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Agenda Packet City Council - 05/22/2007 (PM)
CITY COUNCIL AGENDA MAY 22, 2007 1:30 P.M. Cor~.~sChristi SWEARING-IN CEREMONY (To be held immediately prior to the 1:30 p.m. Regular Council meeting) '' Mvoce#ion to be given by The Most Reverend Edmond Carmody, D.D., Bishop of Corpus Christi. The swearing-in ceremony to be conducted by The Honorable Hayden Head, Chief Judgs of the Southern District of Texas. scorning Council Member speeches. Note: There will be a short recess before the new Council begins their first Regular Council meeting. A~C~NA~ CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MAY 22, 2007 1;30 P.M. PUBLIC NC}TICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROH~ITEI') IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provide; an opportunity to address the Council at the end of the Council Meeting. Please speak ir~o the microphone located at the ?odium and state your name and address. Your presentation will be limited to three minutes. !f you have a petitior or other ; ~zfonnation pertaining to your subject, please present it to the City Secretary. S,' Uste~t desea dirigirse al Co%;cilio v cre~: que ~u ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Gon€ilio para ayudarte. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact ~e City Secretary's office (at 36? -826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayan Henry Garrett to call the meeting to order. B. iPled~e of Allegiance to the Flag of the United States. C. City Secretary Armando Chapa to call the roll of the newly elected Council Members. D. Beleetion of Mayor Pro Tem. ..- _ _ . _ ~ _. _ z _... _.... _... _...,,. ~. .~ m.. __.,.,, Agenda Regular Gouncii Meeting May 22, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. ~4AI~S 8~ COMMITTEE APPOINTMENTS: (NONE) F. ~XPLIAJVATION OF COUNCIL ACTION:. For administrative convenience, cerfain of the agenda items are listed as motions, resolutions, orordinances. If deemed appropriate, the City Gounci! will use a different method of adoption from the one listed; may Bally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the list regular, or a subsequent special meeting; such agendas are incorporated herein forreconsideration and action on any reconsidered item. G. CQNSENT AGENDA No#ice to the Public The foJlgwing `ems are of a routine or administrative nature. The Council has been finished with background anti support material on each item. and/or it has been discussed at a previous meeting. All items will be acted upon by one vote w~lhout being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrarVn forindividual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopifed by one vote. NANC (~4t this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) ~llotior~ approving the purchase of cardiovascular and strength wining equipment from Gybex International, Inc., of Medway, Ifllassachusetts in the amount of $35,991.14. The award is in accordance with the State's Cooperative Purchasing Program. Fundy is available through the Law Enforcement Trust Fund. (Attachment # 1) Agenda Regular Council Meeting May 22, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2. AJlotion approving the purchase of twenty-eight (28) light bars and sirens from GT Distributors, Inc., of Austin, Texas in accordance with Bid Invitation No. BI-0122-07 based on low bid for a total amount of $32,686.05. The equipment is to be used by the Police Department on marked police patrol sedans. Funding is available in the Police Department's operational budget and the Justice Assistance Grant. Attachment # 2) 3. Motion approving Change Order No. 1 in the amount of $54,752 to the contract with Access Ford, LTD, of Corpus Christi, Texas for the purchase of pickup trucks for a total restated contract amount of $547,775. The vehicles will be used by Development Services. Funding is available in Development Services FY 2006- 2007 operational budget. i;Attachment # 3) 4. Ordinance appropriating $15,600 in Training Revenues received from Del Mar College into the General Fund for the Fire Department's use inthe on-line Continuing Education Program for Firefighters; amending the FY 2006-2007 Operating Budget, adopted by Ordinance No. 026908 by increasing estimated revenues and appropriations by $15,600 each. (Attachment # 4) 5.a. A/lotion authorizing the City Manager or his designee to accept an Enforcing Underage Drinking Laws (EUDL) grant in the amount of $35,000 from the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohpl, and provide for an educational program with a City cash match of $28,514 and in-kind contribution of $746, for a total project cost of $64,260. (Attachment # 5) 5.b. Ordir~nce appropriating $35,000 from the State of Texas, Texas Alcoholic Beverage Commission, in the No. 1061 State and Federal Grant Fund for funding to enforce and prevent underage drink~g. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to execwte all documents necessary to accept the $7,000 grant from the Texas Department of Family and Protective Services for a Comrrtunity Youth Development Graffiti Clean up program. (Attachment # 6) ,.~ ~-~. .-,. ~ ,,.P .. _. ,~. _ _ ,~,,. w a . ..a ~a .- ...µ_ __ ._..., ...~ _,.. .~ M.. ___ ~~ Agenda Regular Council Meeting May 22, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.b. Ordinance appropriating a $7,000 grant from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund for graffiti clean up program. (Attachment # 6` 7 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District (CCISD) for a term of ten (10) years for the City of Corpus Christi to operate a Latchkey Program during the school year and summer months on CCISD grounds. (,Attachment # 7 8.a. Ordinance appropriating $292,903.64 from Unreserved Municipal Information System Fund balance for the purchase of ORACLE Service Oriented Architecture (SOA) Software and installation services from MYTHICS of Virginia Beach, Virginia; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $292.903.64. (Attachment #81 8.b. AAotion authorizing the City Manager or his designee to purchase ORACLE SOA software and installation services from MYTHICS 0f Virginia Beach, Virginia in the amount of $292,903.64. The ORACLE SOA Suite is a complete set of service infrastructure components used for building, deploying, and managing Service Oriented Architecture. MYTHICS is an approved Texas Department of Information Resources vendor. Funding will be provided from the Municipal Information Systems unreserved 'fund balance. (Attachment # 8) 9.a. Reso~tion authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in an amount not to exceed $10,500 for computer end mated equipment and software for the Northwest Branch Library. (Attachment # 9) Agenda Regular Council Meeting May 22, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.b. Ordinance appropriating $11,000 into the Library Fund No. 1020 fnr computers and books for the Northwest Branch Library from the fol~wing sources: $10,500 from the Friends of Corpus Christi Public Libraries and $500 from Wal-Mart; amending FY 2006- 2007 General Fund Budget adopted by Ordinance No. 026908 to ancrease both estimated revenues and appropriations by $11,000 +~ach. (Attachment # 9} 10. ordinance appropriating $5,902.61 into the Library Capital Improvement Project Fund No. 3210, Project No. 120095, for ~nnprovements to the Parkdale Branch Library from the following sources: $1,947.19 from mineral interest from the William T. ~leyland Estate and $3,955.42 from unappropriated interest earnings from the Library Capital Improvement Project Fund No. X210; amending FY 2006-2007 Capital Budget adopted by tOrdinance No. 026997 to increase appropriations by $5,902.61. (Attachment # 10) 11.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Ray Thurman, owner and developer of Saratoga Industrial Place Unit 1, Block 1, Lots 1 A and 2A, located east of State Highway 286 end south of Saratoga Boulevard for the installation of 141-linear feet of 12-inch PVC water grid main. (Attachment # 11) 11.b. Ordinance appropriating $34,002.22 from the Arterial Transmission and Grid Main Trust Fund No.540450-21805-4030 to reimburse Ray Thurman for the installation of 141-linear feet of 12-inch PVC grid main to develop Saratoga Industrial Place Unit 1, Block 1, Lots 1 A and 2A (Attachment # 11) 12.a. Motion approving the Arterial Transmission and Grid Main ConslEruction and Reimbursement Agreement submitted by Dyke Henc~rson, owner and developer of South Saratoga Acres, Block 1, Lots 11 and 12, located west of State Highway 286 and south of Saratoga Boulevard for the installation of 748-linear feet of 12- Inch PVC water grid main. (Attachment # 12) ~-.. _ _. _. ~ ~._~ .-w __ .~ _ ~ ._. _. ._. w __.,.,~ Agenda Regular Council Meeting May 22, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) 12.b. Ordinance appropriating $31,798.31 from the Arterial Transmission and Grid Main Trust Fund No.540450-21805-4030 to reimburse Dyke Henderson for the installation of 748-linear feet of 12-inch PVC grid main to develop South Saratoga Acres, E~lock 1, Lots 11 and 12. (Attachment # 12} 13. Ordinance abandoning and vacating a 984-square foot portion of a 10-foot wide utility easement out of Lots 15-16 and Lots 37-38, Flock S, Don Patricio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, Triples R. Sales, LTD to comply with the specified conditions. (Attachment # 13) 14. S'ecored Reading Ordinance -Amending the Code of Ordinances, Section 23-76, Smoking Prohibitions, subsection (b), by enacting r~ew subpart (7) to exempt tobacco specialty stores; providing for a penalty; establishing an effective date; and providing for publication. I,First Reading 05/15107) (Attachment # 14) H. 1-UBLiC HEARINGS: (NONE) ~RE~NTATIONS_. (NONE) J. REGULAR AGENDA CONSIRAjtON OF MOTIONS RESOLUTIONS AND ORDINANCES: 15. Ordinance appropriating $600,000 from the Unreserved Fund ~alant~e in the Water Operating Fund 4010 to pay expenses, as ~equir~ by the contract for the Groundwater Project with San Patri~o Municipal Water District, incurred by the District related ~ the groundwater project and lease with Goliad Sands, Ltd. and Ghanc,~'ng the FY 2006-2007 Operating Budget adopted by ordinance No. 0268 to increase appropriations in the 30270- ~upp~rnental Water Sources by $600,000. (Attachment # 15) K. RE NTATIONS O THREE MINUTES. !F YOU PLAN TO ADD ESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAA~BER, GIVING YOUR NAME, ADDRESS AND TOPIC. Agenda Regular Council Meeting May 22, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (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 ) ~i usted se dirige a la junta y cree que su orgies es limitado, habra un interprete ingles-espanol en la reunion de ,a junta para ayudarte. PER CITY COUNC2 POLICY, NO COUNCIL MEMBER, STAFF ~'ERS~N, OR MEMBERS OF THE AUDIENCE SHALL ~ER~tTE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRL~SPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COU11tCIL MEETING. THIS POLICY 1S NOT MEANT TO 1!~ESTRAIN A C/T/ZEN'S FIRST AMENDMENT RIGHTS. L. ~XECtJTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect fo go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects fo go into executive session on the following matters. In the evenf fhe Council elects to go info executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by fhe presiding office. M. ~tEPQRTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-upon Staff ~ssigrtments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 16. LEGISLATIVE UPDATE: Cons~eration of resolutions and actions deemed appropriate by the Clty Council as to legislative issues before the 80th Texas ~egis~ature. . ~ _ ~. e._ ,,,. ~ -,s.... _ _ ~, ._ _f... _._._.. ~. _..~_ ,~. _ .. _. ~.,. __ __,,, Agenda Regular Council Meeting May 22, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. CITY MANAGER'S REPORT Upcoming Items ~ 8. MAYOR'S UPDATE 19. COUNCIL AND OTHER RF_PORTS N. ADJC~JRNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Stree~. at ,~ - ~ p.m., May 18, 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 Requested Council Action: 5/22/07 Alternate Date: 5/29/07 COUNCIL MEMORANDUM R~OMMENDATION: Motion approving the purchase of a cardiovasculaz and strength training egt~pmet~ from Cybex International, Inc., Medway, Massachusetts in the amount of $35,991.14. Tht award is in accordance with the State's Cooperative Purchasing Program Funding is available through the Law Enforcement Trust Fund. *«~****•s******+*«*************************«**~******:****************************** Purpose: The cardiovasculaz and strength training equipment will be used by police officers to develop or maintain physical fitness and promote overall good health within the department. The equipment will be installed in the existing gym which is located on the second floor of the main police station at 321 John Sartain Street. Avc~ard Basis: The cardiovascular and strength training equipment is made available under the Texas Building and Procurement Commission (TBPC) Term Contract number TXMAS-6-78010. Finding: Law Enforcement Trust Fund. S 20090-1061-00000-821000 $35, 991.14 / _~- Director of Financial Services 2 . ~ _ u ....,~.,.. _ ,.~ __ . Requested Council Date: 05/22/07 Alternate Date: 05/29/07 COUNCIL MEMORANDUM RE~'OMENDATION: Motion approving the purchase of twenty-eight (28) light bars and sirens from G.L_ Distributors. Inc_ Austin, Texas in accordance with Bid Invitation No. BI-0122- i~7 based on Low yid for a total amount of $32,686.05. The equipment is to be used by the Police De~rtment on marked police Patrol sedans. Funding is available in the Police Department's operational budget and the Justice Assistance Grant. Purpose. The light bars and sirens will be installed on marked police patrt~l sedans. Bid Invitations issued; Fire Bid~Lwitations Rece~vec{: I~~~+a Bans of Award Lo~~~ Bid Funding. Police Department Justice Assistance Grant 520090-1061-00000-820806 $20,694.10 Police Department 520090-1020- l 1740 $11,991.95 Grand "Total: $32,686.05 ~.. .~ _.~ ,,,,,a - ..,,,.... _ _v. As~stant Director of Financial services 3 Requested Council Date: 5/22/07 Alternate Date: 5/29107 COUNCIL MEMORANDUM Rl~COMMENDATION: Motion approving Change Order Number 1 in the amount of $54,752 to they contract with Access Ford, LTD. Corpus Christi, Texas for the purchase of pickup trucks for a tptal restated contract amount cif $547,775. The vehicles will be used by Development Services. Funding is available in Development Services FY06/07 operational budget. ****************************************************************************** Purpose: These vehicles will be used by employees of the Development Services department for their day to day field duties. Ptsevious Council Aetion April 24, 2007 -- Award of pick up trucks to Access Ford, LTD, C~~rpus Christi, Texas in the amount of $493,023. Award Basis: Chapter 252 of the Local Government Code, Sec. 252.048, Change Orders, allows for an increase in the contract amount up to 25% of the original contract amount. This change order constitutes an 1 l °% increase over the original contract amount of $493,023. Funding Development Services 550020-4670-]1455 550020-4670-12201 $13,688 41,064 Total: $54,752 A _ _ ....,w_ ~ a..,~. _.., ,_,.~. AsBistant Director of financial Services 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/22/07 AGENDA ITEM: Ordinance appropriating 515,600 sn Training Revenues received from Del Mar College into the Geneatal Fund for the Fire Department use in the on-line Continuing Education Program for Firef>hters; amending the FY 2006-2007 Operating Budget, adopted in Ordinance No. 026908 by increasing estimated revenues and appropriations by $15,600 each; and declaring an emergency. ISSUE: In order for Firefighters to renew their certifications as a Firefighter, Paramedic and EMT, they must compete a specific number of Continuing Education hours of instruction. The Fire Department will use anon-line Continuing Education Program to provide the required Continuing Education lessons. The program will provide at least 250 credit hours of lessons for EMS and 40 credit hours of lessons for Finicfighters per year. Al l Continuing Education Lessons will be approved for credit by the Texas Deparltnent of State Health Services and the Texas Fire Commission. REQiJ1CRED COUNCIL ACTION: Council appmval is required to authorize the City Manger to amend the FY 2006-2007 Operating Budget and appropriate the $15,600 for a Continuing Education Program for Firefighters. PREVIOUS COUNCIL ACTION; None CONCLUSION AND RECOMMENDATION: Staff r~icomn~nds amending the FY 2006-07 Operating Budget and appropriating $15,600 for a Continuing Education Program for Firefighters. ~r ~ r Richard Hooks Fire Chief Attachments: Ordinance C \Documenls and se~ingslRickRUvly DocumentsWgenda ItemsleGenesisAgenda.doc a ._....,,. ,..,~.,. .... .._ ,.... .,r,,,. ,_.......,,...,_;. AN ORDINANCE AR~ROPRIATING ;15,600 IN TRAINING REVENUES RECEIVED FilM DEL Mkt COU.Et3E INTO THE GENERAL FUND FOR THE FIIIeE DEPAR't~#fIENT'S USE IN THE ON-LINE CONTINUING EC~tJCAT~I PMROGRAIN FOR FIREFIGHTERS; AMENDING THE FY 206-2007 OP~tATiNG BUDGET, ADOPTED IN ORDINANCE NO. 0706 BY INCREASMIG ESTIMATED REVENUES AND APIiROPRIAT10N3 BY $15,600 EACH; AND DECLARING AN El~RGENCY. BE ~'f OI~AINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS: SECTION 1. That $15,600 in training revenues received from Del Mar College is appopriaird in the general fund for the Fire Department's use in the on-line continuing edur~ation program for f#nefighters. SEITION Z. That the FY 2006-2007 Operating Budget, adopted by Ordinance No. 02!108, is amended in k-creasing estimated revenues and appropriations by $1 X800.00 each. 3E~C'f~l 3. That upon written request of the Mayor or five Council members, copy attached, the City Council {1 }finds and declares an emergency due to the need for imniedial~e action necesi{e1ry for the efficient and effective administration of City affairs ancl>(2) suspends the Charter rule that requires consideration of and voting upon ordihano~s at two regular meetings so that this ordinance is~assed and takes effect uponn fn~st t+eading as an emer~ncy measure on this the 22 day of May, 2007. AT"~ST: THE CITY OF CORPUS CHRISTI Arn~ndo Chapa City"Secre~ry APlNR011~: ,, v , 2007 By: ,~, t- ~ •, Jo6epki Hamey ,~ Aaii~istant City Atbmey For City Attorney Henry Garrett Mayor Ord-p~pr-Firs-0MlC-CE.doc Cows Christi, Texas ---- ~y of , 2007 TO THE t1+~MBERS OF THE CITY COUNCIL Cows Christi, Texas For the r~sons set fath in the emergency clause of the foregoing ordinance an ''9e~y exists nequ~ing suspension of the Charter rule as to consideration and voting upon ordinances at two regular meefings: IM-e, therefore suspend Charter Hate and pass this ordinance finally on the date it~r~trod~ ou a# the present meeting of the City Council. , or ReaMect~y Council Merrnbers Respectfully, Henry Garrett, Mayor City of Corpus Christi The a~-ove ordinance was passed by the following vote: Henri Garrett AAeloc#y Co®per Larry ~lizondo, Sr. Mike tammsti Bill Keay Prisci~ G. Lsal John ~, Manez Nelda Martinez M~ae~ McCutchon 5 ciTir couNCa AGENDA MEMORANDUM City Council Action Date: Own/ps AG~11DA ITEM: A. Moron authorizing the City Manager or his designee to accept an Enforcing Underage Drifting Laws (EUpL) grant in the amount of $35,000 from the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $28,514 and in-kind contribution of $746, for a total project cost of $64,260. B. Ordinance approprq~ting $35,000 from the State of Texas, Texas Alcoholic Beverage Cortsnission, in the No. 1061 State and Federal Grant Fund for funding to enforce and prevent underage drinking. tSSU~: Ths problem of und~srage possession and consumption of alcoholic beverages in the City of Corppls Chrlifti has been, and continues to be, of signficant concern in the community. The program will an$dress this problem and enhance the enforcement of underage drinking taws. REO~IRE!