision. Except where the context otherwise requires,
terms defined in this Ordinance fo impart the singular number shall be considered to include the
plural number and vice versa. References to any named person means that party and its
successors and assigns References to any constitutional, statutory or regulatory provision means
such provision as it exists on the date this Ordinance is adopted by the City and any future
amendments thereto or successor provisions thereof. Any reference to the payment of principal
this Ordinance sham be deemed to include the payment of any mandatory sinking fund
redemption payments as described herein. Any reference to "FORM OF BOND" shall refer to
rile form of the Series 2007A Bonds set forth in Exhibit A to this Ordinance. The titles and
headings of the Sections and subsections of this Ordinance have been inserted for convenience
of reference only and are not to ae considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof
20. That the Mayor, the City Manager, any Assistant City Manager, the Director of
Financial Services, the City Secretary or Assistant City Secretary, and all other officers,
-32-
employees, and agents of the City. and each of them, shall be and they are hereby expressly
authorized, empowered, and directed from time to time and at any time to do and perform all such
acts and things and to execute, acknowledge, and deliver in the name and under the seal and on
oehalt of the City al such instruments whether or not herein mentioned, as may be necessary or
desirable in order to carry out the terms and provisions of this Ordinance, the Series 2007A Bonds
or the Paying Agent/Registrar Agreement. In case any officer whose signature appears on any
Series 2007A Bond shall cease to be such officer before the delivery of such Series 2007A Bond,
such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she
nag remained in office until such delivery. The City Council hereby authorizes the payment of
the tee of the Office of the Attorney General of the State of Texas for the examination of the
proceedings relating to the issuance of the Series 2007A Bonds, in the amount determined in
accordance with the provisions of Section 1202.004, Texas Government Code.
21 That it is hereby officially found and determined that the meeting at which this
'Ordinance was passed was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended.
n accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this
Jrdinance shall be effective immediately upon its adoption by the City Council.
ADOPTED this Februar 27 2007,
Mayor, City of Corpus Christi, Texas
ATTEST.
City Secretary
Oity of Corpus Christi T exas (SEAL)
APPROVED THIS o3 DAY OF FEBRUARY, 2007
MARY KAY FISCHER. CITY ATTORNEY
11-7'5 (4 A n A)
al) ttf+°"
NC
EXHIBIT A
FORM OF BOND
JNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
GENERAL IMPROVEMENT BOND
SERIES 2007A
MATURITY DATE INTEREST RATE DATE OF DELIVERY CUSIP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI,
TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay
to_ , or to the registered assignee hereof (either being herein -
after called the "registered owner ") the principal amount of:
DOLLARS
and to pay interest thereon, from the Date of Delivery specified above, to the maturity date
specified above, or the date of is redemption prior to scheduled maturity, at the rate of interest
Per annum specified above, with said interest being payable on 1, 200_, and semi-
annually on each 1 and 1 thereafter; except that if the Paying Agent/Registrar's
Authentication Certificate appearing on the face of this Bond is dated later than 1,
200 such interest is payable semiannually on each 1 and 1 following such
late
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
oe paid to the registered owner hereof upon presentation and surrender of this Bond at maturity
or redemption prior to maturity at the designated corporate trust office in Dallas, Texas (the
"Designated Payment Office "), of The Bank of New York Trust Company, National Association,
which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall
be made by the Paying Agent/Registrar to the registered owner hereof as shown by the
Registration Books Kept by the Paying Agent/Registrar at the close of business on the 15th day
of the month next preceding such interest payment date by check, dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the
issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter
provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first -
class postage prepaid, 3n each such ! nterest payment date, to the registered owner hereof at its
address as it appears on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. Any accrued interest due at maturity or upon redemption of this Bond prior
to maturity as provided herein shall be paid to the registered owner upon presentation and
surrender of this Bond for redemption and payment at the Designated Payment Office of the
Paying Agent/Registrar The Issuer covenants with the registered owner of this Bond that no later
than each principal payment and'or interest payment date for this Bond it will make available to
*he Paying Agent/Registrar from the Interest and Sinking Fund as defined by the ordinance
authorizing the Bonds (the "Ordinance ") the amounts required to provide for the payment, in
mmediately available Linde of all principal of and interest on the Bonds, when due.