>~ E:OUNCIL ACTION: Acceptance of grant and appropriation of funds. PREI~OU3 COUNCIL ACTION; Approval to submit the grant on 01/30/07. F1~11t'i~11G: tllste funding of ti35,000 provides for overtime enforcement hours and other costs for the e4ucatiar~lprevention programs. The Law Enforcx3ment Trust Fund provides $28,514 for fringe ~ene~, training trawl, printing, confidential funds, and other costs for the educatlion/pnsvention program ; an in-kind contribution of $746 for office supplies, vehicle fueUn*interrnce from the 11720 Speual Services 0607 and 0708 budget. A 25% project "match" either by cash contr~ution or the value equivalent of in-kind contributions is required. CONt~.US~I AND iZECOMMENDATION: Staff recommends acceptance of the grant and approiriation of funds. K. A. Bung Assistant Chief of Police Attachments: Grant ~cepirrtce notice ...r _w.,.7. ,~ ,,,~, BACKGROUND INFORMATION TABC is offering funding for projects with the goal of increasing the State's ability to effectively enfot~Ce underage drinking laws and to prevent youth access to and illegal use of alcohol. In the past $'ABC figs focused on the alcohol age-law enforcement effort. This years project applications must also have involved the following components: • Partnen3hips with multiple aspects of the community • Partnerships widr youth in planning and carrying out program activities • use of multiple fact-based strategies to reduce demand for and/or access to alcoholic beverages among underage youth in the impact area, and • Underage drink~g on and around college campuses Addilbnally each grant was asked to address one or more of the following: • underage drinking in small towns or rural areas; and/or the • Underage drinking on and around college campuses The police Department in~rporated many of these elements into the grant application. Funds will b~ provltled by interloc~d agreement to support Operation Greduation and other student activities, freshman orientation, printed literature, and other events. Area school districts have provided leilers of support for the grant activities and each has a portion of funds to be provided to thr dish for either new programs or enhancement of existing programs. Texas A&M Uniwiity isi also a partiapMlnt in an effort to address the on campus issues of underage drinking. The unc~l on Alcohol and Drug Abuse will serve as the focal point for oMering and distribution of appropriation literature. Others partnerships within the grant are: • Youth Continuum of Care Coalition (YCCC) • Corpus Christi Youth Advisory Committee • Intergovernmenl~el Commission on Drug and Alcohol Abuse -will serve as the venue for monthly reporting of grant activities • Crime Stoppers - providing a "party hotline" The ~nforc~nent element consists of overtime officers working in conjunction with TABC in the follovlthg stress: • Target establishmeflts suspected of a pattern of violations of state laws • Infotrn both establishments and minors of the consequences of illegal sales and purcc~lases; • Protiacute those who illegally sell and purchase alcoholic beverages, and • Prorirtote a strong and consistent message concerning the consequences of underage drinking The portne~e in this coNaboration will be entering into intertocal agreements with the City to recei furt~ to support grant activities on their campus. These agreements will be brought to the + Council for approval as soon as the participating entities governing bodies have apprr~red. 'T'he intergovernmental Commission on Drug and Alcohol Abuse will serve as the comrl~unity group designated to review the program activities on a monthly basis. The foNowing scho~il distrts will participate through Campus Crime Stoppers, development of adivi~esldlribution of literature to enhance their current underage drinking curriculum, Oper+i~tion Cduation, and public service announcements: o Calallen o Corpus Christi . _ . m..... - ~,, o Flour Bluff o Tuloso-Midway o West Oso o Texas A&M University Corpus Christi will participate through their freshman orientation on-line computer system, development of activitiesJdistribution of literature to enhance their current underage drinking curriculum, and public service announcements • The Council on Drag and Alcohol Abuse will serve as the primary source to assist with the selection of literature, videos, etc. • The Youth Continuum of Care Coalition will serve as a partner to the Council on Drug and Alt~l'rol Abuse. • Corpus Christi Yount Advisory Committee - a City Committee comprised of approximately 20 youth who will assist with minor stings, the development of the public service anr~uncements (serving as actors), and assist the grant with their youthful advice. • Corpus Christi Council of PTA -assist in the implementatioNplanning of Operation Gradation • Crime Stoppers - wig focus on party prevention by establishing a "Party Bustet" hotline and placing flyers throughout the middle and high schools in the Nueces County area. • Drisa~ll Childress Htsspital Youth Alcohol Awareness ~~ ~T E X A S' John T. Steen, Jr. ~, C Q H 0 L I C i Chatrman-San Antonio __ _ E V E R A G E~ Gail Madden \ -Cf)MMISSIONi Member-Daffas AI tern Jose Cuevas, Jr. 4 dmrnrsrratar Member-Midland April 3(~, 2007 Mr. Brypn P. Smith City of Corpu~c Christi 1201 L~pard CorpuaChrisli, Texas 78401 { Dear Mir. Sm~h: The Te~cas A~oholic Beverage Commission (TABC) is pleased to award $35,000 to the City of CorpusvChris!ti for its program Enforcing Underage Drinking Laws. The TABC is dedicated to enforcing und~srage drinking I~WS and reducing underage drinking throughout the State of ~ _ Texas. Your project, funded through the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Enforcing the Underage Drinking Laws (EUDL) block grant, contributes to this effort:- The er~losed grant contract contains specific information about your award, including the Statemlent of Grant Awards, Special Conditions, Approved Award and Budget Summary. Please read offer the contract and award conditions carefully. Return the signed original contract to TABC ~irithin 45 days of receipt. If you need additional time to return the contract, please submit a written request for an extension prior to the 45-day deadline. The Prgject Director Bryan Smith, and others responsible for managing the grant, MUST attend the mandatory grantee orientation meeting. The meeting is scheduled for June 15,2007 at TABC leadq~arters in Austin. TABC headquarters is located at 5806 Mesa Drive, Austin, Texas x'8731. The orientation meeting will be held in the Commissioners Conference Room from 1:40 p. m. to 4:00 p. m Please eel froe to contact grants at 512-206-3430 if you have any questions. Sincerely. 3 ~ Debbie"Dixon Director Educa~n oral Prevention Division Enc: Gilant Award documents P.O. Box 13127, Austin, Texas X8711-3127 • (Sl2) 206-3333 • www.tabe.state.tx.us ,an Equal Opportunity Employer . . T ,~,. _ . ~... ._ ~ a..-.. 4 ~ . -._ ~.. w w. ~ .~._.„ .~. __ Enforcing Underage Drinking Laws Grant Contract No. --_.___ CONTRACT BETWEEN THE TEXAS ALCOHOLIC BEVERAGE COMMISSION AND -C_it'y of ('nrnttc ^;;ri Sri (GRANT RECIPIENT NAMEJ Parties and Authority 1.l Texas Alcoholic Beverage Commission (TABC), an agency of the State of Texas with authority to grant, administer, and monitor federal funds provided by the federal O#1(ice of Juvenile Justice and Delinquency Prevention. 2 Dame of ¢rantee grantee tvtTe of entity, The person signing on behalf of Grantee has legal authority to enter into this contract, and bind the Grantee. 2• ur The Enforcing the Underage Drinking Laws (ELTDL) program supports and enhances efforts by states and local jurisdictions to prohibit the sale of alcoholic beverages to minors and the purchase and consumption of alcoholic beverages by minors. 3• Con t. This agreement consists of this contract, Attachments A, B, and C and all smenc~ments made in compliance with paragraph 4. 4• erm. This agreement becomes effective when fully executed by both parties. This contract terminates on May 31, 2008, unless terminated earlier by agreement or for cause. ~ • ~-,mendment. This agreement may be amended by agreement or as required by law. No amendment is effective unless it is made in writing, has an effective date, is signed by lath parties and by its terms is made a part of this agreement. 6. arid' .Federal grant funds will be obligated to the Grantee after the effective date of ~'ie contract. The amount and use of funds is set forth in Attachment A, Notice of Grant award and Special Conditions, and Attachment B, TABC Approved Award and Budget ~ummct~y. Funds not distributed to Grantee will be de-obligated at the end of the contract term. Proposed budget adjustments that exceed 10% of the budget category of the grant »lust be approved in writing by the TABC. Proposed budget adjustment requests must be ~ubmit~ed within 30 calendar days of the end of the grant year. No budget adjustment rltquest submitted after May 1, 2008 will be approved. All funding under this contract is contingent on the continuing availability of federal appropriations for these grants. If finding is no longer available this contract will terminate. 7 Pavement and Cost Statements. Grantee will be paid on a cost reimbursement basis. Allowable costs will be determined based on Uniform Grants Management Standards, Attachment A, General Principles for Determining Allowable Costs, published by the Governor's Office of Budget and Planning. Payments will be based on the submission of the Request for Reimbursement (RFR) reports supporting documentation in the format provided in the approved award and budget summary (see Attachment B to this contract). Requests for Reimbursement received 90 days after the due date will not be honored. A RFR reflecting estimated expenses for June 1 to August 31, 2007, should be emailed by September 15, 2007. RFR reports will not approved without receipt of the corresponding Performance Measure report, Allowable costs must be supported by reports and reimbursement requests, and are due as follows: RFR Reporting Period Due No Later Than: Repc,>rt 1: June 1St -September 30, 2007 October 30, 2007 Report 3: October 1St -December 31' 2007 January 31, 2008 Report 4: January 1St - Macch 31, 2008 Apri130, 2008 Report 5: April 1 S` -May ~ 1, 2008 June 30, 2008 8. Perf~trmance Meastlxes and Performance Targets. Grant performance measures and performance targets aze set forth in Attachment C to this contract. Program progress reports must be submitted on the forms provided or specified by the TABC or by entry into a designated Internet-based automated system. The Grantee is required to coordinate and cooperate with the TABC to ensure program compliance, monitoring and enforcement of performance measure as set forth in Attachment C, and contract requirements. Program progress reports aze due on September 15, 2007, December 15, 2007, March 15, 2008 and June 15, 2008, during the term of the contract. TABC may require more frequent program progress report, as TABC determines necessary to effectively monitor contract performance. The office of Juvenile Justice and Delinquency Prevention (OJJDP} requires semi-annual program measures entered into its Data Collection and Technical Assistance (DCTAT) system. Reports are due December 31, 2007 and June 15, 2008. y. Assurances and compliance with State and Federal laws. State and Federal Assurances and other special requirements signed upon applying for this grant are incorporated into this contract, The Grantee will also comply with 16 Texas Administrative Code, Chapter 32, relating to Grant Administration and the Uniform Grant Management Standards adopted by the Governor's Office. 10. Au "t and Financial. Reporting Requirements. All Grantees, regardless of funding level, must furnish TABC with annual audited financial statements or one copy of the audit findings reporting package, Audits and financial statements must be conducted and prepared in compliance with the State of Texas Single Audit Circular. All audits are subject to review by TABC, Audit reports and/or certifications of "no findings" are due nine months from the end of the Grantees' fiscal year. 11, Use of TABC seal or logo. The TABC logo must be affixed to all printed material paid for with grants funds. Printed material must be submitted to TABC for review and approval prior to production and distribution. The TABC logo may not be stretched, altered or otherwise modified in form or format. . , _ ,o ~ .-.. _.~..M. . -.. ,. _..P,_,.._. ,... s.._. ~, _ ,~ ......, 12. Mo~itorina and Compliance. Grantee must provide TABC access to Grantee premises, books, documents. papers and records necessary to monitor and ensure compliance with this contract. 13. Dis es. All disputes between the parties to this agreement must be resolved through the procedures in Chapter 2260 of the Texas Government Code. 1 ~. Records and Reports Grantee must retain all records required to be created and maintained under this contract for 3 years after final payments and all pending matters are closed.. Grantee must provide access records subject to disclosure under the Texas Public Information Act. 15. Def t. Failure to comply with the reporting requirements, performance measures, or with the State and federal laws applicable to this contract aze a default of this contract. Grantee will be provided with 30 days Notice and Opportunity to Cure before a default will be declared. In the event of a default, TABC may withhold funding, disallow all or. part of costs relating to the default, suspend or terminate the contract, and or baz further participation in TABC grants. 16 Terr~j tion. This contract may be terminated by agreement of both parties. This contract may be terminated by TABC is grant funds are no longer available or for material default. This contract may be terminated by Grantee if Grantee is not currently in default. Termination requires giving the non-terminating party 30 days Notice of Intent to Terminate. 12• Continuin¢ obligations after termination. Grantee must continue to comply with all reporttng, closing out, and records retention requirements after termination. TABC will perform all obligations required to close out and pay all outstanding and allowable costs after termination. {'`lame of THE GRANTEE) By: ~gnatute of Authorized Official .___ George K. Noe (Type Name) '_ r rI'YPe Title) ~~ (Date) sy: TEXAS ALCOHOLIC BEVERAGE COMMISSION Alan Steen, Administrator (Date) .. Adjusted Money Totals Name Amount Requested ; Recommend Funding amount City of Carpus Christi 550.000 ~ ezc nnn Adjusted salaries (overtime) and supplies to current grant level. Tl~e adjusted budget to ~ as follows, Salaries Supplies/Consumables Tratvel Reim Purchase of evidence Prpfessional/ contractual C7ther Total $26,800.00 8,200.00 00.00 00.00 00.00 00.00 00.00 $35,000.00 if you have any questions concerning the Task Force's decision, please contact me at 5 l ~-206-3290. Thank you, Debbie Dixon Ditector, Education and Prevention Texas Alcoholic Beverage Commission ORDNANCE AI~PROPRIATING $35,000 FROM THE STATE OF TEXAS, TEXAS ALCOHOLIC ~NERAGE COMONSSION, IN THE NO. 1061 STATE Aim FEDEiItAL GRANT FUND FOR FUNDING TO ENFORCE AND Pl~t/ENT UI~ERAGE DRINKING; AND DECU4RING AN E~RGENCY. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 7'I~CAS: S»CTIQN 7. That $35,000 from the State of Texas, Texas Alcoholic Beverage Ccmmisipon is appropriated in the No. 1061 State and Federal Grant Fund for fundin to +~nfot+ce and prevent underage drinking. g SIICTIQN 2. That upon written request of the Mayor or five Council Members, the C• Council (1) finds end declares an emergency due to the need for immediate an for the efficient and e~ec~ve administration of City affairs' and 2 s th>i~ Charier rule which, requires an ordinance to be considered and voted uponsat two re~,ilar rheetings, so that this ordinance is passed and takes effect as an em en me~i~sune upon its first reading on this the 22 of May, 2007. ~ ~ AT'TEST' THE CITY OF CORPUS CHRISTI Armando Chaps, City S@cretar'Y Henry Garrett, Mayor Appiroved as to form- ~~~'; , , 2007 -~, ,r., ~ h -hey ~ ~ , nt pity Attorney ~- For pity A~omey _.._a~..m~~, Corpus Christi, Texas Day of _~_ _ __ _ ~, 2007 TO THE IMBERS OF THE CITY COUNCIL Corpus Ci~isti, Texas For the mesons set faith in the emergency clause of the foregoing ordinance an emel~ency exists requiring suspension of the Charter rule as to consideration and votir~ 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 move ordinance was passed by the following vote: Henn Garrett Melody Cooper Larry'Elizondo, Sr. Mike ~iummell Bili K+~ily Prisc~a G. Leal John ~. Marez Nelda Martinez Mich~iel MoCutchon ... ~ ...... .. _ . ,,~.. ,.Y_ r_.__.r.. _ . ~...,. __....w..~ _ ~. u,~~.,_...,.., m_ .~,,,, 6 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: City Council Action Date: Mav 22, 2007 A. F~esolutlon authorizing the City Manager, or his designee, to execute all documents necessary to accept the $7,000 grant from the Texas Department of Family and Protective Services for a Community Youth Dev~opment graffiti clean up program. B. Ordinance appropriating $7,000 grant from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development fund to fund a Youth Advisory Council poject ~r the Community Youth Development Program for graffiti clean up program; and d~clarir~ an emergency. ISSUI~: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Comrt~nity Youth Development (CYD) Program in various cities throughout the State. The City of Corpus Christi has been allocated an additional $7,000 in program funds for Youth Advisory Council activities for Fiscal Year 2006 - 2007, Contract Period September 1, 2006 through August 31, 2007, to be heed in the 78415 ZIP Code area. The funds will be used to assist the CYD Youth Advisory Coundl in a graffiti cleanup project at a City of Corpus Christi park. REQtARED COUNCIL ACTION: Acceptance of federal grants and contracts in excess of $15,000 require Council approval. PREV(~US COUNCIL ACTION: Mon September 12, 2006, the City Council passed a motion to execute a cotrtract with the Texas Department of Family and Protective Services for funding in the amoun# of $00,000 from the Community Youth Development Program for the 78415 ZIP Code for project as n~commended by the Community Youth Development Steering Committee for Fiscal Year 2006 - 2007, Contract Period September 1, 2006 through August 31,2007. FUN~tG: This is a State funded grant, and the source of funding is from fund 1060. CONC~,USIQM AND RECOMMENDATION: The Community Youth Development Steering Comm~tee and Staff recommend approval of $7,000 for additional funds for the CYD Program as presented for Fiscal Year 2~6 - 2007, Contract Period September 1, 2006 through August 31, 2007. I~'-~-~~.~. / ~~ Sally Gavhk, Director Parks and Recreation Department Attachnsents: Background Information BACKGROUND INFORMATION On May 27, 1997, the City Gouncil approved a transfer agreement with the Workforce Development CorpA~ation pertaining to the 78415 Community Youth Development (CYD) Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contact with DPRS. The City Council also passed a resolution (#022938) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts wi#h many community agencies for CYD service. In 19t>Li, DPt±tS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. Currently fifteen ZIP Codes in 14 cities are designated as CYD serve areas. The program sought to create activities that were not currently available within the local 78415 ZIP Code area. These activities were made available to youth ages 5-17. Eligible activifes must fall within the following categories: mentoring, activities, employment, education, and/or youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services - DFPS) guidelines, a mentoring and youth leadership component must be part of th~overatl 78415 CYD Program`s Plan of Operation. Since: its inception, the CYD Program has served the 78415 ZIP code area through a number of servile providers. These would include Boys 8 Girls Club, Communities In Schools, Corpus Christi Housing Au~ority, Corpus Christi Independent School District, Corpus Christi Public Library, Corpus Christi Teen Court, Paisano Girl Scout Council, Park 8~ Recreation Department, Volunteer Center of the Csastal Bend, Youth Odyssey, YMCA, and YWCA. y.,, .,-.,~. ~ »,..fi. .,,~ ~.,~,,M,... RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE $7,000 GRANT FROM THE TEXAS DEPARTMENT OF FAMILY AND Pi~TECTIVE SERVICES FOR A COMMUNITY YOUTH DL~/ELOPMENT GRAFFITI CLEAN UP PROGRAM. BE CT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS: SEG1'ION 1. The City Manager or his designee is authorized to execute all doc~nen~ necessary to accept a $7,000 grant from the Texas Department of FarnOy artd Protective Services for a Community Youth Development GrafFti Clean up program. SECTION 3. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armalndo Ghapa City ~cretary APP~VE~; May 16, 2007 Lisa uilar F~ Assisnt City Attorney For C$y Attorney Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Herxy Garrett Me~dy Cooper Larry Elizondo, Sr. Mike Hummel Bill Kelly Pri9iCilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ORDINANCE APP~PRIATING $7,000 GRANT FROM THE TEXAS DEPARTMENT OF FAMN.Y AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY YOUTH DEVELOP~AENT FUND FOR GRAFFITI CLEAN UP PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHR~TI, TEXAS: SECTt~N 1. That $7,000.00 grant from the Texas Department of Family and Protective Services is appropriated in the No. 1060 Community Youth Devebpment fund for a graffiti clean up program. ~ECTt~N 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon~ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22nd day of May, 2007 ATTEST: THE CITY OF CORPUS CHRISTI A~marxlo Chapa Henry Garrett City Secretary Mayor APPROVED: May 10, 2007 ~~'e~~ ~'~ fit . ~ =<„ Lisa A~uilar~_-' A~ssista~tt City Attorney fc~ City Attorney Corpus Christi, Texas Day of , 2007 TO SHE IMBERS OF THE CITY COUNCIL Cor~llus Christi, Texas For ~-e reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and votir~ 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, Council M~nbers Respectfully, Henry Garrett Mayor The-above ordinance was passed by the following vote: Herby Garrett Melody Cooper Larry Elizondo, Sr. Mik! Hummel Bill Kelly Pris~eilla G. Leal Johe E. Marez Nelda Maftinez Michael McCutchon .._~~..~ ciT~r couNCiL AGENDA MEMORANDUM AGi~IDA BEM: Resolu~on authorizing the City Manager or Designee, to execute an I~terlo~al Agreement with Corpus Christi Independent School District for a term of tee (10) years for the City of Corpus Christi to operate a Latchkey program during the school year and surrxner months on CCISD school grounds. 13St~: The interlocal agreement befiiveen the City of Corpus Christi and Corpus Christi Inde~endertt School Dis~ict will allow the City to provide after-school as well as summer childcare and activities for those elementary students who meet the Latchkey's part~ipatian guidelines and who attend schools that offer the Latchkey Program. REt.~/IRED COUNCIL ACTION: The City Council is required to approve all interlocal govefnmere~l agreements. PRIOt COttNCIL ACTION: The City Council approved an Interlocal Agreement betvu~een the of Corpus Christi and the Corpus Christi Independent School District for the Latchkey Program on Novemt~er 19, 2002. FUNtVG: No additional funding required. CON.UN AND RECOMMENDATION: Staff recommends that the City Council approve thigt interlocal governmental agreement with the Corpus Christi Independent Schoch District. AttacM~neni~; Background information _.,, BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department currently operafies the Latchkey Program at 30 Corpus Christi Independent School District elementary school sites during the school year with approximately 2,000 children and 4 sites during the summer mpnths with ap~oximately 500 children. The Latchkey Program has been in oper~ion sr-ce 1985. The City of Corpus Christi is responsible for the administration of the program, including fee c©Ilection, providing and monitoring rules and regulations, hiring and training of staff, lesson plans, provision of supplies and equipment, and the coorc~nation of inspections to determine compliance with health and safety codes. The Corps Chti Independent School District provides the building and playground facilities for thte Latchkey Program opera#ed during Latchkey's full hours of operation sufficient to meet'Latchkey program guidelines. This includes building utilities such as water, gas, elect city and access to telephones for emergency calls. The district agrees to conduct site inspections to determine compliance with applicable safety codes to include fire and gas Ip~es arui alarm systems. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI II~EPENDENT SCHOOL DISTRICT FOR A TERM OF TEN (10) YEARS FC>~t THE CITY OF CORPUS CHRISTI TO OPERATE A LATCHKEY PlR+OGRAM DUttING THE SCHOOL YEAR AND SUMMER MONTHS ON Ctr1SD GROUNDS. BE ~T RI~IiOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS: SECTION 1. The City Manager., or designee, is authorized to execute an Intef'local Agreement with the Corpus Christi Independent School District for a terra of ben (10) years for the City of Corpus Christi to operate a Latchkey pro~am during the school year and summer months on CCISD school grounds. A copy of the agreement in substantial form is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adolDtion by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secr~ary APP~IOVED: May 16, 2007 ~ ., Lisa lguil~ ,~~~~ Assi>ant Citj7~Attorney For City Attorney Henry Garrett Mayor INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI THE LATCHKEY PROGRAM THIS NT~lLOCAL At~REEMENT, hereinafter referred to as "the Agreement", is made by aid between the Corpus Christi Independent School District (hereinafter referred to by name or as the "District"),apolitical subdivision of the State of Texas, and the Glty of Corpus Christi, a Texas municipal corporation (hereinafter referred to by name or as the "City"). pursuant to chapter 791 of the Texas Government Code, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring achild-care and activities program for those elementary students who meet Latchkey's participant guidelines and who attend school with Latchkey sites. WHEIAS, the District gees to provide building, playground facilities, utilities, and janitor~l services for the Latchkey program ("Latchkey Program"); and WHEI~AS, both parties endeavor to provide a safe environment for District students; NOW,. THEi~FORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: ARTI(~LE 1..CONTRACT TERM This Agreement begins June 1, 2007, and ends May 31, 2017, subject to the rights of both pi>trties to terminate this Agreement as stated below. ARTItE 2. DISTRICT RESPONSIBILITIES The District shall have the following obligations and responsibilities pursuant to this Agreement: a. The District agrees to provide building and playground facilities for the Latchkey Program operated by the City during Latchkey's full hours of operation sufficient to meet Latchkey program guidelines. This includes building utilities such as water, gas, electricity, and access to telephones for emergency calls; use of tables, chairs, televisions, and VCRs; and access to restrooms and playground facilities; b. The District agrees to conduct site inspections to determine compliance with applicable safety codes. This includes yearly fire and gas line inspections and continual monitoring and repair of alarm systems and . _ ~~,,, .,r._ __..a.._ ~ ~.. .~..~ _-.~ w.... safety equipment: c. The District agrees to provide health care supplies, including lined trashcans, paper towels, and toilet paper for each site; d The District agrees to provide after-program custodial maintenance, including the emptying of trash containers, the sweeping and mopping of floors, and spray waxing of furniture as needed; and e The District agrees to provide at least 48 hours advance notice to the City if Latchkey is to be moved to a different area of the building. Space will be in compliance with State licensing regulations. ARTICLE 3..CITY RESPpNSIBILITIES The City shall have the folbwing obligations and responsibilities pursuant to this Agreement: a. The Latchkey staff is responsible for administration of the entire Latchkey Program, including: (I) Setting and collecting fees; providing and monitoring rules and regulations related to student discipline; replacing items that are damaged during the Latchkey Program; (2)Other administrative responsibilities such as hiring and training of staff and coordinating assignments; and (3)Compliance with established program guidelines. b. The City will be responsible for the repair or replacement of the facility or equipment that is damaged or lost during the Latchkey Program. The decision as to repair or replacement of a damaged or lost item shall be mutually agreed upon by the City and District. The City will reimburse the District for the damage or loss at current market value. The District will provide proof of value of damaged or lost items by providing the City with any or all of the following: fixed asset records, purchase order, or copies of invoice; c. The City shall coordinate its site inspections to determine compliance with heath and safety codes. Latchkey staff will cooperate with school site personnel to monitor the site for a determination of and response to health and safety hazards; d. The City shall be responsible for all Latchkey Program activities including arts and crafts and structured recreational play. This includes storing such materials at the sites where space allows; e During the Latchkey Program, the City shall provide the following: cleaning the tops of tables and placing trash in trashcans; cleaning chairs; placing chairs under tables; and returning furniture and fixtures to their original arrangements. For safety purposes, Latchkey personnel will be instructed to not place chairs on top of tables. ARTICLE 4..USES OF DISTRICT INFORMATION AND RECORDS BY THE CITY The City may, from time to time, have access to, and use of, confidential student inforrttion obtained from the District for the sole purpose of the assistance of District students participating in the Latchkey Program. For students with special education requi-~tments, the District will share information and records with the City regarding said students to ensure that the City's Latchkey Program employees are aware of any individual education plans or special needs for such students, so that appropriate accort~modations may be made for such students. The City 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 b® used by the City or any of its employees or agents for private purposes. The City acknoyvledges 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 the District's "Acceptable Use Guide~nes for Technology", permissible uses of the student information and records obtair~d from District databases (or other sources), and the Family Educational Rights and Privacy Act (see 20 U.S.C., Section 12328 and 34 C.F.R., Section 90, a seq.). The Cry further agrees that the information or records disclosed or obtained pursuant to this Agreerr~ent will be destroyed by the City after the need for such information ceases to exist. ARTIQLE 5..TERMINATION This Agreerrnent may be terminated by any of the following occurrences: A. ey 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. ARTI~E 6..AMENDMENTS Any aid all changes to this Agreement may be enacted by written amendment or adder~um properly executed by the appropriate representative of each party. ..a., ~.~ _,.~ __~~ ,,.,,.._ ~,..p..,.,,~, ..,,. _..._ ..... .. q._.. _...,., ART'tCLE 7. ASSIGNII~NT Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 8. -CONSIDERATION Expenses incurred through Latchkey Program activities are the City's responsibility. Facility and site expenses are the District's responsibility. ARTICLE 9. LICENSING The City will maintain all licenses as may be required by the State of Texas. Monitors for Latchkey sites may make random visits to determine compliance with State guide~es. ARTICLE 10. SITES Site se~ctio~ is based on need for services as determined by community survey(s) and by availability of required space and fixtures. Selection is also based on access to restrovms, janitorial service availability, and other criteria as determined by the District and the City's Park 8~ Recreation Department. Current space requirements are a minimum of 30 square feet of indoor play space per child. If the City is cited for licensing violations that are due to facility non-compliance issues, the City reserves the right to cease operating the Latchkey Program at that site based upon the compliance date e~#ablished in the citation unless the District chooses to remedy the non- complia~nce at its cost or allows the City the right to implement non-structural remedies at its cost ARTICLE 11..LIMITATION ON LOCATION Nofinritl~tand#ng Section 10 above, aA activities conducted in accordance with this Agreement must be conduced exclusively on a school campus of the Corpus Christi Independent School District pursuant to this Interlocal Agreement. ARTICLE 12. -CONTROL OF FACILITIES AND ANNOUNCEMENTS The Di~r'ict d0es not give up ultimate control of the facilities and retains the right to enforce III n~essary laws, rules and regulations, as well as the right to make announ~emeh~ as the Distract may deem necessary in the interest of public safe . The City wiH operate and cause its agents and employees to cooperate with the delivery ~bf such announcements. ARTICLE 13. -LIABILITY To the extent permitted by law, neither party shall be responsible to the other for personal injuries, losses, claims, damages, or demands caused by the acts or omis~-ions, if any, of such party or its agents, employees, contractors, patrons, guests, licensees, or invitees related to the City conducting the Latchkey Program at District sites. Liabtiity, if any... of either party shall be that prescribed by the laws of the State of Texas. ARTICLE 14. -PUBLIC WEARINGS Pursuant to the Texas Education Code, Section 33.902, the District is required to annually consider, during at least two (2) public hearings, the need for, and availability of, chid care before, after, or both before and after, the school day, and during school holidSys and vacations for the District's school-age students. The public is noted of the h~aringis through advertisements in the Corpus Christi Caller-Times and press releases distributed to the media. ARTICLE 15.-PROGRAARIAATIC CHANGES If the City and District determine that programmatic changes are necessary that modify the reMSpons~ilities of either party as set forth in this Agreement, the City Manager and the ~strict's Superintendent of Schools must mutually agree to the change(s) before they ~tre implemented. ARTICLE 1E8. -NOTICES All no~ces from either party to the other required under this Agreement shall be pers~ally delivered or mailed to such party at the following address: For the City: Ms. Sally Gavlik, Director City of Corpus Christi Parks & Recreation Department P.O. Drawer 9277 Corpus Christi, Texas 78469-9277 For C C I.S.D. Mr. Scott Kucera Corpus Christi I.S.D. P.O. Drawer 110 801 Leopard Street Corpus Christi, Texas 78403-0110 ARTICLE 17. -APPROPRIATION OF FUNDS The City and District agree that the performance of each is subject to the ability of the pares to provide or pay for the services required under this Agreement. The City and Dis~hict 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 of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. ARTICLE 18. -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 Ame-xlments of 1972 (34 C.F.R., Section 106, et seq.), and all other applicable federal and mate nondiscrimination statutes or laws. ARTLE 'f 9. -LAW GOVERNING AND VENUE The parties agree that the law governing this Agreement shall be that of the State of Texan, and that any disputes arising under this Agreement shall have venue in a State Distrito Court of Nueces County. Texas. ARTICLE 20. -MEDIATION The parties agree that any dispute that may arise under this Agreement shall be first submed 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. ARTI("E 21. -FORCE MAJEURE Each arty hereto shall be excused from performance hereunder for an the extent that it is prevented from pertorming any act, in whole or in part, asra aesuldt of delays causal by the other party, or an act of God, war, civil disturbance, court order, labor disputes, third party non-pertormance, or other cause beyond its reasonable control, including, but not limited to, failures or fluctuations in electrical power, heat, light, a~ conditioning, or telecommunications equipment. Such non-pertormance shall not be a default or a ground for termination under this Agreement. WHERIEAS, the City of Corpus Christi 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, if required by law. SIGNED: THE EITY C~ CORPUS CHRIST I George K Noe, City Manager Date: Armat~io Chapa, City Secretary Reviewed and Approved by City's Legal Counsel Lisa Aguilar, sistant City Attorney For City Attr~rney _ Date: ~- (~= CORPUS Date: of INDEPENDENT G~~ D. Scott Elliff~uperinte nt Date: j~f -07 Reviewed and Approved by District's Legal Counsel Imelda Martinez In-Hou a Cou sel Date: ~ -?r6 -07 Corpus Christi, Texas _ of : _,____, 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizc~tdo, Sr Mike: Hummel Bill Kelly Priscilla G. Leal John E. Marez Neld~1 Martinez Michel McCutchon • ~. CITY COUNCIL AGENDA MEMORANDUM Coundi Action Date: May 22, 2007 AGBI~DA [7'EM: A. C)rdinaeoe appropriating $292,903.64 from Unreserved MIS Fund Balance for the purchase of 4irade Service Oriented Architecture Software and Installation services from Mythics of Virgin teach, Virginia; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. O~E8908<b