IN THE EVENT OF A NON - PAYMENT of interest on a scheduled payment date, and for
30 days thereafter, a new record date for such interest payment (a "Special Record Date ") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
nave been received from the Issuer. Notice of the Special Record Date and of the scheduled
payment date of the past due interest ( "Special Payment Date ", which shall be 15 days after the
Special Record Date) shall be sent at least five business days prior to the Special Record Date
by United States mail, first class postage prepaid, to the address of each registered owner of a
Bond appearing on the registration books of the Paying Agent/Registrar at the close of business
on the last business day next preceding the date of mailing of such notice.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the
Designated Payment Office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized
to close; and payment on such date shall have the same force and effect as if made on the
original date payment was due Notwithstanding the foregoing, during any period in which
ownership of the Bonds is determined only by a book entry at a securities depository for the
Bonds. any payment to the securities depository, or its nominee or registered assigns, shall be
made in accordance with existing arrangements between the Issuer and the securities depository.
THIS BOND is one of a Series of Bonds of like tenor and effect except as to number,
principal amount, interest rate, maturity and option of redemption, dated as of , 2007,
authorized in accordance with the Constitution and laws of the State of Texas in the principal
amount of $ , for the purpose of providing funds with which to (i) make and acquire
various public improvements for the City, in accordance with the Ordinance, and (ii) pay costs of
issuance related thereto
ON 1, 2C_. or or any date thereafter, the Bonds of this Series maturing on
, 20__ and thereafter may be redeemed prior to their scheduled maturities, at the option of the
issuer, in whole, or in part, at par and accrued interest to the date fixed for redemption. The years
of maturity of the Bonds called for redemption at the option of the City prior to stated maturity shall
be selected by the City The Bonds or portions thereof redeemed within a maturity shall be
selected by lot or other method by the Paying Agent/Registrar; provided, that during any period
n which ownership of the Bonds is determined only by a book entry at a securities depository for
the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate
are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be
selected in accordance with the arrangements between the Issuer and the securities depository.
THE BONDS are also subiect to mandatory redemption in part by lot pursuant to the terms
of the Ordinance, on with respect to Bonds maturing 1, 20_, in the
following years and in the following amounts, at a price equal to the principal amount thereof and
accrued and unpaid interest to the date of redemption, without premium:
Year Principal Amount
F =nai Maturity
To the extent, however, that Bonds subject to sinking fund redemption have been previously
purchased or called for redemption in part and otherwise than from a sinking fund redemption
payment, each annual sinking fund payment for such Bond shall be reduced by the amount
obtained by multiplying the principal amount of Bonds so purchased or redeemed by the ratio
which each remaining annual sinking fund redemption payment for such Bonds bears to the total
remaining sinking fund payments, and by rounding each such payment to the nearest $5,000
integral; provided, that during any period in which ownership of the Bonds is determined only by
a book entry at a securities depository for the Bonds, the particular Bonds to be called for
mandatory redemption shall be selected in accordance with the arrangements between the City
and the securities depository
AT LEAST 30 days prior to the date fixed for any such redemption (a) a written notice of
such redemption shall be given to the registered owner of each Bond or a portion thereof being
called for redemption by depositing such notice in the United States mail, first class postage
prepaid, addressed to each such registered owner at his address shown on the Registration
Books of the Paying Agent/Registrar and (b) notice of such redemption either shall be published
one (1) time in or posted electronically on the website of a financial journal or publication of
general circulation in the United States of America or the State of Texas carrying as a regular
feature notices of municipal bonds called for redemption; provided, however, that the failure to
send, mail, or receive such notice described in (a) above, or any defect therein or in the sending
or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the
edemption of any Bond, and the Ordinance provides that the provision of notice as described in
(b) above shall be the only notice actually required in connection with or as a prerequisite to the
redemption of any Bond. By the date fixed for any such redemption due provision shall be made
by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for
this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon to the
date faxed for redemption If s„ich notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof which is to be so
redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not
bear interest after the date fixed for its redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive the redemption price plus
accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds
provided for such payment. The Paying Agent/Registrar shall record in the Registration Books
all such redemptions of principa of this Bond or any portion hereof. If a portion of any Bond shall
be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the
same rate, in any denomination or denominations in any integral multiple of $5,000, at the written
fequest of the registered owner: and in aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation,
at the expense of the Issuer. all as provided in the Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without
interest coupons. in the denomination of any integral multiple of $5,000. As provided in the
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered
-)wner or the assignee nr assignees hereof, be assigned, transferred, and exchanged for a like
aggregate principal amount of fully registered bonds, without interest coupons, payable to the
appropriate registered owner, assignee, or assignees, as the case may be, having the same
maturity date, and bearing interest at the same rate, in any denomination or denominations in any
integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee,
or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar at
is Designated Trust Office for cancellation, all in accordance with the form and procedures set
forth in the Ordinance Among other requirements for such assignment and transfer, this Bond
must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be transferred and registered. The form of Assignment
;:hinted or endorsed or this Bond may be executed by the registered owner to evidence the
assignment hereof. but such method is not exclusive, and other instruments of assignment
satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond
3r any portion or portions hereof from time to time by the registered owner. The one requesting
such exchange shall pay the Paying Agent/Registrar's reasonable standard orcustomaryfees and
charges for exchanging any Bond or portion thereof. The foregoing notwithstanding, in the case
of the exchange of a portion of a Bond which has been redeemed prior to maturity, as provided
herein and in the case of the exchange of an assigned and transferred Bond or Bonds or any
Portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by
the Issuer. In any circumstance, any taxes or governmental charges required to be paid with
respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a
condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor
the Paying Agent/Registrar shall be required (1) to make any transfer or exchange during a period
beginning at the opening of business 30 days before the day of the first mailing of a notice of
redemption of bonds and ending at the close of business on the day of such mailing, or (2) to
transfer or exchange any Bonds so selected for redemption when such redemption is scheduled
to occur within 30 calendar days
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering or
transferring this Bond shall be modified to require the appropriate person or entity to meet the
requirements of the securities depository as to registering or transferring the book entry to produce
tie same effect
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer,
resigns. or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it
promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause
written notice thereof to be mailed to the registered owners of the Bonds.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series
of which it is a part, is duly authorized by law; that all acts, conditions and things required to be
done precedent to and in the issuance of this series of bonds, and of this Bond, have been
properly done and performed and have happened in regular and due time, form and manner as
required by law; that sufficient and proper provision for the levy and collection of taxes has been
made, which. when collected, shall be appropriated exclusively to the payment of this Bond and
the series of which it is a part; and that the total indebtedness of said City, including the entire
series of bonds of which this is one does not exceed any constitutional, statutory or charter
€imitation_
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in
the official minutes and records of the governing body of the Issuer, and agrees that the terms and
provisions of this Bond and the Ordinance constitute a contract between each registered owner
hereof and the Issuer
IN WITNESS 'WHEREOF, this Bond has been signed with the manual or facsimile
signature of the Mayor of said City, and attested with the manual or facsimile signature of the City
Secretary, and the official seal of the Issuer has been duly affixed to, or impressed, or placed in
facsimile, on this Bonc
ATTEST:
xxxxxxxxxxxxxx
City Secretary, City of
Corpus Christi, Texas
(SEAL )
xxxxxxxxxxxx
Mayor, City of Corpus Christi, Texas
FORM OF PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE
it is hereby certified that this Bond has been issued under the provisions of the
proceedings adopted by the Issuer as described in the text of this Bond; and that this Bond has
peer issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of
a bond or bonds of an issue which originally was approved by the Attorney General of the State
,f Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated'
T "HE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION,
Paying Agent/Registrar
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
:=OP VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
'lease insert Social Security or Taxpayer
dentification Number of Transferee
!Please print or typewrite name and address, including
zip code of Transferee)
the within Bond and all rights thereunder, and hereby
rrevocably constitutes and appoints
attorney to register the transfer of the within Bond on the
gooks kept for registration thereof, with full power of
substitution in the premises
Dated
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
dy a member firm of the New York Stock
Exchange or a commercial bank or trust
.ompany.
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration or
enlargement or any change whatsoever.
c=ORM OF COMPTROLLER'S CERTIFICATE (ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
hereby certify tnat there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Bond has been examined by him as required
by law and that he finds that it has been issued in conformity with the Constitution and laws of
the State of Texas, and that it is a valid and binding obligation of the City of Corpus Christi, Texas,
payable in the manner provided by and in the ordinance authorizing same, and said Bond has this
day been registered by me.
SEAL'
WITNESS MY HAND and seat of office at Austin, Texas
Comptroller of Public Accounts
of the State of Texas
The punter of the Series 2007A Bonds is hereby authorized to print on the Series 2007A Bonds
) the form of bond counsel's opinion relating to the Series 2007A Bonds, and (ii) an appropriate
statement of insurance furnished by a municipal bond insurance company providing municipal
bond insurance. if any. covering all or any part of the Series 2007A Bonds.
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following informaticr, is referred to in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or under
the Headings of the Official Statement referred to) below:
The information of the general type included in Appendix A under the headings "DEBT
PAYABLE FROM TAXES" "GENERAL REVENUES" and "AD VALOREM TAXES ".