increase appnopriatbns by $292,903.64; and declaring an Emergency. B. Notion +~horizing the City Manager or his designee to purchase ORACLE SOA software and irrstallat~ services from MYTHICS of Virginia Beach, VA in the amount of $292,903.64. The C3lrade SOA Suite is a complete set of service infrastructure components used for building, d~ployiAp, and managing Service Oriented Architecture. MYTHICS is an approved Texas I]~partrr-ent of Information Resources vendor. Funding will be provided from the MIS unreserved fund balance. IS8UE: The ity currently uses numerous software application packages for Utility Billings, Financial Ma meat, Human Resources and Payroll, Fleet Management, Work Management and the phic~lri Information Systems. These software packages and their data bases intact with one anotl~r thr+0ugh custom built interfaces. The creation and maintenance of these interfaces are expeive as changes to them are needed every time a change is made to a software package. Staff ~vest~ted different options to simplify and automate parts of these interfaces and found that the S~nricewOriented Architecture Suite from ORACLE, facilitates the devebpment of modular business sa~rrices that can be easily integrated and reused thus creating a truly flexible, adaptable IT inf~stru~a+e. k will bwer irrtegratbn costs (standardized services know how to work together, enab~g disparate applicatbns to quickly and easily connect); bwer devebpment costs (SOA services aro easiy reused and can be rapidly assembled like building bbcks into new, composite applications without higher-0ost manual programming); and bwer maintenance costs (reusable services reduce the number and irrtemal complexity of IT services, bwering the amount of maint+nance support required for the entire services portfolio). The C~ly reoNved a favorabN quote from MYTHICS to provide and install Oracle's Service Oriented Archcture,~'wite of software; and to create and setup an interface between the Utility Brings (HTE) and rk Mamagement (MAXIMO) Systems for work orders. This will automate exchange of data betwe~ the #e-o systems and reduce manual entry of work orders in both systems. Staff will also be trained in the setup and use of this product and it will be used in future to replace and improve other ir>terfa~es. REQl~tED I:oUNCIL ACTION: City Council approval is required for expenditures over $25,000. ~iEV~'>U3 COUNCIL ACTION: ~... __, _w_,. Counccil au~orized renewal of Oracle Database and Real Application Cluster software support on Nova~ber T, 2006 Court~il au~torized purchase of Oracle Database licenses from MYTHICS on November 16, 2005. Council authorized maintenance and support from Oracle, on October 22, 2002. FUN~MIG: Sour+de of Funds: Unreserved MIS Fund Balance 5210-00000-251850 CONI~LU~lN AND RECOMMENDATION: Staff recommends approval of the motion as presented. o•F•~'~G~c• Ogilvie F. Gericke Director of Information Systems Attachment: Proposal with addendum from MYTHICS Execstive Overview Myth Inc. is pleased to present this proposal to The City of Corpus Christi for the implementation of Oracle's Service Oriented Architecture Suite of softwaze. The follovring proposal is based upon input from the Oracle sales, from discussions with the City of Corpus Christi technical staff, and from our own involvement in the deployment of several lazge scale SOA and BPEL projects. This proposal contains software and consulting services for the end-to-end deployment of the BPEL processes you have outlined, as well as mentoring, "best practices" advice, facilitation, and technical and training. With expertise that spans the complete set of service infrastructure components provided in the Oracle SOA Suite, and specifically Oracle Fusion Middleware, Mythi~s consultants aze at the leading edge of providing the best practices and methods to ensure that services are enabled, managed and orchestrated into working busing processes and composite applications within your organization. We're confident of a dramatic success at the City of Corpus Christi. Mythics is one of Oracle's largest and most senior consulting partners, dealing exclusively with the Oracle product line. As a State of Texas Department of Information Resources Volume Pricing Contract (DIR-VPC 03-18) schedule holder, we can execute this contract efficiently and begin work soonest. As thi: proposal contains significant softwaze discounts, as well as free training from Oracle University, it will expire on the 29m of May, 2007. We look forward to discussing this proposal with you. Scott Tesnow ~Iyth~s, Inc. 757-493-3036 City of Corpus Christi- SOA Software and Implementation Proposal 04007 MyIFYCS, Inc. ~raje{~ Overview BPEL (Business Process Execution Language) is emerging as the standard for assembling a set of discrete services into an end-to-end process flow, radically taeducing the cost and complexity of process integration initiatives. Oracle BPEL process Manager offers a comprehensive and easy-to-use infrastructure for creating, deploying and managing BPEL business processes. Oracle BPEL Process Manager is aplug-and-play, standazd-based infrastructure for integrating systems, services and people activities into easy-to-change process flows. By using BPEL standards, Corpus Christi is ensuring an investment in a business Process automation tool with the power of an open standard. By capturing your business processes in BPEL, you protect your intellectual property and investments while avoiding vendor lock-in. Throu~I Oracle's BPEL Process Manager, Corpus Christi gains unparalleled visibility and administration by visually monitoring the execution of each BPEL process. Implementing BPEL will reduce the cost and complexity of maintaining tustoffi developed interfaces, increases staff productivity by eliminating manual processes required today and reduce errors associated. BPEL also provides Corpus Christi with a platform for Service-Oriented Architecture. lvlythics proposes a proven methodology for irplementation of the BPEL Process ~-+Ianager to support the H.T.E -Maximo Work Order Process. The initial effort will be designed to support the five workflows identified by the Corpus Christi staff, however the underlying Oracle infrastructure will support the implementation of anlimibed new process flows and reporting capabilities. • Process flow 1-New Utility Taps • Process flow 2- Malfunction meter • Process flow 3- High/low meter reads • Process flow 4- Service change • Process flow 5- Customer non-payments of bills 2 City of Corpus Christi- SOA Software and Implementation Proposal 02007 Mytlda. Inc. Annr ~h Mythics will utilize a two person team for the duration of this project. This team will be responsible for all tasks required for this to be a successful deployment. The majority of the estimated hours will be spent working with the Oracle SOA suite; however the team will also be responsible for the following. Business Plrocess ImPioventent.• The lwiythics team has experience in business process improvement efforts utilizing Oracle technology. These experiences, combined with an in the sofware and its capabilities will allow 1VI depth understanding of overall business Y~cs to add significant value to the process objectives of the organization, Where appropriate, the team will make recommendations for optimization of the software and or process to hnprove the overall Oracle solution. ~atabr~ Integration: One of the key objectives of this effort will be to deS tie existing Oracle f ~ a solution that integrates with ocnprint in the organization. The Mythics team will ensure that ~ wol!~ is done within the guidelines outlined by the City of Corpus Christi during the discovery session. If required, Mythics will lever a internal M admini~rators to au ~ ythics database grnent the SOA onsite team. P1~oject Management.• The Mythics Team will provide overall program management, installation, i>~plernieutation, profe~ional services and training support for the City of Corpus C~risti'a SOA implemexttation project. The M ~rerall design and im y~cs Team will be able to manage the pkmentation of the SOA architecture and related network and sdsver i~fi'astructure to ensure that all associated performance metrics are met. Tie Mythics Team's management approach also drives the other core processes in o~rr medtodology including: • Issue Resolution • Scope Control • Quality Assurance • li~sk Management • Grange Management D>~ring ~e Discovery P~aSe, the My~~ team will clearly delineate the roles and res~onsl~ilities between the various groups involved in the proje~, City of Corps Christi- SOA Software and Implementation Proposal ®2a~ ~yn,ics, ac, ~~ Mythi~cs will use a proven methodology for the implementation of the Oracle SOA suite. This process includes the following phases and outputs. High Level Phases of the Mythits Implementation ~~, Ia~Yltua. software Tedha nlp~ ~ spe 'ans and mn6gwatiau sad process inetallatiao and user aalxptance Pry p~ ~ ~ docummtuioa ~ plans ~ _j ._ r - - P'eocess ' Detaileded deaf ': Development Doc~otatlon ' document asd ~ ~ Detailed process pp project ~ integration plan Bows and documentation methoddogy C ~.- - -. _ _- _ .-._ -_-- ---_ __ _ 12 Weeps DtSCOW,Iy Estimated time - 1 Week Curre~dy the City of Corpus Christi has two applications that aze used in the ~dtniul~t'ation of the public utilities of water, gas, and wastewater. Those #~pplica~ions are HTE and Maximo. HTE is the central point of origin for most work orders. Maximo is the application for tracking the execution of those work orders. Currey, the interfacx between HTE and Maximo is a manual process. The City of Corpus Christi would like to automate the exchange of information between HTE and Maximo to reduce the manual entry of work orders in both systems. Discov+eseL-d Risks/Challe-tges and Mitigation 1. HTE is completely "Closed Loop" system. All work orders originated from HTE must be dosed. • The implementation of an integration application will help to ensure that work orders that are opened in HTE and dosed in Maximo will be recorded in HTE. 2. HTE has no AEI's exposed for data insertions /retrieval. In addition HTE design expertise and documentation is not available. 4 City of Corpus Christi- SOA Software and Implementation Proposal X2007 Mytltks, Inc. • Custom interface components will be built to allow the BPEL processes to interface with the HTE database. A design evaluation of the HTE database will be performed to iden ' components that will be involved in the custom interface, the database 3. HTE and MAXIMO do not have a mechanism in place to allow for cross sharing of "in process" information, After a work order is entered into HT'E, the status of that work order is not known until it is closed manually, • This current integration effort will not address the issue of "in process" information exchange. The integration application will provide for the exchange of work order initiation information and closure information. To facilitate "in process" information exchange, additional integration components would need to be developed to provide composite application functionality and would be out of scope for this effort. 4 In the proposed implementation of the interface application the potential exists for duplicate record entry. Although HTE ~ the o ' WO entry, some work orders can be created in Maximo. Ardditionally, H1'E and Maximo will also have the ability to close out WOs manually. Any duplication of i>formation due to the creation or closing of a work order will need to be addressed. • During the initial des ign phase a Business Analysis workshop will be performed to identify the Key Process Areas (KPA) associated with this potential duplication of effort and the business rules associated with the KPAs that will need to be addressed to eliminate the potential for conflict and duplication. Once the business rules have been defined a process definition will be created to implement within the BPEL processes to mitigate this problem. S . The integration piece between Maximo and HTE must be developed with the ldast impact on either system. The existing UIs and application processes lrtust not be modified as a result of the implementation of the integration application. • Design of the BPEL processes will incorporate integration com that will have the leas impact on the exis ' a ponents The integration com ~ Pplication interfaces. ponent for HTE will be primarily database dml accomplished via database interaction between the BPEL processes and the HTE database. The integration component for Maximo will include business objects that are currently p~ of the Maximo product to insert directly into the database. Additionally, Maximo has the capability to perform batch uploads and adapters that accept AIL, HTML, Cgy and perform Java calls. City of Corpus CtuL4ti_ SOA Software and Implementation proposal ~ 2oor swym~a. wee. ..... ..kM,. .,. _ .. w__,W,,,~.. _ ~, system Design Estirne~ed time - 1 Week To st~port the five major business functions of New Utility Taps, Malfunctioning Meter, High/Low Miter Reads, Service Change, and Customer Non-Payment of Sills, faw interface paints will be built in the integration application. These will be the irfaces between HTE and Maximo to support the interchange functions of lslitiati~ a work order in Maximo for a water order, initiating a work order in ~Iaxiato fora gas order, closing a work order in HTE for a water order, and closing work order in HTE for a gas order. The integration application will incorporate SPEC processes to manage the exchange of information between HTE and Maximo. Sof~wmr Installation Estimr~pd time -1 Week The i~egration app~ation will require two major components of the Oracle bechno~igy stack. These components are the Oracle Enterprise Application Server end tie Oracle SOA Suite. The Oracle SOA suite components will need to be installed. The installation processes will entail the following: 1. preliminary analysis of environments and components. An analysis of the environments will be performed to outline the space and instance requirements far the database, the patch and version requirements, and any additional installation considerations for the Oracle stack. 2. The MRCA will be installed. The MRCA creates the metadata objects in the Oracle Enterprise server. These objects include B2B queues and other database objets for the Oracle SOA suite. 3. Installation of Este Oracle Enterprise Application Server and support packs. 4. The Oracle SOA Suite will be installed. The SOA suite will be installed in two environments to support development and production. Any patches determined to be necessary by the preliminary installation analysis will be installed. lntegra~ion and Process Devielopment ~'stYmalad time -6 Weeks 1. 1~-elop easta~ri HTE iate><face con~roaents: Custom interface components will be built to allow the BPEL processes to interface with the HTE database. A design evaluation of the HTE database will be performed to identify the 6 City of Corpus Christi- SOA Software and Implementation Proposal O~O(li Mylhks, hc. ..._.s.. -~,:.~- ,w _..,... ,.~ .«-:>.....~.,..._ • ...~. W.-.... ....... -.... _ .... .:..... ,.,.,......... _.....,...-...... ..... _......,.~.: _.....a.. ..mss,. .._. .~... ~ ~.._...-.... ... ,,~ 2. Develop process for exchanging information fro>rn HTE to Maximo for water wow o>riers: Work orders for water that are generated in HTE must be transferred to Maximo. The information necessary for the creation of a work order in Maximo will be transferred to Maximo by a BPEL process built for this function. The BPEL process to support his function will use the custom HTE interface components built prior to this implementation as well as the standard Maximo business object components. This process will also include the business rule logic to help mitigate the risk of duplicate information being transferred to Maximo. This process will be developed and tested by the developer and then application tested with HTE acting as a work order originator. Develop Procem for exchanging i>formation from HTE to Maximo for gas work orders: Work orders for gas that are generated in HTE must be transferred to Maximo. The information necessary for the creation of a work order in Maximo will be transferred to Maximo by a BPEL process built for this function. The BPEL process to support his function will use the custom HTE interface components built prior to this implementation as well as the standard Maximo business object components. This process will also include the business rule logic to help mitigate the risk of duplicate information being transferred to Maximo. This process will be developed and tested by the developer and then application tested with HTE acting as a work order originator. 4. Develop process for exchanging information from Maximo to HTE for water wow ot+iers: Work orders that are closed in Maximo must be transferred to HTE so that HTE can close the work order. The information necessary for the closure of a work order in HTE will be transferred to HTE by a BPEL process built for this function. The BPEL process to support his function will use the custom HTE interface components built prior to this implementation as well as the standard Maximo business object components. This process will also include the business rule logic to help mitigate the risk of duplicate information being transferred to HTE. This process will be developed and tented by the developer and then application tested with HTE ailing as a work alder originator. City of Corpus Christi- SOA Software and Implementation Proposal ®2oos~nr,~a, mc. database components that will be involved in the custom interface. As a result of the evaluation the appropriate components will be developed and developer testing of these components will be performed. . Develop process for exchanging information fmm Maximo to HTE for gas w-oric orders: Work orders that are closed in Maximo must be transferred to HTE so that HTE can close the work order. The information necessary for the closure of a work order in HTE will be transferred to HTE by a BPEL process built for this function. The BPEL process to support his function will use the custom HTE interface components built prior to this implementation as well as the standard Maximo business object components. This process will also include the business rule logic to help mitigate the risk of duplicate information being transferred to HTE. This process will be developed and tested by the developer and then application tested with HTE acting as a work order originator. ?'esting 1'yocess Estimated time - 2 Weeks The appropriate testing process will be determined in the initial design phases of the project. The testing process will outline the expectations for the following: I . Developer testing. This will outline the steps that a developer will take when self testing an application component during the development cycle. 2. Unit testing. This will outline the steps that will be taken to ensure that an application component is completed the development cycle and prior to implementation into the production configuration. 3. Acceptance test. This will outline the step to be taken to accept an application component into the production configuration. 