Appendix C to the Official Statement, "Excerpts from the Annual Financial Report of the
City of Corpus Christi, Texas for the Fiscal Year Ended July 31, 2006 ".
Accounting Principles
The accounting principies referred to in such Section are the accounting principles
described in the notes to the financial statements referred to in paragraph 1 above.
HE STATE OF TEXAS
{BOUNTIES OF NUECES AND SAN PATRICIO
:,ITS OF CORPUS CHRISTI
Armando Chaoa, City Secretary of the City of Corpus Christi, in the State of Texas, do
nerebu certify that I have compared the attached and foregoing excerpt from the minutes of the
reguiaf open, public meeting of the j_.ity Council of the City of Corpus Christi, Texas held on
F=ebruary 27 2007 anc of Ordinance No.
which was duly passed at said meeting, and
that said copy is a true and correct copy of said excerpt and the whole of said ordinance.
in testimony whereof, I have set my hand and have hereunto affixed the seal of said City
t)f Cornus Christi this 7th day )f February. 2007.
City Secretary of the
City of Corpus Christi, Texas
SEAL
(:orpus C_s,bristi Texas
lay of 200'
he above ordinance was passed by the following vote:
Henry :3arrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnisor
Jon Marez
Jesse Noyola
Mark Scott
23
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation by Heather Stanton Moretzsohn, General Chair of the
Sister City Steering Committee, concerning multifaceted activities of the committee and
he cost associated with the continuation of those programs.
STAFF PRESENTER(S):
Name Title /Position
1, Sally Gavlik Director
2.
Department
Parks & Recreation
OUTSIDE PRESENTER(S)
Name Title /Position Organization
1 Heather Stanton Moretzsor n General Chair Sister City Steering Committee
2,
ISSUE- N/A
BACKGROUND: The Sister City Steering Committee has requested a
presentation to the City Council so Council may be made aware of the many
activities the committee engages in during the year. Of particular importance is
the Student Exchange program with our six sister cities throughout the world.
The committee would like for Council to consider the cost to continue this
excellent program during the upcoming budget cycle and the quality work the
Committee is currently providing for the City of Corpus Christi.
REQUIRED COUNCIL ACTION: N/A
Sally Ga ik, Director
Parks a rd Recreation
CORPUS CHRISTI SISTER CITY
STEERING COMMITTEE
• Who Are We
• What We Do
• Why have Sister Cities
• Our Biggest Challenge
• Our Solutions
WHO ARE WE
Noce Through People
• 50 YEARS OF •
The C-0 Sister City Steering Committee is an official program of the
city of Corpus Christi
The 21 member committee is appointed by the Mayor and City
Council
1
Sister City Program was created
in 1962, with Yokosuka, Japan
as our first Sister City
This newspaper photograph
shows former CC mayor Luther
Jones displaying garden stones
given to CC by Yokosuka, Japan
Sister City program promoted
OUR SISTER CITIES
2
WHAT WE DO
1 Student Exchange Program
2. Sister Cities International Young Artists Program
3. Sister Cities Parkway and Peace Pole
4. Elementary School Peace Pole
5. "VIP" Japan Visitors Program
6. Toledo Art & Music Exchange Programs
WHAT WE DO
College Level Spanish Language Training in Toledo
Wheelchairs for Peace
9. Keelung Port Agreement
10. Delegations from Corpus Christi to our Sister Cities
11, Flag Display at CC International Airport
3
STUDENT EXCHANGE
PROGRAM
• Students visit host student in
one of our Sister Cities for 2 to 3
weeks during summer
0
w
we
• CC student and host student
return to Corpus Christi for
2 to 3 weeks
Keelung, Taiwan
Monterrey, Mexico
Keelung, Taiwan
4
Student Presentations, Corpus Christi, October 2, 2006
INTERNATIONAL YOUNG ARTISTS
PROGRAM
• International competition
• Invites artwork from all Sister Cities
• Students ages 13 to 18 submit artwork
• 2001 — CC won 1S Place overall
• 2004 — CC won 2nd Place overall
■NO 11.,‘
rtx:4■•••
Omlingtograwr..
5
L
SISTER CITIES PARKWAY AND
PEACE POLE
CC Sister City C:ammittee
dedicated a parkway with Peace
Pole
I_ocatea at entrance of CC near
Federal Court House
t. %TY Of CORPUS C111014
§j SISTER CITY 1+
2 PEACE POLE �1
9,,. ,..