4, Configuration management. This will be the tracking and maintenance of the current configuration during development thru to production. .pocumcntation estimated time -1 Week ~ocui~entation requilrements will be determined during the initial design phase of 1~e project. The documentation should include the following: 1. Footprint installation document. This will outline the step to take to install the Oracle footprint components and list any patches that will be applied. 2. Configuration document. This will outline the components of the integration application and the functions that they perform. 3. Other supporting documentation as determined during the initial design P~~ S City of Corpus Christi- SOA Software and Implementation Proposal Q2001 , Inc. Tr-?l.~ Mythics, Inc. firmly believes that the Mentoring approach combined with the Oracle Certified implementation methodology and experienced resources, will deliver a succes~'u1 system to the City of Corpus Christi. With this spirit in mind, significant system administrator training will be conducted during the installation of the SOA Suite itself, as well the subsequent process design tasks. In addition, M like to extend the following free training course for two employee~with~ he acceptance of this proposal by May 29~ 2007. Scle BPE_ P__ rock ManaaPr• Seri+i~ec Or hPCtrat,nn part1C1 III th>s COUrse, the pants will learn the basic concepts of business process integration and human vrorkflt~w management using the Oracle BPEL Process Manager product. Participants will learn how to install, configure, and administer Oracle BPEL Process lti~anager. They will learn how to apply the Business Process Execution Language (BPEL) standard for assembling a set of discrete services into anend-to-end process fbw• They will also learn how to translate and transform data using the Oracle BPEL Process Manager adapters. 3 Days .4vailalak at Oracle University Training Centers $)800/Value per Student 9 City of Corpus Christi_ SOA Software and Implementation proposal ®2oot tayr~~cs, r~ host Overview Solution Total: $382,838.16 Serviccx~: $178,244.16 Software: $204,594 oral Scrvices Coss ythica proposes two full time consultants for this project. ~~ . ~ ~ s . ~ . L.t . iM~~1~ +'' ' Mythita Senior .Con t 480 S 223.70 17% S 185.67 S 89 122.08 Mythitx Senior .;Cons t 480 S 223.70 17% S 185.67 S 89 122.08 a Total ~ ;17= 16 Pricing Notes: *The above rate is inclusive of any travel and expenses. **This work will be done on a Time & Materials basis; the above plan is a suggestion and is only an estimate of the total number of hours required to accomplish these tasks. The client will only be billed for services rendered, should the work take less than the estimated period of performance. 10 City of Corpus Christi- SOA Software and Implementation Proposal tssoo~ Mylr~iaa, m~ ~..1Ce11~ C OStS ORACLE CONTRACT INFORMATION End-User License Agreement: Texas DIR Contract #: DIR-VPC-03-018 This ordering document incorporates by reference the terms " of the agreement specified above ( agreement"). .: ~ 'Estenied ~- ~ Support: S~'twaze Updates and Processor p ~ 3 ~ $50,000.00 ~ o 35 /o S 32 500.00 S R3cse: 97 500.0( Pro~trct Support Processor 1 Year 3 $11,000.00 Applicaties~ Server Ente>tpdse 35% S 7 150.00 S 21 450.00 Edition Prootasor P 3 $30,000.00 Support: S9titwaze Updates and 35% S 19 500.00 5 58 500.00 Pro~rct S rt Processor 1 Year 3 $6,600.00 Applicatio~ServerDlapiostics 35% S 4 290.00 $ 12 870.00 Pack Processor P 3 $3,000.00 Support; Stt~vaze Updates and 35% $ 1950.00 S 5 850.00 pr~~ Su Processor Year 3 $660.00 6~aoa 9er-er 35% S 429.00 $ 1287.00 Con n Maaasesnent Pack Processor 3 $3,000.00 Support: So~waze Updates and Pe al 35°~ S 1 950.00 $ S 850.00 Product Support Processor ] Year 3 $660.00 35% $ 429.00 $ 1.287_[)0 License Fees: 5167,700.00 Updates Subscription /Product Support Fees: S36,894.00 Total License aai Spit Fees: s194,S9~4:00 11 City of Corpus Christi- SOA Software and Implementation proposal ®20~ MYmics. Inc. contract Information Client.flbli lions • Ensure that the on site resource provided by Mythics has reasonable access to your personnel as neoded, and that the client team members participate as required. • Designate an Executive Sponsor with decision-making authority, who will review issues and make timely decisions on your behalf, and be responsible for the effort from your perspective. • Ensure the availability and reliability of the hardware, operating system, and supporting equipment for the duration of the project. • Provide adequate systems support to the Mythics consultant during the course of the project. • Mythics will be responsible for day-to-day project management. • Mythics will provide the following resources: Mythics Delivery Consultant. tesnowibilities of both names • This project is a mutual partnership. The success of the project depends on the mutual co-operation of both Client and MYTHICS. Both parties should always act in agreement towards meeting the defined project objectives and managing scope. l~vm~ut Terms Mythics shall invoice Client monthly. The Client agrees to pay all invoices in full within 30 daps of invoicing and agrees to pay an additional 1% per month for each month that an invoice remains unpaid, starting 30 days after receipt of the invoice. Accepted by Corpus Christi Accepted by MYTT3ICS Inc. ,~ 1T,~u. k) _J Authorized Signature Authorized Signature 12 City of Corpus Christi- SOA Software and Implementation Proposal 0007 Mylhkms. Inc. Based oa the meeting discussion yesterday, Mythics has re fbr the SOA Implemenprtion project with the City of CorpusCmhristi. TLe llowina timate ~o=~ton reflects a ~dued cost to the City, Lowever we are still confident in onr #bility didiver tlhe complete soltation as indicated in the pmposal. The following changes have been made: • Software for test/dev environment has been changed to a named user structure. • Professional services time estimates have been reduced from 2 full time people for 12 weeks, to one consultant for 12 weeks and one for 6 weeks. • The indivkiual far the 6 weeks would be working in an offsite azrangement. This will reduce the cost of travel and slightly lower the labor rate. • We have reduced the hourly rate for the onsite individual. 1$se revised cost proposal is indicated below: Onsite Resource OfTsite Resource • The City will provide a part time resource to assist in the integration of Oracle with Maximo. • Tire City will provide access to an Oracle DBA to assist in the configuration efforts. • Tire City of Corpus Christi will lead the acceptance testing. • Changes to scope and budget will be agreed to by both the City of Corpus Christi and Mythics pnor to beginning respective work. Addendum to Macs Lnc. oroaos~ to City Comte Chr±sti fir n.n,.~ SOA IItaion seryic~e• T1te above reduces the cost of the professional services total by 32%. To otlset this change, we would request the following: Revised Oracle Software Oracle Oescle Nnmber of U~t DLcamt Discounted E:tenied Product Desaliptioa Team License Type Licenses Price Perceeta~e Udt Price Price SOA Sine forOrade Middleware Perpetual Processor 2 $50,000.00 359'a $32,500.00 $65,000.00 Support: Softwa~ Updaoes aad Product 9Mpport 1 Yeaz Processor 2 511,000.00 35% 57,150.00 $14,300.00 Application 1~erver Enterprise P..dition P~u~ Processor 2 530,000.00 35% 519,500.00 $39,000.00 Support: SoRwask Update and Product Slpport I year Processor 2 56,600.00 35% 54,290.00 SS,580.00 AS Diagnostic Pack Perpetual Processor 2 53,000.00 35% $1,950.00 53,900.00 Support: Softwanp Updaoea and Product Support 1 Year Processor 2 $660.00 35% $429.00 $858.00 AS CanSgugtion ManagementlE'ack Perpetual ~~ 2 $3,000.Op 35% 51,950.00 53,900.00 Support: Softwatt Updates and Product S~ppcxt I yeaz Processor 2 $660.00 35% $429.00 5858.00 SOA Suite forprade Mrddkw~pe Perpetual Named User Plus 25 $1,000.00 35% 5650.00 $16,250.00 Support: Softwar6 Updaod and Product S~pporr 1 year Named User Plus 25 5220.00 35% $143.00 $3,575.00 Application Sltrver Enterprise Edon Perpetual Named User Plus 25 5600.00 35% 5390.00 59,750.00 Support: Softwaal Update and Product Swpport 7 yeaz Nanted User Plus 25 5132.00 35oYo $85.80 $2,145.00 AS DiagnostiePadc Ptrpetual Named User Plus 25 $60.00 35% $39.00 5975.00 _.... ..... ....... ..., c. ~, __ .,.,~,.~.. Support: SoftwalNe Updates and Product 9ltppon l Ycaz Named User Plus 25 513.20 35% AS Con6gu~n ManagemeafPacS Perpetual Named User Plus 25 $60.00 35% Suppon: Softwast Updates and Product SSypport l year Named User Plus 25 513.20 35°h New Solution Total Totem X292,903.64 Soft~-aze: $170,495 Services: $122,408.64 x•58 5214.50 539.00 5975.00 ~•Sg 5214.50 LICEN8E 5139,750.00 ~T• 530,745.00 TOT,lL P1~IC~' 51'70,495.00 ORDINANCE AP~+ROP~tIATING $292,903.64 FROM UNRESERVED MIS FUND BALANCE FOR THE PURCHASE OF ORACLE SERVICE ORIENTED ARCHITECTURE SOFTWARE AND INSTALLATION SERVICES FROM MYTHICS OF VIRGINIA BEACH, VIRGINIA; AMENDING THE FY 2006-2007 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026908 TO INCREASE APPROPRIATIONS BY $22,903.64; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $292,903.64 is appropriated from unreserved MIS Fund balance for the purchase of Oracle Service Oriented Architecture Software and installation services from MYTHICS of Virginia Beach, Virginia. SE~TIOlw12. That the FY 2006-2007 operating budget adopted by Ordinance 0208 is amended to increase appropriations by $292,903.64. SE~TIO~13. 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 imrnediale action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting ups ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this day of May, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: May 18 2007 ' > -- . a IIaC - ----- - - -_ -- AststantCity Attorney for City Attorney Corpus Christi.. Texas day of _____ , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For ~e reasons set forth in the emergency clause of the foregoing ordinance an eme~genc~r exists requiring suspension of the Charter rule as to consideration and voting upan ordinances at two regular meetings: Uwe, 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 M~ambers The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mik! Hur»mell Bill MCelly Priscilla G. Leal John E. Marez Melia Martinez Michael McCutchon 9 AGENDA MEMORANDUM Date: May 22, 2007 SUIIf~TECT: Appropriation of funds for Northwest Branch Library AG>~NDA ITEMS: a. Resolution authorizing the City Manager, or his designee, to execute a Gift Agreement with the F°tiends of Corpus Christi Public Libraries in an amount not to exceed $10,500, for computer and related equipment and software for the Northwest Branch Library. b. O~iinance appropriating $11,000 into the Library Fund No. 1020 for computers and books for the NTorthwest Branch Library from the following sources: $10,500 from the Friends of Corpus Chri.l~ti Public Libraries and $500 from Wal-Mart; amending FY 2006-2007 General Fund Budget adopted by Ordinance no. 026908 to increase both estimated revenues and appropriations by $~ 1,000 each; and declaring an emergency. ISSUE: The 1~oard of Directors of the Friends of Corpus Christi Public Libraries has raised funds for the Nort~:west Branch Library to augment the voter approved $2 million which provides for expatMsion and renovation of Northwest. The Gift Agreement provides $10,500 for computers and related equipment and software. Included is $4,000 from Lyondell for computers for the childf~en's library- Wal-Mart's $500 gift will be used for children's books. REC~LJIRED COUNCIL ACTION: Council authorization required for appropriation of funds. RECQMMENDATION: Staff recommends approval Herb Canales Director of Libraries A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ECUTE A GAT AGREEMENT WITH THE FRIENDS OF CORPUS Cl~tISTI PUBL~ LIBRARIES IN AN AMOUNT NOT TO EXCEED $10,500.00, FOR COMPUTER AND RELATED EQUIPMENT AND SOfFTWARE FOR THE NORTHWEST BRANCH LIBRARY. BE IT R680LVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS, 'IrHAT; SE~'TION 1. The City Manager, or his designee, is authorized to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in an amount not to exceed 610,500.00 for computers and related equipment and software for the Nor~west Branch Library. AT~ST: Armando Chapa Ass~tant Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APM~ROVED AS TO FORM: May 15, 2007 ~~ Wendy E. O n , Assbtant City Attorney For City Attorney r_ __. _.._ ~._.., ._ _ _._ .~ -_..~..,.._ ~.....~,..,, .,.. Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizortido, Sr Mike ~iummel Biil KNIy Prisci~a G. Leal John E. Marez Nelda Martinez Michael McCutchon GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES NORTHWEST BRANCH LIBRARY Thy agreement ("Agreement") is made by and between the City of Corpus Christi ("City"), ahome-rule municipal corporation organized under the laws of the State of Texas, acid the Friends of Corpus Christi Public Libraries ("Friends"), a 501 (c) (3) or~nization which solely exists to benefit the City's public libraries. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, the parties mutually agree as follows: (I) The City accepts a gift ("Gift") from the Friends in an amount not to exceed $10,500.00, which will be used solely and exclusively for computers and related equipment and software for the Northwest Branch Library. (") All interest that accrues on the Gift will be used solely for this project. (~} The total amount of $10,500 from the Friends shall be given to the City prior to appropriation by the City. (4) Any portion of the Gift not disbursed by the City within two years from the date of this Agreement will be reimbursed to the Friends. (5) This Agreement cannot be assigned, modified, or amended unless both parties mutually consent to the assignment, modification, or amendment. Additionally, any assignment, modification, or amendment must be made in writing and executed by representatives of each pam . (6} This Agreement will be interpreted in accordance with the laws of the State of Texas. Executed in duplicate. each of which shall be considered an original, on this the -___ -day of -- __ , 2,007. ATTEST: Armando Chapa City Secretar} F)l~EN OF CORPUS CHRISTI PUBLIC LIBRARIES CITY OF CORPUS CHRISTI George K. Noe City Manager Appprov~i as to form: ,~~___ Wind ~ O deft '~ y ~ Asl~istant City Attorney fot~ the City Attorney 2007. B 7~®0~ entteth L. Kellar, President Date / ~. Michael A. Howell, Treasurer =~ Date AN ORDINANCE APPROPRIATING $11,000 INTO THE LIBRARY FUND NO. 1020 FOR CQMAPUTERS AND BOOKS FOR THE NORTHWEST BRANCH L~RARY FROM THE FOLLOWING SOURCES: $10,500 FROM THE FP~NDS OF Ct~RPUS CHRISTI PUBLIC LIBRARIES AND $500 FROM WAL-MART; AMENDING FY 2006-2007 GENERAL FUND BUDGET AMOPTED BY ORDINANCE NO. 026908 TO INCREASE BOTH E~iTIMATED REVENUES AND APPROPRIATIONS BY $11,000 EACH; ALA DECLARING AN EMERGENCY. BE IT OMDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEItAS: SE~TIO~1 1. That $11,000 is appropriated into the Library Fund No. 1020 for cortl~uters and books for the Northwest Branch Library from the following sources: $1 Q500 from the Friends of Corpus Christi Public Libraries and $500 from Wal-Mart. SECTION 2. That the FY 2006-2007 Genera! Fund Budget adopted by Ordinance No. 02808 is amended to increase both estimated revenues and appropriations by $11,000 each. SE~TIOM 3. That upon written request of the Mayor or five Council members, copy attaiirhed, 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 ordances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22"d day of May, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Arn~ndo Chaps City Secretary Henry Garrett Mayor AP~R011~D AT TO FORM: May 15, 2007 We~hdy E. O en Assistant City Attorney For City Attorney Corpus Christi, Texas day of ~_ _, 2007 TO Tt~iE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an eme~ency exists requiring suspension of the Charter rule as to consideration and votirt~ upon ordinances at two regular meetings: I/we, therefore, request that you suspiend 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 Mrrnbers The shove ordinance was passed by the following vote: Henr~- Garrett Melody Cooper Larr~t Elizortdo, Sr. Mike: Hummel Bill belly Prist~lla G. Leal John. E. Marez Neldi~ Martinez Michel McCutchon 10 AGENDA MEMORANDUM Date: May 22, 2007 SUB3ECT: Appropriation of funds for Parkdale Branch Library AGENDA ITEMS: Ordinance appropriating $5,902.61 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,947.19 from mined interest from the William T. Neyland Estate and $3,955.42 from unappropriated interest earni>rtgs frorri the Library CIP Fund No. 3210; amending FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $5,902.61; and declaring an emergency. ISSUE: The City Library is named as a beneficiary in the Anita Neyland Trust, established under the Last Will and Testament of W. T. Neyland, who died in 1985. Upon the death of Mrs. Neyland the Trust was to be distributed in four equal parts to the following: City Library, the First Presbyterian Church, a son and a biomedical institution. Mrs. Neyland died on October 28, 2004. To date over 5800,000 has been received from the estate. REQUIRED COUNCIL ACTION: Council authorization required for appropriation of funds. PRIOR COUNCIL ACTION: Resolution No. 026056 (December 14, 2004) accepting a cash distribution from the William T. Neyland Estate Ordi»nce No. 026128 (January 25, 2005) appropriating up to $600,000 from William T. Neyland Es~tte into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch Library to the "William J~. Neyland Public Library" upon completion of improvements to the facility. Resoitttion No. 026752 (April 2~, 2006) amending Resolution No. 026056 to authorize City Manager or designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland. Reso~tion No. 026833 (June 27, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with 55,000 for improvements to the Parkdale Branch Library. Ordi~nce No. 026834 (June 27, 2006) appropriating $257,353.70 into the Library CIP Fund No. 10 for improvements to the Parkdale Branch Library from the following sources: $187,458.5? from the William T. Neyland Estate; $55,000 from the Friends of Corpus Christi Public Libraries; and $14,894.13 from unappropriated interest earnings from the Library CIP Fund Alo. 3210 for Parkdale library improvements. Page Tu~r Library Resaution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. Ordinance No. 026942 (August 29, 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005-2006 Capital adopted by Ordinance No. 0261$$ to increase appropriations by $4,492.87. Resoll~tion No. 027106 (January l 6, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $101,000.00 to the City for improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bsll Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch Library; $3,119.47 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the Library CIP Fund No. 321.0 for the Bell Children's Library at the Central Library; amending FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $131,750.32; and declaring an emergency. Ordinance No. 0271132 (January 30, 2007) appropriating $8,000 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate; amending FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000; and declaring an emergency. Resolution No. 027177 (March 20, 2007) authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. Ordi~nce No. 027237 (Apri124, 2007) appropriating $18,223.38 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $6,44.68 firnn Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $18,223.38; and declaring an emergency. REC(~ViMENDATION: Staff r+rcomrnends approval. ~~ ~~ Herb Canales Director of Libraries AN ORDINANCE API~ROPRIATINt3 $5,902.61 INTO THE LIBRARY CIP FUND NO. 3210, PRpJECT NO. 120095, FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES: $1,947.19 FRAM MINERAL INTEREST FROM THE WILLIAM T. NEYLAND ESTATE AND $3,955.42 FROM UNAPPROPRIATED INTEREST EA~IINGS FROM THE LIBRARY CIP FUND NO. 3210; AMENDING FY 2001-2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 TO ~ICREASE APPROPRIATIONS BY $5,902.61; AND DECLARING AN EMERGENCY. BE ~ O~AINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SEC~'ION 1. That $5,902.61 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,947.19 from mineral interest from the William T. Neyland Estate and $3,5.42 from unappropriated interest earnings from the Library CIP Fund No. 3210. SECTION 2. That the FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 is amender! to increase appropriations by $5,902.61. SECTION 3. That upon written request of the Mayor or five Council members, copy atta~ed, the City Council (1) finds and declares an emergency due to the need for imrrro~diate 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 22"d day of May, 2007. AT11=ST: THE CITY OF CORPUS CHRISTI Arrriando Chapa Henry Garrett City-Secretary Mayor AP~R01~D AT TO FOIFtM: May 17, 2007 Weedy E. O en As~stant City Attorney For~City Attorney Corpue Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpue Chr~ti, 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 suspeirtd sand Charter rule and pass this ordinance finally on the date it is introduced, or at the ~res~t meeting of the City Council Respectfully, Respectfully, Henry Garrett Mayor Coun1~1 Members The move ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry ~lizorxlo, Sr Mike (pummel Bill Keiiy Priscila G. Leal John E. Marez Nelda Mar't~tez Michael McCutchon 11 ___ .~ __ _~. AGENDA MEMORANDUM May 22, 2007 AGE(~A ITEM: a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Ray Thurman, owner and developer of Saratoga Industrial Place Unit 1, Block 1, Lots 1A 8~ 2A located east of State Highway 286 and south of Saratoga Boulevard for the installation of 141 linear feet of 12-inch PVC water grid main; and b. Ordinance appropriating $34,002.22 from the Arterial Transmission & Grid Main Trust Fund No. 5404350-21805-4030 to reimburse Ray Thurman for the installation of 141 linear feet of 12-inch PVC grid main to develop Saratoga Industrial Place Unit 1, Block 1, Lots 1A & 2A; and declaring an emergency ISSU16k Ray Thurman, owner and Developer of Saratoga Industrial Place Unit 1, Block 1, Lots 1A & 2A, will start tide installation of 141 linear feet of 12-inch PVC water grid main, once the City Council approves the Arteri~ Tranarr-ission and Grid-Main Construction and Reimbursement Agreement and appropriates funds to pay fo>tthe instillation from the Arterial Transmission and Grid Main Trust Fund incompliance with the Platting Ordinance RECCII~MEN~-TION: Staff recommends approval of the motion and ordinance as presented. L / ~.~: ~ _ Deborah A. Marroquin, P.E. Interim Directnr of Development Services Attachments: EiN[hibit A F,.~thibit B E1i:hibit C E~thibit [) Exhibit E Exhibit F Background Information Location Map Schematic 12" Proposed Waterline Application for Waterline Reimbursement Engineer's Estimate Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BAC~GRt~lJND: The development and platting of Saratoga Industrial Place Unit 1, Block 1, Lois 1A ~ 2A (Exhibit i3) requires a total extension of 141 linear feet of 12-inch PVC water grid main along the east side of State Highway 286. The proposed 12-inch water grid chain begins at the existing 12-inch water line previously installed by others and extends south, along State Highway 286 approximately 141 linear feet terminating at the Saraibga Industrial Place Unit 1. Block 1, Lots 1A & 2A south property line (Exhibit C). The 't2-inch water grid main is consistent with the City's 1997 Water Distribution System Master Plan. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in comp~ancer with provisions of the Platting Ordinance. The Application for Water Line Reim~ursernent (Exhibit D) and supporting cost documentation is attached. The total construction cost submitted by the developer for the installation of 141 linear feet of 12-inch PVC water grid main is $34,002.22 (Exhibit E). Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursernent determined on the actual construction cost, not to exceed $34,002.22. Exhibit A Page 1 of 1 .,,.. ~-.. ~ __ M _ -,~,.- - -,~..... _ ___ ._ R_ . _ . ~.._ ~. s~..~ Crosstown Freeway (State Highway 286) 0 Site Ayers Street (State Highway Business 286) ~ ~ U C ~ Camwood_~~ ~ w o ~ o~ ~ ~ o ~ ~ s v °' O o +~ ~ o v +, (.n (n Rare er v~ >- o, Q~ Q Allencrest ama s~ramo e Deer r ek Will sto La ros e Pen let n Choctaw c > o ~ J ~ v ~ ~ a~ .~ ~ _ ~ a. White Bird a o° 0 2 Christine Crest Pebble C:~RAWING l~OT TO SCALE c`~~o~rsua~a © 2007 by Urban Erginaering A®AN ENGINEERING coaPUs m. ~~ ~ ~ Exhibit B '~~""niS""141 DATE: 04 3o c Paae 1 of 1 ~.. H ,~, ~w s • r ~ ~ ~~ f R .. s ~~^ i O~ i Z 6 ~ a ~ .e a ~ .° ," ~` -t ~ . ~~ ;d ff~ ~ - a ~ ~- ~~,~ 8 _ ~ ., a ~ ~ ~'~~Ji""~ c I =~ • • • ~ ~ i _~ ~ w ' ~- : o~ 1 :a E ~ . / ~~ ~ i i ji ~ • •. .~ -1rr -------------------~------------ _~~~ ~ _~~~ ~v ~¢ ~ ~~ ~~ ~n~wt c Paae 1 of 1 APPLICATION FOR WATERLINE REIMBURSEMENT I, Ray Thurman, owner and developer of proposed Saratoea Industrial Place Unit 1 Block 1 Loth 1 A & 2A Subdivision, hereby request reimbursement of $34,002.22 for the installation of the water grid main in conjunction with Saratoea Industrial Place Unit 1 Block 1 Lots lA & 2A Suldivision, as provided for by City Ordinance No. 17092. Said $34,002.22 is the construction cost, Engineering, 3°% construction staking, and topographic surveying as shown by the cost supporting documents attached herewith_ (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on - ~ ~~~ ~~ , 20~ by C'~„ ~~ , a Texas Corporation, on behalf of the said co oration. ,nu4r v. crow ? ~ coMwss~or, acmes _ 8~v~6Kto'2ooe Not ubli m and for Nueces County, Texas CER IFICATION 'The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: ta) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund, and ib) appropriation and approval by the City Council. ~ ~ ~, Development Services Engineer /~~C~'~ (Date) Exhibit D ENGINEER'S ESTIMATE _ ~ ~ t~ls ~ 4n o 7 JOB NO. 14147.A7.00 It~n + 5 Unit nd rice otal cunt _ ._ _ ._ __ -- . _____ 1 1 - 150 LF $40.00 $6 000 00 2 1 vbl lowoff Valve _ _ -_ _ _ 1 EA $850,00 . :00 3 1 2 EA 1700.00 400.00 4 Fi ----- ~ 2 EA r.~0 DD ~ 5 Tie Exiak ine --- -- - -- - 2 EA $1 000.00 000.00 6 R ve Conc. Flume ~ 1 LS 750.00 750:00 ? R e of E~ost. 'n Link Fence __ ---- _ __ _ _ 158 LF .00 74.00 Water I is trtotel 2 4 --- --r-- . ---- . -. __ _ _ _ . - . _ . _ _ -----+-- B. Ibms _ -- ---~-___ 1~ I C ions, OCP, Bonds 1 LS $4.000.00 $4000.00 ' nexus u on on on ota ~__ _ .~ - - _ _ --- _ 9 _ _-- _~ rwy ng - - - - -_ _ --- - _ - t ~___ -__ -- ---_.____-. --- --- - - +-- ~ es~rMnt Exhibit E age o URBAJV ENGINEERING 2725 SWANTNER CC, TX 78404 Page 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule munic~ality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Ray Thurrnan, 5501 King Acres, Corpus Christi, Texas 78414 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to dev~op a tract of land of approximately 1.817 acres called Saratoga Industrial Place Unit 1, Block 1, Lots 1 A 8~ 2A, located east of State Highway 286 and south of Saratoga Boulevard, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12-inch PVC grid main; WHIREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12-inch PVC grid main; WHEREAS, it is essential that the 12-inch PVC grid main be constructed along State Highway 28fi, in connection with Saratoga Industrial Place Unit 1, Block 1, Lots 1A & 2A for it~nrill provide future service connections to the south; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. R`~QUItRED CONSTRUCTION The pevelpper shall construct the 12-inch PVC grid main needed for Saratoga Industrial Placa Unit 1, Block 1, Lots 1 A & 2A in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2 PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12-inch PVC grid main, as shown in Exhibit 1, with the following basic design: (1) Install 141 linear feet of 12-inch PVC grid main. (2) Install 1 (one) 12-inch Cap with 2-inch Blow-Off Valve. (3) Install 2 (two) 12-inch Gate Valves. t of o Exhibit F (4) Install 2 (two) Fire Hydrant Assemblies. (5) Install 2 (two)Tie to Existing Waterline. (6) Remove and Replace Concrete Flume. (7) Remove and Dispose of 158 linear feet of Existing Chain Link Fence. The 12-inch PVC grid main will be constructed beginning at the existing 12- inch water line previously installed by others and extend south, along State Highway 286 approximately 141 linear feet terminating at the Saratoga Industrial Plaee Unit 1, Block 1, Lots 1 A & 2A south property line. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 12-inch PVC grid main, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the 12-hitch PVC grid main. 4. P"~ATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12-inch grid main shall be constructed in accordance with the approved plans and specifications and completed by May 31, 2008. 6. T~IIE IS OF THE ESSENCE. Time is of the essence wn the performance of this contract. 7 FAULT. The ~Ilowi~g events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10fn calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40rn calendar day after the date of approval by City Council. 2 of 6 c. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70~ calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before May 31, 2008. In tFte event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plats} or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and ;pec~~ations for the construction of the project, contracts for testing services, and withlthe contractor for the construction of the project shall provide that the City shall be a thud party beneficiary of each contract. 9. PERFCJRMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before begi~tning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,00. The performance and payment bond shall comply with Texas Government Cody, Chapter 2253 and shall be in the form and substance as attached hereto. The perft~rmance and payment bond shall name Developer and City as joint obligees. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to pertorm such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer.. Developer will pay to City the cost of such pertormance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 3of6 11 WARRANTY, Dev~oper shall have contractor execute a warranty of the workmanship of and function of the 12-inch PVC grid main and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12 REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid main, uporf satin#actory completion and testing in compliance with approved plans and spec~ications, and final acceptance not to exceed $34,002.22. See Cost Estimate attached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12-inch PVC grid main by the professional engineer hired by the Developer. 13. IMhIDE~IYIFICATION. Developer shall indemnify and hold harmless the City, its agents, oilers, and employees from all suits, actions, or claims and from all liabty fast any and all injuries or damages sustained by any person, including with~iut /i~ftation workers compensation, personal injury or death, arising from or inidertt to this 12-inch PVC grid main construction. 14. 'his agreement is a covenant running with the land, Saratoga Industrial Place Unit 1. Blt~k 1, Lots 1A & 2A, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. i~FISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this R~greement, the Disclosure of Ownership interests form attached hereto as Exhibit 4. 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure #o the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 4 of 6 EXECUTED IN DUPLICATE originals, this _ day of ATTEST: CITY OF CORPUS CHRISTI Armando Chapa. City Secretary 2007. George K. Noe, City Manager APP~tOVED: !~~` day of ty k--'~-- _, 2007 ~ Smith Ass~i tant City Attorney for the City Attorney THE STATE OF TEXAS COUt~ITY C}F NUECES This instrument was acknowledged before me on 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule muni~lpal cxrporation, on behalf of the corporation. Notary Public, State of Texas 5of6 DEVELORER: Ray Thurman By' ~ -- yThurman THE STATE OF TEXAS COU~JTY Of NUECES This instrument was acknowledged before me on ~ , 2007, by Ray Thurman. / No Pu ` c, State of Texas JUDY V. CROW 91= MY COMMISSION EXPIRES 9epMnlb~r 10, 2009 sors .....z._..,..~..,.. .~ ~...~. ~~~. ._..,,, CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Ct~rpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer v~ith "NA". FIRM NAwAE /~~ 7icuK,u q ~/ STREET: ~~~ l~ r r/G c ~ r-S CITY:_. ~ ~ vl ~ /f~i S7 i ~ ZIP: ~~ ~/ S1' . FIRM is: 1 Corporation '= 2. Partnership - 3. Sole Owner +~ 4. Association 5 ether DISCLOSURE QUESTIONS If additior~l space is necessary.. please use the reverse side of this page or attach separate sheet. 1. Stata the names of each "employee" of the City of Corpus Christi having an "ownership interest" constutin~ 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) X/p ,~/ t 2. Stye the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title ~/' o ,v 3. State the n~lrnes of each "board member" of the City of Corpus Christi having an "ownership interest" consuting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee ~aNc 4. State ire naffs of each employee or officer of a "consultant" for the City of Corpus Christi who worked on ant matter related to the subject of this contract and has an "ownership interest" constituting 3% or more 4f the ownership in the above named "firm". Name Consultant 1Uodc.- CERTIFICATE i certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld d~closure of any information requested; and that supplemental statements will be promptly submitted to the City of corpus Christi. Texas as changes occur. Certifying Berson: ~~~_ ~,,~ ,-, ,~ ,.~ __ Title: O w .~ ~=- +'z {Type or Print Signature of Certifying Person __ _____ Date: J`'t '4 Y r S~~ s v ~ "~ Exhibit 4 .. _,...~. Page 1 of 2 AN ORDINANCE APPROPRIATINSa $34,002.22 FROM THE ARTERIAL TRANSMISSION ~ GRID MAIN T~tUST FUND NO. 540450-21805-4030 TO REIMBURSE RA'Y THURMAN FOR THE INSTALLATION OF 141 LINEAR FEET OF 12-ti~ICH PVC GRID MAIN TO DEVELOP SARATOGA INDUSTRIAL PLACE, UNIT 1, BLOCK 1, LOTS 1A 8~ 2A; AND DECLARING AN EMERGENCY. BE R' ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1, That $34,002.22 is appropriated from the Arterial Transmission & Grid Maim Trust Fund No. 540450-21805-4030 to reimburse Ray Thurman, Owner and Developer of Saratoga Industrial Place Unit 1, Block 1, Lots 1A & 2A, for the installation of 141 linear feet of 12-inch PVC grid main along the east side of State Highway 286 and south of Saratoga Boulevard. SECTION 2. That upon written request of the Mayor or five council members, copy atta~ed, the City Council finds and declares an emergency due to the need for immldiate action necessary for the efficient and effective administration of City affairs and sus~nds the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 22"d of May, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APP~OV~ as to form: May 16, 2007 By: ' W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H ~1LEf~-DI RlsharedlGarySlagenda~200715-2210rd-AppropRayThurman-Saratoga) ndustrial.doc _...s. .,.~ ...~ - ..~,~. .u._....,.,._ _ _ , Page 2 of 2 Corpus Christi, Texas Day of _~ _ _.~._ .2007 TO fiHE MIEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an em~irgency exists requiring suspension of the Charter rule as to consideration and votiAg upon ordinances at two regular meetings: I/we, therefore, request that you suspend mid Charter rt~~ 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 CouMncil Members Theabo~ ordinance was passed by the following vote: Henry Garrett _ Melpdy Cooper _ Lamy Elizondo, Sr, Mike Hurnmell Bill Kelly Pri~illa G. Leal Jotei E. Marez Nelda Martinez Michael N~Cutchon H:1L~G- D i R1SharedlGarySlagenda1200715-221Ord-AppropRayTh urman-Saratogalndustrial.doc 12 AGENDA MEMORANDUM May 22, 2007 AGENDA ITEM: a Mot~n approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Dyke Henderson, owner and developer of South Saratoga Acres, Block 1, Lots 11 8~ 12 located west of State Highway 286 and south of Saratoga Boulevard for the installation of 748 linear feet of 12-inch PVC water grid main; and b. Ordi~nce appropria~ng $31, 798.31 from the Arterial Transmission & Grid Main Trust Fund No. 540450-21805-4030 to reimburse Dyke Henderson for the installation of 748 linear feet of 12-inch PVC grid main to develop South Saratoga Acres, Block 1, Lots 11 & 12; and declaring an emergency. ISSUE: Dyke Henderson, owner and Developer of South Saratoga Acres, Block 1, Lots 11 & 12, will start the instal~tion crf 748 linear feet of 12-inch PVC water grid main, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the ir~tallation from the Arterial Transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. REC~IAME~ATION: Staff recommends approval of the motion and ordinance as presented. 1\• Debofsh A. Niiarroquin, P. Interi~t Director of Development Se ices Attac~nents: I~xhibit A Background Information Iachibit B Local~n Mapi Schematic 12" Proposed Waterline Exhibit C Application for Waterline Reimbursement Exhibit C Application for Waterline Credit Exhibit E Waterline Cost Estimate Exhibit F Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BAC~CGRQtJND: The development and platting of South Saratoga Acres, Block 1, Lots 11 8~ 12~(Exhilhiit B) requires a total extension of 748 linear feet of 12-inch PVC water grid main along the west side of State Highway 286. The proposed 12-inch water grid main begins at the existing 12-inch water line previously installed by others and extends south, along State Highway 286 approximately 748 linear feet terminating at the South Saratoga Acres, Block 1, Lots 11 & 12 south property line (Exhibit B). The 12-inch water grid main is consistent with the City's 1997 Water Distribution System Master Plan. The developer submitted an Arterial Transmission and Grid Main Cons~'uctiart and Reimbursement Agreement (Exhibit F) and supporting documentation in comp~ance with provisions of the Platting Ordinance. The Application for Water Line Reirr~ursement (Exhibit C) and supporting cost documentation is attached. The total construction cost submitted by the developer for the installation of 748 linear feet of 12-inch PVC water grid main is $41,017.85 (Exhibit E). The developer submitted an Application for Water Line Credit (Exhibit D), which allows the Developer to deduct the water acreage fee from the reimbursement and receive a credit for the water acreage fee that i~t applied to the water acreage fee during final plat recordation. The water acreage fee is suk~tracted from the construction cost. The c+pnstruction cost, less the acreage fee credit ($41,017.85-$9,219.54=$31,798.31), is $31.798.31. Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursement determined on the actual construction cost, not to exceed $31.788.31. Exhibit A Page 1 of 1 z ~ "SARAH ST ~ ~r ~~ ~ .. „SITE" ~ ~ I~ i ~~ ~ ~ ~. D I LOTS 11 12. BLK t C S. SARA OGA AC, . i 1 _ _ _ ~~~ EXISTING 12-W PROP ~ PROP ~ PROP FH CRC7SSTOWN EXP`r (SH 286) P~P- ]~~p~ 12" PVC ,.1 ~ UNE LOCATION A~IAP 1 Z00' APPROX. I ~ LOTS 11 do 12, BU< 1, ~~°a~'~ $. $A•?ATOGA AC. Exhibit s `~. "°. °® WATER UNE REI~I~IRSEI~NT ~~;,-~,~. Pagelofl ~. ~ CORPUS CHRISTI, TX r~or o~-TE: s/2/t s++EEr ~ aF ~ APPLICATION FOR WATER LINE REIMBURSEMENT I, Uylr~ Henderson, owner and developer of proposed Lots 11 & 12, Block 1, South Saratoga Acres, hereby reque~ reimbursement of $31..798.31. for the installation of the water grid main in conjunction with said hots 1 l & 12, Block 1, South Saratoga Acres as provided for by City Ordinance No. 17092. Said ~ I .,798.31 is the construction cost, including 7',~z% Engineering, in excess of the acreage fee, as shown by the cost of supportf,yl~g documents attached herewith. D el r Date i STATE OF TEXAS COLII~TY OF NUECES This instrument was acknowledged before me on ~~u.vj ~J 2007 by Dyke Henderson. .~?!" ANDREA E. SEaiOVIA Notary Public, Stapp of Texas My Commission Expires `~ . 'E ~ ~' November 10, 2010 ~~„~„ ~J Notary Public in an for the State of Texas CERTI~'1CATION The it~ormation submitted with this application for reimbursement has been reviewed and determined to be correct. Reir>~ursement is subject to: {a) Sufficiency of funds in the Grid Main Trust Fund; and {b) Appropriation and approval by the City Council. r ~j /~1 Development Services Engineer Date Exhibit C 06066 Application for Water i.ine Reimb-usement APPLICATION FOR WATER LINE CREDIT 1, Dyke Henderson, owner and developer of proposed Lots l 1 & 12, Block 1, South Saratoga Ac., hereby apply for $9,219.54 credit toward the water acreage fee for the grid main extension installed in conju~tion with said Lots 1 1 & 12, Block 1, South Saratoga Ac. as provided for by City Ordinance No. 17092. $41,017.85 is the construction cost, including 7'/z% Engineering, as shown by the cost of suppo;fting documents attached hfrewith. /, ~ ~-- ~~ Dev 1 ate STATE OF TEXAS COC1I'~TY OF N[JECES This instrument was acknowledged before me on ~ ~ 5 2007, by Dyke Henderson. ~:~ ANDREA E. ~GOVIA ?'''~ = Notary Public, Mete of Texas ;~ My Commisdon Expires ~~.na` November 10, 2010 Cli C~.~ Notary Public in an for the State of Texas CERTIFICATION The htformation submitted with this application for water line credit has been reviewed and detert>~ned to be correct. ~ f f f `i ~"~~ Development S ices Engineer Date Exhibit D 06066 ~plicatitx- for Water Line l'redit COST ESTIMATE GRID MAIN WATER IMPROVEMENTS S. SARATOGA ACRES, BLOCK 1, LOT 12 CONDO SUBDIVISION ,: OS~i EST[MAT[ 06066 5/15/2007 ITEM D RIPTION QUANTITY UNIT UNIT PRICE AMOUNT WATE IMPRQ~IEMENTS ~ - 12" PVC (C-900) _ ?48 LF $ 29.75 $ 22,253.00 2. 12°' GATE VALVE W/BOX _ 2 EA 1,500.00 3,000.00 3. 12" CAP & BLOW OFF VALVE EA 325.00 325.00 4. 12" TEE a EA 575.00 2,300.00 5. FIRE HYDRANT 3 EA 1,675.00 5,025.00 6. 6" GAT VALVE W/ BOX 3 EA 625.00 1,875.00 7. 6" 90° ELBOW _T 3 EA 265.00 795.00 8. 6"x30"P'VC PIPE NIPPLE - _ 9 EA 225.00 2,025.00 _. ___.. _ SUB-TOTAL 37,598.00 ,~ __ PAYMENT BOND 600.00 __. '_~ 7.5°~ ENGINEERING $ 2,819.85 __ _ TOTAL BID ; 41,017.85 _ LESS LOT/ACRAGE FEE CREDIT 9,219.54 i. _, TOTAL REIMBURSEMENT ; 31,798.31 Page 1 of 1 Exhibit E ~,. ~..-. _ . _..__ . ,,w. ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This ~teriai Transmission and Grid Main Construction and Reimbursement Agreement ("Agrelement") is entered Ito between the City of Corpus Christi (hereinafter "City"), a Texas: horns-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Dyke Henderson, 2125 Saratoga Boulevard, Corpus Christi, Texas 78417 (hereinafter "Devebper"). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develsp a tact of land of approximately 9.877 acres called South Saratoga Acres, Block 1, Lots 11 & 12, located west of State Highway 286 and south of Saratoga Boulevard, as shq~nnrn in the attached Exhibit 1; WHEt'EAS, under the Platting Ordinance, the Developer is responsible for construction of a 1~-inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the fleveioper's costs for the construction of a 12-inch PVC grid main; WHElREAS, it is essential that the 12-inch PVC grid main be constructed along State Highwy 21, in connectian with South Saratoga Acres, Block 1, Lots 11 & 12 for it will provide futu~+e service connections to the south; NOW,. THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as fo~ows: 1. REQUIRED CONSTRUCTION The [~ievek~per shall construct the 12-inch PVC grid main needed for South Saratoga Acres, Block 1, Lots 11 8~ 12 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12-inch PVC grid main, as shown in Exhibit 1, with the following basic design: (1) Install 748 linear feet of 12-inch PVC grid main. (2) Install 2 (two) 12-inch Gate Valves and Boxes Exhibit F 1 of 6 (3) Install 1 (one) 12-inch Cap and Blow-Off Valve. (4) Install 4 (four) 12-inch Tees. (~) Install 3 (three) Fire Hydrant Assemblies. (6) Install 3 {three) 6-inch Gate Valves and Boxes. (7j Install 3 (three) 90 Degree Elbows. (a3j Install 9 (nine) 6-inch x 30-inch Pipe Nipples. The 12-inch PVC grid main will be constructed beginning at the existing 12- inch water line previously installed by others and extend south, along State Highway 28fi a~roximately 748 linear feet terminating at the South Saratoga Atxes, Block 1, Lots 11 & 12 south property line. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3. SITE IMPROVEMENTS Prior ~ construction of the 12-inch PVC grid main, the Developer shall acquire and dedic~Itte to the City the required utility easement or right-of-way for the installation of the 12-inch PVC grid main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. D&VELQPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a corttract and include within the contract that the 12-inch grid main shall be consucted in accordance with the approved plans and spec cations and completed by May ~1: 20Q8. 6. TIME IS OF THE ESSENCE. Time of ate essence in the performance of this contract. 7. D'~FAULT. The f+~llowing events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans ai specificatic~s for this project by the 10th calendar day after the date of a~tproval by City Council. 2 of 6 e__ _ _.,_ _. „,,,, _-.._.._._ ~. w...._..~._..._. ..,. .k ..._._ ~... ._.r... _-,,. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40tH calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and spec cations, on or before May 31, 2008. In thq event of default, the City shall have all its common law remedies in addition to the follov~ng: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8 T~iIRD-PARTY BENEFICIARY. Developer's contracts wild the professional engineer for the preparation of the plans and >ecifldations for the construction of the project, contracts for testing services, and with a contractor for the construction of the project shall provide that the City shall be a third part~- beneficiary of each contract. 9 F~RFf)RMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contact is in excess of $100,000 and a payment bond if the contract is in excess of $25,400. The performance and payment bond shall comply with Texas Government Cody, Chester 2253 and shall be in the form and substance as attached hereto. The perft~'manoe and payment bond shall name Developer and City as joint obligees. 10. (NOTICE. Shor;~d Developer fail to perform any obligation or duty of this agreement, the City shall give .notice to Developer, at the address stated above, of the need to perform such obligation or duty, and mould Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging cost of such performance to Developer by reducing the reimbursement amor~nt due Developer. Developer will pay to City the cost of such performance within 30 dieys from the date Developer receives notice of the cost of such performance. Notitte required by the paragraph may be by United States Postal Service, First Class Mail, Certif~d, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the 3of6 ,,,.. .~.,..., x ~. - .. alternative, in the event of Developer's failure to cure any such breach after notice, the City shay terminate this agreement. The provision for notice and cure contained herein shall not apply to a defauk under paragraph 7 hereinabove. 11. VtIARF?~1NTY Devebper sfiall have contractor execute a warranty of the workmanship of and function of the 12-inch PVC grid main and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be asiaigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid main, upon eatistactory completion and testing in compliance with approved plans and specicatiorts, and final acceptance not to exceed $31,798.31. See Cost Estimate attaclired hereto as Exhibit 2. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12-inch PVC grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 12-inch PVC grid main. 13. ~DEl~iIFICATION. Developer shall indemnify and hold harmless the City, its oa~cers, and entp~yees from all suits, actions, or claims and from all liabry foi any and all juries or al~mages sustained by any person, including with~trt li~#ation workers compensation, personal injury or death, arising from or incident to this 72-inch PVC grid main construction. 14. This a~eement is a covenant running with the land, South Saratoga Acres, Block 1, Lots 11 ~ 12, a subdiv~ion in Nueces County, Texas, and shall be recorded in the Officil Publiic Records of Nueces County, Texas. 15. [SCL4SURE OF OWIINERSHIP INTERESTS. Devebper further agrees, in comp~'iance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Aigreement, the Discbsure of Ownership interests form attached hereto as Exhibit 3. 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure~o the benefit of the City and Developer, and their respective heirs, successors, and aiesigr~s from and after the date of execution. 4 of 6 __ ,,,. EXECUTED IN DUPLIGATE originals, this _ day of ATTEST: CITY OF CORPUS CHRISTI _~_ BY~ Armando Chapa, City Secretary 2007. George K. Noe, City Manager APPROVED: ~ b~' day of ~Q„ , 2007 By. Ga mith Assi~ant City Attorney for the City Attorney THE STATE OF TEXAS COMITY f3F NUECES This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Pubic, State of T®xas 5of6 DEVELOPER: Dyke Henderson f~ k ende n THE ~TATfr OF TEXAS COUt!~TY OF NUECES This i~strurnent was acknowledged before me on J- , 2007, by Dyke Henderson. ~, ,, ~l/~111/ ~ ~cz.~n r Notary Pubes, State of Te~Cas '~~ ''''•'R''re~ ANDREA E. SEGOVIA Notary Public, State of Texas '~;~:i~~~~~,= MY Commission Expires "h~xnn•~' Nov~mbsr 10, 2010 6 of 6 .~ ...~,.W,,,,.,.. _.. _ _ .. ,,~._. z ~ LSARAH ST. O m ~-~ v „S~rE„ _ w CROSSTOWN EXPY. (SH 286) AVERS ST. (SH 286 BUSINESS.) _1 r- AREA MAP 1 " 1200' APPROX. ~~ ~ D D O D _oTS ~ 1 ~ 12. Btx ~ s. sARA ocA Ac. 15'UE EXISTING WW PROP Rh1 PROP FH PROP FH CROSSTOWN EXPY (SH 286) LOCATION MAP t' 200' APPROX. r 0 t 2'1N PROP. 748 LF 12" PvC WTR uNE cotpus~0 s ~aRINc cOaP. N0: w1R JOB N0: SCREE: AS PLOT SCay.E: , t 200' PLOT GATE: 5/;t/07 SHEET' t OF 1 LOTS 11 do 12, BU< 1, S. SARATOGA AC. Exhibit 1 i WATER UNE REIMBURSEMENT CORPUS CHRISTI, TX age o ~ COST ESTIMATE GRID MAIN WATER IMPROVEMENTS S. SAILAT(>~A ACRES, BLOCK 1, LOT 12 CONDO SUBDIVISION i~OST ESTIMATE 06066 sn saao~ ITEM DESCRIPTION ~ QUANTITY UNIT UNIT PRICE AMOUNT WATER IMPROVEMENTS 1. 12" PVG (C-900 748 LF $ 29.75 $ 22,253.00 2. 12" GATE VALVE W/BOX 2 EA 1,500.00 3,000.00 3. 12" CAP & BLOW OFF VALVE ~ 1 EA 325.00 325.00 4. 12" TEir ~ 4 EA 575.00 2,300.00 5. FIRE F~1'DRAIVT _ 3 EA 1,675.00 5,025.00 6. 6" GATE VALVE W/ BOX 3 EA 625.00 1,875.00 7. 6" 90° LBOW _ 3 EA 265.00 795.00 8. 6"x30"F~t/G PIPE NIPPLE 9 EA 225.00 2,025.00 -- ____ SUB-TOTAL 37,598.00 __~ PAYMENT BOND 600.00 .__ 7.5% ENGINEERING $ 2,819.85 f TOTAL BID E 41,017.85 _ __ LESS LOT/ACRAGE FEE CREDIT 9,219.54 ~ _ _~_ TOTAL REIMBURSEMENT $ 31,798.31 Page 1 of 1 Exhibit 2 k ., .3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer wig "NA". FIRM NAB .~L{~ . ~ . ~/~(~?~~S ~ ~l STREET ~~Zw.3' S'i~ f f~ ~ CITY: ~ r~U-S ~~/J 'r7 ZIP: ~7~Y5~/7 FIRM is: 1. Corporation _ _ __ ~ 2 Partnership i 3. Sole Owner ~ 4. Association 5. Other _ DISCLOSURE QUESTIONS If additionali space is necessary. please use the reverse side of this page or attach separate sheet. 1. State ~e rues of each "employee" of the City of Corpus Christi having an "ownership interest" canstl~uting 376 or more of the ownership in the above named "firm". Name Job Title and City Department (if known) e~ 2. 5tal~ the names of each "official" of the City of Corpus Christi having an "ownership interest" cons ting 376 or more of the ownership in the above named "firm". Name Title -i r~ _--..nom _ _ _.~. 3. State ~e names of each "board member" of the City of Corpus Christi having an "ownership interest" constl~ting 376 or more of the ownership in the above named "firm". Name Board, Commission or Committee 1~ 4. State ~e nalNes of each employee or officer of a "consultant" for the City of Corpus Christi who worked on and matte related to the subject of this contract and has an "ownership interest" constituting 3% or more Of the ownership in the above named "firm". Name Consultant ____ CERTIFICATE I certify that a~ information provided is true and correct as of the date of this statement, that I have not knowingly withheld csclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person:.. ~ (.~ ~!~ ~ . ~-~(kQ~~,S Q ~ Title: (Type or Print} / ~ i / '; ;- Signature df Certifying Person: J~`~' Date: ~~' ~''~ ~ v Exhibit 3 Page 1 of 2 AN ORDINANCE APPIROPRIATING $31,798.31 FROM THE ARTERIAL TRANSMISSION & GRID MAIN TRU35T FUND NO. 540450-21805-4030 TO REIMBURSE DYKE HENDERSt~I FOR THE INSTALLATION OF 748 LINEAR FEET OF 12-II~H PVC GRID MAIN TO DEVELOP SOUTH SARATOGA ACRES, BLOCK 1, LOTS 11 & 12; AND DECLARING AN EMERGENCY. BE iT ORQAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $31,798.31 is appropriated from the Arterial Transmission 8~ Grid Main Trust Fund No. 540450-21805-4030 to pay Dyke Henderson, Owner and DewNoper of South Saratoga Acres, Block 1, Lots 11 & 12, for the installation of 748 linear feet of 12-inch PVC grid main located west of State Highway 286 and south of Saratoga Boulevard. SEC~'ION 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 immidiate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effecrt upon first reading as an emergency this the 22"d of May, 2007. ATTEST: ArmrNndo Chapa ~- .r.. City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor APP~tOV~ as to form: May 16, 2007 . Smi#h Assistant City Attorney For City Attorney H:\LEIt?-D I Rlshared\GaryS\agenda\200715-22\Ord-AppropHenderson-SouthSaratogaAcres.doc . ~.. ~. _-,, _,_ -e_ ~, - .,...~,,,- ..... __ - Page 2 of 2 Corpus Christi, Texas _ Day of ^ _ , 2007 TO THE 11~MBERS OF THE CITY COUNCIL Carpus Christi, Texas For the r1easons 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. RespectfuNy, Respectfully, Henry Garrett Mayor Council Members The-:above ordinance was passed by the following vote: Hetxy Garrett Me~dy Capper Larry Eliz~do, Sr. Mik! Hurnmell Bill Kelly Pri9~illa G. Leal John E. h~lerez Nelda Martinez Mit~ael h~cCutchon H:\L~G-DI R1Shared\GaryS\agenda1200715-22\Ord-AppropHenderson-SouthSaratogaAcres.doc -,~ <.,~ .~. ..~. ~,m,,,,,.., _. ~. _ 7 _ .. _ _. ,,~ _ _ .. _ ,.. __.,..,.H._. _._ ,~,..._. .~. .__ .._ ,~- .. m__ m._~„ 13 CITY COUNCIL AGENDA MEMORANDUM May 22, 2007 AGIIDA ITEM: Ordinance abandoning and vacating a 984-square foot portion of a 10- foot -:wide utility easement out of Lots 15-16 and Lots 37-38, Block S, Don Patricio Suhllivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, Triples R Sales, LTD, to comply with the specified conditions; and declaring an emergency. ISStj1E: The reason for the closure of the utility easement is to allow for the future con~ructian and development of a new structure that is proposed to be built over said eas~nent. REf~U1R~ COUNCIL ACTION: City Charter requires Council approval to abandon and vacaRe any portion of an easement. IMPEME'~iTAT10N SCHEDULE: Upon approval from Council and publication of the ordir~nce, all grants of easement closures must be recorded in the real property Map Rec~-ds ~ Nueces County, Texas, in which the property is located. Prior to the building peat ap~oval of construction, an up-to-date survey, abstracted for all easements and items of nt~ord, must be submitted to the Director of Development Services. These requ~emen#s are in compliance with Ordinance No. 025816, approved 7-13-04. REODMMi~NDATION: Staff recommends approval of the ordinance as presented on an eme~ency basis. r Debbie Mar quin, .E., Interim Director of velopment Services Attachments: Exhibit A -Background Information Exhibit B -Ordinance Exhibit C -Site Location Map AGENDA MEMORANDUM ADENTIONAL BACKGROUND INFOitMATION PURMOSE AF CLOSURE AND BACKGROUND: Tripp R Sees, LTD ("Owner"), is requesting the abandonment and vacating of a 984- squa~e foot portion of a 10-foot wide utility easement out Lots 15-16 and Lots 37-38, Block S, Dt~n Pa~nicio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive. The easement to be abandoned and vacated is located in a "B-4" General Business District. The lbandonment and vacation of the utility easement is being requested so that the owner can demolish an existing house and garage and construct a larger home that will be set further back from his property line fronting the Flour Bluff Drive right-of-way. Ali public and franchised utilities were contacted. None of the city departments and franc~tised utility companies had any objections with the portion of utility easement to be abandoned. Staff Recommends payment of the fair market value of 2 086.00 for the abandonment and vacan of a 984-square foot portion of the 10-foot wide utility easement. The owner has been. advi9ed of and concurs with the conditions of the easement abandonment and vacan, EXHIBIT A Page 1 of 3 AN ORDINANCE A~-NDONING AND VACATING A 984-SQUARE FOOT PORTION OF A 1~-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 15-16 AND LOTS 3~"-38, BLOCK S, DON PATRICIO SUBDIVISION, BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE OWNER, TRIPLE R SALES, LTD., TO COMPLY WITH THE SPECIFIED C+QNDITIONS; AND DECLARING AN EMERGENCY Wii~REAS, Triple R Sales, Ltd. (Owner), is requesting the abandonment and vacating of a 984-square foot portion of a 10-foot wide utility easement out of Lots 15-16 and Lobs 37-38, Block S, Don Patricio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive, to allow for the future construction and development of a new structure that is proposed to be built over said easement. The easement to be abandoned and vacated is located in a "B-4" General Business District; and WtEREAS, it has been determined that it is feasible and advantageous to the City of Cotpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit) NC~W, TREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CC~tPUIS CHRISTI, TEXAS, THAT: S~TIO~1 1. That a 984-square foot portion of a 10-foot wide utility easement out of Lois 15-16 and Lots 37-38, Block S, Don Patricio Subdivision, as recorded in Volume 8, Pale 30, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. S~TION 2. The abandonment and vacation of the above utility easement is col~ditioned upon Owner's compliance with the following: Owner must pay the fair market value of $2,086.00 for the abandonment and vacation of the total 984-square foot portion of the 10-foot wide utility easement. 