;61 1 in
/ F 1,1 y 3. y
11NNRR A,„,,.an:. ItS941 I.
L
IS
ELEMENTARY SCHOOL PEACE POLE
April 2004, Sister City Committee
dedicated peace pole
Schanen Estates Elementary School
Help students understand other cultures
6
"VIP" JAPAN VISITORS PROGRAM
(Volunteerism Internship Program)
Yokosuka,
Japan
• Visitors stay in CC for a few weeks
CC representative visits Japan for few
weeks
TOLEDO ART & MUSIC
EXCHANGE PROGRAMS
ART EXCHANGE
• CC sends artist to Toledo for annual art
contest
• CC hosts artist from Toledo
MUSIC EXCHANGE
• 2006, Flicka Rahn TAMUCC music
professor began music exchange
• Summer of 2007 CC church choir goes to
T 3ledo
7
COLLEGE LEVEL SPANISH
LANGUAGE TRAINING
V$910 Gracias
Hgsfa
PPonto
• CC College student selected
• Spends four weeks during the summer in Toledo, Spain
• Spanish language training
WHEELCHAIRS FOR PEACE
• CC Sister City Committee and local Rotary Foundation
raised money to donate 240 wheelchairs to Veracruz,
Mexico
8
DELEGATIONS TO SISTER CITIES
Toledo, Spain
CC AIRPORT FLAG DISPLAY
Sister City flags at the CC
International Airport
January 13, 2007
To raise awareness of our Sister
Cities
10
WHY HAVE SISTER CITIES?
To promote awareness of social, cultural, political, and economic
issues in the world
which leads to International understanding
which Educates and prepares our people for the global economy.
OUR BIGGEST CHALLENGE
Budget Cuts
$25,000 -('
$20,000
$15,000
$10,000
$5,000
$0
1998
77—Z7-47
r
2000 2002 2004
City Funds III Other Funds
11
OUR SOLUTIONS
Strategic Planning Session to set 5 year goals
Developed protocol for admitting new Sister Cities
3. Financial shift to students
a Fundraising and Grants
5. International Annual Expo
6. Collaborate with other organizations in CC
7. Formal request to City Council to reinstate our budget
STRATEGIC PLANNING
SESSION
• All day session on November 18,
2006
• Professional facilitator
• Established 5 year goals for the
Committee
12
NEW SISTER CITY PROTOCOL
• Developed protocol for admitting new Sister Cities with
uC
• New Sister City must have financial and community
support within CC
• Local group in CC must be able to maintain and support
new"
FINANCIAL SHIFT TO
STUDENTS
• Ask students to pay portion
of airfare
• Optional blogging on internet
with CorpusBeat Magazine
for small stipend
• Shift of financial commitment
to students and families
13
FUNDRAISING AND GRANTS
FUNDRAISING
First Annual Chess
Tournament
A fundraising event
Approx 3O school kids from
Nueces Oounty participated
GRANTS:
• Local and National Donors and
Organizations
INTERNATIONAL EXPO
140 Exhibitors
Over 500 visitors
Puts heads in beds
Brings patrons in restaurants and
hotels
14
COLLABORATION EFFORTS
ME PORT
Ti .
Port of Carpus Chnsti
Regional Economic Development Corporation
t IC International Airport
t Convention and Visitor's Bureau
;hambers of Commerce
Rotary Clubs
World Affairs Council COlpOS �fi[ Sll
ME
City of
Corpus
Christi
PAMR it
RECREATION
Tioru r.'tub o! ` O1pOF (Lug
C7wvel e.1 101+
0th11, [rum,' ,0-'41
FORMAL REQUEST
Peace Through People
• 50 YEARS OF •
• Global Otlzenship •
• Formal request to City Counsel to reinstate our budget
• Help support current programs and expand future programs
15
THANK roux
Gracias Merci
Arigato
24
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation by the Human Relations Department on the Equal Opportunity Rights in
Employment and Fair Housing education forum.
STAFF PRESENTER(S):
Nome Title /Position
1. Leon Bazar Director
Other Presenters:
1, (rvstal Lions, Chairperson, Human Relations Commission
( oretta Graham, President, NAACP
1 Dr. Nick Adame, President, Lt LAC Council No. 1
4. Nancy Vera, President, Lt'LAC Council No. 4444
5. Joe Ortiz. Civil Rights Director. American G.I. Forum
Department
Human Relations
ISSUE
The Human Relations Commission and Department and community partners will provide an
education activity on the equal opportunity rights protecting individuals from employment and
fair housing discrimination.