2. Owner must comply with all the specified conditions of the ordinance within 30 days of Council approval. 3. 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. H ~,EG-DIR1SharedlGarySlagenda1200715-2210RD-abandon-vacateTripleR-DonPatricioSD-UtilEasement.doc Page 2 of 3 SECTION 3. 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 imm~iate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordir~nces at two regular meetings so that this ordinance is passed and shall take effect upon first reading ~ an emergency this the 22"d of May, 2007. ATTEST: Armando Chapa City Secre~try CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APP~tOVED: May 16, 2007. G ith Assistant City Attorney For pity A~rney H ~\LE~G-DI Rltshared\GaryS\agerada12007\5-22\ORD-abandon-vacateTripleR-DonPatricioSD-Util Easement.doc .~ ., ~., .,~ _ e ., ,,,. ~._.,.,,~.,.. - _ ., ... .... __ .... ..._.~. s .,._ __.,..,_..,..._. Page 3 of 3 Corpus Christi, Texas Day of _~_.. _..___ , 2007 TO THE hi~MBERS OF THE CITY COUNCIL Corpus Christi, Texas For ~e reie~sons set forth in the emergency clause of the foregoing ordinance an em~irgency 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 slid Charter rule and pass this ordinance 1•inally on the date it is introduced, or at the present meeting of the City Council. Re~ectfully, Council 11~embers Respectfully, Henry Garrett Mayor Theabove ordinance w>ats passed by the following vote: Henry Garrett Me~dy Cooper Larr~r Eliz~tdo, Sr. Mik~R Hur~mell Bill Kelly Pri~illa G. Leal John E. I~arez Nelr~a Martinez Michael McCutchon H ° 1LEG-D I R1SharedlGarySlagenda12007~5-22~ORD-abandon-vacateTripleR-DonPatricioSD-UtilEasement.doc SURVEY OF owNER: TRIPLE R SALES, LTD 10.00' UTILITY EASEMENT OUT OF LOTS 15, 16, 37 AND 38. BLOCKS SCALE I" = ao' DON PATRICIO CORPUS CHRISTI, NLlECES COUNTY, TEXAS MAP RECORDS Of NUKES COUNTY, TEXAS VOLUhff 8 PAGE 30 WOOD CREST DRh'E ] ' t c LYNHURST DRIVE 40' RIGHT-OF-WAY ~~ FEPICE CoaNHI POST i ON CORNER O 0 FLOUR BLUFF DRIVE LocaTrvE r,Ar °°~~ ~" IRON ROO NOT TO SCALE COMMENCING POINt tw.rl I (a.i1 g r $ LOT I S LOT 16 d ~ BLOCK S BLOCKS ~ LOT i 4 ~ w LOT 17 e- Z s unun ~ EAtiu~rt BEGINNING POINT FOUND SAT' 530'00'00'1N 96.M' FOUND 5!!' IRON ROp IRON ROD N30'00'O "E 98.44' N59'S2'22'W S59'S2'22"E 10.00' s't7TILln I ate, EA9FIEM _ i3 LOT 39 LOT 36 LOT 38 LOT 37 BLOCKS BLOCK S 60T 6.OY FOUND 114" ~~ ~ IRON PIPE IRON ROO SAVE AND IXCEIT 009 FLOUR 100'R UFF DRIVE ~ -OF-WAY NORTHMRSf~ILr1r LOTS 37 i 30. RLOCR 5 STATE OF TEXAS VOL 750. PG. 731, D.R.. NC.T. (FOR RIGHT OF-WA1~ Brister Surveying 4630).etRen OTnR Coryus Chrisd. TARS 781 ~ I ~' 361-SM-9110 THIS PRO~TY IS LOCATED WRHIN ZONE C DERNEp QAI THE FEDQIAI EMEILGEIJCY FypAG'E19FNT MAPS. COPIMkVITY PANEL 4654:64 0316 C DATED ___ 1ULY 16. 196.5 ANO ^ 6 ®IS NOT LOCATED IN a OBfIGNATEp 106 TEAR FLOOD ZONE T1p5 SUIIVEr t WAID FOIL THE TRAN4CTWN ipt WHICH rt WAS PEIMW. WING RIALL NOTE U®FOR ANY PURIOfE OTWR TNA~Tyt TMNiACT1pN WRHOUT TF1F VYYtTIN NRM~pn~ ANp OUF CRFREPRATtON RENOEEO TO MISTER A/AVErINf ar~Er WTt MRrch 14, 2007 FOUND SIR IRON RODS AT AlL CORNERS EXOHT AS NOTED. I, RONALD E YIISTER DD I191GIY CERTFr TNRT TINS suRVEr wAf TN6 DAY MME ON TIE GROUND OP THE PRORLIIn LEGALLY OtlCIR1lD NERlN AND 6OMR[CT: AND TWIT THERE ME NO ORGIBANCB, CONRKTS, SHORTAGES W MEA, EOW DARY UNE CONIEICTS, VIfIELE ENCIWACMEN/5, OV(RIAF-IRIG or IMROVNliTS, EAiRIFN7S DR APPARMT RIORS OF wAr. Elt[R-T As SHOrVN HEREON, AND SAID PROPERn NAS Aceeg TO AND PROM A DEOIGTED ROADWAr EXCER AS SHOWN HEREON 1 RONALD E BRISTER 0..P.LS. NO. 5107 EXHIBIT C 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 15, 2007 AG~IDA ITEM: An ordinance amending the Code of Ordinances, Section 23-76, Smoking Prohibitions, subawection (b), by enacting new subpart (7) to exempt tobacco specialty stores; providing for severance; providing for a penalty; establishing an effective date; and providing for publication. ISSt~1EE: Smoking restrictions will not apply to tobacco specialty establishments that are used! primarily for the sad of tobacco products, however smoke from their establishment cannot infiltrate into areas where smoking is prohibited under provisions of the ordinance. REgUIR~ COUNCIL ACTION: Approval and passage of the ordinance to amend the Cod of Ordinances. Pft~lIOU~ COUNCIL ACTION: Council approved smoking ordinance amendment April, 2004. FUNDING. None COILU~ON AND RECOMMENDATION: Recommend City Council to approve the ame~dmetrt to the Code of Ordinances. __, ~. ,. .~ (Department Head Signature) BACKGROUND INFORMATION An ar~endr~nent to the smoking ordinance was approved in April, 2004 by the City Council. The rent was to provide citizens' protection from exposure to tobacco smoke, by placing restri~#ions on smoking within the City of Corpus Christi. The provisions were designed to achieve a reasonable balance between the rights of non-smokers to breathe clean air and the w~hes of smokers. This #mendrnent to the ordinance will allow individuals to sample tobacco in tobacco specialty s~cxes that primarily sell tobacco products. This amendment will exempt tobacco specialty stores from current smoking restrictions. AN ORDINANCE ADDING THE CODE OF ORDINANCES, SECTION 23-76, SMOKING PRIIBITIONS, 8UBSECTION (b), BY ENACTING NEW SUBPART (7) TO EXEMPT TQBACCO SPECIALTY STORES; PROVIDING FOR SEWERANCE; PROVIDING FORA PENALTY; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Section 23-76, Smoking Prohibitions, subsec- tion (~), is amended by enacting new subpart (7) to read as follows: "Sec. 23-76. Smoking prohibitions. "(a} ~: <<(b~ "(1) .. "(7) Tobacco sQecialty stores Smoking restrictions in this section will not apply to retail establishments that are used primarily for the sale of tobacco products and accessories and in which the sale of other products is merely ir~idental~ nrnviriarl hnwavcr +h~+ ~m~Le f~~.,., +1........ .,~____ does not infiltrate into area provisions of this chapter." "(c} ,. SEC~'ION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word,. or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subd~rision, clause, phrase, word, or provision of this ordinance, for it is the definite intend of the City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. A violation of any provision of this ordinance or requirements implemented under' this ordinance constitutes an offense punishable as provided in this ordinance EHord204 doc SECTION 4. This ordinance becomes effective June 1, 2007. SECTION 5. Publication shall be made in the official publication of the City of Corpus Chri9ti by publishing the caption stating in substance the purposes, intent, and effect of the cxdinance. EHord204 doc ,~ .,.- .,.,,.... -.F .u_ ,,,~, m.....,a,,,,~.. _ „,~ Corps Christi, Texas The fore coin ordinance was read for the first time and passed to its second reading on this the (~ day of r ,, 2007, by the following vote: Henry Garrett __~ Rex A. Kinnison Brent Chesney ~~ _ _ John E. Marez ~~-llQ Meiady Cooper Jesse Noyola Jerry Garcia ~~~~' _~ Mark Scott Bill IGelly The foregoing ordinance was read for the second time and passed finally on this the ___~ day of ~_ , 2007, by the following vote: Henry Garrett John E. Marez Nelda Mar f, Melody Camper Mike Rummell ,~' Bill ~.. PAS>~ED ,4~tD APPROVED on the _ day of ATTEST: Armando Chapa ~~ City secretary 2007. CITY OF CORPUS CHRISTI Henry Garrett Mayor AS TO LEGAI. FORM: May 7, 2007 i liz th ~. Hundl y As ~ nt City Attorney '., for tFre City Attorney EHord~4 doc _.,,,., ~,.~. ,.~, ,s, ,,,. ,.~._-~._.,.,,.,... _ . .~- _ . _..... _ _ _ ._ ~, _...M,.... ,,,., , ~..... _._ .~,, .. _... 4.... _., _..,,,, That the foregoing ordinance was read for the first time and-passed to its second reading on this the day of __~_ , 2007, by t.~e #orlowing vote: Henry Garrett ~ _ Prisc~fla G. Leal Melody Cooper John E. Marez Larry Elizotxlo, Sr. ~- '~~~. ~-~ , Mike Diu I -~ Kelly Nelda Martinez Michael McCutchon 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 Melody Cooper Larry:Elizor'~lo, Sr. Mike Rummell Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Bill K111y APPI~OVE~ AND PASSED on this day of 2007. ATTffll~ST: Arma~ado C~apa, City Secretary Henry Garrett, Mayor 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 22, 2007 AG~+IDA ITEM: Ordinance appropriating $600,000 from the Unreserved Fund Balance in the Water Operating Fund 4010 to pay expenses, as required by the contract for the Grou~dwa#er Project with San Patricio Municipal Water District, incurred by the District related to the groundwater project and lease with Goliad Sands, Ltd. and changing the FY 200f~2007 operating budget adopted by Ordinance 026908 to increase appropriations in the 30270-Supplemental Water Sources by $600,000. ISSUE; San Patricio Municipal Water District purchases raw and treated water from the City t~f Corpus Christi as a wholesaler and furnishes water to Cities in San Patricio County. The district has been a 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 San Patricio Municipal Water District has been working toward developing groundwater resources from the Gulf Coast Aquifer as an additional source of water for their system. San Patricio Municipal Water District signed agreements with Goliad Sands Ltd. to reserve 11,2t~ acre-ft of Gulf Coast Aquifer water in Bee County to enable studies to be conducted to determine the quantity and quality of the source. Originally, the plan for this project required the construction of a pipeline from the source of the vaster in Bee County to San Patricio Municipal Water District. The ability to deliver this water through the Mary Rhodes Pipeline to the O.N. Stevens Water Treatment Plant makes this proposal more cost effective for the region. The City and San Patricio Municipal Water District jointly agreed to develop the grour~lwater supply on behalf of the Coastal Bend Regional water customers in order to further diversify regional water supplies. PRE1tI0U~ COUNCIL ACTION: December 19 2006 -Approval of an Ordinance appropriating $1,015,735 from the Unreserved Fund Balance in the Water Operating Fund 4010 to pay expenses incurred by San Patricio Municipal Water District related to the groundwater project and lease with Goliad Sands, Ltd. and to pay expenses related to the quality test phases of the contract with San Patricio Municipal Water District related to groundwater supply from Goliad Sand, I_td. and changing the ~Y 2006-2007 operating budget adopted by Ordinance 026948 to increase appropriations by $1,015,735. Decmber 19, 2006 -Approval of a Motion authorizing the City Manager, or his designee, to ever into a contract with San Patricio Municipal Water District related to the development of groundwater supply from Goliad Sands, Ltd. WOIi~(PLAN AND CURRENT PROGRESS Phasye t - Beginning in January 2007 updates to draft specifications, preparation of a bid package, cost estimates, qualifying of bidders, bid opening, and evaluation were completed. This portion of the project was completed in April. The drilling company contractor was selected and contract awarded by the SPMWD Board. - The contractor will drill water quality test holes at three sites, in order to perform corr~xehensive water quality testing and preliminary short term pumping test. This will take the project through the end of September. Work to drill the quality wells will begin May 28, 2007. The results of the water quality and short term pump test data will be evaluated at the end of September. Within 90 days, a decision to continue or not, will be made. The actual cost to complete this portion of the project has increased from $734,500 to $1,334,500. Therefore an additional $600,000 must be appropriated to complete the Phase I work on the necessary wells. The r+~sults will be presented to Council. If Phase I is deemed successful, Phase II will be presented to Council for a decision to proceed. Phasl>e II Activities Include: Beginning in September and running through the first part of December 2007, drilling specifications, bidder qualification, bid opening and evaluation will take place. A decision to continue will be made. - Beginning in Mid-January running through the first of September2008 installation of an aquifer test welt, two monitoring wells and evaluation of results will take place. Within 90 days, a decision to continue will be made. The cost to complete this portion of the project is estimated to be $1,100,000 The results will be presented to Council. If Phase II is deemed successful, Phase 111 will be prtesent~i to Council for a decision to proceed. Phase III - Beginning in September 2008 work will begin on obtaining well construction and operating permit applications and if a contested case hearing is required this will be managed. With a contested hearing, this process should be completed by February 2009. The estimated cost to complete this portion of the project is $300,000. If the City completes all three phases of this project, the total expenditures are estimated to be $3,858,040. The cost break-down of the total project cost is as follows: E~ginesring, testing and legal fees - $ 2,734,500 G~iad Sands reservat~n fees - $288,000 Reimbursement of SPMWD previous expenses - $835,540 Total: $ 3,858,040 FUN~NG: The increase funding appropriation needed to complete Phase I is currently estin~ted tCa be $600,000 to fund the first-year's additional expenses of the feasibility study. The Judy will be funded through the Water Fund 4010 Unreserved Fund Balance. FundE for this project w~l be recovered through the Raw Water Cost Adjustment FY 2oo7t2oas. FUT12E COUNCIL ACTION: Appropriation of approximately $1,100,000 of funds for Phase II arifd additional monthly water lease payments when the agreement is ready for the n~txt phase. CONLUB~ON AND RECOMMENDATION ordinance. Staff recommends approval of the attached Ronald F. Massey Assistant City Manager BACKGROUND INFORMATION The sltrategy of developing fresh and brackish water resources from the Gulf Coast Aquifer is not'new and the potential for this resource was initially studied in 1963 and again in 1979 and 1997. Gulf Coast Aquifer sources were most recently studied during the Coastal Bend Regitmal Water Planning process S61 in 2000 cycle and developed further in the most recerrt round of planning for 2006. These later strategies called for using excess capacity in the Mary Rhodes pipeline for the conjunctive use and conveyance of groundwater from Refuc,~'o County principaNy from the Goliad Sands Aquifer formation and other lesser formations. In late 2000, the San Patricio Municipal Water District employed the services of Malcolm Pimie, Inc., consulting engineers, to begin a Brackish Groundwater Study in San Patricio and Aransas Counties. This study was designed to thoroughly investigate the possibility of accessing brackish groundwater with a TDS of <10,000 mg/I. In Phase I of their study, an area near Odem and an area near Rockport were ident~ed as havir~ very good potential to produce the quantities of brackish water needed. When estirr~ted capital cost for these potential projects were analyzed with the San Patricio District's rake model, this project was found to be less costly to the District rate payer than replat~ng the remaining deteriorated portions of the original Reynolds 24" treated water line from ~e Cry of Corpus Christi. In lat• 2002, San Patricio Municipal Water District management staff was preparing to recon>~nend to the District Board of Directors that Phase II of the Malcolm Pimie Brackish Groun~dwat~er Study be undertaken and that plans be made to develop these two areas near pdem and Rockport with the intention to produce a total of 4.0 MGD of potable water. Shor!#y thereafter, two separate large landowner groups interested in leasing property for grour~iwater production approached the District. Capital cost and rate implication analyses placed either of these two projects potentially above the ranking of brackish groundwater as the most desirable for the District ratepayers. At this point, the District began pursuing the development of the fresh groundwater option. As of this date, the District has signed a contract with Goliad Sands Ltd. and continues to negotiate with the San Patricio County Group. Groundwater in Texas is regulated by Chapter 36 Groundwater Districts. Use of these resources requires close cooperation by the Goliad Sands LLC, the San Patricio Municipal Water District, and the City of Corpus Christi with Chapter 36 Groundwater Districts in the Upper and Central Coastal Bend areas including the Bee County Groundwater District. The Bee County District will issue all permits for pumping associated with the groundwater project. ._ ,.,,, r,~ _.~, a. u,-....,. ~,__,o,,.,,,~, Page 1 of 2 AN ORDINANCE APPROPRIATING $600,000 FROM THE UNRESERVED FUND BALANCE IN THE WATER OPERATING FUND 4010 TO PAY EXPENSES, AS RE~IJIRED BY THE CONTRACT FOR THE GROUNDWATER PROJECT WITH SAN PATiRIClO MUNICIPAL WATER DISTRICT, INCURRED BY THL DISTRICT RELATED TO THE GROUNDWATER PROJECT AND LEi48E WITH GOLIAD SANDS, LTD, AND CHANGING THE FY 2006-2007 OPI~RATING BUDGET ADOPTED BY ORDINANCE 026908 TO INC~tEASE APPROPRIATIONS IN THE 30270-SUPPLEMENTAL WATER SOt~CES BY $640,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SEt~TION 1. That $600,000 is appropriated from the Unreserved Fund Balance in the Watwer Operating Fund 4010 to pay expenses, as required by the contract for the Grc~undwe#er Project with San Patricio Municipal Water District, incurred by the District related to the groundwater project and lease with Goliad Sands, Ltd. SE~TIOM 2. That FY 2006-2007 Operating Budget adopted by Ordinance 026980 is changed by increasing appropriations by $600,000. SECTION 3. 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 imrr~ediate action necessary for the efFcient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordmanc~ at two regular meetings so that this ordinance is passed and shall take effeict upon first reading as an emergency this the 22"d of May, 2007. AT'~EST: CITY OF CORPUS CHRISTI Armando Chaps ~ ~! City Secretary AP~R01i~D as to form: May ~ 6, 2007 Gad W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor :\LEG-D i R1Shared\GarySlage~da\200715-22\Ord-Approp-SPMWD-GoliadSands. doc ,,~. .u ,.-,~.,,.,._ . _ _ __ _ ..,. Page 2 of 2 Corpus Christi, Texas Day of , 2007 TO TIE MEMBERS OF THE CITY COUNCIL Corps Chii~ti, Texas For tie 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 susp~d said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. ResprectfuUy, Coui~il M~nbers Respectfully, Henry Garrett Mayor The above ordinance was passed by the following vote: Heni~r Garnett Melody Cooper Larry Elizondo, Sr. Mike Hunxnell Bill belly Pris+~lla G. Leal John E. Msirez Nelms Martinez Michael McCutchon H:\L~G-D I RlSharedlGaryS\agenda12007\5-22\Ord-Approp-SPMVIID-GoliadSands.doc