BACKGROUND:
Please see attached
REQUIRED COUNCIL ACTION:
None at this time.
Additional Background )0
Exhibits
Leon Bazar
Director of Human Relations
BACKGROUND INFORMATION
The 411 on Equal Opportunity Rights in Employment and
Fair Housing
The Human Relations Commission and Department, in fulfillment of their EEOC and HUD
contracts are providing this educational and outreach activity, in partnership with NAACP,
American G.I. Forum. LULAC Council No. 1, and LULAC Council No. 4444.
Activity Partners
These community partners have individuality expressed a concern that a lack of
information may not be available within our community regarding the rights of
individuals to an environment free of discrimination in employment and fair housing.
This collective effort, a first effort of significant minority organizations, is a positive and
mutually beneficial activity for all.
11. Target Audience
This activity is targeted to provide information and process education to the working
persons, employers, renters /home buyers, and property managers. This activity was
purposely planned on a weekend to allow for those that work during the week to be
able to attend.
III Activity Objectives
Relative to Employment and Fair Housing, these include;
• Understanding the applicable laws and rights provided — "basis for protection
under the law" (e.g , race, sex, disability, etc.)
• Understanding when your rights have been violated — "how will I recognize
when it happens to me ?"
• Understanding the filing and charge process — 'where and who do I turn to and
what happens next ?"
• Understanding what resolutions / remedies are available — "what are the
Mediation and Conciliation processes ?"
IV Presenters
Presenters will include:
• Mike Fetzer, U.S. Equal Employment Opportunity Commission District Director
• Garry Sweeney. Department of Housing and urban Development (HUD) Fair
Housing District Director
• Robert Gomez. Texas Workforce Commission Division of Civil rights State
Director
V. Location and Schedule
This activity will be held on Saturday, March 3, 2007 at the Oveal Williams Senior
Center (1414 Martin Luther King Drive) and is free to attendees. Registration begins at
8 30 a.m. and the program begins at 9:00 a.m. Presentations will be completed at
12 30 p.m and will be followed by individual time with respective agencies for those
needing more information
1E11
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H. BOY I, AVIT.12
City of
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•tuNiAN• RELA'nor48
COUNCIL -PA 1
and
COUNCIL NIO. 4444
AN EDUCATIONAL AND OUTREACH ACTIVITY
OF THE
ITY OF CORPUS CHRISTI
H UM AN RELATIONS COMMISSION
IN PARTNERSHIP WITH
* N kACP
* I I ILAC No. I
* AMERICAN G.I. FORUM
* LULAC No. 4444
TARGET AUDIENCE:
* W orking Persons * Renters / Home Buyers
* Employers * Property Managers
2
1
ACTIVITY OBJECTIVES:
Relative to Employment and Fair Housing
• Understanding the applicable laws and rights provided —`psis for
protection under the law" (e.g., race, sex, disability, age, etc.)
• L nderstanding when your rights have been violated — "ho 4will I
recognize when it happens to me ?"
• L nderstanding the filing and charge process — "where and, ho do I turn to
and what happens next ?"
• L nderstanding what resolutions / remedies are available
the Mediation and Conciliation process ?"
"what are
PRESEN TORS WILL INCLUDE;
• MIKE FETZER, :.S EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION DISTRICT DIRECTOR
• GARR% SWEENEY, DEPT. OF HOUSING AND URBAN
DEVELOPMENT rHUM FAIR HOIJSING REGIONAL
DIRECTOR
• ROBERT GOMEZ, TEXAS WORKFORCE COMMISSION
DIVISION OF ON/ II, RIGHTS STA FE DIRECTOR
•
SEBAS1 IAN ALOOT, i.: S. DEPT OF JUSTICE OFFICE OF SPECIAL
COUNSI L FOR IMMIGRATION - RELATED UNFAIR EMPLOYMENT
PRACTICES
2
SATURDAY - MARCH 3, 2007
OVEAL WILLIAMS SENIOR CENTER
(1414 MARTIN LUTHER KING DRIVE
FREE
REGISTRATION AT 8:30 A.M. AND
PROGRAM BEGINS AT 9:00 A.M .
PRESENTATIONS END AT 12:30 P.M.
INDIVIDLAL TIME WITH AGENCIES
WILL BE AVAILABLE
S
ONT ACT THE HI MAN RELATIONS COMMISSION
AT
826 -3190 FOR MORE INFORMATION
R II 'YOU WILL REQUIRE AN
AC( ESSIBILITY ACCOMMODATION
3